Reading comp PrepTest 143 · Section 2 · Question 14

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

The author would be Remaining source text redacted.
Why the credited answer is right

Credited answer: E

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

Question Type

Legal

Answer choices

  1. A
    The standards in place Remaining source text redacted.
    Why choice A is not credited
    Incorrect. The Author does mention the appearance of impropriety, but she never mentions what the public actually think about the legal system, so this answer is out of scope.
  2. B
    The professional codes of Remaining source text redacted.
    Why choice B is not credited
    Incorrect. (Lines 3-5) The Author brings up these professional codes of conduct, but she never states how judges feel about them.
  3. C
    Judges are rarely removed Remaining source text redacted.
    Why choice C is not credited
    Incorrect. (Lines 5-7; Lines 22-24) The Author does discuss judges who are biased failing to be recused, but she never discusses judges who are removed despite not having biases. If anything, in stating that there's a focus on even the appearance of bias, she suggests that judges are removed when there isn't a bias but there appears to be.
  4. D
    Judges are rarely allowed Remaining source text redacted.
    Why choice D is not credited
    Incorrect. (Lines 5-7; Lines 22-24) Similar to (C), this answer speaks too specifically on frequency of outcomes ("rarely"). The passage itself is silent as to how often a biased judge is allowed to sit on a case, or an unbiased judge is removed.
  5. E
    Judges are sometimes removed Remaining source text redacted.
    Why choice E matches the stem
    Correct. Question Type:
    Must Be True

    Strategy Overview:
    Review the Author's opinion of the current recusal system

    Answer Anticipation/Relevant Lines:
    We circle yet again back to Paragraph 2! That's where the Author highlighted her problems with the current system, and we've gotten a lot of mileage out of noting that.

    There, the Author presented two primary objections. First, the current rules are too vague to provide adequate guidance, failing to even state whose viewpoint or interpretation should be used to view the facts (Lines 12-16). Second, they focus too much on the appearance of bias (Lines 16-18), leaving open the possibility that actual bias that's not outwardly obvious could be overlooked (Lines 22-24).

    The correct answer should line up with these problems.

    Answer Explanation:
    (Lines 5-7; Lines 22-24) First, note the difference in language between this answer and answers (C) and (D). Those answers said something "rarely" happens, while this answer talks about things that "sometimes" happen. The former requires a statement of frequency, while the latter just requires a statement that it happens. And we have statements backing up both parts of these answers. The Author keeps harping on the current system focusing on the appearance of bias instead of bias itself, so she believes that it sometimes happens that a judge who appears biased isn't, but is still removed from a case. And she ends Paragraph 2 by noting that focusing on appearances may cause actual bias that's not outwardly obvious to be overlooked. This answer is therefore correct.

    Key Takeaway:
    Here's a general rule of thumb—on RC, weaker is better. This is because weaker statements require less evidence to back up. Here, we had three answers that were rather similar, but two were stronger than the third ("rarely" versus "sometimes"). That's a point in favor of the third answer!

What this tests

Question analytics

Based on historical answer selection rates for this question.

Answer choice distribution

  1. A 28%
  2. B 2%
  3. C 7%
  4. D 4%
  5. E Credited 59%

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