Invented Procedural Requirement
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
22215_farm-equipment-deposition · EVIDENCE · Choice ANo, because Daniel's statement was not challenged during the deposition.
Why it's attractive
FRE 804(b)(1) requires opportunity to examine, not that the opportunity was used to challenge. This choice fabricates a requirement.
Why it's wrong
FRE 804(b)(1) requires opportunity to examine, not that the opportunity was used to challenge. This choice fabricates a requirement.
22215_farm-equipment-deposition · EVIDENCE · Choice BNo, because Daniel's statement is inadmissible hearsay.
Why it's attractive
The statement is hearsay, but the former testimony exception applies. Calling it 'inadmissible hearsay' ignores a valid exception.
Why it's wrong
The statement is hearsay, but the former testimony exception applies. Calling it 'inadmissible hearsay' ignores a valid exception.
22215_farm-equipment-deposition · EVIDENCE · Choice DYes, because Daniel made the statement knowing that he was dying.
Why it's attractive
Daniel was dying, but his statement described the baler, not his death. Dying declaration requires statement about circumstances of declarant's own death.
Why it's wrong
Daniel was dying, but his statement described the baler, not his death. Dying declaration requires statement about circumstances of declarant's own death.
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