Reading comp PrepTest 156 · Section 1 · Question 19

Passage

 Traditionally, corporate bankruptcy law placed highest priority on the orderly discharge of debts; courts generally ordered failed businesses to pay Remaining source text redacted.
Passage walkthrough
Passage Summary

Topic:
Legal Studies

Paragraph 1

  • Paragraph note
    • Old Approach/New Approach; arguments for old
  • Views, minor Meta-Structures, and the author's attitude
    • Old Approach: Bankruptcy's focus is repayment of creditors
    • New Approach: Bankruptcy's focus is restructuring to keep company in business
    • Jackson (Old Approach): Focus should be on repaying creditors as much as possible


Paragraph 2

  • Paragraph note
    • Korobkin criticizes Jackson/Old Approach
  • Views, minor Meta-Structures, and the author's attitude
    • Korobkin: Old Approach fails to take other stakeholders into account (customers, employees, suppliers)
    • Korobkin: Old Approach prevents benefits of company


Paragraph 3

  • Paragraph note
    • Korobkin: Principles for New Approach
  • Views, minor Meta-Structures, and the author's attitude
    • Korobkin: New Approach fair and acceptable
    • Principle 1, Inclusion: all affected individuals taken into account
    • Principle 2, Rational Planning Salvage potential: "rank" those affected and take care of most affected first


Paragraph 4

  • Paragraph note
    • Author's opinion
  • Views, minor Meta-Structures, and the author's attitude
    • Author: Korobkin/New Approach more equitable
    • Author - Significant weaknesses of Korobkin/New Approach
      • Creditors are put at higher risk, so they charge more for credit
      • Doesn't tell us how to "rank" how badly different groups affected


Main Point:

While Korobkin's modern approach to bankruptcy is more equitable than Jackson's traditional approach, it has significant weaknesses.



Key Lines (P(aragraph) X, S(entence) Y)?

P1, S1 - Old Approach
P1, S2 - New Approach
P1, S3 - Argument for Old Approach
P2, S1 - Old Approach criticized
P3, S1 - New Approach benefits
P3, S2 - One principle of New Approach
P3, S3 - Second principle of New Approach
P4, S1 - Author's opinion of New Approach (and comparison to Old Approach)



Meta-Structure?

Old Approach/New Approach: The opening two sentences of this passage present a traditional and modern approach to bankruptcy law, setting this up as an Old Approach/New Approach passage. The rest of the passage discusses the benefits and criticisms of these approaches, meaning this Meta-Structure defines the passage. When a passage falls into this Meta-Structure, the author's opinion of the New Approach is generally the main point. Here, that opinion is most clearly stated in P4, S1: the New Approach is more equitable than the Old Approach, but it has some significant weaknesses. (See Last Thoughts? for a bit more on this.)



Last Thoughts?

Check the first sentence of Paragraph 4 again — it's a bit trickier than it might first appear, for two reasons. First, it compares the Old Approach and New Approach, but only on equity. The second part of the sentence claims that the New Approach has significant drawbacks, but it doesn't say that these drawbacks are more significant than the Old Approach's drawbacks. Which brings us to our second point: this passage can feel like a Resolving a Debate passage, but the author doesn't resolve the debate as to which of the two approaches is better. The author argues the New Approach is more equitable than the Old Approach but the New Approach also says it has downsides. The author never concludes whether we should go with the Old Approach, the new one, or a hybrid approach. As such, the main point of this passage is the author's opinion of the New Approach, not a recommendation or endorsement of one of the two approaches.

Question prompt

The primary purpose of 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
    provide criticisms of the Remaining source text redacted.
    Why choice A matches the stem

    Question Type:
    Argument Structure

    Strategy Overview:
    Review our note on the role of Paragraph 4, then find an answer reflecting it

    Answer Anticipation/Relevant Lines:
    After reading each paragraph, we should take a few seconds to note or reflect on its role. Doing so will help us track the author's argument, find details for questions, and directly answer Argument Structure questions like this one.

    Looking at our note on Paragraph 4, we see that we tagged its role as presenting the author's opinion. That opinion? The New Approach is more equitable than the Old Approach, but it has some drawbacks. Let's find an answer reflecting this purpose.

    Answer Choice Explanation:
    Paragraph 3 brought up Korobkin's view, and Korobkin favored the new bankruptcy law approach that allowed businesses to continue operating. In Paragraph 4, the author stated that this approach is more equitable but not without significant downsides. The author then proceeded to list those downsides. So the author wrote the paragraph to criticize Korobkin's New Approach, making this the correct answer.

    Key Takeaway:
    This question addresses an interesting wrinkle in the passage, and one that we've seen in other places. When there is a debate between two sides, be very careful to categorize correctly the arguments being made by each side. In general, the two sides can take two approaches to their argument: either criticize the other side or argue for their side. Here, Jackson only does the latter. Korobkin does the former in P2 and the latter in P3. Noting the different roles of those paragraphs was one key element in eliminating (C).

  2. B
    offer evidence that the Remaining source text redacted.
    Why choice B is not credited
    While the author does criticize the principles from P3 (noting that, for example, that Korobkin fails to state how the second principle can be applied), the author never claims that the Old Approach would serve those principles better. In fact, the author seems to accept that the Old Approach doesn't care about inclusion or rational planning at all — and it even appears as if Jackson would agree with that, saying that those are bad principles around which to build bankruptcy law!
  3. C
    refute the argument attributed Remaining source text redacted.
    Why choice C is not credited
    This is a tricky answer that can seem to be very similar to (A), the correct answer. However, there are two things wrong with it. First, Korobkin's argument in P2 is about why the Old Approach is bad. In P4, the author argues against the New Approach, but doesn't defend the Old Approach from criticism. Second, "refute" (which means "disprove") is too strong here, as the author says that the New Approach is better in at least one way (more equitable) despite some downsides. Each of these reasons is individually enough to eliminate this answer.
  4. D
    offer an alternative way Remaining source text redacted.
    Why choice D is not credited
    P4 brings up a benefit and some weaknesses of the New Approach, but it doesn't include the author's solutions or alternative approaches, so this answer is incorrect.
  5. E
    suggest refinements to the Remaining source text redacted.
    Why choice E is not credited
    P4 brings up weaknesses of the New Approach, but it doesn't suggest how to refine those laws to address those weaknesses. Pointing out a flaw isn't the same as suggesting refinements — at most, it's suggesting that refinements might be appropriate.

What this tests

Question analytics

Based on historical answer selection rates for this question.

Answer choice distribution

  1. A Credited 82%
  2. B 4%
  3. C 11%
  4. D 2%
  5. E 1%

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