Purpose Of Offer
This trap appears as a wrong-answer choice in 4 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
- Evidence4
Example wrong choices
14778_retreat_loading_warning · EVIDENCE · Choice Aadmissible as evidence that Naomi could not keep up with lifting packed hymnals for an entire predawn route.
Why it's attractive
It picks admissible but uses the warning as proof that Naomi lacked capacity.
Why it's wrong
It picks admissible but uses the warning as proof that Naomi lacked capacity.
14778_retreat_loading_warning · EVIDENCE · Choice Binadmissible, because Ruth's warning is hearsay not within any exception.
Why it's attractive
It routes to exceptions before asking whether the statement is offered for truth.
Why it's wrong
It routes to exceptions before asking whether the statement is offered for truth.
14778_retreat_loading_warning · EVIDENCE · Choice Dinadmissible, because Peter's view of Naomi's abilities is not based on personal knowledge.
Why it's attractive
It asks whether Peter saw Naomi's work instead of whether he heard Ruth's warning.
Why it's wrong
It asks whether Peter saw Naomi's work instead of whether he heard Ruth's warning.
14799_fishingboat_picnic · EVIDENCE · Choice BYes, to impeach Stephen and to prove Paul's involvement in the fraud.
Why it's attractive
Clash axis: scope of use. Splitting fact: the oath. Without the oath, FRE 801(d)(1)(A) is not satisfied, so the substantive half collapses.
Why it's wrong
Clash axis: scope of use. Splitting fact: the oath. Without the oath, FRE 801(d)(1)(A) is not satisfied, so the substantive half collapses.
14799_fishingboat_picnic · EVIDENCE · Choice CNo, because a party cannot impeach that party's own witness.
Why it's attractive
Cut. The old common-law voucher rule is abolished by FRE 607; this answer is a flat misstatement of the current federal rule.
Why it's wrong
Cut. The old common-law voucher rule is abolished by FRE 607; this answer is a flat misstatement of the current federal rule.
14799_fishingboat_picnic · EVIDENCE · Choice DNo, because it is hearsay not within any exception.
Why it's attractive
Cut. The dispositive element is purpose of offer, not the existence of an exception. Impeachment is a non-hearsay purpose.
Why it's wrong
Cut. The dispositive element is purpose of offer, not the existence of an exception. Impeachment is a non-hearsay purpose.
14889_mission-flight-relevance · EVIDENCE · Choice Aadmissible as proper evidence of Mary's character.
Why it's wrong
Choice A is not the credited answer for this item.
14889_mission-flight-relevance · EVIDENCE · Choice Binadmissible, because it is substantially more prejudicial than probative.
Why it's wrong
Choice B is not the credited answer for this item.
14889_mission-flight-relevance · EVIDENCE · Choice Dinadmissible, because it is improper to prove character evidence by specific conduct.
Why it's wrong
Choice D is not the credited answer for this item.
19407_scripture_art_burn_clinic · EVIDENCE · Choice AExclude the statement only if an actual disputed claim had already arisen.
Why it's attractive
disputed-claim language points to compromise negotiations, not medical-payment offers
Why it's wrong
disputed-claim language points to compromise negotiations, not medical-payment offers
19407_scripture_art_burn_clinic · EVIDENCE · Choice BAdmit the statement because Rule 409 covers bills the studio actually pays, not promises to pay them.
Why it's attractive
the answer narrows Rule 409 to payments only
Why it's wrong
the answer narrows Rule 409 to payments only
19407_scripture_art_burn_clinic · EVIDENCE · Choice CAdmit the statement because it shows Paul thought the studio was responsible for Timothy's injury.
Why it's attractive
the choice uses the liability inference as the reason to admit
Why it's wrong
the choice uses the liability inference as the reason to admit
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