Which one of the following does the author of the passage assert to be true?
Nativeguyon September 14, 2021
PLEASE ,PLEASE, PLEASE EXPLAIN
Legitimately bewildered as to how the answer cannot be B or C both are stated by the author to be true , this question is really tripping me up please help.
Replies
Create a free account to read and
take part in forum discussions.
Hi I am not an instructor but I believe the correct answer E comes from this line: “Furthermore, the fact that private .civil litigation requires an identifiable victim with the necessary .resources to commence litigation weakens its deterrent impact." This is from the second paragraph.
It says that private civil litigation requires an identifiable victim, which is the same as E “private civil litigation cannot occur without an identifiable victim.”
Hope that helps. Please note that this line reference also helps with question 27 so it is very important to read and remember this line. I got 24 wrong but 27 right.
Emil-Kunkinon May 13, 2022
Hi ,
This is an author agreement must be true question, so we are looking for an idea that we can definitively prove from the passage that the author would agree with.
Lets start with answer choice E. As Jing Jing correctly and helpful notes, In the second paragraph, the author argues that criminal sanctions are better than civil sanctions, and states that "the fact that private civil litigation requires an identifiable victim with the necessary resources to commence litigation weakens its deterrent impact." This statement proves that the author thinks that private civil litigation cannot occur without an identifiable victim.
Answer choice B suggests that employees are equally likely to be harmed by the two kinds of sanctions. The passage discusses employees in the third and fourth paragraphs- but never discusses employees being harmed exactly. Rather, the author discusses employees facing criminal charges as a result of their actions. The closest that we have to "harm" is the suggestion that companies might scapegoat employees to avoid criminal charges- which suggests that the author might actually think that criminal sanctions are more likely to bring harm to employees.
Answer choice C is that deterrence is the main goal of both criminal and civil liability. This is tough to eliminate, as the passage outright states that "both [types of liability] aim at deterrence" in the first paragraph. However, this does not mean that the author agrees this is both their MAIN aim. The law has many aims, and just because both types of law share a certain goal, that does not imply that that goal is the primary goal of either or both. Furthermore, the view the passage is describing here is that of the proponents of civil liability, who the author disagrees with- thus we cannot be sure if the author even agrees with the statement that both aim at deterrence.
