#26 - Global Reference, Must Be True

[Administrator]

Complete Question Explanation
(See the complete passage discussion here: lsat/viewtopic.php?t=11646)

The correct answer choice is (B)

This Global Reference question is not conducive to prephrasing, so we must apply the Fact Test to locate the correct answer to this Must Be True question. Only correct answer choice (B) is supported by the information in the passage. Throughout the passage (lines 13-15, 21-23, and 51-55, e.g.) the author points out that eighteenth century evidence law was “bizarre” by modern standards, and that far less valuable evidence is excluded from presentation under modern law (making the modern approach far less rigid). None of the other answer choices are supported by the passage, confirming the correct response to be answer choice (B).

[est15]

Could you explain why C is incorrect? Since current laws today use Bentham's nonexclusion principle, I thought that showed that laws regarding evidence don't all derive from the old common-law doctrines.

[Steve Stein]

Hi,

That's a good question. The author provides in the first paragraph that by the time Bentham got involved, "most components of modern evidence law had been assembled." Bentham argued for exceptions to established rules of exclusion. But there is no discussion of current laws that did not somehow derive from some common law doctrine.

I hope that's helpful! Please let me know whether this is clear--thanks!

~Steve

[cardinal2017]

What about D?

The passage says most components of modern evidence law had been assembled late in the eighteenth century and so I thought

I thought late 18th century marked the beginning of evidence law!

is it because it is not 'MODERN?'

[Luke Haqq]

Hi cardinal2017!

This question is asking for what must be true based on the passage. One thing you can do on questions like these is to go back to the passage and verify your thought/intuition. So if you thought that the 18th century marked the beginning of evidence law, you should be able to point to language in the passage saying something close to that.

Regarding (D), about the 18th century marking the beginning of evidence law, the only mention I see of the 18th century is "... late in the eighteenth century, most components of modern evidence law had been assembled" in the first sentence of the passage. Answer (D) isn't the correct one because it's information not contained in the passage--it doesn't appear the passage says anything about dating the origins of evidence law as whole. Rather, the passage is focusing specifically on the development by Bentham of topics within evidence law.

The question stem is a general one, asking test takers to look at the passage as a whole. Answer (B) is right because the first half of the passage is concentrating on things like evidence being "mechanically excluded" or there being a "morass of evidentiary technicalities." By contrast, the passage notes around lines 50-55 that "the approach underlying modern evidence law began to prevail soon after Bentham’s death: relevant evidence should be admitted unless there are clear grounds of policy for excluding it." This latter standard--which it dubs the "modern" standard, is clearly more permissible and flexible, in contrast with the irrational, mechanical applications of law to specific cases described in the first part of the passage.

[swong1267]

Why is A incorrect?

[nicholaspavic]

Hi swong,

This is one of those RC questions where if you were in my class I would turn the question on you to find out what you read in the passage to support your interpretation that Common Law rules of evidence have been replaced by modern principles. I just don't see a citation that you could provide (where you wouldn't have to write a long essay explaining in a convoluted way your exact theory). Which is to say, do NOT read more into the passage than is actually there. We give line citations to support the correct answers. That's all you are looking for in these RC passages. The answer is in there. It is directly stated. If you cannot give a reference, you don't have an answer to the question yet.

So keep working and remember, you have to find the line that supports your answer before you can answer. It will be direct. It will directly support the MBT answer choice.

[lanereuden]

Hi,

That's a good question. The author provides in the first paragraph that by the time Bentham got involved, "most components of modern evidence law had been assembled." Bentham argued for exceptions to established rules of exclusion. But there is no discussion of current laws that did not somehow derive from some common law doctrine.

I hope that's helpful! Please let me know whether this is clear--thanks!

~Steve

Hi Steve,

I noted that factoid about most components of modern evidence ...had been assembled. But that did not change my view that Bentham had influenced the system. In fact, the idea that the system was altered because of him made me view him as a non-common law source upon which the modern system is, in part, based.

Also, On perhaps an unrelated note,
What does the last line mean: “...principle, demoted from a rule to a presumption.”

[George George]

@lanereuden

Yes, I agree that Bentham influenced the common law system of evidence. (That's sort of the main point of the passage here.)

In regards to your sidenote, "demoted from a rule to a presumption" means (in law) that a principle is not absolute, but instead treated as rebuttable. In other words, it holds generally, but exceptions can be made in certain cases.

[lanereuden]

@lanereuden

Yes, I agree that Bentham influenced the common law system of evidence. (That's sort of the main point of the passage here.)

In regards to your sidenote, "demoted from a rule to a presumption" means (in law) that a principle is not absolute, but instead treated as rebuttable. In other words, it holds generally, but exceptions can be made in certain cases.

If you agree that it is the main point....and what I say is true...then, in fact, the idea that the system was altered because of him made me view him as a non-common law source upon which the modern system is, in part, based. Thus, C is correct.