Plz! I need help with this passage! I don't get it

roranoa
Posts: 588
Joined: Sat Aug 22, 2009 11:18 am

Plz! I need help with this passage! I don't get it

Postby roranoa » Mon Sep 19, 2011 12:41 am

This is the first paragraph from PT33/sec2 (RC)

[Word]

I don't understand the first senctence here. I don't really get what it means and nor do I get why the author put it there.

What does "subject" refer to here? And is it trying to say that modern evidence law have been assembled due to Benthem or is it saying that modern evidence law was already almost assembled before Benthem contributed anything?

And what is the relationship between modern evidence law and common-law doctrines? I don't see why the author is talking about one in the first senctence in relation to Benthem and then suddenly talk about common-law doctrines.

Would someone clarify this for me? I also have problems with Q26 that goes with this passage. I hope someone could help me on that too if they have the time.


Thanks in advance to anyone that would help.
Last edited by roranoa on Tue Sep 20, 2011 9:38 am, edited 1 time in total.

User avatar
tyro
Posts: 648
Joined: Sat Mar 26, 2011 2:23 am

Re: Plz! I need help with this passage! I don't get it

Postby tyro » Mon Sep 19, 2011 1:02 am

roranoa wrote:This is the first paragraph from PT33/sec2 (RC)

[By the time Benthem turned his interest to the subject, late in the 18th century, most components of modern evidence law have been assembled. Among common-law doctrines regarding evidence there were, however, principles that today are regarded as bizarre; thus a well established (but now abandoned) rule forbade the parties to a case from testifying. Well into the 19th century, even defendants in criminal cases were denied the right to testify to facts that ould prove their innocence.]

I don't understand the first senctence here. I don't really get what it means and nor do I get why the author put it there.

What does "subject" refer to here? And is it trying to say that modern evidence law have been assembled due to Benthem or is it saying that modern evidence law was already almost assembled before Benthem contributed anything?

And what is the relationship between modern evidence law and common-law doctrines? I don't see why the author is talking about one in the first senctence in relation to Benthem and then suddenly talk about common-law doctrines.

Would someone clarify this for me? I also have problems with Q26 that goes with this passage. I hope someone could help me on that too if they have the time.


Thanks in advance to anyone that would help.

You should edit your post because it's unfortunately against the rules to directly quote stuff from the test.
Anyway, I just did this section today so it's fresh to me. "Subject" refers to the subject of evidence law/rules regarding admissible evidence in the court room.

You're worrying way too much about things that don't matter though to be honest. Much of the early portion of the passage was created to confuse the reader. The passage eventually develops a clear direction and a point/purpose which is all that matters when we look at the questions:

Bentham developed his "nonexclusion principle" which was in major contrast, though beneficial, to the previous way of doing things in regard to evidence law. The author critiques this "nonexclusion principle" and basically says that more should be excluded than Bentham believed.

Now when we look at the questions, none of that confusing garbage at the beginning of the passage even matters.

roranoa
Posts: 588
Joined: Sat Aug 22, 2009 11:18 am

Re: Plz! I need help with this passage! I don't get it

Postby roranoa » Mon Sep 19, 2011 10:23 am

I guess overall that portion of the passage is not that important but it still bothers me that I can't understand it well. Can you distill the sentences too if possible?

User avatar
ExecDirect
Posts: 11
Joined: Tue Aug 23, 2011 9:52 pm

Re: Plz! I need help with this passage! I don't get it

Postby ExecDirect » Mon Sep 19, 2011 1:58 pm

- late in the 18th Century B. started working in the area of "evidence law", after most componants of modern EL had been assembled.
- Put there in order to establish the who, what, when, of the passage.
- Modern evidence law refers to "how we practice in the modern time"
- "Common-law" can mean several things but here it means the way that at one time things concerning evidence law were being practiced.
- these are both just background info to see that B. was bringing something different to evidence law but not nesessarily better, practiced or reasonable.
- here is a chart of possible different evidence theory (most to least restrictive)
No evidence allowed - Common Law - Modern Law - B. Theory - All evidence allowed
The second half of the first paragragh should give you the answer for #26 or at least give you some evidence to support your answer.

totaltest.milan
Posts: 84
Joined: Mon Feb 14, 2011 9:45 pm

Re: Plz! I need help with this passage! I don't get it

Postby totaltest.milan » Mon Sep 19, 2011 5:36 pm

roranoa wrote:This is the first paragraph from PT33/sec2 (RC)

[By the time Benthem turned his interest to the subject, late in the 18th century, most components of modern evidence law have been assembled. Among common-law doctrines regarding evidence there were, however, principles that today are regarded as bizarre; thus a well established (but now abandoned) rule forbade the parties to a case from testifying. Well into the 19th century, even defendants in criminal cases were denied the right to testify to facts that ould prove their innocence.]

I don't understand the first senctence here. I don't really get what it means and nor do I get why the author put it there.

What does "subject" refer to here? And is it trying to say that modern evidence law have been assembled due to Benthem or is it saying that modern evidence law was already almost assembled before Benthem contributed anything?

And what is the relationship between modern evidence law and common-law doctrines? I don't see why the author is talking about one in the first senctence in relation to Benthem and then suddenly talk about common-law doctrines.

Would someone clarify this for me? I also have problems with Q26 that goes with this passage. I hope someone could help me on that too if they have the time.


Thanks in advance to anyone that would help.


Answering your question concerning the first sentence - "subject" refers to modern evidence law, and the sentence is saying that it (modern evidence law) was already almost assembled before Bentham got there.

With regard to the relationship between evidence law and common-law doctrines - evidence law is one aspect of common-law; think of common-law as the entire system and evidence law as rules governing one part of the system. There's no particular reason why the author brings it up other than additional context; the sentence could just as easily have been written "There were aspects of evidence law that today are regarded as bizzare; thus ..."

When doing the reading passages you have to develop the ability to read for structure and to realize when something is relevant information and when it's less relevant context. Pay attention to the different perspectives as they come up.

User avatar
tyro
Posts: 648
Joined: Sat Mar 26, 2011 2:23 am

Re: Plz! I need help with this passage! I don't get it

Postby tyro » Mon Sep 19, 2011 7:41 pm

Like I said earlier, you should edit your original post because it's against the rules to directly copy material from the test.

CHIJAMES11
Posts: 35
Joined: Tue Jul 12, 2011 4:54 pm

Re: Plz! I need help with this passage! I don't get it

Postby CHIJAMES11 » Tue Sep 20, 2011 12:19 pm

I would read that first sentence as Benthem + modern evidence law and then move on.

roranoa
Posts: 588
Joined: Sat Aug 22, 2009 11:18 am

Re: Plz! I need help with this passage! I don't get it

Postby roranoa » Thu Sep 22, 2011 4:19 am

Thank you to everyone who helped me out!

I think I get it now.




Return to “LSAT Prep and Discussion Forum”

Who is online

Users browsing this forum: Alexandros, Baidu [Spider], Majestic-12 [Bot] and 9 guests