Frame Shift
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
- Torts1
Example wrong choices
18784_fellowship_lot_used_car · TORTS · Choice AFraud never applies to private sales between acquaintances.
Why it's attractive
The word 'never' is the visible overclaim marker. Fraud applies in every commercial context where the elements are met; the acquaintance status is irrelevant.
Why it's wrong
The word 'never' is the visible overclaim marker. Fraud applies in every commercial context where the elements are met; the acquaintance status is irrelevant.
18784_fellowship_lot_used_car · TORTS · Choice BRuth wins because reliance is presumed whenever a seller speaks.
Why it's attractive
The word 'presumed' is the visible overclaim marker. Reliance is an affirmative element the plaintiff must prove, and reasonable-reliance inquiry is required in every fraud claim.
Why it's wrong
The word 'presumed' is the visible overclaim marker. Reliance is an affirmative element the plaintiff must prove, and reasonable-reliance inquiry is required in every fraud claim.
18784_fellowship_lot_used_car · TORTS · Choice DDaniel's oral assurance was automatically incorporated into the bill of sale.
Why it's attractive
The call is in tort (fraud defense); the choice is in contract (parol evidence / contract integration). The choice answers a different question than the one asked.
Why it's wrong
The call is in tort (fraud defense); the choice is in contract (parol evidence / contract integration). The choice answers a different question than the one asked.
18811_elevator_access_class · CIVIL_PROCEDURE · Choice ANo class can be certified, because each student uses the elevator at different times of day.
Why it's attractive
The call is 'which Rule 23(b) category is the most natural fit?' The choice refuses the call entirely — it answers 'no class can be certified,' which is a different question (can a class exist at all?).
Why it's wrong
The call is 'which Rule 23(b) category is the most natural fit?' The choice refuses the call entirely — it answers 'no class can be certified,' which is a different question (can a class exist at all?).
18811_elevator_access_class · CIVIL_PROCEDURE · Choice BRule 23(b)(1) only, because a judgment about one student could influence the university's conduct toward the others.
Why it's attractive
Rule 23(b)(1) covers mandatory classes where separate actions would risk inconsistent adjudications or impairment of absent members' interests. The dormitory-access claim fits neither prong. The 'could influence the university's conduct' framing is a half-truth that gestures at the right area but picks the wrong subsection.
Why it's wrong
Rule 23(b)(1) covers mandatory classes where separate actions would risk inconsistent adjudications or impairment of absent members' interests. The dormitory-access claim fits neither prong. The 'could influence the university's conduct' framing is a half-truth that gestures at the right area but picks the wrong subsection.
18811_elevator_access_class · CIVIL_PROCEDURE · Choice DRule 23(b)(3), because every class action involving many people must satisfy predominance and superiority.
Why it's attractive
The word 'every' is the visible overclaim marker. Rule 23(b)(2) is a separate category that does not require predominance or superiority. The dominant trap.
Why it's wrong
The word 'every' is the visible overclaim marker. Rule 23(b)(2) is a separate category that does not require predominance or superiority. The dominant trap.
Practice the questions that use this trap as a distractor and get full Wrong Answer Forensics on submit.
Practice questions using this trap →