Judge: The case before me involves a plaintiff and three codefendants. The plaintiff has applied to the court for an ...

Sean on October 5, 2018

PT 65, S4, Q5

I don't really get this question and so I don't get why the answer is B. It makes sense but I don't get the connection. It almost seems too simple. Can you please explain? Thank you!

1 Reply

Mehran on October 17, 2018

@smilde11 of course! Let's take a closer look.

The conclusion here is, "Therefore, the order requested by the plaintiff cannot be granted."

What order did the plaintiff request?

"An order permitting her to question each defendant without their codefendants or their codefendants' legal counsel being present."

Why did the Judge decide against granting the order requested?

Because two of the codefendants share the same legal counsel and the court will not order any codefendant to find new legal counsel.

Notice the issue here. Imagine our codefendants are A, B and C.

B and C share the same attorney.

If plaintiff (P) was permitted to question B without the presence of C's attorney that would mean the questioning would occur outside of the presence of B's own attorney as well.

This is a Strengthen Principle question so we are looking for the answer choice that strengthens the Judge's decision to not grant the order requested by the plaintiff.

Now let's take a look at (B):

"Defendants have the right to have their legal counsel present when being questioned."

Does this strengthen? Absolutely! It tells us that B has a right to have his attorney present when being questioned by P, a situation that would not be possible under P's requested order.

So (B) strengthens the Judge's decision to deny the plaintiff's order and, as such, (B) would be the correct answer.

Hope that helps! Please let us know if you have any other questions.