Jury Must Always Decide
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
19266_carol_banquet_jmol · CIVIL_PROCEDURE · Choice AGrant JMOL only if Lydia proves Daniel filed the complaint in bad faith.
Why it's attractive
The choice borrows a seriousness screen from filing or sanctions language, so it sounds like a gatekeeping standard. The breaker is that the motion targets trial evidence on one element, not the plaintiff's motive for filing.
Why it's wrong
The choice invents a bad-faith filing threshold for a motion that targets evidentiary sufficiency at trial.
Spot it next time
Ask whether the motion attacks filing conduct or trial evidence on the target element.
19266_carol_banquet_jmol · CIVIL_PROCEDURE · Choice BDeny JMOL automatically because any civil case that reaches trial must go to the jury.
Why it's attractive
The choice flatters the jury-trial instinct that once evidence starts, everything belongs to the jury. The breaker is the absolute word automatically, because Rule 50 is the trial tool for legally insufficient evidence.
Why it's wrong
The choice overclaims that any civil case reaching trial must automatically go to the jury.
Spot it next time
Mark automatically and any civil case, then recall that Rule 50 is the evidence gate.
19266_carol_banquet_jmol · CIVIL_PROCEDURE · Choice DDeny JMOL if the judge personally thinks Daniel’s carol banquet is sympathetic.
Why it's attractive
The choice turns a sympathetic Christian event into a reason to keep the case alive. The breaker is that sympathy is not evidence on the targeted element.
Why it's wrong
The choice substitutes sympathy for evidence on the targeted element.
Spot it next time
Ask whether the reason supplies evidence a jury could use.
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