Wrong Defendant
This trap appears as a wrong-answer choice in 2 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
- Constitutional Law1
- Real Property1
Example wrong choices
14231_hymn-trailer-premium · CONSTITUTIONAL_LAW · Choice ANo, because the different theft rates in the two areas provide a rational basis for the different premiums.
Why it's attractive
A reaches scrutiny before asking whether equal protection reaches this private defendant.
Why it's wrong
A reaches scrutiny before asking whether equal protection reaches this private defendant.
14231_hymn-trailer-premium · CONSTITUTIONAL_LAW · Choice CYes, because the higher theft rate in Martha's neighborhood shows that the county sheriff is not giving residents there the equal protection of the laws.
Why it's attractive
The suit targets the insurer, but C turns the case into a sheriff-protection claim.
Why it's wrong
The suit targets the insurer, but C turns the case into a sheriff-protection claim.
14231_hymn-trailer-premium · CONSTITUTIONAL_LAW · Choice DYes, because charging a higher premium based on a customer's residential area is inherently discriminatory.
Why it's attractive
D treats unfair private pricing as automatically constitutional discrimination.
Why it's wrong
D treats unfair private pricing as automatically constitutional discrimination.
22019_cedar_ridge_heat_covenant · REAL_PROPERTY · Choice ANo, because the agreement to purchase heat did not touch and concern Naomi's land.
Why it's attractive
Touch and concern decides successor liability, not the promisor's own contract.
Why it's wrong
Touch and concern decides successor liability, not the promisor's own contract.
22019_cedar_ridge_heat_covenant · REAL_PROPERTY · Choice BNo, because Paul did not sign the deed.
Why it's attractive
Paul signed the written contract; a grantee is bound by accepting the deed without signing.
Why it's wrong
Paul signed the written contract; a grantee is bound by accepting the deed without signing.
22019_cedar_ridge_heat_covenant · REAL_PROPERTY · Choice DYes, because a discrepancy between a contract for the sale of realty and a conveyance is resolved by looking to the contract.
Why it's attractive
There is no contract/deed discrepancy here, and the deed controls if there were.
Why it's wrong
There is no contract/deed discrepancy here, and the deed controls if there were.
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