Informal Esi Not Discoverable
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
- Civil Procedure1
Example wrong choices
19286_five_loaves_press · CIVIL_PROCEDURE · Choice AThe court must instruct the jury that the missing project-board notes were unfavorable to Five Loaves Press.
Why it's attractive
A student sees lost notes and wants the jury to assume the worst. The breaker is the missing intent gate for unfavorable-inference sanctions.
Why it's wrong
This applies an intent-based jury-inference sanction when the stem gives prejudice but no intent.
Spot it next time
Ask: prejudice-only track or intent-based track?
19286_five_loaves_press · CIVIL_PROCEDURE · Choice BThe court may do nothing because electronically stored project-board notes are not discoverable.
Why it's attractive
A student may treat electronic project-board notes as informal and outside discovery. The breaker is that the answer invents a categorical ESI exclusion.
Why it's wrong
This fabricates a categorical rule that electronic project-board notes are not discoverable.
Spot it next time
Treat broad 'not discoverable' statements as suspect unless a named rule supports them.
19286_five_loaves_press · CIVIL_PROCEDURE · Choice DThe court must enter a case-ending sanction whenever any electronically stored information is lost.
Why it's attractive
A student may think spoliation always deserves the harshest punishment. The breaker is the automatic wording: must, whenever any.
Why it's wrong
This makes a case-ending sanction automatic whenever any ESI is lost.
Spot it next time
Replace automatic punishment with calibrated sanction ladder.
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