PrepTest 143

[lcid:3669] Prep Test 143 LSAT — Reading Comp — S2 Reading comp

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

According to the passage, Remaining source text redacted.
Why the credited answer is right

Credited answer: B

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

Question Type

Legal

Answer choices

  1. A
    interfere with judges' reasoning Remaining source text redacted.
    Why choice A is not credited
    Incorrect. (Lines 17-19) The passage notes that bias might interfere with a judge's reasoning—it doesn't say the current rules will interfere with it.
  2. B
    fail to specify whose Remaining source text redacted.
    Why choice B matches the stem
    Correct. Question Type:
    Must Be True

    Strategy Overview:
    Find the section where the problems with the current rules are discussed, then find an answer reflecting one of them

    Answer Anticipation/Relevant Lines:
    Looking at our notes, we can see that Paragraph 2 was where the problems with the current system were noted. When such a list is brought up, we generally want to jot down a quick note describing each element on it.

    Here, we probably would have ended up with something like "vague" for the first one, and "apparent bias vs real bias" for the second. This should be more than enough to at least narrow down our answers, so let's head to the choices with that in mind.

    Answer Explanation:
    (Lines 15-16) This answer says that the current rules fail to specify something, which lines up with our anticipated answer that they're too vague. Heading back to the passage to check the details in this answer, we see more or less the same thing said in Lines 15-16, so this is the correct answer.

    Key Takeaway:
    In RC, problems should be noted, and listed items should be noted. So a list of problems should definitely be noted!
  3. C
    exaggerate the importance of Remaining source text redacted.
    Why choice C is not credited
    Incorrect. (Line 17) The passage noted that there's too much emphasis on appearance in the current rules, not too much emphasis on transparency. In fact, the Author argues later for more transparency in reasoning.
  4. D
    place responsibility for recusal Remaining source text redacted.
    Why choice D is not credited
    Incorrect. (Lines 8-10) The current rules in some places put the responsibility on judges, but there are others where a party can petition the court.
  5. E
    ignore the importance of Remaining source text redacted.
    Why choice E is not credited
    Incorrect. (Lines 16-18) The Author says that the current rules place too much emphasis on appearance—not that they ignore the importance of it.

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