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MisconceptionObserved in bank

Failure To Subpoena Equals Waiver

This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”

Subject distribution

  • Evidence1

Example wrong choices

  • 14892_scripture_card_call · EVIDENCE · Choice AInadmissible, because the phone recording is the original evidence of the call.

    Why it's attractive

    The answer points to the recording, but the call asks whether Barnabas may testify.

    Why it's wrong

    The answer points to the recording, but the call asks whether Barnabas may testify.

  • 14892_scripture_card_call · EVIDENCE · Choice CInadmissible, because Barnabas cannot identify the caller with sufficient certainty.

    Why it's attractive

    The answer turns lack of positive certainty into automatic exclusion.

    Why it's wrong

    The answer turns lack of positive certainty into automatic exclusion.

  • 14892_scripture_card_call · EVIDENCE · Choice DAdmissible, because Mary waived any original-recording objection by failing to subpoena Barnabas's recording.

    Why it's attractive

    The answer uses a subpoena waiver story that is not needed to admit the testimony.

    Why it's wrong

    The answer uses a subpoena waiver story that is not needed to admit the testimony.

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