PrepTest 109, Section 2, Question 25

Purpose of ClaimDifficulty4 of 5
Passage 4Bentham's reform of evidence law
The questionFull text in your LawHub copy of PrepTest 109

By the time Bentham turned his interest to(439 more words not shown)

The author mentions "conversations between(16 more words not shown)

Reading the passage

If we protect confessions to a priest, why not protect conversations with a social worker too? Bentham already accepts that getting relevant evidence isn't the only value that matters. The writer is asking whether his narrow list of exceptions should extend further.

Working the answers

  • A
    Correct

    Automatically admitting these conversations might sacrifice a relationship worth protecting. They supply another situation in which the nonexclusion principle could go too far. The question is whether this should be an exception, not whether every relevant conversation must stay private.

  • B

    This would make the example part of a report about objections people raised to Bentham's proposal. We aren't given that history. The writer introduces the social-worker example as a question testing the proposal's limits.

  • C

    There is a concern about competing values in the surrounding discussion: obtaining evidence versus protecting certain relationships. But the example isn't developed as a comparison of the interests on each side. Its specific job is to ask why another relationship doesn't receive the protection Bentham already allows for confessions. A captures that challenge to his principle more directly.

  • D

    Social interests and social values aren't distinguished or defined against one another. Both refer to considerations that might justify keeping relevant evidence out.

  • E

    The example questions the narrowness of Bentham's exceptions. It isn't presented as another exception he already accepted. E turns a proposed extension into evidence that his list was broad.

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