PrepTest 143, Section 2, Question 13
The current approach to recusal and disqualification of(432 more words not shown)
Which one of the following(23 more words not shown)
- Athe reasoning leading(6 more words not shown)
- Ban argument that(12 more words not shown)
- Creasoning that is(9 more words not shown)
- Dreasoning that a(7 more words not shown)
- Ea central legal(8 more words not shown)
Reading the passage
The objection distinguishes the reason a judge gives from the reason actually driving the judgment. A judge might cite a legally adequate argument while privately deciding against someone because of personal hostility. That is the kind of hidden motive the reference to real reasoning concerns.
What we’re looking for
We need an example, not a claim about what motivates every judge. One instance of private bias behind a respectable public explanation will fit.
Working the answers
- A
This concerns the decision not to recuse. The objection instead concerns the real reasons for the ultimate judgment in the case—the decision for which the preceding paragraph requires a legal explanation. A switches decisions.
- B
Technical complexity doesn't tell us whether an argument reflects the judge's genuine motive. A difficult legal argument could be the real reason or a public justification for a different one.
- CCorrect
Personal animus means hostility toward the defendant. If that hostility drives the judgment but the judge supplies a different legal explanation, it exemplifies the undetected bias the objection raises. We do not need proof that all real reasoning is biased; the question asks for one example of the described kind.
- D
An observer's inability to find a legal fault concerns the adequacy of the stated reasoning. It does not show that this was the judge's actual motive. That gap is precisely what the objection identifies.
- E
A principle appearing in the written explanation is part of the public justification. Its inclusion alone does not tell us what genuinely motivated the judge.
More Application questions
Learn the LSAT our way
Our platform drills Application questions at your level and adjusts as you improve.