PrepTest 113, Section 1, Question 1

Main PointDifficulty5 of 5
Passage 1The case for keeping unanimous jury verdicts
The questionFull text in your LawHub copy of PrepTest 113

The jury trial is one of the handful(440 more words not shown)

Which one of the following(9 more words not shown)

Reading the passage

We've already predicted the main point: keep unanimity. The writer thinks its protection for fair verdicts is worth the costs of occasional deadlocks. We want that recommendation, with the reasons supporting it, rather than just a fact about hung juries.

Working the answers

  • A

    Saying the requirement should survive examination isn't saying it shouldn't be examined. The writer has just weighed its costs and benefits. This replaces the conclusion of that examination with a refusal to undertake it.

  • B

    Keep unanimity is right; irresponsible jurors is wrong. The writer says deadlocks can suggest that jurors are conscientiously doing their jobs. B reverses that defense of the holdout.

  • C

    This is a supporting point: close evidence can explain deadlock without making it a failure of the system. But the larger purpose is to defend keeping unanimity. C stops before that recommendation.

  • D

    The recommendation fits, but the added condition doesn't capture the argument. The writer treats deadlock as evidence of conscientious work, not as grounds for an endorsement conditional on jurors behaving conscientiously. The central tradeoff is costs versus fairness.

  • E
    Correct

    Paragraph 2 says the expense of jury deadlock does not justify sacrificing the social value of unanimity. Paragraph 3 develops the fairness benefit. E puts those together: the benefit outweighs the cost, so the requirement should remain.

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