Judge Scheduling Is Absolute
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
17098_barnabas_copyright_bench · EVIDENCE · Choice BThe exclusion is automatically proper because the trial is to the judge rather than a jury.
Why it's attractive
Bench vs. jury trial governs who finds facts, not whether a party may present material evidence. FRE 611(a) applies in both. This choice invokes a distinction the rule does not recognize.
Why it's wrong
Bench vs. jury trial governs who finds facts, not whether a party may present material evidence. FRE 611(a) applies in both. This choice invokes a distinction the rule does not recognize.
17098_barnabas_copyright_bench · EVIDENCE · Choice CThe exclusion is proper unless Barnabas proves that Lydia's testimony would be uncontested.
Why it's attractive
No rule places the burden on the offering party to prove testimony is uncontested before challenging an exclusion. If anything, heavily contested damages testimony is exactly what FRE 611(a) protects from arbitrary exclusion.
Why it's wrong
No rule places the burden on the offering party to prove testimony is uncontested before challenging an exclusion. If anything, heavily contested damages testimony is exactly what FRE 611(a) protects from arbitrary exclusion.
17098_barnabas_copyright_bench · EVIDENCE · Choice DThe exclusion is automatically proper because the judge has unlimited control over the trial schedule.
Why it's attractive
FRE 611(a) says 'reasonable control' — not unlimited control. 'Automatically proper' because of 'unlimited' authority contradicts the rule's express text. The Gold Key provides the exact word that defeats this choice: 'reasonable.'
Why it's wrong
FRE 611(a) says 'reasonable control' — not unlimited control. 'Automatically proper' because of 'unlimited' authority contradicts the rule's express text. The Gold Key provides the exact word that defeats this choice: 'reasonable.'
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