PrepTest 143, Section 2, Question 10

DetailDifficulty1 of 5
Passage 2Judicial bias, recusal and transparent reasoning
The questionFull text in your LawHub copy of PrepTest 143

The current approach to recusal and disqualification of(432 more words not shown)

The author of the passage(20 more words not shown)

Reading the passage

The author introduces this rule with “Under the law” and then uses it to defend the proposal: without harm, there is no basis for legal recourse. The rule is treated as something already established, not as a controversial new rule the author must prove. We're identifying its status in the argument, not deciding whether we personally agree with it.

Working the answers

  • A
    Correct

    The author presents the harm requirement as an established legal principle and relies on it to support the conclusion that a legally defensible judgment supplies no grounds for complaint in the situation described.

  • B

    The function of law is identified earlier as settling normative disputes. The harm requirement instead concerns when legal recourse is available. Those are different ideas in different parts of the argument.

  • C

    The possibility of hiding a real motive is the objection addressed in the final paragraph. This principle is part of the author's response to that objection, not a technique for concealing the judge's thinking.

  • D

    The author relies on the rule without criticizing it as unfair. D would give the writer an attitude the text doesn't express.

  • E

    The current approach emphasizes appearances. This principle supports the author's defense of the proposed approach; it is not identified as central to the existing means of addressing bias.

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