Tiered Absolute Overclaim
This trap appears as a wrong-answer choice in 3 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
- Torts2
- Constitutional Law1
Example wrong choices
17163_permit_fee_ledger · CONSTITUTIONAL_LAW · Choice AStrict scrutiny applies, because permit fees burden travel within the state.
Why it's attractive
Strict scrutiny is reserved for fundamental rights and suspect classifications; a $75 permit fee is neither.
Why it's wrong
Strict scrutiny is reserved for fundamental rights and suspect classifications; a $75 permit fee is neither.
17163_permit_fee_ledger · CONSTITUTIONAL_LAW · Choice BThe clerk must receive a hearing before the applicant can sue.
Why it's attractive
The call asks about the applicant's due process rights, not the clerk's employment process.
Why it's wrong
The call asks about the applicant's due process rights, not the clerk's employment process.
17163_permit_fee_ledger · CONSTITUTIONAL_LAW · Choice DEvery property loss by a state employee is a due process violation.
Why it's attractive
The Due Process Clause targets wrongful state action, not every careless loss. Visible from the stem: 'accidentally dropped' is paradigmatic negligence.
Why it's wrong
The Due Process Clause targets wrongful state action, not every careless loss. Visible from the stem: 'accidentally dropped' is paradigmatic negligence.
17289_foundation_paneling · TORTS · Choice ANo, because the buyer's damages are economic.
Why it's attractive
Fraud is a recognized business tort; economic damages are exactly what it compensates.
Why it's wrong
Fraud is a recognized business tort; economic damages are exactly what it compensates.
17289_foundation_paneling · TORTS · Choice CYes, because every defect in sold property is fraud.
Why it's attractive
Fraud requires the specific elements; not every property defect satisfies all of them.
Why it's wrong
Fraud requires the specific elements; not every property defect satisfies all of them.
17289_foundation_paneling · TORTS · Choice DNo, because fraud can never be based on concealment.
Why it's attractive
Active concealment of a known material defect, plus an affirmative misstatement, is actionable. The misstatement alone satisfies falsity.
Why it's wrong
Active concealment of a known material defect, plus an affirmative misstatement, is actionable. The misstatement alone satisfies falsity.
17857_living_nativity_carver · TORTS · Choice BYes, because any expected annual commission is tortious interference.
Why it's attractive
The 'any' overclaims; the rule requires improper means or an existing contract, not just any lost expectancy.
Why it's wrong
The 'any' overclaims; the rule requires improper means or an existing contract, not just any lost expectancy.
17857_living_nativity_carver · TORTS · Choice CYes, because the competition privilege applies only to existing contracts.
Why it's attractive
The privilege applies to competition for prospective business, including the renewal-type relationship; it is not limited to existing contracts.
Why it's wrong
The privilege applies to competition for prospective business, including the renewal-type relationship; it is not limited to existing contracts.
17857_living_nativity_carver · TORTS · Choice DNo, because business expectancies are never protected.
Why it's attractive
The 'never' overclaims; business expectancies can be protected when interference is by improper means or with an existing contract.
Why it's wrong
The 'never' overclaims; business expectancies can be protected when interference is by improper means or with an existing contract.
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