Overclaim Absolute
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
- Evidence2
Example wrong choices
17955_pottery-sale · EVIDENCE · Choice ASustain the objection only if Hannah first testified that she is peaceful.
Why it's attractive
The choice makes admissibility turn on a condition (Hannah testifying she is peaceful) that does not govern the initial admissibility of reputation evidence under 608(a)
Why it's wrong
The choice makes admissibility turn on a condition (Hannah testifying she is peaceful) that does not govern the initial admissibility of reputation evidence under 608(a)
17955_pottery-sale · EVIDENCE · Choice BOverrule the objection because any negative character trait may be used to attack credibility.
Why it's attractive
The word 'any' is an absolute overclaim; 608(a) limits impeachment to truthfulness, not all negative traits
Why it's wrong
The word 'any' is an absolute overclaim; 608(a) limits impeachment to truthfulness, not all negative traits
17955_pottery-sale · EVIDENCE · Choice DOverrule the objection because careless people are less likely to observe accurately.
Why it's attractive
The evidence was offered to attack character, not perception; this choice reframes the issue
Why it's wrong
The evidence was offered to attack character, not perception; this choice reframes the issue
22221_guardian_consultation · EVIDENCE · Choice AYes, because the court's appointment of Hannah as Nora's legal guardian made Hannah's presence at the consultation necessary.
Why it's wrong
Choice A is not the credited answer for this item.
22221_guardian_consultation · EVIDENCE · Choice BNo, because David never agreed to represent Nora and Hannah.
Why it's wrong
Choice B is not the credited answer for this item.
22221_guardian_consultation · EVIDENCE · Choice DNo, because Nora and Hannah are co-defendants in the action.
Why it's wrong
Choice D is not the credited answer for this item.
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