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- PrepTest 153
- Section 4, Question 14
Passage A Some legal theorists reject the notion(475 more words not shown)
Passage A(237 more words not shown)
Passage B(246 more words not shown)
Both passages seek an answer(7 more words not shown)
- AShould constraints on(4 more words not shown)
- BMust judges believe(6 more words not shown)
- CIs judicial candor(8 more words not shown)
- DDoes judicial decision(13 more words not shown)
- EDo the costs(6 more words not shown)
Reading the passage
Our read-through gave us the shared question: must judges actually believe the reasons they state in their opinions? A defends sincerity through an independent moral duty. B defends it through the need for accountability and trust, while leaving room for exceptions.
What we’re looking for
The answers may mention real benefits discussed along the way. We need the question that explains why both authors are discussing those benefits in the first place.
Working the answers
- A
B discusses restraints on judicial power, but neither author frames the problem as whether the existing restraints should be strengthened generally. Their narrower concern is whether judges must be sincere when giving reasons.
- BCorrect
This is the question that opens A and appears explicitly in B's first paragraph. Both authors address whether a judge may say one thing while believing another, even though their defenses of honesty differ.
- C
Institutional legitimacy is one practical benefit A mentions, and B's discussion of public trust is related. But whether candor is required for legitimacy is a question about one consequence. It doesn't encompass A's independent moral defense or B's additional concern about scrutiny of judicial reasons.
- D
A mentions guidance to litigants as one benefit of transparency. B doesn't organize its argument around that benefit, and it isn't the shared question driving the two discussions.
- E
Both authors discuss practical considerations, but the inquiry isn't limited to which side of a cost-benefit calculation wins. A specifically argues that outcomes alone fail to capture the moral duty. B also weighs the importance of candor rather than arguing that its costs outweigh its benefits.
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