Hi everyone,
Got 6/8 correct in 15:40 minutes, including 4:30 minutes to read and 11:10 minutes to answer the questions.
------------------------------------------------------------------------------------------------------------------------------------------------P1In paragraph one the author wants to highlight the impact of history on common law in modern England. Such link has to do with the terminology used and some customs that are still in use.
Purpose: To stress the relation between history and common law in modern England.
P2In this paragraph the author highlights a contrast: though history as a meaningful impact on common law, the way that Jurisprudence is studied does not take into account such significance.
Then the author proceeds by giving us 2 reasons for this paradox: theoretical and political.
Purpose: To highlight a paradox and explain the reasons behind it.
P3In the last paragraph the author introduces the view of PG, according to whom law is always hanging and evolving.
Purpose: To present PG's view on common law and the impact of history on it.
Main pointThe main point of this passage is to present the impact of history on common law, discard a wrong approach to jurisprudence and to present a view that takes into consideration the impact of history.
------------------------------------------------------------------------------------------------------------------------------------------------1. Which one of the following statements best expresses the main idea of the passage?
Pre-thinking
Main point question
The main point of this passage is to present the impact of history on common law, discard a wrong approach to jurisprudence and to present a view that takes into consideration the impact of history.
(A) The residual influences of common law explain not only the divisions of subject matter but also the terminology associated with many legal procedures.
Partial scope (P1)(B) In the academic study of jurisprudence, theoretical interpretations of common law have traditionally been at odds with political interpretations of common law.
Incorrect(C) Common law,
while often treated as an oral history of the English people, would, according to one scholar, be more fruitfully studied as a universally adaptable and constantly changing system of rules.
Inconsistent(D) Although obviously steeped in history and tradition, common law has seldom been studied in relation to its development, as one theorist proposes that it be understood.
In line with pre-thinking(E) Although usually studied as a unitary and logical system of rules and norms,
the history of common law shows that body of law to be anything but consistent and fair.
incorrect2. It can be inferred that the author of the passage believes which one of the following about the history of law in relation to modern jurisprudence?
Pre-thinking
Inference question
What we know is that the author believes that such approach is wrong. Let's evaluate the options accordingly.
(A) Modern jurisprudence misinterprets the nature of the legal tradition.
Though I found this option a little "funky", Option A says that Modern Jurisprudence does something wrong. This inference sets us to a good path already.
Next, if we look at the beginning of P2 we an find the information from which we can infer this statement:
those interpretive theories that do acknowledge the antiquity of common law ignore the practical contemporary significance of its historical forms.
(B) The history of law proves the original forms of common law to be antiquated and irrelevant to modern jurisprudence.
Cannot be inferred(C) The history of law, if it is to be made applicable to modern jurisprudence, is best studied as a system of rules rather than as a literary text.
(D) Mainstream theories of modern jurisprudence overlook
the order and coherence inherent in legal history. This option an be classified as an out of context option .
The notion of jurisprudence as a system of norms or principles deemphasizes history in favor of the coherence of a system.
Here is where coherence is used but such usage in option D is wrong. (E) Mainstream theories of modern jurisprudence, by and large devoid of a sense of legal history,
are unnecessarily dispiriting to students and the public alike.
Another out of context option.
even if history shows the legal tradition to be far from unitary and seldom logical, the prestige of the legal institution requires that jurisprudence treat the tradition as if it were, in essence, the application of known rules to objectively determined facts. To suggest otherwise would be dispiriting for the student and demoralizing for the public.
3. Which one of the following would best exemplify the kind of interpretive theory referred to in the first sentence of the second paragraph of the passage?
Pre-thinking
Analogous statement question
From P2: those interpretive theories that do acknowledge the antiquity of common law ignore the practical contemporary significance of its historical forms.
(A) a theory that traced modern customs involving property ownership to their origins in medieval practice
not analogous (B) a theory that relied on a comparison between modern courtroom procedures and medieval theatrical conventions
close but it is just a comparison(C) a theory that analyzed medieval marriage laws without examining their relationship to modern laws
Correct(D) a theory that compared the development of English common law in the twentieth century with simultaneous developments in German common law without examining the social repercussions of either legal system
Comparisons between the english and german situations are irrelevant(E) a theory that compared rules of evidence in civil courts with those in criminal courts
irrelevant
4. It can be inferred from the passage that Peter Goodrich would be most likely to agree with which one of the following statements concerning common law?
