ArchitectureObserved in bank

Flat Misstatement

This trap appears as a wrong-answer choice in 418 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

CRIMINAL123
Evidence75
Real Property71
Contracts43
Civil Procedure36
Constitutional Law36
Torts21
Criminal Law13

Example wrong choices

first 20

14014_scripture_cart_jury_poll · CIVIL_PROCEDURE · Choice CNo, because a federal judge may not poll the jurors on the judge's own initiative.
Why it's attractive
The answer attacks the judge's power to poll without a request.
Why it's wrong
The answer attacks the judge's power to poll without a request.
14062_stephens-orchard-late-changed-charge · CIVIL_PROCEDURE · Choice BNo, because Stephen's objection was untimely, and any alleged error would have been upheld under the "clearly erroneous" standard of review.
Why it's attractive
Pairs the same false 'untimely' premise with an appellate buzzword; the 'clearly erroneous' label is the tell.
Why it's wrong
Pairs the same false 'untimely' premise with an appellate buzzword; the 'clearly erroneous' label is the tell.
14071_threshing-sledge-patent · CIVIL_PROCEDURE · Choice BThe judgment cannot stand because the Seventh Amendment does not apply to patent infringement suits seeking money damages.
Why it's attractive
Says the jury right does NOT reach a money-damages action; that is the opposite of the rule.
Why it's wrong
Says the jury right does NOT reach a money-damages action; that is the opposite of the rule.
14090_federal_military_property_duty_defense · CIVIL_PROCEDURE · Choice ANo, because the Erie decision ended the use of federal common law in diversity cases.
Why it's wrong
Choice A is not the credited answer for this item.
14132_lydia_vineyard_smj · CIVIL_PROCEDURE · Choice CNo, because Lydia's lawyer has no option but to continue with the trial.
Why it's attractive
Choice says the lawyer must continue, but the stem has just revealed a jurisdiction defect.
Why it's wrong
Choice says the lawyer must continue, but the stem has just revealed a jurisdiction defect.
14148_vineyard-sanctions · CIVIL_PROCEDURE · Choice DYes, because Hannah had no good-faith basis for her claim under any existing law at the time of filing.
Why it's attractive
CUT: stem explicitly says the law was 'unresolved'; D flatly contradicts this stated fact
Why it's wrong
CUT: stem explicitly says the law was 'unresolved'; D flatly contradicts this stated fact
14150_livestock_trailer_rancher · CIVIL_PROCEDURE · Choice AYes, because the manufacturer and service center were misjoined and dismissal is the proper remedy.
Why it's wrong
Choice A is not the credited answer for this item.
14205_fellowship_hall · CIVIL_PROCEDURE · Choice BNo, because it does not state that an actual judgment was entered.
Why it's wrong
Choice B is not the credited answer for this item.
14208_women_of_the_word · CIVIL_PROCEDURE · Choice AYes, because Esther's attorney mailed notice to Lydia.
Why it's wrong
Choice A is not the credited answer for this item.
14216_retreat_shuttle · CIVIL_PROCEDURE · Choice CYes. Lydia will be precluded from relitigating whether Barnabas negligently backed into the tent.
Why it's attractive
It treats an ambiguous general verdict as a clear decision against a later nonparty.
Why it's wrong
It treats an ambiguous general verdict as a clear decision against a later nonparty.
14222_piano_tutor_counterclaim_default · CIVIL_PROCEDURE · Choice CNo, because Peter still had time to answer the counterclaim.
Why it's attractive
Four weeks is more than 21 days after service.
Why it's wrong
Four weeks is more than 21 days after service.
14227_priscilla_treasurer · CONSTITUTIONAL_LAW · Choice APriscilla must demonstrate that the statute is not rationally related to a legitimate state interest.
Why it's wrong
Choice A is not the credited answer for this item.
14231_hymn-trailer-premium · CONSTITUTIONAL_LAW · Choice DYes, because charging a higher premium based on a customer's residential area is inherently discriminatory.
Why it's attractive
D treats unfair private pricing as automatically constitutional discrimination.
Why it's wrong
D treats unfair private pricing as automatically constitutional discrimination.
14234_barnabas-house · CONSTITUTIONAL_LAW · Choice CBecause housing is a fundamental right, the commission must prove that the denial is necessary to serve a compelling governmental interest.
Why it's attractive
Choice depends on a Gold Key the doctrine rejects.
Why it's wrong
Choice depends on a Gold Key the doctrine rejects.
14234_barnabas-house · CONSTITUTIONAL_LAW · Choice DBecause the commission's action invidiously discriminates against a suspect class, the commission must prove that the denial is necessary to serve a compelling governmental interest.
Why it's attractive
Choice uses suspect-class label without a recognized suspect classification in the stem.
Why it's wrong
Choice uses suspect-class label without a recognized suspect classification in the stem.
14248_lydia_clay_reclamation · CONSTITUTIONAL_LAW · Choice DLydia's Workshop should prevail on its claim for expected profits, but not on its claim for the equipment costs.
Why it's attractive
It treats expected profits as the taken property even though the stem's retained-use facts point away from compensation.
Why it's wrong
It treats expected profits as the taken property even though the stem's retained-use facts point away from compensation.
14286_human-cannonball-barnabas · CONSTITUTIONAL_LAW · Choice Dhold against the performer, because under the First and Fourteenth Amendments news broadcasts are absolutely privileged.
Why it's attractive
Constitutional privileges for the press are never absolute. 'Always/never/only' formulations are structural red flags.
Why it's wrong
Constitutional privileges for the press are never absolute. 'Always/never/only' formulations are structural red flags.
14287_psalm_choir_teacher_license · CONSTITUTIONAL_LAW · Choice ANo, because the Constitution does not apply to state professional licensing.
Why it's attractive
The state education board is the actor. That visible state actor makes the First Amendment relevant.
Why it's wrong
The state education board is the actor. That visible state actor makes the First Amendment relevant.
14287_psalm_choir_teacher_license · CONSTITUTIONAL_LAW · Choice CNo, because membership in a subversive organization counts as endorsement of the group's illegal activities.
Why it's attractive
The stem gives no fact that Lydia intended to further illegal aims.
Why it's wrong
The stem gives no fact that Lydia intended to further illegal aims.
14311_psalm_slides_field_kit · CONSTITUTIONAL_LAW · Choice DNo, because taxing the personal-use value of equipment furnished by the federal government is a tax on the United States.
Why it's attractive
Federal ownership of the kit does not itself make an employee-income tax a tax on the United States.
Why it's wrong
Federal ownership of the kit does not itself make an employee-income tax a tax on the United States.

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