PrepTest 120, Section 1, Question 4

DisagreementDifficulty1 of 5
The questionFull text in your LawHub copy of PrepTest 120

Aaron: A prominent judge, criticizing "famous lawyers who(57 more words not shown)

The point at issue between(5 more words not shown)

Reading the argument

If I paid a lawyer to represent me, I'd want that lawyer to know my case and have the papers ready. I can understand the judge's concern that showing up unprepared hurts the client.

Aaron calls the judge's remarks irresponsible. Why? He doesn't explain. In particular, he doesn't say the warning is false. Someone could agree that unprepared lawyers hurt their clients and still object to a judge publicly saying so.

What we’re looking for

Belinda takes the other side: warning people about the damage their negligence causes is responsible. She admires the judge's candor—his honesty and directness. So the dispute isn't necessarily about what unprepared lawyers do to their clients. It's about the judge's decision to criticize them. That's the disagreement I expect to find in the choices.

Working the answers

  • A

    Belinda accepts that the lawyers' negligence causes damage. Aaron never denies that. His objection to the judge's remarks doesn't establish that he thinks the remarks are untrue. We need opposing positions, and we have only one on this issue.

  • B
    Correct

    Aaron explicitly calls the judge's criticism irresponsible. Belinda explicitly treats this kind of warning as responsible behavior. Here we can give a clear yes from Aaron and a clear no from Belinda to the same claim.

  • C

    Belinda describes the conduct as negligence, but Aaron doesn't say whether being unprepared deserves that description. Disapproving of the judge's comments doesn't tell us Aaron's view of the lawyers' conduct.

  • D

    The judge refers to famous lawyers, but neither speaker compares their responsibility with that of less famous lawyers. They could think all lawyers have exactly the same duty to prepare and still disagree about the judge's criticism.

  • E

    The judge does say the lawyers' attitude offends the court. But quoting that statement doesn't tell us that Aaron accepts or rejects it, and Belinda doesn't separately address whether that offense is to be expected. Her approval of the warning and Aaron's disapproval of it don't establish a disagreement about this particular effect on the court.

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