#19 - Concept Reference, Must Be True

[Administrator]

Complete Question Explanation

The correct answer choice is (B).

Answer choice (A):

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

Answer choice (C):

Answer choice (D):

Answer choice (E):


This explanation is still in progress. Please post any questions below!

[mpoulson]

Hello,

I struggled with this question. Can you point out passages that indicate this explicitly or implicitly why the answer is B? Thank you.

V/r,

Micah

[Claire Horan]

Hi mpoulson,

Would you please provide your approach to the question? It would be helpful if you can show how far you got and what answer choices you kept as contenders and why.

[mpoulson]

Hello,

Sure thing. I was stuck between B and E. I chose E initially because under the adversarial system the judge manages the case rather than the victim and also in the inquisitorial system the judge "takes an active part in the conduct, with a role that is both directive and protective" (lines 44-45). However, since this is incorrect, I need advice about why this is wrong? Additionally, I can see some support for B where they talk about the public prosecutor having the duty to investigate on behalf of society and the defendant (34-35). But I don't see clearly why this is a better answer than E. Please help. Thank you.

V/r,

Micah

[Clay Cooper]

Hi Micah,

Thanks for your question.

I think maybe you are either misreading a bit, or bringing in outside knowledge - neither of which are good. I do not see any support for the idea that the judge 'manages' the case in the adversarial system; he or she just presides over it.

Much more importantly, the support for answer choice B in lines 10-14 is very explicit, and in 34-35 (as you note).

This is one of many questions where on which you have acknowledged recognizing support for the correct answer but have wondered why an incorrect answer was wrong. It seems to me that you might have a little more success on questions like these if you try to focus on proving one answer rather than disproving others.

To be clear, elimination is definitely a valid way to arrive at the correct answer choice. However, it is more useful in some questions than in others, and it doesn't seem to be working for you in these last few question posts.

I don't want to tell you how to live your life (lol), but I would encourage you to try a different approach, one that focuses on finding and proving one answer choice correct by reference to specific parts of the stimulus or passage - especially in RC.

[lsatquestions]

Why is it not defendant to prosecutor?

[Adam Tyson]

The question is about who initiates the criminal proceeding, lsatquestions. A defendant would hardly be the one to say "hey, I maybe committed a crime, how about we start up an investigation into me?" Besides that making very little sense in the real world, there's also nothing in the passage to support the idea that a defendant is ever the one to initiate a legal action against themself.

The first paragraph tells us that in the old system, it was the victim who " fashioned a remedy and administered it privately." In the second paragraph, we see that in the adversarial system "the right to initiate legal action against a criminal has now been extended to all members of society." Those two parts together answer this question.