PS - I've had worse questions. Most memorably one of my Bar exam essay questions. The question was carefully designed to make it look as if the guy were breaking & entering and robbing but a careful reading yielded that none of the required elements were present (the door was slightly open => not breaking, the guy had no intention of taking anything when he walked in => not robbing, etc.). The question was "What might the guy be charged with?"

The answers they were looking for were B&E and robbery, with a long explanation of why he wasn't actually guilty of these things. He might, with equal reason, have been charged with barratry, treason, or "crimes against nature" - these being just as unsupported as a B&E charge.

Alas. I knew that my score wasn't going to be good enough for me to get away with being a wise-ass so I went with B&E. To this day, I have the fond hope that a better student than I chose the higher course.