| Excerpted From: Michael Josepheson, Evaluation and Grading in Law School, AALS Section on
Teaching (1984).
- A variation of the single correct answer
- The negative form of the question which asks you to pick out the one
false/incorrect statement from a set of options.
- The remaining options, the distracters, are correct statements.
- You can still use the process of elimination but this time, you eliminate the true
statements.
Illustration1
Which of the following crimes is LEAST likely to result in a felony murder
conviction if the victim dies during the perpetration of the crime?
(A) rape
(B) robbery
(C) larceny
(D) kidnapping
Illustration 2
Which of the following statements regarding the legal effect of Daniel's illness is
LEAST accurate?
(A) Daniel's illness and the related development excused Paul from his
obligation to deliver the cards on or before December 15.
(B) Prompt notice by Daniel to Paul of Daniel's recovery from illness was an
implied condition of Paul's duty under the circumstances.
(C) Paul was under a duty of immediate performance of his promise to deliver
the cards, as of December 15, by reason of the express language of the
contract and despite the illness of Daniel and the related developments.
(D) Daniel's conduct after his illness constituted a waiver of the necessity of
Paul's performing on or before December 15.
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