Bunuel
It has become apparent in recent Supreme Court rulings that the rights of an individual to privacy are considerable but not absolute, and that such rights are particularly weakened when exigent circumstances are present.
(A) the rights of an individual to privacy are considerable but not absolute, and that such rights are particularly weakened when exigent circumstances are present
(B) an individual's right to privacy is considerable but not absolute, and that such a right is particularly weakened when exigent circumstances are present
(C) individuals' rights to privacy are considerable but not absolute, and that, when exigent circumstances are present, they make such rights particularly weaken
(D) considerable but not absolute rights to privacy are given to an individual, and that exigent circumstances particularly weaken such rights
(E) the Court considers individual rights as considerable if not absolute, and that such rights are particularly weakened when exigent circumstances are present
KAPLAN OFFICIAL EXPLANATION:
The original sentence is certainly wordy but it's not grammatically incorrect. Therefore, scan the other choices for grammatical errors: they make such rights particularly weaken is not idiomatically correct word order or correct use of the verb to weaken, so eliminate (С). (E) changes the meaning of the original sentence; if not absolute suggests that the rights are possibly absolute. The remaining choices lack grammatical errors, but (A) and (D) are stylistically flawed. The rights of an individual to privacy in (A) and rights to privacy are given in (D) are wordier and less direct than an individual's right to privacy in (B). While (B) still contains the passive is weakened construction, it presents the most direct option, and is therefore our winner.
An 800 test taker understands that the passive voice does not itself constitute a grammatical error and only eliminates such a choice when there is a grammatically correct alternative in the active voice