Wrong Area Vocabulary
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
- CRIMINAL1
Example wrong choices
16081_vineyard-fire · CRIMINAL · Choice Agranted, if the charges brought before the second grand jury were identical to the charges brought before the first grand jury.
Why it's attractive
real Double Jeopardy material (identical charges) but it only operates after jeopardy attaches; premature here
Why it's wrong
real Double Jeopardy material (identical charges) but it only operates after jeopardy attaches; premature here
16081_vineyard-fire · CRIMINAL · Choice Cgranted, because the first grand jury's refusal to indict is res judicata.
Why it's attractive
res judicata is a final-court-judgment doctrine; a grand jury no-bill is neither, and it is not the Double Jeopardy Clause
Why it's wrong
res judicata is a final-court-judgment doctrine; a grand jury no-bill is neither, and it is not the Double Jeopardy Clause
16081_vineyard-fire · CRIMINAL · Choice Ddenied, unless the first grand jury's refusal to indict was motivated by sympathy or undue prejudice.
Why it's attractive
reaches denied but conditions it on a sympathy/prejudice exception that does not exist; jeopardy never attached, so there is nothing to except
Why it's wrong
reaches denied but conditions it on a sympathy/prejudice exception that does not exist; jeopardy never attached, so there is nothing to except
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