Reading comp PrepTest 143 · Section 2 · Question 13
Passage
Passage walkthrough
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 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 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 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)
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
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
Answer choices
-
Athe reasoning leading to Remaining source text redacted.
Why choice A is not credited
Incorrect. (Lines 38-39; Lines 43-45) Under the Author's system, a judge wouldn't provide reasoning if they decided against recusal, instead providing their reasoning for the decision in the case. The objection is against this reasoning in the case, so this answer is incorrect. -
Ban argument that is Remaining source text redacted.
Why choice B is not credited
Incorrect. (Lines 46-47) The Author does bring up a "knowledgeable" observer, suggesting that the person analyzing the judge's decision has some type of legal training. But, if anything, the judge's fake reasoning would try to confuse with technical jargon—not the hidden reasoning that is unstated in their opinion. -
Creasoning that is motivated Remaining source text redacted.
Why choice C matches the stem
Correct. Question Type:
Must Be True (Principle)
Strategy Overview:
Review the statement describing "real reasoning," determine what it means, and then find an answer that aligns with that determination
Answer Anticipation/Relevant Lines:
We're treating this as a Must Be True (Principle) question because it's asking us to take a concept described in the stimulus and find an application of it. That's more or less what a Must Be True (Principle) question asks us to do. When tasked with applying a definition or finding an example of a general concept, you can approach it as you would a Must Be True (Principle) question.
Looking at our notes, the first sentence of Paragraph 4 is where the potential objection to the Author's recommendation is brought up. That objection is that a judge could hide their "real reasoning" behind the reasoning that they write up in deciding the case. So, in other words, the judge is reaching a decision for reason X, but she says that she reached that decision for reason Y.
This is in the context of being worried about judges having hidden biases (Line 7; Lines 9-10; Lines 20-21; and, most relevantly, Line 46!). So the hidden reasons that the objectors here worry about would be ones based on the biases of the judges. Let's find an answer reflecting that!
Answer Explanation:
(Line 46) The objection raised is that the judge might write a rationale that doesn't reflect their "real reason," and thus there might be "undetected bias." As such, the objection is that the real reason might be based in bias. This answer is an example of that—a ruling that's based on person bias against the defendant. This answer is therefore correct.
Key Takeaway:
When a question asks you to find an example of a concept raised in the passage, you can treat it as you would a Must Be True (Principle) question. Your principle is the concept in question, and you have to then find an answer that lines up with it. -
Dreasoning that a knowledgeable Remaining source text redacted.
Why choice D is not credited
Incorrect. (Lines 46-47) The objection worries about an outwardly reasonable decision that hides a judge's bias underneath. As such, the fake reasoning in this objection would be valid, not the real reasoning. -
Ea central legal principle Remaining source text redacted.
Why choice E is not credited
Incorrect. (Lines 45-46) The objectors are worried about the "real reasoning" being hidden and thus hiding an undetected bias. As such, it wouldn't include something that is referred to in the written explanation.
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