Hearsay Cannot Be Struck Once Heard
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
17440_arson-warehouse-miriam · EVIDENCE · Choice ADeny the motion because Miriam is the only witness with direct knowledge of Timothy's location that night.
Why it's attractive
The call asks for the best ruling on a motion to strike. Choice A gives a reason (Miriam is the only witness) that has nothing to do with the motion-to-strike analysis. Cut as NOT_RESPONSIVE: right subject area, wrong doctrine.
Why it's wrong
The call asks for the best ruling on a motion to strike. Choice A gives a reason (Miriam is the only witness) that has nothing to do with the motion-to-strike analysis. Cut as NOT_RESPONSIVE: right subject area, wrong doctrine.
17440_arson-warehouse-miriam · EVIDENCE · Choice CGrant the motion because any answer containing hearsay must be completely removed from the record.
Why it's attractive
'Any answer containing hearsay must be completely removed' is a flat misstatement. The targeted-motion rule means only the inadmissible portion goes. Gold Key: the motion must be specific and targeted.
Why it's wrong
'Any answer containing hearsay must be completely removed' is a flat misstatement. The targeted-motion rule means only the inadmissible portion goes. Gold Key: the motion must be specific and targeted.
17440_arson-warehouse-miriam · EVIDENCE · Choice DDeny the motion because hearsay testimony cannot be stricken once the jury has heard it.
Why it's attractive
A timely motion to strike is the exact remedy for inadmissible hearsay that comes in through a witness's answer. The 'once heard, can't be struck' claim is a flat misstatement.
Why it's wrong
A timely motion to strike is the exact remedy for inadmissible hearsay that comes in through a witness's answer. The 'once heard, can't be struck' claim is a flat misstatement.
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