PrepTest 146, Section 4, Question 1

DetailDifficulty1 of 5
Passage 1Jury nullification: unaccountable power or useful safeguard?
The questionFull text in your LawHub copy of PrepTest 146

Passage A Jury nullification occurs when the jury(496 more words not shown)

Passage A(262 more words not shown)

Passage B(242 more words not shown)

The author of passage B(14 more words not shown)

Reading the passage

Lawmakers cannot foresee every situation. They also have to compromise, so a law's wording can be broader than the particular cases that ought to lead to conviction. B presents nullification as a way for juries to handle those exceptions. We're looking for “broad” or “general,” not a new complaint about laws.

Working the answers

  • A

    Complicated wording is not the problem B identifies. A rule could be perfectly easy to understand and still cover a case in which conviction would be unjust.

  • B

    B does not say the laws are outdated. Even a newly written law could fail to anticipate a particular situation.

  • C

    “Permissive” means allowing too much. B is explaining why a jury might decline to convict someone covered by a law, not why the law lets too many people escape punishment.

  • D

    B never identifies excessive intrusion as the reason. A law can be too broad in its application without this particular criticism being made.

  • E
    Correct

    B explicitly says that legislatures “create general laws” and sometimes “must settle for broad language.” Those general rules may need exceptions when applied to individual defendants. E gives us the very word used to explain why nullification can assist the legislature.

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