Invented Safe Harbor
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
17006_barnabas-boatworks · CIVIL_PROCEDURE · Choice ANo, because the company moved to dismiss before the close of discovery and thus raised the jurisdictional challenge at the earliest practicable opportunity.
Why it's attractive
Hangs the result on 'before discovery closed' — a milestone the call never tied to jurisdiction.
Why it's wrong
Hangs the result on 'before discovery closed' — a milestone the call never tied to jurisdiction.
17006_barnabas-boatworks · CIVIL_PROCEDURE · Choice BNo, because the answer's reservation of 'all defenses, including any defenses relating to jurisdiction' preserved the personal-jurisdiction objection for as long as the case remained pending.
Why it's attractive
'For as long as the case remained pending' rests the whole outcome on one talismanic phrase and ignores later conduct.
Why it's wrong
'For as long as the case remained pending' rests the whole outcome on one talismanic phrase and ignores later conduct.
17006_barnabas-boatworks · CIVIL_PROCEDURE · Choice CYes, because by producing documents and taking depositions the company made a general appearance, which waives any personal-jurisdiction defense.
Why it's attractive
Reaches the correct 'Yes' but via a per-se rule; between two 'Yes' choices the automatic one is the trap.
Why it's wrong
Reaches the correct 'Yes' but via a per-se rule; between two 'Yes' choices the automatic one is the trap.
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