ArchitectureBarMatrix curated

Wrong Standard

This trap appears as a wrong-answer choice in 42 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

CRIMINAL24
Evidence9
Real Property3
Civil Procedure2
Constitutional Law2
Contracts2

Example wrong choices

first 20

14227_priscilla_treasurer · CONSTITUTIONAL_LAW · Choice APriscilla must demonstrate that the statute is not rationally related to a legitimate state interest.
Why it's wrong
Choice A is not the credited answer for this item.
14227_priscilla_treasurer · CONSTITUTIONAL_LAW · Choice BThe state must demonstrate that the statute is rationally related to a legitimate state interest.
Why it's wrong
Choice B is not the credited answer for this item.
14468_waiver-of-notice-condition · CONTRACTS · Choice ASubstantial performance.
Why it's attractive
The choice names a real doctrine, but it applies to constructive conditions, not express ones
Why it's wrong
The choice names a real doctrine, but it applies to constructive conditions, not express ones
14562_chapel_bank_stop · CRIMINAL · Choice AYes, because the confession was the fruit of a Miranda violation, even though there was no Fourth Amendment violation.
Why it's attractive
concedes no Fourth violation but assumes warning violation
Why it's wrong
concedes no Fourth violation but assumes warning violation
14562_chapel_bank_stop · CRIMINAL · Choice CYes, because the confession was the fruit of a Fourth Amendment violation, even though there was no Miranda violation.
Why it's attractive
treats reasonable suspicion as insufficient for Terry
Why it's wrong
treats reasonable suspicion as insufficient for Terry
14562_chapel_bank_stop · CRIMINAL · Choice DYes, because the confession was the fruit of both a Fourth Amendment violation and a Miranda violation.
Why it's attractive
fails both axes
Why it's wrong
fails both axes
14694_factual-impossibility-hunter · CRIMINAL · Choice AGuilty of attempted murder, because a reasonable person would not have been aware of the limited range of the BB rifle.
Why it's attractive
Attempt uses the defendant's actual intent, not a reasonable-person standard. If you see 'reasonable person' in an attempt question, it's almost certainly wrong.
Why it's wrong
Attempt uses the defendant's actual intent, not a reasonable-person standard. If you see 'reasonable person' in an attempt question, it's almost certainly wrong.
14847_outreach_van_clerk · EVIDENCE · Choice Cmisunderstood the judge's instructions about the standard of proof in a fraud case.
Why it's attractive
The choice reports the juror's own misunderstanding and its effect on his vote.
Why it's wrong
The choice reports the juror's own misunderstanding and its effect on his vote.
14867_scripture_market_cart · EVIDENCE · Choice AProper, because Hannah first introduced opinion evidence about the cart's speed.
Why it's attractive
It treats Hannah's earlier opinion as the reason Daniel may testify.
Why it's wrong
It treats Hannah's earlier opinion as the reason Daniel may testify.
14867_scripture_market_cart · EVIDENCE · Choice CImproper, because lay and expert opinion testimony cannot both be offered on the same issue.
Why it's attractive
The answer uses an absolute no-both rule that the stem does not support.
Why it's wrong
The answer uses an absolute no-both rule that the stem does not support.
14867_scripture_market_cart · EVIDENCE · Choice DImproper, because Daniel cannot establish the cart's speed with a sufficient degree of scientific certainty.
Why it's attractive
It demands a special certainty label instead of checking the Rule 702 foundation.
Why it's wrong
It demands a special certainty label instead of checking the Rule 702 foundation.
14895_ark-ledger · EVIDENCE · Choice CNo, because the testimony is extrinsic evidence on a collateral matter.
Why it's attractive
It says No, but it gives a collateral-matter reason instead of the character-proof-form reason.
Why it's wrong
It says No, but it gives a collateral-matter reason instead of the character-proof-form reason.
15014 · REAL_PROPERTY · Choice Binvalid, because it conflicts with the applicable zoning code.
Why it's attractive
The stem says zoning authorizes the farmer's plan; it does not say zoning requires the plan. A stricter private restriction can coexist with more permissive zoning.
Why it's wrong
The stem says zoning authorizes the farmer's plan; it does not say zoning requires the plan. A stricter private restriction can coexist with more permissive zoning.
15023 · REAL_PROPERTY · Choice Cthe neighbor, because Lots 1 and 2 are urban land, as distinguished from rural land and, therefore, under the circumstances the landowner had the duty to protect any improvements on Lot 1.
Why it's attractive
The choice changes the test to urban versus rural land and a duty to protect improvements. That is not the lateral-support rule.
Why it's wrong
The choice changes the test to urban versus rural land and a duty to protect improvements. That is not the lateral-support rule.
15023 · REAL_PROPERTY · Choice Dthe neighbor, because the construction and the use to be made of the building were both authorized by the applicable law.
Why it's attractive
The choice points to permits and legal authorization. Those facts do not answer the lateral-support question once natural land subsidence is shown.
Why it's wrong
The choice points to permits and legal authorization. Those facts do not answer the lateral-support question once natural land subsidence is shown.
16025_calligraphy_studio · CRIMINAL · Choice DAt the time of the shooting, Martha actually believed that Lydia was about to stab her with a craft knife, but a reasonable person in Martha's place would not have held that belief.
Why it's attractive
Actual belief is present, but the reasonable-person sentence defeats complete acquittal.
Why it's wrong
Actual belief is present, but the reasonable-person sentence defeats complete acquittal.
16032_solomon_treasurer_vote · CRIMINAL · Choice AYes, because of Solomon's extreme possessiveness about his role as treasurer.
Why it's attractive
The stem is loaded with evidence of Solomon's subjective passion. But heat of passion is tested against the ORDINARY PERSON — his extreme possessiveness is legally irrelevant. Cut at CLASH when Gold Key fires.
Why it's wrong
The stem is loaded with evidence of Solomon's subjective passion. But heat of passion is tested against the ORDINARY PERSON — his extreme possessiveness is legally irrelevant. Cut at CLASH when Gold Key fires.
16065_hymn_archive_provocation · CRIMINAL · Choice ADaniel's conduct indicated an intent to inflict serious bodily harm on Ruth.
Why it's attractive
The choice argues intent, but the defense is mitigation.
Why it's wrong
The choice argues intent, but the defense is mitigation.
16065_hymn_archive_provocation · CRIMINAL · Choice CDaniel's conduct indicated an intent to kill Ruth.
Why it's attractive
The choice proves murder mens rea but does not answer whether mitigation applies.
Why it's wrong
The choice proves murder mens rea but does not answer whether mitigation applies.
16065_hymn_archive_provocation · CRIMINAL · Choice DDaniel did not personally catch Ruth and the other man in the act of adultery.
Why it's attractive
The choice invents a single required adultery scenario.
Why it's wrong
The choice invents a single required adultery scenario.

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