Jury Instruction Proves Admissibility
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
22224_retreat-shuttle-bend · EVIDENCE · Choice ANo, because it is possible that accidents occurred that were not reported.
Why it's attractive
It points to a possible weakness in the inference, not to the actual admissibility predicate supplied by the record.
Why it's wrong
It points to a possible weakness in the inference, not to the actual admissibility predicate supplied by the record.
22224_retreat-shuttle-bend · EVIDENCE · Choice BNo, because of the inherent unreliability of negative evidence.
Why it's attractive
It turns caution about this evidence into an absolute ban.
Why it's wrong
It turns caution about this evidence into an absolute ban.
22224_retreat-shuttle-bend · EVIDENCE · Choice DYes, because the court issued a special instruction to the jury regarding the dangers of negative evidence.
Why it's attractive
It cites a courtroom management fact instead of the underlying relevance predicate.
Why it's wrong
It cites a courtroom management fact instead of the underlying relevance predicate.
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