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For 16th, from what I understand now is the following:
The paragraph says that - "a will may be declared null and void..... application of that rule precludes from consideration substantive arguments"
So when a judge applies a legal rule, then only formal reasons have to be considered and substantive reasons are ignored.
But the passage does not describe the case what happens when the rule is not applied. It can be inferred that if a judge were not to invoke such a legal rule or law, then substantive arguments are free to be considered.
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Hi Expert,

Please explain the answer for the Question3.

Thank you.
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Explanation

3. From the discussion of wills in the third paragraph it can be inferred that substantive arguments as to the validity of a will might be considered under which one of the following circumstances?

Explanation

Para 3 suggests that substantive reasons are only taken into account when judges decide that exceptions to formal reasons, or “stipulated requirements,” are permissible because the legality of a law is still open to question. In the case of a will, then, substantive reasons about its validity would be taken into account only if a judge reasoned that the formal provision (that a will must be witnessed in writing) could be waived because its legality had not yet been established. (E) alone outlines such a scenario.

No other choice waives the “stipulated requirement” that a will must be witnessed in writing.

• If a question baffles you, scan the answers for a choice that looks different from the others, as (E) looks here. Then evaluate that choice on its own merits.

Answer: E

ballest127
Hi Expert,

Please explain the answer for the Question3.

Thank you.
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Why D can't be the answer for Question no 7?
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ballest127
Hi Expert,

Please explain the answer for the Question3.

Thank you.
ballest127, let us know if you still have a question about that one after reading the explanation that SajjadAhmad posted?

CerCap
Why D can't be the answer for Question no 7?

Quote:
7. According to the passage, which one of the following statements about substantive reasons is true?

(A) They may be written into laws, but they may also exert an external influence on the law.
(B) They must be explicitly written into the law in order to be relevant to the application of the law.
(C) They are legal in nature and determine particular applications of most laws.
(D) They often provide judges with specific rationales for disregarding the laws of the land.
(E) They are peripheral to the law, whereas formal reasons are central to the law.
Substantive reasons might go against the "wooden" (i.e. "literal") interpretation of a law, but they are not used to convince judges to disregard the law. On the contrary, someone using substantive reasons would argue that such reasons are consistent with the intended purpose of the law (as demonstrated by the jeep example)--and that a rigid, literal interpretation of the law might in fact go against the intended purpose.

In using substantive reasons, we aren't trying to get the judge to ignore or disregard the law. We just don't want the judge to interpret the law too literally.

Now let's look at choice (A). We are specifically told that substantive reasons are found "in the law". Also, the third paragraph states, "... even when substantive reasons are explicitly incorporated into the law at hand..." This tells us that substantive reasons can be explicitly incorporated into laws (i.e. that they may be written into laws). So that takes care of the first part of (A).

As for the second part of (A), we are told that substantive reasons are found "outside the law" (external) and that they "inform the content of a large part of the law". In the jeep example, "no specific rationales or purposes were explicitly written into this statute." Most judges would find the defendants not guilty, not because of what was written into the statute but because of the external influence of substantive reasons.

(A) is a much better answer than (D).
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SajjadAhmad

Hi,

I got Q1 and Q5 wrong, can i possibly see the OE for these please ?

Thanks,
K
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SajjadAhmad

Hi,

I got Q1 and Q5 wrong, can i possibly see the OE for these please ?

Thanks,
K

Explanation

1. Which one of the following best describes the content of the passage as a whole?

Difficulty Level: 650

Explanation

Straightforwardly encompasses the correct topic, scope, and purpose of the passage. Should be a slam dunk.

(A) is beyond the scope, way too broad. The text focuses on one specific difference between the legal systems, not multiple ones. Moreover, the text doesn’t go into any specific similarities between the two, it just suggests that they exist.

(B) is less broad than (A), but not by much. (B)’s noun is off. A “reevaluation” would suggest that the author’s got a definite point of view; this author’s purpose, however, is descriptive rather than argumentative. Secondly, what’s the initial evaluation of which this is a “re-”? Finally, this choice doesn’t refer at all to the topic and scope of the text.

(D) also hinges on a poor noun. The text describes; it doesn’t explain. And, again, there’s no reference to the American and English legal systems, let alone to a basic difference between them.

(E), like (B) and (D), fails to mention the American and English legal systems. It also misrepresents the author’s purpose, which is to sharply contrast two types of legal reasons.

Answer: C

5. Which one of the following best describes the function of the last paragraph of the passage?

Difficulty Level: 650

Explanation

Nicely summarizes — albeit in abstract terms — the function of the last para.

Last Lines of the passage:

examples of formal and substantive reasoning. On the one hand, formal reasoning in England has led to wooden interpretations of statutes and an unwillingness to develop the common law through judicial activism. On the other hand, freewheeling substantive reasoning in the United States has resulted in statutory interpretations so liberal that the texts of some statutes have been ignored altogether.

Describe the legal consequences for America and England, respectively, of “extreme interpretations” of substantive and formal reasons. The four remaining choices all misrepresent the last para’s function, which isn’t to comment on the validity of legal scholars’ methods or views. It certainly isn’t to comment negatively on legal scholars, and notice that inaccuracy or blunder is a common theme among all four wrong answers.

In Para 3, the author simply mentions legal scholars in order to introduce the point that extreme interpretations of substantive and formal reasons have had a significant impact on the American and English legal systems, respectively.

Answer: A

Hope it helps
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Bumping up for further discussion.
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Option A also serves the same purpose. If a written witness is not in the format of the will, then legality is in question.
Sajjad1994
Explanation

3. From the discussion of wills in the third paragraph it can be inferred that substantive arguments as to the validity of a will might be considered under which one of the following circumstances?

Explanation

Para 3 suggests that substantive reasons are only taken into account when judges decide that exceptions to formal reasons, or “stipulated requirements,” are permissible because the legality of a law is still open to question. In the case of a will, then, substantive reasons about its validity would be taken into account only if a judge reasoned that the formal provision (that a will must be witnessed in writing) could be waived because its legality had not yet been established. (E) alone outlines such a scenario.

No other choice waives the “stipulated requirement” that a will must be witnessed in writing.

• If a question baffles you, scan the answers for a choice that looks different from the others, as (E) looks here. Then evaluate that choice on its own merits.

Answer: E

ballest127
Hi Expert,

Please explain the answer for the Question3.

Thank you.
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Agarwal2003
Option A also serves the same purpose. If a written witness is not in the format of the will, then legality is in question.

A written witness might be a requirement for a will, but it wouldn't be an aspect of the will's format.

The format of a document could refer to the medium (paper versus electronic, for example) or perhaps to the stylistic aspects (font, layout, etc.). The consideration of substantive arguments has nothing to do with format specifications, so (A) is out.
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