Wrong Party
This trap appears as a wrong-answer choice in 25 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
- CRIMINAL12
- Contracts4
- Real Property4
- Constitutional Law2
- Evidence2
- Civil Procedure1
Example wrong choices
first 2014227_priscilla_treasurer · CONSTITUTIONAL_LAW · Choice CPriscilla must demonstrate that the statute is not necessary to achieve a compelling state interest.
Why it's wrong
Choice C is not the credited answer for this item.
14348_flame_furniture · CONSTITUTIONAL_LAW · Choice Aenforce the Fourteenth Amendment.
Why it's attractive
CUT on party mismatch. The 14A is the wrong tool when the regulated conduct is private.
Why it's wrong
CUT on party mismatch. The 14A is the wrong tool when the regulated conduct is private.
14400_mechanical_camel · CONTRACTS · Choice AAfter the camel had completed four Advent tours for Daniel, it was discovered that, because of a clerical error unknown to both parties, the maker’s certificate listed an obscure prop shop as the builder rather than the famous Jerusalem Stageworks workshop that had actually built it.
Why it's attractive
The actual maker is better than the listed maker; that does not hurt Daniel.
Why it's wrong
The actual maker is better than the listed maker; that does not hurt Daniel.
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.
14400_mechanical_camel · CONTRACTS · Choice DThe camel earned Daniel $4.8 million over a four-year touring career, but when retired it was found to have nonstandard internal electronics and to be useless as a template for manufacturing replica camels.
Why it's attractive
The camel already delivered four years of the bought-for use.
Why it's wrong
The camel already delivered four years of the bought-for use.
14401_psalm_van_repair · CONTRACTS · Choice AYes, because Ruth's promise to Peter was oral.
Why it's attractive
The answer stops at the first oral promise and ignores the later signed note.
Why it's wrong
The answer stops at the first oral promise and ignores the later signed note.
14401_psalm_van_repair · CONTRACTS · Choice BNo, because the amount of the repair bill was less than $5,000.
Why it's attractive
The call is about a guarantor's writing, not a dollar safe harbor.
Why it's wrong
The call is about a guarantor's writing, not a dollar safe harbor.
14401_psalm_van_repair · CONTRACTS · Choice CYes, because Matthew's promise to Peter was oral.
Why it's attractive
Peter sued Ruth; Matthew's oral promise is not the dispositive writing question.
Why it's wrong
Peter sued Ruth; Matthew's oral promise is not the dispositive writing question.
14455_tutor-piano · CONTRACTS · Choice AOnly the student is in breach and liable for the teacher's damages, if any.
Why it's attractive
The student's payment duty was not yet due; refusing to pay early is not a breach
Why it's wrong
The student's payment duty was not yet due; refusing to pay early is not a breach
14572_barnabas-at-the-sanctuary · CRIMINAL · Choice AShe may grant a directed verdict for the prosecution if she finds that the congregation witnesses' testimony about Barnabas's state of mind is not credible.
Why it's attractive
The stem places the burden on the prosecution. Measuring defense witness credibility tracks the wrong party.
Why it's wrong
The stem places the burden on the prosecution. Measuring defense witness credibility tracks the wrong party.
14691_church-keyboard-heist · CRIMINAL · Choice DNo, because Martha was not aware of Stephen's status.
Why it's attractive
D says Martha's motion should be denied because she was not aware of Stephen's status. But awareness of Stephen's status is not an element of conspiracy under the MPC. What matters is whether Martha agreed to commit theft — and she did. D raises a non-issue.
Why it's wrong
D says Martha's motion should be denied because she was not aware of Stephen's status. But awareness of Stephen's status is not an element of conspiracy under the MPC. What matters is whether Martha agreed to commit theft — and she did. D raises a non-issue.
14796_charity-auction-naomi · EVIDENCE · Choice CNo, because the prosecutor will be afforded no opportunity to confront Naomi.
Why it's attractive
Asserts that the prosecutor has a constitutional right to confront Naomi. The Confrontation Clause belongs to criminal defendants, not the government. The claim is simply wrong as a matter of constitutional doctrine.
Why it's wrong
Asserts that the prosecutor has a constitutional right to confront Naomi. The Confrontation Clause belongs to criminal defendants, not the government. The claim is simply wrong as a matter of constitutional doctrine.
15006_bethel-ridge-vineyard · REAL_PROPERTY · Choice DLevi, because he is Stephen's heir.
Why it's attractive
Stem states Stephen died 'devising all of his estate' — a will exhausts the estate, so the heir takes nothing by intestacy; 'his heirs and assigns' in the deed never gave the heirs a separate interest.
Why it's wrong
Stem states Stephen died 'devising all of his estate' — a will exhausts the estate, so the heir takes nothing by intestacy; 'his heirs and assigns' in the deed never gave the heirs a separate interest.
15019_scripture_garden_path · REAL_PROPERTY · Choice ANo, because the association and Stephen, the board member who voted in favor of the early opening, would be liable.
Why it's attractive
The answer correctly spares Ruth but adds Stephen only because he voted.
Why it's wrong
The answer correctly spares Ruth but adds Stephen only because he voted.
15019_scripture_garden_path · REAL_PROPERTY · Choice BYes, because the association, Stephen, and Ruth would each be liable.
Why it's attractive
The answer converts association membership and shared use into personal tort liability.
Why it's wrong
The answer converts association membership and shared use into personal tort liability.
15019_scripture_garden_path · REAL_PROPERTY · Choice DYes, because Ruth and Stephen would be liable.
Why it's attractive
The answer blames the nearby owner and voting board member while skipping the association.
Why it's wrong
The answer blames the nearby owner and voting board member while skipping the association.
17220_chapel_robes_notice · EVIDENCE · Choice BPaul now has the burden of persuading the jury that he did not receive the notice.
Why it's attractive
The answer moves the final persuasion burden to Paul.
Why it's wrong
The answer moves the final persuasion burden to Paul.
17226_cookbook_libel · CIVIL_PROCEDURE · Choice AYes, because Bread of Life Press did not have sufficient minimum contacts with State C.
Why it's attractive
Names the correct axis (defendant contacts) but understates the quantum; needs the Keeton anchor to defeat.
Why it's wrong
Names the correct axis (defendant contacts) but understates the quantum; needs the Keeton anchor to defeat.
17226_cookbook_libel · CIVIL_PROCEDURE · Choice BYes, because Naomi did not have sufficient minimum contacts with State C.
Why it's attractive
Grades the plaintiff's forum contacts; specific PJ measures the defendant's — non-dispositive element.
Why it's wrong
Grades the plaintiff's forum contacts; specific PJ measures the defendant's — non-dispositive element.
17226_cookbook_libel · CIVIL_PROCEDURE · Choice DNo, because State C was the only forum still open to Naomi.
Why it's attractive
Substitutes 'she had nowhere else to sue' for the contacts analysis; necessity does not confer jurisdiction.
Why it's wrong
Substitutes 'she had nowhere else to sue' for the contacts analysis; necessity does not confer jurisdiction.
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