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Page 151, #26 - Why is answer C wrong?

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May 18 2013
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mwilkie
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Page 151, #26 - Why is answer C wrong?

Hello Dave,
Thanks for all your great teaching materials. This whole class has helped me a lot.
I have a question on RC p. 151 Chapter 7, question 26. The question asks "Which one of the following statements concerning the history of the law of evidence is supported by information in the passage?"

The right answer according to the answer sheet is B - Modern evidence law is less rigid than was eighteenth-century evidence law.

Why is answer C wrong - 'Some current laws regarding evidence do not derive from common-law doctrines'... ?

We learned in the passage that (ln 3) "Among common-law doctrines ... were... principles that today are regarded as bizarre... " and then the passages states how Bentham prescribed replacing them, right? So wouldn't that mean some current laws regarding evidence do not derive from common-law?

Thanks for your help,
Megan

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May 20 2013
majorgeneraldave
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Hey,

Thanks for the kind words! I'm glad you're enjoying the course.

OK, so it's possible that there are some laws that don't derive from the common-law, but look at the rest of the sentence you mention; those "bizarre" rules may instead simply have been abandoned, leaving us now with only laws that derived from common-law, but were not bizarre.

I'm with you on liking the flavor and mouth-feel of answer (C) (and in fact, I spent a lot of time with that choice trying to will it to be true, before realizing that it just wasn't given textual support), but we'd really need the passage to say it's so in order to pick it; like, to give us an example of such a law, or tell us how such laws were drafted. Absent that support, we can't pick it, even though it's quite possibly true.

Because we can't prove  that it's true.

Hope that helps you think,

d

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