Fairness Substitution
This trap appears as a wrong-answer choice in 2 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
- Real Property1
Example wrong choices
17226_cookbook_libel · CIVIL_PROCEDURE · Choice AYes, because Bread of Life Press did not have sufficient minimum contacts with State C.
Why it's attractive
Names the correct axis (defendant contacts) but understates the quantum; needs the Keeton anchor to defeat.
Why it's wrong
Names the correct axis (defendant contacts) but understates the quantum; needs the Keeton anchor to defeat.
17226_cookbook_libel · CIVIL_PROCEDURE · Choice BYes, because Naomi did not have sufficient minimum contacts with State C.
Why it's attractive
Grades the plaintiff's forum contacts; specific PJ measures the defendant's — non-dispositive element.
Why it's wrong
Grades the plaintiff's forum contacts; specific PJ measures the defendant's — non-dispositive element.
17226_cookbook_libel · CIVIL_PROCEDURE · Choice DNo, because State C was the only forum still open to Naomi.
Why it's attractive
Substitutes 'she had nowhere else to sue' for the contacts analysis; necessity does not confer jurisdiction.
Why it's wrong
Substitutes 'she had nowhere else to sue' for the contacts analysis; necessity does not confer jurisdiction.
22002_kiln_room · REAL_PROPERTY · Choice AYes, because Lydia is entitled only to a reduction in rent proportional to the value of the kiln room.
Why it's attractive
Concedes the eviction but misstates the controlling remedy as proportional, which the majority rule rejects for a landlord's own actual eviction.
Why it's wrong
Concedes the eviction but misstates the controlling remedy as proportional, which the majority rule rejects for a landlord's own actual eviction.
22002_kiln_room · REAL_PROPERTY · Choice CNo, because Barnabas's decision to padlock the kiln room was unreasonable.
Why it's attractive
Substitutes 'unreasonable' (a feeling) for the legal test; the court does not inquire into the landlord's motive.
Why it's wrong
Substitutes 'unreasonable' (a feeling) for the legal test; the court does not inquire into the landlord's motive.
22002_kiln_room · REAL_PROPERTY · Choice DYes, because Lydia did not vacate the workshop.
Why it's attractive
Treats staying in possession as fatal, but vacatur is a non-dispositive element here.
Why it's wrong
Treats staying in possession as fatal, but vacatur is a non-dispositive element here.
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