Mistake Of Fact
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
- CRIMINAL1
Example wrong choices
19035_retreat_cottage_handbells · CRIMINAL · Choice BLydia is guilty of burglary because she actually forced open a window, satisfying the breaking element.
Why it's attractive
It proves a breaking fact but ignores the intent requirement.
Why it's wrong
It proves a breaking fact but ignores the intent requirement.
19035_retreat_cottage_handbells · CRIMINAL · Choice CLydia is not guilty of burglary because she lacked the intent to commit a felony inside the dwelling.
Why it's attractive
It states the broad conclusion but does not identify the honest-mistake specific-intent rule.
Why it's wrong
It states the broad conclusion but does not identify the honest-mistake specific-intent rule.
19035_retreat_cottage_handbells · CRIMINAL · Choice DLydia is guilty of burglary because a reasonable person would have realized she was entering the wrong cottage.
Why it's attractive
It swaps honest mistake for a reasonable-person standard.
Why it's wrong
It swaps honest mistake for a reasonable-person standard.
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