Reading comp PrepTest 143 · Section 2 · Question 9

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

Which one of the Remaining source text redacted.
Why the credited answer is right

Credited answer: A

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

Question Type

Legal

Answer choices

  1. A
    to state the author's Remaining source text redacted.
    Why choice A matches the stem
    Correct. Question Type:
    Argument Structure

    Strategy Overview:
    Review our role note for Paragraph 2, then find an answer that lines up with it

    Answer Anticipation/Relevant Lines:
    Heading straight to our role note for Paragraph 2, we said that the Author presented problems with the current recusal system. We just reviewed these for the last question, but to reiterate, there were too—they're too vague, and they focus too much on appearances. This was done to back up the main point—that there should be a shift to requiring judges to publish their reasoning for their decision to recuse or their ultimate judgment in their case if they don't.

    Let's find an answer reflecting this role.

    Answer Explanation:
    (Lines 1-3; Line 12; Lines 16-18) The Author presents two problems with the current recusal system, which is outlined in Paragraph 1. These objections are in service of her main point. This answer is therefore correct.

    Key Takeaway:
    We're two questions in, and both asked about the problems with/objections to the current system. This should tell you something—that problems raised in an RC passage are important and should always be noted while reading!
  2. B
    to present a solution Remaining source text redacted.
    Why choice B is not credited
    Incorrect. (Lines 31-33) It's in Paragraph 3 that a solution is presented, and that solution isn't ruled out in the following paragraph—it's strengthened by addressing a potential objection. While a passage could have brought up a solution that the Author rejects before presenting her own, that doesn't happen here.
  3. C
    to provide concrete examples Remaining source text redacted.
    Why choice C is not credited
    Incorrect. (Line 12; Lines 16-18) First, Paragraph 1 doesn't present any problems. Second, Paragraph 2 doesn't have any concrete examples, which would require the discussion of a specific case/recusal decision.
  4. D
    to explore the history Remaining source text redacted.
    Why choice D is not credited
    Incorrect. The passage doesn't go into the history of the recusal system that led to the development of the current one, so this answer is completely out of scope.
  5. E
    to state the thesis Remaining source text redacted.
    Why choice E is not credited
    Incorrect. (Lines 29-31) A recommendation or solution presented by the Author will almost always serve as the main point/thesis of the passage, and that shows up in Paragraph 3, not Paragraph 2.

What this tests

Question analytics

Based on historical answer selection rates for this question.

Answer choice distribution

  1. A Credited 77%
  2. B 1%
  3. C 11%
  4. D 1%
  5. E 10%

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