PrepTest 158, Section 1, Question 22

Purpose of ClaimDifficulty4 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(16 more words not shown)

Reading the passage

How do you prosecute the responsible individual if you can't identify that person? That is the problem the author raises with complex corporate hierarchies. The sentence answers the theorists who want to target individuals by pointing out a practical obstacle to their proposal.

Working the answers

  • A

    The scapegoat is a separate problem introduced in the next sentence. Here, responsibility is too buried to identify the right person. The next objection is that a company might pay someone to face prosecution instead of stopping the misconduct.

  • B

    The theorists say individuals respond to deterrence because they fear prosecution and losing their jobs. Difficulty identifying them is the author's objection to that proposal, not the theorists' reason for supporting it.

  • C

    The unfair burden of corporate punishment is part of the critics' case. The sentence in the question instead explains why their preferred alternative can be hard to carry out.

  • D
    Correct

    Impracticable means difficult or impossible to put into practice. Individual prosecution requires identifying someone responsible, and the hierarchy can prevent that. The author is challenging whether the proposed approach will work in practice.

  • E

    No misunderstanding of a legal definition is identified. The problem is locating responsibility inside the company, not defining criminal liability.

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