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#34776
Complete Question Explanation

Strengthen—PR. The correct answer choice is (C)

In this stimulus the judge summarizes the charges in question, the defense, and the judge’s ruling.
The charge: failure to comply with national building codes. The defendants asks that an exception be
made, and penalties not be imposed, claiming that he was confused as to whether national or local
codes applied in his case. The judge says this might be a reasonable defense if he had just been noncomplying
with local codes (and possibly unsure of whether the codes applied nationally). Since he
was non-complying with national codes, though, the judge says that his confusion is no excuse.

The question that follows the stimulus is a Strengthen—Principle question, so the right answer has to
provide a principle that will lend support to the judge’s argument.

Answer choice (A): This principle, that there can be no overlap between local and national codes,
does not help justify the judge’s reasoning, because the judge specifies that if the confusion had been
failure to comply with local codes, the excuse might be acceptable. Since a lack of overlap would not
help to justify the judge’s distinction, this is not the correct answer choice.

Answer choice (B): This choice, which provides that national codes are always at least as strict as
local codes, does not help to justify the judge’s distinction between an excuse that might have been
acceptable, and the defendant’s excuse in this case.

Answer choice (C): This is the correct answer choice. It provides that all national codes are locally
applied as well—if this is the case, he can no longer claim to be confused about which national codes
apply to his local area.

Answer choice (D): This choice basically provides that ignorance of the law is not an adequate
excuse, but the judge specifically said that the defendant’s excuse would have been acceptable under
different circumstances, so this principle does not support the judge’s reasoning.

Answer choice (E): This principle about compliance is not relevant to the defendant, who is charged
with non-compliance, so this choice should be ruled out of contention in response to this Strengthen
question.
 Deyvad99
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#7367
I was wondering if someone could explain to me why the correct answer is C, I chose D.

I thought D was more relevant than C. I understand why C could be correct, but I thought D was a little better. Since he's being tried with violating national codes, and the judge mentioned that his(the guy being charged) argument wasn't relevant because he's being tried for the national code violation, what difference does it make that local codes also incorporate national codes?

Hope that makes sense.
 Steve Stein
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#7368
Hi,

Good question--the defendant didn't comply with codes, claiming that he was confused as to whether they were national or local. The judge says this might be a reasonable defense if he had just been dealing with local codes (and possibly unsure of whether the codes applied nationally). Since he was non-complying with national codes, though, the judge says that his confusion is no excuse.

The question that follows is a Strengthen, so the right answer has to help support the judge's reasoning. Correct answer choice C provides that all national codes are local--if this is the case, he can no longer claim to be confused about which national codes apply to his local area.

Answer choice D basically provides that ignorance of the law is not an adequate excuse. The problem is, the judge specifically said that the defendant's excuse would have been acceptable under different circumstances.

Tough question! I hope that's helpful--please let me know whether everything is clear--thanks!

~Steve
 Deyvad99
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#7369
Thanks, makes perfect sense.
 sarae
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#11046
Please explain why answer choice C is correct.
I understood the answer choice as: required by national codes---> required by local codes.
 Jason Schultz
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#11048
Hi sarae,

In this case the Judge admits the defendant's claim might be valid if he were being charged under the local codes, but not under the national codes. The implication is that the local codes are stricter than the national codes, and anything prohibited by the national codes is also prohibited by the local codes. That is what C states. Answer choice B is tempting, but reversed - the Judge's statements only work if the local codes are stricter than the national codes, not more lenient.

Does that help?
 sarae
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#11053
but then how is the excuse more acceptable with local codes if they're supposed to be stricter?
 Steve Stein
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#11055
Hi sarae,

Answer C provides that all national codes are locally applied as well--if this is the case, the defendant can't claim to be confused about which national codes apply to his local area--because they all do.

I hope that's helpful! Please let me know whether this is clear--thanks!

~Steve
 sarae
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#11069
oh ok! thank you!!
 cascott15
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#67035
I was a little confused by this question because I'm not sure how not knowing which codes apply would ever be a valid excuse in court. To give my objection context: If a real estate developer were to be taken to court for failure to meet code requirements, the judge wouldn't care whether she was confused or not.

Instead, I took the judge's rationale to mean that the local code must provide some exceptions for confusion and therefore picked E.

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