PrepTest 136, Section 1, Question 10
Passage A In this appeal of his criminal(491 more words not shown)
Passage A(262 more words not shown)
Passage B(237 more words not shown)
It can be inferred that(6 more words not shown)
- Aa judge presiding(7 more words not shown)
- Ba defense attorney(8 more words not shown)
- Ca prosecutor arguing(7 more words not shown)
- Da professor of(7 more words not shown)
- Ean academic presenting(8 more words not shown)
Reading the passage
A speaks for “this court” and reviews the decision of the “trial court below.” The opening also tells us that the defendant is appealing a conviction. Put those clues together: the writer is deciding an appeal, not merely arguing one side of it.
Working the answers
- ACorrect
A judge reviewing the conviction can speak on behalf of the appellate court and decide that the trial court acted within its discretion. Both the point of view and the procedural setting fit.
- B
A defense attorney would be presenting the defendant's challenge. This writer distinguishes that challenge from the court's response and rejects the proposed reason to discard the evidence.
- C
A prosecutor could favor the same result, but agreeing with the outcome doesn't make the prosecutor the speaker. “This court” identifies the voice making the decision rather than an advocate requesting it.
- D
A professor could discuss a case in class, but nothing frames this as a lecture. The language directly expresses the reviewing court's judgment.
- E
Similarly, an academic might study this issue, but A isn't presented as an outside analysis delivered to scholars. It speaks as the court evaluating the earlier ruling.
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