PrepTest 158, Section 1, Question 21

Main PointDifficulty2 of 5
Passage 4Criminal liability for corporate wrongdoing
The questionFull text in your LawHub copy of PrepTest 158

The use of criminal sanctions against corporations is(445 more words not shown)

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

Reading the passage

We already predicted the main point: the best way to address corporate wrongdoing is to hold the corporation itself criminally liable. The author answers one group that prefers civil liability and another that prefers prosecuting individuals.

What we’re looking for

Our answer needs both parts of that recommendation. It also needs to distinguish most effective from the much stronger claim that nothing else works.

Working the answers

  • A
    Correct

    This gives the dispute and the author's position: despite the criticisms, criminal sanctions against corporations remain the most effective deterrent. The last paragraph states the recommendation directly, and the earlier responses explain why the alternatives fall short.

  • B

    These are considerations in the civil-versus-criminal discussion, not the overall conclusion. The author acknowledges the economic objection and points out a limitation of private civil litigation, then uses those considerations to defend corporate criminal liability. B leaves out that recommendation.

  • C

    Less effective doesn't mean incapable of deterrence. The author calls criminal liability a stronger deterrent and corporate criminal liability the most effective approach. Neither comparison establishes that the alternatives have no effect.

  • D

    The author recommends holding corporations themselves criminally liable. D adds a combined strategy targeting both corporations and individuals as the best approach. That isn't the recommendation the author establishes.

  • E

    This favors criminal sanctions against individuals over civil sanctions. It misses the author's central choice of target: the corporation itself. The concern about censuring wrongdoing doesn't turn the individual-prosecution proposal into the author's conclusion.

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