PrepTest 124, Section 4, Question 9

ApplicationDifficulty3 of 5
Passage 2Studying English common law as a developing tradition
The questionFull text in your LawHub copy of PrepTest 124

In England the burden of history weighs heavily(428 more words not shown)

Which one of the following(21 more words not shown)

Reading the passage

First translate the theory we're supposed to exemplify. It acknowledges that common law is old but ignores how its historical forms matter today. So I want a study of the past that leaves out the connection to the present.

What we’re looking for

That missing connection matters. Merely mentioning medieval law won't be enough if an answer actually links it to modern practice.

Working the answers

  • A

    Tracing modern property customs to medieval origins makes the past-to-present connection. That's the connection our example needs to neglect.

  • B

    Comparing modern courtroom procedures with medieval conventions also connects an earlier practice with a contemporary one. It doesn't show the specified omission.

  • C
    Correct

    Medieval marriage laws supply the historical subject, and not examining their relationship to modern laws supplies the missing contemporary significance. Both halves match our prediction.

  • D

    This compares simultaneous developments in two countries and omits their social repercussions. That's a different comparison and a different omission from ignoring the present significance of historical law.

  • E

    Civil and criminal courts are two kinds of courts. Comparing their evidence rules doesn't establish a historical study that neglects its connection to current law.

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