Excerpted From: Michael Josepheson, Evaluation and Grading in Law School, AALS Section on
Teaching (1984).
- one of the options is correct
- It is absolutely correct;
- The remaining options, distractors, are incorrect.
- Each option can be read as a single item in a true/false cluster with the added
factor that you know that only one option is true while the other options are false.
- You may derive the correct answer either:
- by knowing it when you see it or
- by the process of elimination (i.e., systematically eliminating incorrect or
false options).
Illustration 1
Which of the following statements is most accurate?
(A) Payment by Daniel of the $100 was a condition precedent to Paul's duty of
performance.
(B) The performances of Paul and Daniel under the contract were concurrently
conditional.
(C) Payment by Daniel of the $100 was a condition subsequent to Paul's duty
of performance.
(D) Performance by Paul under the contract was a condition precedent to
Daniel's duty of payment of the $100.
Illustration 2
In a collision case, Plaintiff offers in evidence a photograph showing the
scene of the accident while the cars were still in place. A proper foundation must
include, as a minimum, testimony by which of the following?
(A) The photographer
(B) A person who was present at the time the photograph was taken.
(C) A person who observed the cars while they were still in place.
(D) A person in whose custody the photograph has been since it was
developed.
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