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#41502
Please post your questions below!
 lathlee
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#46182
Hi. I couldn't find what Passage A) alludes to a lack of judicial candor might affect: .... "The institutional strength of the courts" where can i find it.
 Adam Tyson
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#63248
In passage A, you will find it in lines 16-20, where the author talks about one argument in favor of judicial candor:
Accordingly, proponents of greater candor in the courts have argued, for example, that transparent decision making provides better guidance to lower courts and litigants, or that it strengthens the institutional legitimacy of the courts.


It's not the author's preferred argument, but it is still an argument that author indicates has some legitimacy.

In passage B, look to lines 48-50:
lack of candor is likely to be detectable, and its detection would only serve to increase public cynicism about the judicial system
That language is also about undermining the legitimacy of the courts.

I hope that clears it up! Tough passage!
 flowskiferda
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#94869
Why isn't D correct? Guidance to lower courts is directly mentioned in passage 1, and the stuff about precedents counting for little is talked about around lines 46-47.
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 katehos
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#94876
Hi flowskiferda,

While Passage A specifically talks about lower courts in lines 16-20, Passage B does not specifically reference guidance to lower courts. Instead, Passage B references precedent in general, but does specifically reference the institutional losses associated with lack of judicial candor (answer choice (A)) in lines 55-58 and 50-52. This makes answer choice (A) a better option than answer choice (D)!

Hope that helps. :)

-Kate

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