Misstated Rule
This trap appears as a wrong-answer choice in 51 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
- CRIMINAL28
- Evidence9
- Real Property7
- Contracts3
- Civil Procedure2
- Constitutional Law1
- Torts1
Example wrong choices
first 2014068_retreat_canoe · CIVIL_PROCEDURE · Choice DNo, Paul does not have a right to a jury trial as to any claim because none of them bear exclusively upon equitable relief.
Why it's attractive
The phrase 'exclusively upon equitable relief' sounds technical and law-like.
Why it's wrong
CUT: the reason points the wrong way.
14148_vineyard-sanctions · CIVIL_PROCEDURE · Choice BYes, because Hannah's complaint did not make it apparent on its face that the legal theory was supported by existing law or a nonfrivolous argument for extending it.
Why it's attractive
Requires Gold Key: Rule 11 does not require complaint to affirmatively display legal basis on face; certification is implicit in signature
Why it's wrong
Requires Gold Key: Rule 11 does not require complaint to affirmatively display legal basis on face; certification is implicit in signature
14660_tent-revival-kerosene · CRIMINAL · Choice AMurder in the second degree.
Why it's attractive
Common law murder (depraved heart / malice aforethought) requires a predicate unlawful act or omission under a legal duty. Hannah committed no act and had no legal duty. The 'murder at common law' label cannot attach to an omission without a prior legal duty.
Why it's wrong
Common law murder (depraved heart / malice aforethought) requires a predicate unlawful act or omission under a legal duty. Hannah committed no act and had no legal duty. The 'murder at common law' label cannot attach to an omission without a prior legal duty.
14726_lantern_retreat · CRIMINAL · Choice ANo, because murder requires a specific intent to kill and there is insufficient evidence that the eight members intended Daniel's death.
Why it's attractive
The choice says all murder needs specific intent to kill.
Why it's wrong
The choice says all murder needs specific intent to kill.
14772_fishing_vessel_log · EVIDENCE · Choice DInadmissible, because Daniel has not been missing for more than seven years.
Why it's attractive
No rule makes the duration of disappearance a precondition for hearsay admissibility. This invents a legal threshold.
Why it's wrong
No rule makes the duration of disappearance a precondition for hearsay admissibility. This invents a legal threshold.
14829_daniel_retreat_supply_room_confession · EVIDENCE · Choice AThe court may grant or deny the request, because preliminary admissibility hearings are generally within the court's discretion as to whether the jury hears them.
Why it's attractive
The answer treats the hearing as generic even though the stem says confession.
Why it's wrong
The answer treats the hearing as generic even though the stem says confession.
14829_daniel_retreat_supply_room_confession · EVIDENCE · Choice BThe court should deny the request and admit the statement, because Daniel's own statement offered against him is an opposing-party statement.
Why it's attractive
The answer talks about hearsay status but skips the Miranda hearing request.
Why it's wrong
The answer talks about hearsay status but skips the Miranda hearing request.
14829_daniel_retreat_supply_room_confession · EVIDENCE · Choice DThe court should deny the request and rule the statement inadmissible, because only signed confessions may be used in criminal trials.
Why it's attractive
The answer invents a signature requirement.
Why it's wrong
The answer invents a signature requirement.
14834_orchard-dying-declaration · EVIDENCE · Choice Da question of weight and credibility for the jury, and the jury must not consider the affidavit.
Why it's attractive
stacks the two visible errors; lowest pull
Why it's wrong
stacks the two visible errors; lowest pull
15012 · REAL_PROPERTY · Choice Athe owner of Building 1, because the owner of Building 2 has no rights in the stairway.
Why it's attractive
A says deed silence means no stairway rights. The anchor tells the student that an easement can be implied even when the deed is silent.
Why it's wrong
A says deed silence means no stairway rights. The anchor tells the student that an easement can be implied even when the deed is silent.
15014 · REAL_PROPERTY · Choice Binvalid, because it conflicts with the applicable zoning code.
Why it's attractive
The stem says zoning authorizes the farmer's plan; it does not say zoning requires the plan. A stricter private restriction can coexist with more permissive zoning.
Why it's wrong
The stem says zoning authorizes the farmer's plan; it does not say zoning requires the plan. A stricter private restriction can coexist with more permissive zoning.
15015_advent_lantern · REAL_PROPERTY · Choice AEsther, because a personal representative may remove only trade fixtures from real property.
Why it's attractive
The word only adds a restriction the taught Gold Key does not contain.
Why it's wrong
The word only adds a restriction the taught Gold Key does not contain.
15015_advent_lantern · REAL_PROPERTY · Choice CEsther, because the Advent lantern could not be legally removed after Martha died.
Why it's attractive
The choice reverses the taught timing rule by treating death as an instant cutoff.
Why it's wrong
The choice reverses the taught timing rule by treating death as an instant cutoff.
15023 · REAL_PROPERTY · Choice Cthe neighbor, because Lots 1 and 2 are urban land, as distinguished from rural land and, therefore, under the circumstances the landowner had the duty to protect any improvements on Lot 1.
Why it's attractive
The choice changes the test to urban versus rural land and a duty to protect improvements. That is not the lateral-support rule.
Why it's wrong
The choice changes the test to urban versus rural land and a duty to protect improvements. That is not the lateral-support rule.
15100_naomi-pickup · TORTS · Choice A$3,000.
Why it's wrong
Choice A is not the credited answer for this item.
15100_naomi-pickup · TORTS · Choice B$3,000 plus damages for the loss of the use of the truck during its repair.
Why it's wrong
Choice B is not the credited answer for this item.
15100_naomi-pickup · TORTS · Choice DNothing, because Naomi was not negligent.
Why it's wrong
Choice D is not the credited answer for this item.
16036_farm-homecoming-manslaughter · CRIMINAL · Choice BNot guilty, because the killing of Stephen was deliberate and premeditated.
Why it's attractive
Reads 'deliberate and premeditated' from the first-degree murder statute and reasons: premeditated → murder → NOT manslaughter. Reverses the murder/manslaughter relationship. Needs lesser-included offense anchor to cut.
Why it's wrong
Reads 'deliberate and premeditated' from the first-degree murder statute and reasons: premeditated → murder → NOT manslaughter. Reverses the murder/manslaughter relationship. Needs lesser-included offense anchor to cut.
16061_retreat_lake_unlicensed_boat · CRIMINAL · Choice BYes, because operating a boat while intoxicated is a dangerous act.
Why it's attractive
It answers a dangerous-intoxication question the stem does not ask.
Why it's wrong
It answers a dangerous-intoxication question the stem does not ask.
16061_retreat_lake_unlicensed_boat · CRIMINAL · Choice CYes, because Timothy knew or should have known that operating a boat without a license could result in loss of life.
Why it's attractive
It adds a knew-or-should-have-known death-risk element not in the statute.
Why it's wrong
It adds a knew-or-should-have-known death-risk element not in the statute.
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Practice questions using this trap →