Gate Order Fre 401 Vs 405
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
22146_seminary_dean · EVIDENCE · Choice AAdmissible, because Stephen's character for kindness is at issue in the defamation case.
Why it's attractive
Defamation puts the trait of 'racist vs. not racist' at issue, not kindness or general generosity.
Why it's wrong
Defamation puts the trait of 'racist vs. not racist' at issue, not kindness or general generosity.
22146_seminary_dean · EVIDENCE · Choice BInadmissible, because a single act of generosity is not enough to rebut a character accusation.
Why it's attractive
The cited rule is backwards — FRE 405(b) actually allows specific acts to prove character; the barrier here is relevance, not character method.
Why it's wrong
The cited rule is backwards — FRE 405(b) actually allows specific acts to prove character; the barrier here is relevance, not character method.
22146_seminary_dean · EVIDENCE · Choice CAdmissible, because it shows Stephen supports minority community members.
Why it's attractive
True that he is generous; the donation went to a general fund serving all neighborhoods, not to minority citizens specifically. No knowledge/intent to benefit minorities is visible in the stem.
Why it's wrong
True that he is generous; the donation went to a general fund serving all neighborhoods, not to minority citizens specifically. No knowledge/intent to benefit minorities is visible in the stem.
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