Federal Merits Bait
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
- Constitutional Law1
Example wrong choices
14294_bible_quiz_uprising · CONSTITUTIONAL_LAW · Choice Aremand the case to the state supreme court with directions that it resolve the First and Fourteenth Amendment free-speech issue that it discussed in such detail.
Why it's attractive
The state court already gave a plain state-law ground; the unresolved federal merits do not need a remand.
Why it's wrong
The state court already gave a plain state-law ground; the unresolved federal merits do not need a remand.
14294_bible_quiz_uprising · CONSTITUTIONAL_LAW · Choice Creverse the decision of the state supreme court, because incitement to imminent crowd violence is not speech protected by the First and Fourteenth Amendments.
Why it's attractive
The choice decides incitement protection instead of Supreme Court jurisdiction.
Why it's wrong
The choice decides incitement protection instead of Supreme Court jurisdiction.
14294_bible_quiz_uprising · CONSTITUTIONAL_LAW · Choice Daffirm the state supreme court's decision, because Peter's heated festival outburst was commonplace hyperbole that cannot, consistently with the First and Fourteenth Amendments, be punished.
Why it's attractive
The state judgment survives, but not because the United States Supreme Court affirms the federal merits.
Why it's wrong
The state judgment survives, but not because the United States Supreme Court affirms the federal merits.
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