In the earliest stages of the common law, a party could have a case heard by a judge only upon the payment of a fee to the court, and then only if the case fit within one of the forms for which there existed a writ. At first the number of such formalized cases of action was very small, but judges invented new forms which brought more cases and greater revenues.
Which of the following conclusions is most strongly suggested by the paragraph above?
(A) Early judges often decided cases in an arbitrary and haphazard manner.
(B) In most early cases, the plaintiff rather than the defendant prevailed.
(C) The judiciary at first had greater power than either the legislature or the executive.
(D) One of the motivating forces for the early expansion in judicial power was economic considerations.
(E) The first common law decisions were inconsistent with one another and did not form a coherent body of law.
OA D
Source: Magoosh
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In the earliest stages of the common law, a party could have
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OPTION A - INCORRECT
This is not necessarily as the case may be. The early judges had a protocol that must be adhered to by parties involved in order to proceed with the case. So, the argument doesn't suggest that it's in an arbitrary and haphazard manner.
OPTION B - INCORRECT
The argument made no mention or indicates the prevailing party in the earliest stages of the common law. So, it cannot serve as a conclusion suggested by the argument.
OPTION C - INCORRECT
There is no evidence in this statement that show who out of the three arms if government has the greatest power. So, it can't serve as a conclusion drawn from the given information.
OPTION D - CORRECT
Due to the practise of the earliest stages of the common law, the number of such formalised cases of action was very small which led to the invention of new forms by the judges which brought more cases and greater revenues.
The greater revenues being referred to can be related to the economic considerations. Therefore, this option is strongly suggested by the statement due to this.
OPTION E - INCORRECT
This option is not strongly suggested by the argument because whether or not, the first common law decisions were inconsistent without one another is unknown and wasn't included in the information given.
This is not necessarily as the case may be. The early judges had a protocol that must be adhered to by parties involved in order to proceed with the case. So, the argument doesn't suggest that it's in an arbitrary and haphazard manner.
OPTION B - INCORRECT
The argument made no mention or indicates the prevailing party in the earliest stages of the common law. So, it cannot serve as a conclusion suggested by the argument.
OPTION C - INCORRECT
There is no evidence in this statement that show who out of the three arms if government has the greatest power. So, it can't serve as a conclusion drawn from the given information.
OPTION D - CORRECT
Due to the practise of the earliest stages of the common law, the number of such formalised cases of action was very small which led to the invention of new forms by the judges which brought more cases and greater revenues.
The greater revenues being referred to can be related to the economic considerations. Therefore, this option is strongly suggested by the statement due to this.
OPTION E - INCORRECT
This option is not strongly suggested by the argument because whether or not, the first common law decisions were inconsistent without one another is unknown and wasn't included in the information given.
