Reading ComprehensionDifficulty: Hard

PT104 S2 P2 Q8 Explanation

Canon Lawyer Oversight

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TopicsLocate DetailLaw

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Passage

By the mid-fourteenth century, professional associations of canon lawyers (legal advocates in Christian ecclesiastical courts, which dealt with cases involving marriage, inheritance, and other issues) had appeared in most of Western Europe, and a body of professional standards had been defined for them. One might expect that the professional associations would play enforcement, the initiative for disciplinary action apparently came from a dissatisfied client, not from fellow lawyers.

At first glance, there seem to be two possible explanations for the rarity of disciplinary proceedings. Medieval canon lawyers may have generally observed the standards of professional conduct scrupulously. Alternatively, it is possible that deviations from the established standards of behavior were not inefficient that most delinquents escaped detection and punishment.

Two considerations make it clear that the second of these explanations is more plausible. First, the English civil law courts, whose ethical standards were similar to those of ecclesiastical courts, show many more examples of disciplinary actions against legal practitioners than do the records of church courts. This discrepancy could well indicate especially since there was some overlap of personnel between the civil bar and the ecclesiastical bar.

Second, church authorities themselves complained about the failure of advocates to measure up to ethical standards and deplored the shortcomings of the disciplinary system. Thus the Council of Basel declared that canon lawyers failed to adhere to the ethical prescriptions laid down in numerous papal constitutions and directed Cardinal Cesarin to address failure of the disciplinary system to reform unethical practices were very common.

Such criticisms seem to have had a paradoxical result, for they apparently reinforced the professional solidarity of lawyers at the expense of the enforcement of ethical standards. Thus the profession’s critics may actually have induced advocates to organize professional associations for self-defense. The critics’ attacks may also have persuaded lawyers to assign nonprofessionals than to disciplining wayward members within their own ranks.

What this question is testing

Locate Detail

Your task

Pin down exactly what the question asks about the passage — a detail, the author's view, the structure, or the main point — before looking at the choices.

Common trap

Answers that restate a true detail from the passage but don't answer the specific question being asked.

Winning move

Anticipate the answer in your own words from the passage, then find the choice that matches that prediction.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
8.

According to the passage, which one of the following statements about law courts in medieval

Answer choices

  1. Correct66% picked this

    Some English lawyers who practiced in civil courts also practiced in church courts, but others served exclusively in

    Why this is right

    The final sentence of the 3rd paragraph definitely says the first part of this: there was some overlap of personnel between the civil bar and the ecclesiastical bar. We know that some lawyers practiced in the civil courts and the church courts. Do we know others were exclusively civil or exclusively church? Sure, it's very supportable / reasonable. By saying there was some overlap, the author is conveying that it was not total overlap. Also, if all the church lawyers were civil lawyers and vice versa (i.e. total overlap), then the rest of the author's conversation would make no sense. He's considering the hypothesis of whether church lawyers on the whole were less prone to ethical failings than were civil lawyers. That question would be nonsensical if we were referring to the exact same group of lawyers. So we know some lawyers were both, but not all were both (thus some where exclusively one or the other).

    Skill tested: Locate Detail · how this choice captures the passage's function is the move to repeat next time.

  2. Opposite, if anything7% picked this

    English canon lawyers were more likely to initiate disciplinary proceedings against their colleagues than were

    Nothing in these two available sentences supports the idea that church lawyers were more likely to try to bust their colleagues than were civil lawyers. In fact, it says "there were many more examples of disciplinary actions against legal practitioners in the civil courts than in the church courts", suggesting the opposite of this answer.

  3. Out of Scope: rest of Europe9% picked this

    English civil lawyers maintained more stringent ethical standards than did civil lawyers in the

    Nothing in those two sentences makes any comparison to lawyers elsewhere in Europe.

  4. Out of Scope: modeled on civil6% picked this

    English ecclesiastical courts had originally been modeled upon English

    Nothing in those two sentences suggests that church courts were originally modeled on civil courts.

  5. Opposite, if anything12% picked this

    English ecclesiastical courts kept richer and more thorough records than did

    Nothing in these two available sentences supports the idea that church courts kept richer records. In fact, it says "there were many more examples of disciplinary actions against legal practitioners in the civil courts than in the church courts", suggesting the opposite of this answer.

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