PrepTest 153, Section 4, Question 15

DetailDifficulty3 of 5
Passage 3Judicial candor as a moral duty or a practical presumption
The questionFull text in your LawHub copy of PrepTest 153

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 allude to the(14 more words not shown)

Reading the passage

We need an effect both authors mention, so find support on each side. A's second paragraph says candor can strengthen institutional legitimacy. B says dishonesty can increase public cynicism and produce large institutional losses through a lack of trust. Different words, but a shared concern: dishonesty can weaken the courts as an institution.

Working the answers

  • A

    Neither author says people will stop complying with controversial judgments. Losing trust in a court and refusing to obey a particular ruling are different possible effects. We aren't given that additional step.

  • B
    Correct

    A's “institutional legitimacy” and B's warning about public cynicism and lost trust support this broader description. The institution's standing can suffer when people doubt that judges are honest. We don't need both authors to use the exact phrase “institutional strength.”

  • C

    B specifically discusses the ability to debate and criticize judges' true reasons. A doesn't make that point. A real effect in one account isn't enough for this both-passages question.

  • D

    This belongs to A's practical defense: transparency gives better guidance to lower courts. B doesn't mention that particular consequence.

  • E

    B names constitutions as one source of restraints that depend on candor. A doesn't discuss the effect of dishonesty on constitutional limits.

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