Preliminary Hearings Are Always Discretionary
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
- Evidence1
Example wrong choices
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.
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