Tiered Absolute
This trap appears as a wrong-answer choice in 327 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
- CRIMINAL104
- Evidence49
- Torts38
- Constitutional Law37
- Civil Procedure34
- Contracts29
- Real Property23
- Criminal Law13
Example wrong choices
first 2014068_retreat_canoe · CIVIL_PROCEDURE · Choice ANo, Paul does not have a right to a jury trial as to any claim because the case is essentially equitable because of the request for injunctive relief.
Why it's attractive
Students remember injunctions are equitable and overextend that memory to the whole case.
Why it's wrong
CUT: one equitable remedy cannot swallow the legal damages claim.
14242_lydia_linen_kiosk · CONSTITUTIONAL_LAW · Choice BUnconstitutional, because economic benefits or burdens imposed by legislatures through grandfather provisions have consistently been declared per se violations of the Equal Protection Clause of the Fourteenth Amendment.
Why it's attractive
The absolute phrase 'consistently been declared invalid' is too strong for economic grandfather lines.
Why it's wrong
The absolute phrase 'consistently been declared invalid' is too strong for economic grandfather lines.
14286_human-cannonball-barnabas · CONSTITUTIONAL_LAW · Choice Bhold against the performer, because the First and Fourteenth Amendments authorize press coverage of newsworthy entertainment events.
Why it's attractive
The First Amendment authorizes press coverage of newsworthy events, but that right is not immunity from tort liability. The key distinction: covering news ≠ appropriating the entire commercial value of a performance.
Why it's wrong
The First Amendment authorizes press coverage of newsworthy events, but that right is not immunity from tort liability. The key distinction: covering news ≠ appropriating the entire commercial value of a performance.
14287_psalm_choir_teacher_license · CONSTITUTIONAL_LAW · Choice DYes, because denying a state license based on any association with a subversive organization violates the First Amendment.
Why it's attractive
The word 'any' erases the specific-intent exception.
Why it's wrong
The word 'any' erases the specific-intent exception.
14343_esther_home_fire_readiness · CONSTITUTIONAL_LAW · Choice DYes, because the President has plenary authority to protect the health, safety, and welfare of people in the United States.
Why it's attractive
The word plenary is the overclaim.
Why it's wrong
The word plenary is the overclaim.
14379_psalm_lightshow · CONTRACTS · Choice ANo, because under the four-corners approach the meaning of a completely integrated contract must be determined solely from the writing itself.
Why it's attractive
The word solely makes complete integration absolute and leaves no room for ambiguity.
Why it's wrong
The word solely makes complete integration absolute and leaves no room for ambiguity.
14385_esther_engraver · CONTRACTS · Choice ANo, because the merger clause bars any evidence of the parties' earlier negotiations about the exchange credit.
Why it's attractive
The choice says the merger clause bars any negotiation evidence, without sorting the purpose of the evidence.
Why it's wrong
The choice says the merger clause bars any negotiation evidence, without sorting the purpose of the evidence.
14447_jericho_trumpet_deposit · CONTRACTS · Choice CA promise to make a gift in the future is not enforceable.
Why it's attractive
The absolute deletes the reliance exception taught by the Gold Key.
Why it's wrong
The absolute deletes the reliance exception taught by the Gold Key.
14473_psalm_grove_closing · CONTRACTS · Choice Close, because the parties contracted for the sale and conveyance of a single parcel, and a seller can never sue for breach of that kind of contract before the agreed closing date.
Why it's attractive
C uses the word never and makes the single-parcel fact do too much.
Why it's wrong
C uses the word never and makes the single-parcel fact do too much.
14480_scroll · CONTRACTS · Choice CNo, because the express conditions set out in the reward offer were not met.
Why it's attractive
Anchor-Assisted — this is the dominant trap. The C3-visible fact (magistrate dropped the charges) is the prevention trigger; the doctrine that turns the trigger into excuse (Restatement § 245) is the Gold Key.
Why it's wrong
Anchor-Assisted — this is the dominant trap. The C3-visible fact (magistrate dropped the charges) is the prevention trigger; the doctrine that turns the trigger into excuse (Restatement § 245) is the Gold Key.
14508_riverside_retreat_parcel · CONTRACTS · Choice DYes, because Lydia's repudiation could not be retracted after Stephen received it.
Why it's attractive
The answer says 'could not be retracted after received,' which is broader than the taught rule.
Why it's wrong
The answer says 'could not be retracted after received,' which is broader than the taught rule.
14516_lydia_nativity_sets · CONTRACTS · Choice DNothing, because damages for a lost business opportunity are never recoverable.
Why it's attractive
The word 'never' is too broad.
Why it's wrong
The word 'never' is too broad.
14523_psalm_calligraphy_stipend · CONTRACTS · Choice DNo, because a court will not grant specific performance of a promise to pay money.
Why it's attractive
The phrase 'will not grant' makes a categorical rule out of a remedy that turns on adequacy.
Why it's wrong
The phrase 'will not grant' makes a categorical rule out of a remedy that turns on adequacy.
14525_jonah_fish_escape · CONTRACTS · Choice Daffirmed, because the issue of damages for breach of contract was solely a jury question.
Why it's attractive
The word 'solely' is the tell; damages can have jury fact issues, but legal instructions are reviewable.
Why it's wrong
The word 'solely' is the tell; damages can have jury fact issues, but legal instructions are reviewable.
14530_lantern_courtyard · CONTRACTS · Choice CNominal damages only, because the remedy of specific performance was not available to Ruth.
Why it's attractive
The word 'only' tries to collapse the remedy because specific performance is unavailable.
Why it's wrong
The word 'only' tries to collapse the remedy because specific performance is unavailable.
14551_tent-maker-pledge · CONTRACTS · Choice DYes, because Paul had manifested an intent that Timothy pay the $10,000 directly to Lydia.
Why it's attractive
Intent alone doesn't create an assignment — the writing must effectuate a present transfer
Why it's wrong
Intent alone doesn't create an assignment — the writing must effectuate a present transfer
14563_choir_loft_emergency_sweep · CRIMINAL · Choice AGrant the motion as to both the cocaine and the marijuana.
Why it's attractive
both-items suppression ignores the item seen while officers were lawfully inside.
Why it's wrong
both-items suppression ignores the item seen while officers were lawfully inside.
14563_choir_loft_emergency_sweep · CRIMINAL · Choice BDeny the motion as to both the cocaine and the marijuana.
Why it's attractive
both-items admission ignores the later drawer search.
Why it's wrong
both-items admission ignores the later drawer search.
14565_camp_shed_grand_jury_attachment · CRIMINAL · Choice AYes, because any proceeding after the preliminary hearing would violate double jeopardy.
Why it's attractive
it treats the preliminary hearing as trial finality.
Why it's wrong
it treats the preliminary hearing as trial finality.
14565_camp_shed_grand_jury_attachment · CRIMINAL · Choice CYes, because bringing the case before the second grand jury violated the Double Jeopardy Clause.
Why it's attractive
it treats grand-jury refusal as jeopardy.
Why it's wrong
it treats grand-jury refusal as jeopardy.
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