Motive Conflation
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
- Constitutional Law1
Example wrong choices
18502_exec-immunity-civil · CONSTITUTIONAL_LAW · Choice AThe former Governor loses immunity if the contractor plausibly alleges the de-prioritization was motivated by personal retaliation.
Why it's attractive
The choice makes motive the test. The rule classifies the act, not the actor's reason.
Why it's wrong
The choice makes motive the test. The rule classifies the act, not the actor's reason.
18502_exec-immunity-civil · CONSTITUTIONAL_LAW · Choice BThe former Governor is immune only if the state legislature expressly authorized the specific bid de-prioritization.
Why it's attractive
The choice adds a requirement (legislative authorization) that the rule does not contain.
Why it's wrong
The choice adds a requirement (legislative authorization) that the rule does not contain.
18502_exec-immunity-civil · CONSTITUTIONAL_LAW · Choice DThe former Governor has no immunity because he is no longer in office.
Why it's attractive
The choice makes current office the test. Immunity attaches to the act, not the actor's current title.
Why it's wrong
The choice makes current office the test. Immunity attaches to the act, not the actor's current title.
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