Foundation
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
- Evidence2
Example wrong choices
22224_retreat-shuttle-bend · EVIDENCE · Choice ANo, because it is possible that accidents occurred that were not reported.
Why it's attractive
It points to a possible weakness in the inference, not to the actual admissibility predicate supplied by the record.
Why it's wrong
It points to a possible weakness in the inference, not to the actual admissibility predicate supplied by the record.
22224_retreat-shuttle-bend · EVIDENCE · Choice BNo, because of the inherent unreliability of negative evidence.
Why it's attractive
It turns caution about this evidence into an absolute ban.
Why it's wrong
It turns caution about this evidence into an absolute ban.
22224_retreat-shuttle-bend · EVIDENCE · Choice DYes, because the court issued a special instruction to the jury regarding the dangers of negative evidence.
Why it's attractive
It cites a courtroom management fact instead of the underlying relevance predicate.
Why it's wrong
It cites a courtroom management fact instead of the underlying relevance predicate.
22236_orchard_wagon_claims_log · EVIDENCE · Choice ANo, because it is possible that some tow-bar failures happened but were never reported to the company.
Why it's attractive
The answer complains that the evidence might be incomplete, but it does not defeat the basic foundation shown in the stem.
Why it's wrong
The answer complains that the evidence might be incomplete, but it does not defeat the basic foundation shown in the stem.
22236_orchard_wagon_claims_log · EVIDENCE · Choice CNo, because negative evidence is inherently unreliable.
Why it's attractive
It states an absolute rule that negative evidence is inherently unreliable.
Why it's wrong
It states an absolute rule that negative evidence is inherently unreliable.
22236_orchard_wagon_claims_log · EVIDENCE · Choice DYes, because the judge gave the jury a special instruction about the uncertainty of negative evidence.
Why it's attractive
The judge's instruction may be true, but it does not supply the doctrine that makes the testimony admissible.
Why it's wrong
The judge's instruction may be true, but it does not supply the doctrine that makes the testimony admissible.
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