Overclaim
This trap appears as a wrong-answer choice in 2 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
- Constitutional Law1
- Evidence1
Example wrong choices
14321_grace_harbor_sanctuary_candles · CONSTITUTIONAL_LAW · Choice AThe economic impact of this tax will be passed on to both in-state and out-of-state church purchasers of the candles and, therefore, it is wholly nondiscriminatory in its effect.
Why it's wrong
Choice A is not the credited answer for this item.
14321_grace_harbor_sanctuary_candles · CONSTITUTIONAL_LAW · Choice BA tax on the manufacturer of sanctuary candles may be imposed only by the state in which the manufacturing occurs and, therefore, it is not likely to create the danger of a multiple tax burden on interstate commerce.
Why it's wrong
Choice B is not the credited answer for this item.
14321_grace_harbor_sanctuary_candles · CONSTITUTIONAL_LAW · Choice CAt the time the sanctuary candles are manufactured and taxed they have not yet entered the channels of interstate commerce.
Why it's wrong
Choice C is not the credited answer for this item.
19400_christian-veterinarian-spay · EVIDENCE · Choice ANo, because once the court is satisfied that a witness is qualified as an expert on diseases and injuries of the relevant type, further qualification evidence is unnecessary.
Why it's attractive
Overclaim: 'unnecessary' proves too much. Court's gatekeeping ≠ jury's credibility task.
Why it's wrong
Overclaim: 'unnecessary' proves too much. Court's gatekeeping ≠ jury's credibility task.
19400_christian-veterinarian-spay · EVIDENCE · Choice BNo, because the opposing party's concession that the witness is an expert removes the issue from the case.
Why it's attractive
Overclaim: concession resolves the formal dispute, not the jury's need to hear qualifications.
Why it's wrong
Overclaim: concession resolves the formal dispute, not the jury's need to hear qualifications.
19400_christian-veterinarian-spay · EVIDENCE · Choice DYes, because the court must independently verify a witness's expertise and cannot allow the matter to be resolved by stipulation of the parties.
Why it's attractive
Misfit: misstates the court's relationship to stipulations. Court *may* accept stipulation.
Why it's wrong
Misfit: misstates the court's relationship to stipulations. Court *may* accept stipulation.
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