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

The passage suggests that 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
    judicial bias will be Remaining source text redacted.
    Why choice A is not credited
    Incorrect. (Lines 52-53) The Author doesn't argue that requiring written explanations will eliminate bias. Instead, she argues that a judge that has "hidden reasons in mind" can't actually do harm, as their reasoning would be open for review. If they make up their mind based on biases, but there's an independent and rational reason for the judgment, then there's no harm. In short, the Author doesn't think that hidden bias is a problem—as long as there is solid reasoning behind the conclusion.
  2. B
    any faulty reasoning employed Remaining source text redacted.
    Why choice B matches the stem
    Correct. Question Type:
    Must Be True

    Strategy Overview:
    Find where the passage discusses the implications of requiring judges to provide written explanations of their reasoning to anticipate the specific answer

    Answer Anticipation/Relevant Lines:
    From our overall understanding of the passage, we know that the Author's solution to the problems presented by the current recusal system is to require judges to write out their reasoning for their decisions. This was presented in the second half of Paragraph 3, so that's the earliest we'll find an answer to this question.

    However, looking at Paragraph 3, we see that it focuses on the requirement, not the analysis of its implications. Those show up in Paragraph 4, where the Author deals with a potential objection to her recommendation.

    Heading there, we can see that the Author believes that knowledgeable observers could look for problems with the reasoning, preventing any harm that might occur from undetected bias (Lines 46-48). She also says that a judge might have biases that aren't disclosed in the reasoning, but that there's no harm if the reasoning is valid (Lines 50-54). Let's find an answer that aligns with these details.

    Answer Explanation:
    (Lines 46-48) The Author pivots from the potential objection (undetected bias) by stating that there's no problem as long as a "knowledgeable observer" can't find fault with the reasoning. This answer says as much, so this is the correct answer.

    Key Takeaway:
    When looking for specific information, narrowing it down to a specific paragraph is great. However, if that paragraph has multiple parts, then noting where the split happens and the role of each part can be key. Here, Paragraph 4 had two parts—the potential objection, and the Author's rebuttal. Knowing where the rebuttal started made it a lot easier for us to focus on that part of the paragraph, which is where we anticipated the answer would be stated.
  3. C
    judges' written explanations will Remaining source text redacted.
    Why choice C is not credited
    Incorrect. (Lines 44-46) This answer reflects the objection that the Author rebuts, and even then, it's stronger than what's stated in the passage in saying that most ("usually") written explanations will conceal the judge's real reasons.
  4. D
    the public perception of Remaining source text redacted.
    Why choice D is not credited
    Incorrect. (Line 5) While the passage is concerned with the appearance of impropriety, the Author doesn't predict anything about public perception of the judiciary when discussing her recommended solution.
  5. E
    judges will be motivated Remaining source text redacted.
    Why choice E is not credited
    Incorrect. (Lines 5-7) This is something said about the current system, not the system that the Author is recommending.

What this tests

Discussion

No threads yet—be the first to ask a question or share an approach.

View all discussions Start a discussion