Hearsay Exception
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
22217_peter-roof-inspection · EVIDENCE · Choice AThe jury may take the manual with them into the jury room for private study.
Why it's attractive
FRE 803(18) says 'may not be received as an exhibit.' A jury room examination requires the document to function as an exhibit. Direct structural contradiction.
Why it's wrong
FRE 803(18) says 'may not be received as an exhibit.' A jury room examination requires the document to function as an exhibit. Direct structural contradiction.
22217_peter-roof-inspection · EVIDENCE · Choice BThe manual may not be used at trial in any manner.
Why it's attractive
Knowing the document can't be an exhibit, this distractor stretches that real limitation into a total prohibition. But the rule explicitly permits reading passages aloud. 'Not in any manner' contradicts 'may be read into evidence.'
Why it's wrong
Knowing the document can't be an exhibit, this distractor stretches that real limitation into a total prohibition. But the rule explicitly permits reading passages aloud. 'Not in any manner' contradicts 'may be read into evidence.'
22217_peter-roof-inspection · EVIDENCE · Choice DThe manual may be given to the jury to examine in the presence of the judge.
Why it's attractive
This answer sounds procedural and measured — 'in the presence of the judge' — as if judicial supervision solves the hearsay problem. But the rule authorizes only reading aloud, not physical examination of the document by the jury in any setting.
Why it's wrong
This answer sounds procedural and measured — 'in the presence of the judge' — as if judicial supervision solves the hearsay problem. But the rule authorizes only reading aloud, not physical examination of the document by the jury in any setting.
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