PrepTest 109, Section 2, Question 26

DetailDifficulty5 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)

Which one of the following(16 more words not shown)

Reading the passage

The main change was toward letting more evidence in. Earlier rules could mechanically exclude even relevant, reliable information. The later approach starts by admitting relevant evidence unless there is a clear policy reason to exclude it. An answer describing that reduction in rigidity would fit what we've read.

Working the answers

  • A

    This suggests that common-law rules were replaced as a whole. The opening says most components of modern evidence law were already assembled in Bentham's time. We get a change in the approach to admission, not a wholesale replacement of everything inherited from common law.

  • B
    Correct

    The old automatic exclusions contrast with the later presumption favoring admission. That supports “less rigid” without requiring us to say that every restriction disappeared.

  • C

    The account doesn't trace particular current laws to sources outside common law. A change in the rules doesn't by itself establish that origin.

  • D

    By the late eighteenth century, most components “had been assembled.” That isn't a statement that evidence law began then.

  • E

    We aren't told that earlier rules lacked a common-law basis. Nothing in this account establishes that claim about the period before the eighteenth century.

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