Violation Vs Remedy
This trap appears as a wrong-answer choice in 136 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
- CRIMINAL36
- Contracts30
- Real Property28
- Civil Procedure12
- Constitutional Law9
- Criminal Law9
- Evidence6
- Torts6
Example wrong choices
first 2014014_scripture_cart_jury_poll · CIVIL_PROCEDURE · Choice DYes, because the judge was required to send the jurors back for further deliberations once the poll showed no unanimity.
Why it's attractive
The answer turns one available post-poll remedy into the only remedy.
Why it's wrong
The answer turns one available post-poll remedy into the only remedy.
14071_threshing-sledge-patent · CIVIL_PROCEDURE · Choice AThe judgment cannot stand because it was an error for the court to have appointed alternate jurors.
Why it's attractive
Stem concedes the error but also says alternates never seated/deliberated → no prejudice → not responsive to 'reversal'.
Why it's wrong
Stem concedes the error but also says alternates never seated/deliberated → no prejudice → not responsive to 'reversal'.
14090_federal_military_property_duty_defense · CIVIL_PROCEDURE · Choice BYes, because Ruth's claim is automatically preempted by a federal defense.
Why it's wrong
Choice B is not the credited answer for this item.
14150_livestock_trailer_rancher · CIVIL_PROCEDURE · Choice AYes, because the manufacturer and service center were misjoined and dismissal is the proper remedy.
Why it's wrong
Choice A is not the credited answer for this item.
14205_fellowship_hall · CIVIL_PROCEDURE · Choice CYes, because this is a proper final judgment issued by the court following a bench trial.
Why it's wrong
Choice C is not the credited answer for this item.
14314_christian_campground_permits · CONSTITUTIONAL_LAW · Choice AThe general welfare clause of Article I, Section 8.
Why it's wrong
Choice A is not the credited answer for this item.
14321_grace_harbor_sanctuary_candles · CONSTITUTIONAL_LAW · Choice BA tax on the manufacturer of sanctuary candles may be imposed only by the state in which the manufacturing occurs and, therefore, it is not likely to create the danger of a multiple tax burden on interstate commerce.
Why it's wrong
Choice B is not the credited answer for this item.
14327_hatteras_ferry_preemption · CONSTITUTIONAL_LAW · Choice Bhear the case on its merits and decide for Lydia because, on these facts, a federal agency is interfering with essential state functions.
Why it's attractive
The 'hear on merits' half is correct, which is what makes the distractor attractive. The 'essential state functions' reasoning is a Tenth-Amendment / anti-commandeering bait. It does not apply: the federal statute regulates INTERSTATE common carriers — a federal function under the Commerce Clause — and the Supremacy Clause preempts any state law in direct conflict. There is no 'essential state functions' exception to preemption. Gold Key GK-CONST-PREEMPT-INTERSTATE-01 unlocks this trap. Silver Key SK-CONST-POSTURE-CLASH-01: when two choices share the procedural posture, push to the substantive rule.
Why it's wrong
The 'hear on merits' half is correct, which is what makes the distractor attractive. The 'essential state functions' reasoning is a Tenth-Amendment / anti-commandeering bait. It does not apply: the federal statute regulates INTERSTATE common carriers — a federal function under the Commerce Clause — and the Supremacy Clause preempts any state law in direct conflict. There is no 'essential state functions' exception to preemption. Gold Key GK-CONST-PREEMPT-INTERSTATE-01 unlocks this trap. Silver Key SK-CONST-POSTURE-CLASH-01: when two choices share the procedural posture, push to the substantive rule.
14330_new_zion_battery_barn · CONSTITUTIONAL_LAW · Choice AYes, because the federal government's legitimate needs are satisfied when the unlicensed state processor satisfies most federal licensing standards in practice.
Why it's attractive
The answer says most standards are enough, but the stem's federal command requires licensed facilities.
Why it's wrong
The answer says most standards are enough, but the stem's federal command requires licensed facilities.
14396_easter_handbell_plan · CONTRACTS · Choice AYes, because the written protection agreement will be strictly construed against Barnabas as the drafter.
Why it's attractive
The answer talks about construing drafted language, but the call asks enforceability after statutory violation.
Why it's wrong
The answer talks about construing drafted language, but the call asks enforceability after statutory violation.
14396_easter_handbell_plan · CONTRACTS · Choice CNo, because the protection agreement is not a divisible contract.
Why it's attractive
Divisibility has no matching fact in the stem.
Why it's wrong
Divisibility has no matching fact in the stem.
14396_easter_handbell_plan · CONTRACTS · Choice DNo, because the protection agreement violated the statute.
Why it's attractive
The statutory violation is real, but the answer omits the protected-class exception.
Why it's wrong
The statutory violation is real, but the answer omits the protected-class exception.
14398_hannah_christmas_trees · CONTRACTS · Choice CDuress.
Why it's wrong
Choice C is not the credited answer for this item.
14400_mechanical_camel · CONTRACTS · Choice BA week after the sale, while Daniel was testing the camel, it suddenly jerked, threw him from its platform, and injured him so severely that he was hospitalized for seven months and needed eighteen months for full recovery.
Why it's attractive
The later harm matches the warning that the camel jerks.
Why it's wrong
The later harm matches the warning that the camel jerks.
14405_lydia_barnabas_handbell_accommodation · CONTRACTS · Choice DLydia may accept or reject the substitute handbell set, but if she rejects it, she will waive any remedy for breach.
Why it's attractive
Rejecting nonconforming goods does not erase breach damages.
Why it's wrong
Rejecting nonconforming goods does not erase breach damages.
14425_accommodating-shipment · CONTRACTS · Choice ABarnabas may accept the maple, in which case he must pay Timothy the full price, less any damages sustained because of the nonconforming shipment, or he may reject the maple and recover from Timothy for total breach of contract, subject to Timothy's right to cure.
Why it's attractive
choice invokes breach/cure mechanics but the accommodation exception eliminates the breach premise
Why it's wrong
choice invokes breach/cure mechanics but the accommodation exception eliminates the breach premise
14437_lydias_verse_card_boxes · CONTRACTS · Choice DNo, because under applicable law the irrevocability of Barnabas’s offer was limited to three months.
Why it's wrong
Choice D is not the credited answer for this item.
14473_psalm_grove_closing · CONTRACTS · Choice Awin, because Lydia's July 8 statement gave Timothy reasonable grounds to be insecure about Lydia's performance.
Why it's attractive
A turns fear about future performance into a present lawsuit remedy.
Why it's wrong
A turns fear about future performance into a present lawsuit remedy.
14474_scripture_quiz_workbooks · CONTRACTS · Choice DNo, because Lydia anticipatorily repudiated the contract when she refused Daniel's demand for adequate assurance.
Why it's attractive
It skips the reasonable-insecurity threshold.
Why it's wrong
It skips the reasonable-insecurity threshold.
14477_advent_mugs · CONTRACTS · Choice AYes, because once Barnabas missed the date for choosing the assortments, Lydia was required to choose a reasonable assortment.
Why it's attractive
The choice turns a missed buyer specification into an automatic seller duty.
Why it's wrong
The choice turns a missed buyer specification into an automatic seller duty.
Practice the questions that use this trap as a distractor and get full Wrong Answer Forensics on submit.
Practice questions using this trap →