PrepTest 120, Section 2, Question 17

DetailDifficulty5 of 5
Passage 3Family mediation and court adjudication
The questionFull text in your LawHub copy of PrepTest 120

Individual family members have been assisted in resolving(455 more words not shown)

According to the passage, proponents(18 more words not shown)

Reading the passage

Switch speakers: we need the supporters of court adjudication in the second paragraph. They emphasize protection against unequal bargaining power, individual rights, a formal record, and the development of precedent. We want a claim that follows from one of their arguments, not the final paragraph's case for mediation.

Working the answers

  • A

    Protecting legal rights isn't the same as making every party equally satisfied. The supporters never claim that court decisions usually produce equal satisfaction.

  • B

    This isn't one of their objections. Their concerns include power imbalances and legal protections, not mediation's failure to address emotions. The final paragraph actually credits mediation with helping resolve emotional issues.

  • C
    Correct

    Mediated settlements remove cases from judicial consideration and therefore don't contribute to developing legal precedent. That supports the prediction that those settlements won't guide the resolution of similar disputes among other parties in the way court decisions can.

  • D

    This assigns the assumption to the wrong method. Mediation is described as based on relatively equal parties; the court system tries to protect people when bargaining power is unequal.

  • E

    The opening says court hearings are generally public. That description doesn't establish that these supporters think hearings should always be public. E changes both a description into a recommendation and generally into always.

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