Hearsay Overgeneralization
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
22164_tractor · EVIDENCE · Choice ANo, because evidence that a party is or is not covered by liability insurance is inadmissible to establish fault or freedom from fault.
Why it's attractive
The choice states a true general rule (insurance inadmissible for fault) but the evidence is not being offered to prove fault — it's being offered to counter a false suggestion. The choice does not address the actual purpose of the offer.
Why it's wrong
The choice states a true general rule (insurance inadmissible for fault) but the evidence is not being offered to prove fault — it's being offered to counter a false suggestion. The choice does not address the actual purpose of the offer.
22164_tractor · EVIDENCE · Choice BNo, because the conviction is hearsay not within any exception to the hearsay rule.
Why it's attractive
The choice claims the judgment is hearsay not within any exception. But FRE 803(22) specifically provides a hearsay exception for judgments of conviction. The claim is false on its face.
Why it's wrong
The choice claims the judgment is hearsay not within any exception. But FRE 803(22) specifically provides a hearsay exception for judgments of conviction. The claim is false on its face.
22164_tractor · EVIDENCE · Choice DNo, because the conviction is self-serving.
Why it's attractive
The choice claims the evidence is inadmissible because it is self-serving. There is no such evidentiary rule. Every party's evidence is self-serving by definition.
Why it's wrong
The choice claims the evidence is inadmissible because it is self-serving. There is no such evidentiary rule. Every party's evidence is self-serving by definition.
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