PrepTest 158, Section 1, Question 24
The use of criminal sanctions against corporations is(445 more words not shown)
Which one of the following(10 more words not shown)
- ACivil liability is(8 more words not shown)
- BEmployees are just(15 more words not shown)
- CDeterrence is the(8 more words not shown)
- DIndividuals within corporations(10 more words not shown)
- EPrivate civil litigation(9 more words not shown)
Reading the passage
Keep track of who makes each claim. The first paragraph reports the civil-liability theorists' position; the third reports the individual-prosecution theorists' position. The author's responses appear in the second and fourth paragraphs. A statement can appear in the text without being something the author asserts.
Working the answers
- A
The first group of theorists claims that civil liability better assesses appropriate damages. The author reports that claim while presenting their argument; it isn't identified as the author's own position.
- B
No comparison of how likely employees are to be harmed under the two systems is given. The discussion of their possible financial losses doesn't establish equal likelihood.
- C
The first paragraph says both forms of liability aim at deterrence. It doesn't make deterrence the main aim of both. The author specifically identifies criminal law's main function as censuring wrongdoing and expressing society's rejection of it.
- D
The third paragraph says “They maintain” that individuals are more responsive to deterrence. They refers to the theorists who favor individual prosecution. This is their claim, which the author follows with objections to their approach.
- ECorrect
In the second paragraph, the author says private civil litigation “requires an identifiable victim” with the resources to begin a case. If the victim is required, the litigation cannot proceed without one. E restates that requirement without adding anything.
More Detail questions
Learn the LSAT our way
Our platform drills Detail questions at your level and adjusts as you improve.