PrepTest 146, Section 4, Question 6

OrganizationDifficulty3 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)

Which one of the following(9 more words not shown)

Reading the passage

We've already identified the two main points: A criticizes jury nullification, while B defends its usefulness. Now we need that relationship in broader terms. Jury nullification is the particular power under discussion, and the writers take opposing positions on whether it helps the legal system.

Working the answers

  • A
    Correct

    A's three objections form a critique of juries' power to nullify. B argues for that same power by describing its role as a safeguard and an aid to the legislature. Both halves fit.

  • B

    B does not propose improvements to nullification. It defends why the power is useful as described. Calling it a custom rather than a power is less precise, but the decisive problem is the invented reform proposal.

  • C

    A is not surveying evidence and leaving a behavior to be explained. It makes a critical argument; B offers a defense, not a hypothesis explaining why juries behave a certain way.

  • D

    “Intractable” would mean that the problem resists a solution. A does not establish that the legal system faces an unsolvable problem, and B does not offer a solution to A's problem. It disputes A's negative assessment of nullification.

  • E

    A does more than pose a question: it takes a position and supports it. B takes the opposing position. A question-and-answer description misses that central disagreement.

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