Pre-thinking
Inference question
We need to evaluate the options
(A) Common law is more fruitfully studied as a relic of the history of the English people than as a legal code. A relic? No, it is evolving every day
(B) The “text” of common law has degenerated from an early stage of clarity to a current state of incoherence. Cannot be inferred
(C) Without the public’s belief in the justness of common law, the legal system cannot be perpetuated. Cannot be inferred
(D) While rich in literary significance, the “text” of common law has only a very limited applicability to modern life. Cannot be inferred
(E) The common law “text” inherited by future generations will differ from the one currently in use. Of course. If the common law text is continually evolving we can easily infer this option.
------------------------------------------------------------------------------------------------------------------------------------------------5. Which one of the following best defines the word “political” as it is used in the second paragraph of the passage?
Pre-thinking
Inference question
From P2: In political terms, believing in the logic of law is a necessary part of believing in its fairness; even if history shows the legal tradition to be far from unitary and seldom logical, the prestige of the legal institution requires that jurisprudence treat the tradition as if it were, in essence, the application of known rules to objectively determined facts. To suggest otherwise would be dispiriting for the student and demoralizing for the public.
Here the term political has to do a lot with the appearance. If the appearance is maintained, then student won't be dispirited and the public won't be demoralized
(A) concerned with the ways by which people seek to advance themselves in a profession
out of scope(B) concerned with the covert and possibly unethical methods by which governments achieve their goals
out of scope(C) having to do with the maintenance of ethical standards between professions and the citizenry
this is a trap answer. Yes, the passage deals with something ethical but the goal is to hide something bad from the eyes of students and public so that they think everything is okay. So in political terms, the maintenance of ethical standards is not an issue. Out (D) having to do with the maintenance of an institution’s effectiveness
This option sounds right. If a good appearance is maintained, then the whole system works better. (E) having to do with the manner in which institutions are perceived by radical theorists
completely out of scope6. The passage states that students of British law are frequently required to study
Pre-thinking
Detail question
From P1: Students of contemporary British law are frequently required to study medieval cases
(A) histories of English politics
(B) episodes of litigation from the Middle Ages
(C) treatises on political philosophy
(D) histories of ancient Roman jurisprudence
(E) essays on narrative development
7. Which one of the following best describes the author’s opinion of most modern academic theories of common law?
Pre-thinking
Author's opinion question
The author clearly thinks that such studies lack of something. That something is the significance of the link between history and common law.
(A) They are overly detailed and thus stultifying to both the student and the public.
(B) They lack an essential dimension that would increase their accuracy.
(C) They overemphasize the practical aspects of the common law at the expense of the theoretical.
(D) They excuse students of the law from the study of important legal disputes of the past.
(E) They routinely treat the study of the law as an art rather than as a science.
------------------------------------------------------------------------------------------------------------------------------------------------8. The primary purpose of the passage is to
Pre-thinking
Purpose question
The main point of this passage is to present the impact of history on common law, discard a wrong approach to jurisprudence and to present a view that takes into consideration the impact of history.
(A) explain a paradoxical situation and discuss a new view of the situation
Correct, the paradoxical situation is represented by the current methodology of studying law and the link that is overlooked by such study methodology. The new view is represented by Godrich's point of view(B) supply a
chronological summary of the history of an idea
Incorrcet (C) trace the ideas of an influential theorist and evaluate the theorist’s ongoing work
too limited to be the purpose of this passage. Plus there is no evaluation of the theorist. Lastly on going work is inconsistent(D) contrast the legal theories of past eras with those of today and suggest how these theories should be studied
out of scope(E) advocate a traditional school of thought while criticizing a new trend
quite opposite Can i get the OE for Q4. The last option is pretty close, but the "will" put me off. It sounds like what the option is suggesting is
. Agreed that Peter Goodrich is arguing for it but why would he agree to the fact that this will definitely happen, he is just saying that it should whereas in today's day and age it is not happening.
close
04 Jul 2019, 10:56
