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Prep 33 Section 2, # 26, 27

For 26, I picked A and then C as the answer.

With regard to question 26, my first question is why is A not the answer?
Where's the evidence?
Line 52 states that the approach underlying modern evidence law began to prevail soon after Bentham's death and that it has now become a presumption and not a rule. Whilst there is not specifically the word "replaced" I understand that Bentham's nonexclusionary principle has become more than just a norm, beyond that it has become a presumption. Would the fact that Bentham's nonexclusionary principle "prevails," except that it allows more exclusions, not mean replaced? almost, I mean...

Also, isn't C correct?
I do not see any errors in this answer.

Also, with regard to B, how would you justify that the modern law is less rigid than was the 18th century evidence law?
It may be just as rigid, except that it's rigid in the other way around, that it is nonexclusionary. It can be more rigid in that regard.

I really would like some help.

Also, I do not understand the last sentence when it states, "demoted from a rule to a presumption."
If I understood this correctly, it should instead state "promoted" or some sort of word with a positive connotation since it has become the implicit presumption that people do not even have to think about it consciously like a rule, but it has not become a presumption.
Why is that being "demoted"?

For 27,
Is B wrong because of "outmoded"? since the modern evidence law is not outmoded?
Is C wrong because the passage is not mainly concerned with "justifying" the inadequacies of the current evidence law?


I really really find this passage difficult and would highly appreciate your help.
Thanks,
Best Wishes

Regarding Q26, A is incorrect because some common law is in modern law. The first and second sentences states '...most components of modern evidence law had been assembled. Among common law doctrines regarding evidence, there were, however...'. They are referring to common law as a subset of modern law. It then goes on to state that some common law (outdated) pieces are no longer in practice.

C is incorrect because the passage shows that while some laws do come from common law, the opposite cannot be inferred. In fact, modern law can just remove some stipulations of common law and maintain a coherent modern law. Though it might seem like common sense that others were added, it can't be inferred from the passage.

B is correct because the nonexclusionary principle means that more evidence is accepted, thus rules about evidence are less rigid. I took it as 'more relaxed' instead. You can't say that the rules are more rigid in what it does not not allow.

I won't lie...the last sentence confused me too but I believe it means the general presumption (or general view) became Bentham's view; that most evidence should be allowed. I guess, and could be wrong, that Bentham's view was just a rule applied sometimes and after his death became general sentiment. The word 'demoted' didn't seem to fit for me either and I wish I could help with it, but it didn't deter me from what I took to be the main point of the paragraph.

For 27, B is wrong because its main purpose is not summarizing deficiencies of either older exclusionary law or Bentham's nonexclusionary principle but discussing the nonexclusionary principle as a whole. In that light, C is wrong... You're right in saying 'justifying' is the key word here. The passage discusses them but its main purpose is not to justify them.

The overall sentiment of the passage is that Bentham's ideas were largely good (hence them taking hold as the presumptive view) but had some limitations (priest/confessor). That's best captured in A.

I hope that helps a little. I just did this RC section today and found it more difficult than usual.