Judge Jury Split
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
17134_church_picnic_lantern · EVIDENCE · Choice AOverrule it only if the judge personally believes Martha's identification is accurate.
Why it's attractive
It makes admissibility depend on the judge's personal belief instead of whether a finding of perception is supported.
Why it's wrong
It makes admissibility depend on the judge's personal belief instead of whether a finding of perception is supported.
17134_church_picnic_lantern · EVIDENCE · Choice BSustain it unless Timothy corroborates Martha's testimony.
Why it's attractive
It requires another witness even though the call asks only whether Martha's own foundation is enough.
Why it's wrong
It requires another witness even though the call asks only whether Martha's own foundation is enough.
17134_church_picnic_lantern · EVIDENCE · Choice DSustain it because Martha must be certain before she may testify.
Why it's attractive
It treats uncertainty as automatic exclusion even though FRE 602 uses a support-a-finding threshold.
Why it's wrong
It treats uncertainty as automatic exclusion even though FRE 602 uses a support-a-finding threshold.
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