PrepTest 116, Section 4, Question 5

OrganizationDifficulty4 of 5
Passage 1Defense lawyers’ duties to clients, courts, and society
The questionFull text in your LawHub copy of PrepTest 116

Is it necessary for defense lawyers to believe(436 more words not shown)

The relationship of the information(27 more words not shown)

Reading the passage

Compare the actual claims. The earlier sentence says lawyers have no right to judge defendants; courts determine guilt, and lawyers represent them. The later sentences say guilty clients aren't entitled to false or insincere representation, and lawyers who know a client is guilty must not deny it. The writer is pushing back against the scholars' account.

Working the answers

  • A

    The claims concern the same issue: how the lawyer's judgment should affect representation. They are neither unrelated nor neutral factual reports.

  • B
    Correct

    The earlier opinion is attributed to the scholars. The later sentences give the writer's opposing view that the lawyer's knowledge of guilt must constrain the defense. Keep the order straight: the question names the writer's later sentences first.

  • C

    No hypothetical case is being offered, and the later claims oppose rather than support the earlier opinion.

  • D

    This isn't agreement on the general division of responsibility with a minor procedural adjustment. It challenges the earlier claim that the lawyer should leave judgment entirely to the court.

  • E

    The claims aren't equivalent. One excludes the lawyer's judgment from the role; the other requires the lawyer to act on certain knowledge of guilt.

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