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Holder Inversion On Clergy Penitent

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

  • 17377_transcript_confession · EVIDENCE · Choice BOverrule the objection, because the clergy member's willingness always defeats the privilege.

    Why it's attractive

    'Always' is a tiered-absolute red flag. The privilege is held by the penitent; a willing clergy does not waive it. Cut.

    Why it's wrong

    'Always' is a tiered-absolute red flag. The privilege is held by the penitent; a willing clergy does not waive it. Cut.

  • 17377_transcript_confession · EVIDENCE · Choice COverrule the objection, because privilege belongs only to the clergy member.

    Why it's attractive

    Always name the protected party. The privilege protects the *penitent's* confidential communication; the clergy is a *recipient*, not the holder. Cut.

    Why it's wrong

    Always name the protected party. The privilege protects the *penitent's* confidential communication; the clergy is a *recipient*, not the holder. Cut.

  • 17377_transcript_confession · EVIDENCE · Choice DSustain the objection only if Pastor Peter's denomination requires secrecy.

    Why it's attractive

    Privileges are matters of *law*, not religious policy. Adding a denominational-secrecy condition imports a fact the legal test does not require. Cut.

    Why it's wrong

    Privileges are matters of *law*, not religious policy. Adding a denominational-secrecy condition imports a fact the legal test does not require. Cut.

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