Reading comp PrepTest 143 · Section 2 · Question 11

Passage

Questions 8-14  .        The current approach to recusal and disqualification  . of judges heavily emphasizes appearance-based  . analysis. Professional Remaining source text redacted.
Passage walkthrough
Passage SummaryTopic: Legal Studies

Paragraph 1
  • Paragraph note
    • Background and description of judicial recusal
  • Views, minor Meta-Structures, and the author's attitude
    • Recusal - real or apparent biases
    • Some places - Petition for recusal
    • Others - Judge recuses self
Paragraph 2
  • Paragraph note
    • Problems with current recusal system
  • Views, minor Meta-Structures, and the author's attitude
    • Problem 1 - Rules are too vague
    • Problem 2 - Focus on appearance means non-apparent biases might be at play
Paragraph 3
  • Paragraph note
    • Recommendation for new system of recusal - Reasoned decisions
  • Views, minor Meta-Structures, and the author's attitude
    • Goal - Well-reasoned settlement of legal disputes
    • Solution/Approach - Require written reasons for decision
    • Judge recuses self - Written reasons for it
    • Judge doesn't - Written reasons for decision in case (NOT reasons for failure to recuse)
Paragraph 4
  • Paragraph note
    • A potential objection to the Author's approach is addressed
  • Views, minor Meta-Structures, and the author's attitude
    • Objection - Judge's may make up reasoning to hide bias
    • Rebuttal - So what? As long as there's a good reason for the decision, motive doesn't matter (no harm)
Main Point:
The current system of judicial recusal has several shortcomings that could be addressed by switching to a system requiring judges to write out their reasoning for decisions (recusal or otherwise).

Key Lines:
Lines 3-5 - The current system is outlined
Line 12 - The first problem with the current system is noted
Lines 16-18 - The second problem is noted
Lines 25-27 - The goal of the judicial system is noted
Lines 29-31 - The Author's recommendation/solution is presented
Lines 43-45 - A potential objection to the recommendation is stated
Lines 46-48 - The Author addresses the objection

Meta-Structure:
Problem/Solution - The Author presents several problems with the current judicial recusal system throughout Paragraph 2, and she then presents her solution to it in Paragraph 3.

Goal/Approach - The Author presents the goal of the judicial system (Lines 25-27) and then an approach on how to achieve that goal while addressing the problems with the current recusal system (Lines 29-31). This overlaps with the Problem/Solution structure.

Raise an objection to address it - The Author brings up a potential objection to her argument (Lines 43-45) in order to address it (Lines 46-48), thus strengthening her argument.

Last Thoughts:
Paragraph 2 is a bit of a tricky one, for two reasons! First, it doesn't explicitly state that it's pointing out problems with the current system—it just states problems with the current system. Second, it doesn't have transition language between the two problems, pivoting from one to the other without any linguistic indication. Sometimes, in RC, you'll need to find things that aren't explicitly stated in order to have a solid view of the structure of the passage!

Question prompt

It can be inferred Remaining source text redacted.
Why the credited answer is right

Credited answer: C

The notes below walk through why it fits the stem and how to eliminate the rest.

Question Type

Legal

Answer choices

  1. A
    The guidelines for applying Remaining source text redacted.
    Why choice A is not credited
    Incorrect. (Line 12) The passage notes that the current system has laws that are too vague, not too rigid.
  2. B
    Such statutes are incompatible Remaining source text redacted.
    Why choice B is not credited
    Incorrect. (Lines 29-31) The Author's solution to the problems noted in Paragraph 2 is to require judges to make their reasoning transparent. However, this isn't noted as being at odds with allowing individuals to petition a judge to recuse herself, so this answer about them being incompatible with the solution is incorrect.
  3. C
    Such statutes can fail Remaining source text redacted.
    Why choice C matches the stem
    Correct. Question Type:
    Must Be True

    Strategy Overview:
    Review where the Author discusses such statutes to identify a weakness, then find an answer reflecting it

    Answer Anticipation/Relevant Lines:
    The existence of such proceedings is brought up in Paragraph 1 (Lines 8-10), so they're a part of the current system. And we know that the Author presents weaknesses with the current system in Paragraph 2.

    There, two weaknesses are presented. First, the statutes are too vague (Line 12)—so it's possible that such proceedings don't have enough structure or guidance in the law to lead to recusal when it's warranted. Second, the focus on the appearance of bias may cause sources of real bias to be missed (Lines 22-24). Let's find an answer highlighting one of these two weaknesses.

    Answer Explanation:
    (Lines 22-24) The Author notes that the focus of current statutes on the appearance of bias might lead "sources of actual bias" to be missed by outside, potentially even by the judge. As such, the Author would believe these sources might be missed by outside observers such as other parties to the proceeding, making this the correct answer.

    Key Takeaway:
    Another question focused on the Author's problems with the current system! Many RC passages are generally about a traditional approach or belief facing a challenge and changing. That transition is usually key to the passage, and we're seeing that here—the problems with the current system are a key part of any transition to a new system!
  4. D
    Such statutes conflict with Remaining source text redacted.
    Why choice D is not credited
    Incorrect. (Lines 3-10) Paragraph 1 notes that current codes of conduct recuse themselves when they're biased, and that some allow for petitioning for recusal. Neither Paragraph 1 or 2 notes that these things are in conflict—the problems are with vagueness and the focus on appearance of bias.
  5. E
    There is no guarantee Remaining source text redacted.
    Why choice E is not credited
    Incorrect. (Line 36) The Author's solution includes the possibility that a request for recusal would be denied, so she doesn't believe that there needs to be a guarantee all such requests would be granted.

What this tests

Question analytics

Based on historical answer selection rates for this question.

Answer choice distribution

  1. A 1%
  2. B 18%
  3. C Credited 70%
  4. D 7%
  5. E 3%

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