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LSAT Preptest 153, Section 4, Question 21

Passage 3: Judicial Sincerity

Explanation

A. The analogy regarding juries does not correspond to the nuanced discussion of judicial candor in Passage B.


B. The tension between artistic constraints and creativity does not capture the essence of the claim about judicial candor in Passage B.


C. (Correct Response) Passage B states that without candor, the restraints on abuse of power are useless because those restraints would not address the actual rationale. Similarly, debating the relevance and sufficiency of scientific theories would not be useful if we cannot presume that the data is accurate. The data is analogous to the candor, while the debate is analogous to the restraints.


D. The notion of deception as a part of competition does not align with the premise in Passage B that suggests judges' decisions, even if not entirely candid, serve a vital function in the judicial process.


E. The doctor-patient scenario regarding the discussion of side effects is not analogous to the claim in Passage B about the role of candor in judicial decision-making.

The point in Passage B about the importance of reasons for decisions that can be debated, attacked, and defended, even if the judges themselves may not fully endorse those reasons, can be seen as parallel to the idea that scientific data must be presumed accurate for it to underpin relevant and sufficient support for a theory.

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