False Narrowing To Documentary
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
17715_motorcycle_restoration · EVIDENCE · Choice AYes, but only because every excluded witness is presumed to support the proponent.
Why it's attractive
The word 'every' is a giveaway absolute, and the 'presumed to support' shortcut is a fabricated rule — FRE 103(a)(2) does not create such a presumption. The deciding question is which Yes-reason names the actual rule.
Why it's wrong
The word 'every' is a giveaway absolute, and the 'presumed to support' shortcut is a fabricated rule — FRE 103(a)(2) does not create such a presumption. The deciding question is which Yes-reason names the actual rule.
17715_motorcycle_restoration · EVIDENCE · Choice BNo, because an offer of proof must always use a sworn question-and-answer format.
Why it's attractive
The word 'always' is a tiered-absolute giveaway. FRE 103(c) permits Q&A form; it does not require it. Question is substance, not form.
Why it's wrong
The word 'always' is a tiered-absolute giveaway. FRE 103(c) permits Q&A form; it does not require it. Question is substance, not form.
17715_motorcycle_restoration · EVIDENCE · Choice CNo, because only documentary evidence can be preserved without a formal offer.
Why it's attractive
The word 'only' narrows the context exception to one evidence category. The rule applies to all evidence, not just documentary.
Why it's wrong
The word 'only' narrows the context exception to one evidence category. The rule applies to all evidence, not just documentary.
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