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# In the earliest stages of the common law, a party could have a case he

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SVP
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In the earliest stages of the common law, a party could have a case he  [#permalink]

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02 Dec 2017, 06:42
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Difficulty:

25% (medium)

Question Stats:

72% (01:40) correct 28% (02:05) wrong based on 252 sessions

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In the earliest stages of the common law, a party could have a case heard by a judge only upon the payment of a fee to the court, and then only if the case fit within one of the forms for which there existed a writ. At first the number of such formalized cases of action was very small, but judges invented new forms which brought more cases and greater revenues. Which of the following conclusions is most strongly suggested by the paragraph above?

(A) Early judges often decided cases in an arbitrary and haphazard manner.
(B) In most early cases, the plaintiff rather than the defendant prevailed.
(C) The judiciary at first had greater power than either the legislature or the executive.
(D) One of the motivating forces for the early expansion in judicial power was economic considerations.
(E) The first common law decisions were inconsistent with one another and did not form a coherent body of law.

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Re: In the earliest stages of the common law, a party could have a case he  [#permalink]

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03 Dec 2017, 01:57
Ans : B.In most early cases, the plaintiff rather than the defendant prevailed.
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Re: In the earliest stages of the common law, a party could have a case he  [#permalink]

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12 Dec 2017, 14:21
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Old forms -- now new forms
Less cases -- now more cases

Earlier less number of cases were there because less cases will fit in one of the forms for which there existed a writ, resulting in less number of defendants be called in court. So plaintiffs should prevail. That's how I concluded B.

Open for discussion.

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Re: In the earliest stages of the common law, a party could have a case he  [#permalink]

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13 Dec 2017, 07:26
can someone explain why d is the correct answer choice?
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Re: In the earliest stages of the common law, a party could have a case he  [#permalink]

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09 May 2018, 07:58
RashmiT wrote:
can someone explain why d is the correct answer choice?

A case could be heard ONLY on payment. - Payment is important.
A case could be filed ONLY if it comes under ONE Category.

Judges redefined this category to Categories, Increasing cases thereby increasing payment revenues.

- > Now They were motivated either by Economic considerations - Money or Cases to solve.

Even though I am not inclined towards D. D is the only option that has some relevance. To the stated premises.
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Re: In the earliest stages of the common law, a party could have a case he  [#permalink]

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10 May 2018, 11:58
Kavitagmatprep wrote:
Ans : B.In most early cases, the plaintiff rather than the defendant prevailed.

B is out of scope as the premise does not mention anything about the plaintiff or defendant. D is the correct answer.
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Re: In the earliest stages of the common law, a party could have a case he  [#permalink]

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12 May 2018, 03:00
In the earliest stages of the common law, a party could have a case heard by a judge only upon the payment of a fee to the court, and then only if the case fit within one of the forms for which there existed a writ. At first the number of such formalized cases of action was very small, but judges invented new forms which brought more cases and greater revenues. Which of the following conclusions is most strongly suggested by the paragraph above?

(A) Early judges often decided cases in an arbitrary and haphazard manner.
(B) In most early cases, the plaintiff rather than the defendant prevailed.
(C) The judiciary at first had greater power than either the legislature or the executive.
(D) One of the motivating forces for the early expansion in judicial power was economic considerations.
(E) The first common law decisions were inconsistent with one another and did not form a coherent body of law.

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A) Not true: because a system was there for enlisting the cases..
B) Not true: Nothing is said about the decisions. It only talks about the way cases were heared or how and when..
C) Not True: nothing is said about legislature or the executive
D) As you see first line said only payment received cases were heard, means money matterd
D) Not true: nothing this sort of mentioned in here..

Ans: D
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Re: In the earliest stages of the common law, a party could have a case he &nbs [#permalink] 12 May 2018, 03:00
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