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#104085
Complete Question Explanation

The correct answer choice is (D).

Answer choice (A):

Answer choice (B):

Answer choice (C):

Answer choice (D): This is the correct answer choice.

Answer choice (E):

This explanation is still in progress. Please post any questions below!
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 Claire.L
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#106107
Hello!

I was choosing between A and B, why A and B is incorrect and D is correct? Thank you!
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 Chandler H
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#106120
Claire.L wrote: Mon Apr 22, 2024 7:24 pm Hello!

I was choosing between A and B, why A and B is incorrect and D is correct? Thank you!
Hi Claire,

First, we want to situate the sentence in the context of the paragraph. The author is talking about how we want the law to deliver substantive justice. The author then acknowledges that we, as individual parties, won't always be happy, and says that someone must always lose in an adversarial system. However, the author writes, everyone involved should at least be able to accept that the outcome is justifiable according a common understanding of fairness.

Answer choice (A) is incorrect because the fact that someone must lose in an adversarial system of law doesn't emphasize anything about formalism; the author is trying to provide a definition of substantive justice, and is supplementing that definition with clarifications.

Answer choice (B) is also incorrect, because the original sentence doesn't imply that someone will view the outcome of a legal proceeding as unfair invariably, which means without exception; it merely implies that it's POSSIBLE that someone will view the outcome as unfair.

Finally, answer choice (D) is correct, because, as we said above, the author is trying to define substantive justice here. The author makes this caveat to make it clear what substantive justice is and is not.
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 Claire.L
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#106160
Hi Chandler,

Thank you so much! I got it!
Chandler H wrote: Tue Apr 23, 2024 4:10 pm
Claire.L wrote: Mon Apr 22, 2024 7:24 pm Hello!

I was choosing between A and B, why A and B is incorrect and D is correct? Thank you!
Hi Claire,

First, we want to situate the sentence in the context of the paragraph. The author is talking about how we want the law to deliver substantive justice. The author then acknowledges that we, as individual parties, won't always be happy, and says that someone must always lose in an adversarial system. However, the author writes, everyone involved should at least be able to accept that the outcome is justifiable according a common understanding of fairness.

Answer choice (A) is incorrect because the fact that someone must lose in an adversarial system of law doesn't emphasize anything about formalism; the author is trying to provide a definition of substantive justice, and is supplementing that definition with clarifications.

Answer choice (B) is also incorrect, because the original sentence doesn't imply that someone will view the outcome of a legal proceeding as unfair invariably, which means without exception; it merely implies that it's POSSIBLE that someone will view the outcome as unfair.

Finally, answer choice (D) is correct, because, as we said above, the author is trying to define substantive justice here. The author makes this caveat to make it clear what substantive justice is and is not.

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