Issue Sense Misfit
This trap appears as a wrong-answer choice in 15 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Evidence6
- Contracts4
- CRIMINAL2
- Civil Procedure1
- Constitutional Law1
- Torts1
Example wrong choices
14348_flame_furniture · CONSTITUTIONAL_LAW · Choice Aenforce the Fourteenth Amendment.
Why it's attractive
CUT on party mismatch. The 14A is the wrong tool when the regulated conduct is private.
Why it's wrong
CUT on party mismatch. The 14A is the wrong tool when the regulated conduct is private.
14348_flame_furniture · CONSTITUTIONAL_LAW · Choice Bprovide for the general welfare.
Why it's attractive
CUT on frame mismatch. The General Welfare clause funds programs; it does not directly regulate private commercial conduct.
Why it's wrong
CUT on frame mismatch. The General Welfare clause funds programs; it does not directly regulate private commercial conduct.
14348_flame_furniture · CONSTITUTIONAL_LAW · Choice Dpromote science and the useful arts.
Why it's attractive
CUT on frame mismatch. Art. I, § 8, cl. 8 names a *method* (patents and copyrights); the statute is not an IP grant.
Why it's wrong
CUT on frame mismatch. Art. I, § 8, cl. 8 names a *method* (patents and copyrights); the statute is not an IP grant.
14403_hymnal-collection-visit · CONTRACTS · Choice CMistake.
Why it's attractive
Both parties knew the value gap.
Why it's wrong
Both parties knew the value gap.
14798_fair_alley · EVIDENCE · Choice CNo, unless the entire report is also introduced into evidence.
Why it's attractive
Student thinks completeness cures hearsay. It does not. The inner statement remains out-of-court and offered for the truth; no exception covers it. Adding the surrounding context does not satisfy FRE 805.
Why it's wrong
Student thinks completeness cures hearsay. It does not. The inner statement remains out-of-court and offered for the truth; no exception covers it. Adding the surrounding context does not satisfy FRE 805.
14806_wedding_cake · EVIDENCE · Choice Dinadmissible, if Esther does not testify and her absence is not excused.
Why it's attractive
Unavailability is a hearsay-exception framework (FRE 804); the 'admissions = not hearsay' tiny anchor removes the framework's premises.
Why it's wrong
Unavailability is a hearsay-exception framework (FRE 804); the 'admissions = not hearsay' tiny anchor removes the framework's premises.
15091_debt-collector-dog-breeder · TORTS · Choice ANo, because the debt for the puppy was valid and past due.
Why it's attractive
The call asks about IIED — this choice answers whether the debt is valid, which is a different question.
Why it's wrong
The call asks about IIED — this choice answers whether the debt is valid, which is a different question.
17007_contract-rights-assign-discharge · CONTRACTS · Choice AThe contract between Paul and Silas contained language that stated, "This contract may not be modified except by a writing signed by both parties."
Why it's wrong
Choice A is not the credited answer for this item.
17194_wedding_album · EVIDENCE · Choice DExclude only the dollar check but admit the percentage-of-fault statement for liability.
Why it's attractive
There is no doctrine that lets a court peel factual content out of a protected negotiation context. The C3 student who reads FRE 408(a)(2) holistically can CUT this.
Why it's wrong
There is no doctrine that lets a court peel factual content out of a protected negotiation context. The C3 student who reads FRE 408(a)(2) holistically can CUT this.
17955_pottery-sale · EVIDENCE · Choice DOverrule the objection because careless people are less likely to observe accurately.
Why it's attractive
The evidence was offered to attack character, not perception; this choice reframes the issue
Why it's wrong
The evidence was offered to attack character, not perception; this choice reframes the issue
18060_tutor_barnabas · CIVIL_PROCEDURE · Choice DDeny it only if the plaintiff establishes minimum contacts between the defendant and the forum.
Why it's attractive
The choice frames the issue around minimum contacts. But the call asks how the court should rule on the defense — a procedural question. Minimum contacts is the merits analysis that comes only if the defense is preserved.
Why it's wrong
The choice frames the issue around minimum contacts. But the call asks how the court should rule on the defense — a procedural question. Minimum contacts is the merits analysis that comes only if the defense is preserved.
19155_midnight-shed-break-in · CRIMINAL · Choice DNo, because the homeowner voluntarily chased Esther.
Why it's attractive
The homeowner's decision to chase is a foreseeable response to burglary. Whether the chase was 'voluntary' has no bearing on whether the felony transaction was ongoing. This reason does not answer the call.
Why it's wrong
The homeowner's decision to chase is a foreseeable response to burglary. Whether the chase was 'voluntary' has no bearing on whether the felony transaction was ongoing. This reason does not answer the call.
19506_mercy_tables_requirements · CONTRACTS · Choice CMartha, because a sharp rise in the commodities index alone does not excuse a seller from a requirements contract.
Why it's wrong
Choice C is not the credited answer for this item.
22211_lydia-purple-cloth · EVIDENCE · Choice BA present recollection refreshed.
Why it's attractive
FRE 612 lets a witness testify from refreshed memory; the document is not admitted as an exhibit
Why it's wrong
FRE 612 lets a witness testify from refreshed memory; the document is not admitted as an exhibit
22212_timothy-trade-usage · EVIDENCE · Choice DNo, because it is evidence of business habit.
Why it's attractive
Business habit (FRE 406) is about a particular entity's routine practice; Lydia describes trade-wide meaning, not her workshop's custom
Why it's wrong
Business habit (FRE 406) is about a particular entity's routine practice; Lydia describes trade-wide meaning, not her workshop's custom
22384_choir-camp-tuning-fork · CRIMINAL · Choice BYes, because theft of the tuning fork from the defendant's tote bag was foreseeable.
Why it's attractive
Imports a later-causation frame the offense does not use.
Why it's wrong
Imports a later-causation frame the offense does not use.
22384_choir-camp-tuning-fork · CRIMINAL · Choice DNo, because theft of the tuning fork from the defendant's tote bag was a superseding cause.
Why it's attractive
Also chases the later theft rather than the defendant's original intent.
Why it's wrong
Also chases the later theft rather than the defendant's original intent.
22416_martha_kitchen_meals · CONTRACTS · Choice BA preliminary invitation to deal, similar to a bulletin announcement seeking additional volunteers for a one-time work day.
Why it's wrong
Choice B is not the credited answer for this item.
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