QUESTION TEXT: Legal theorist: Governments should not be allowed…
QUESTION TYPE: Principle – Justify
CONCLUSION: The government shouldn’t be able to use your diary against you in a criminal case.
REASONING: A diary is a conversation with yourself, just like speaking to yourself is.
ANALYSIS: On principle/justify questions, you need to take the facts given, and say “this fact shows the conclusion is true”.
Here, that means we must say: speaking to yourself ➞ government can’t use info.
___________
- Interoffice memos are not at all like diaries. You send memos to other people. Also, the stimulus is about criminal law in general, whereas this is only about corporations.
- The stimulus was about restricting government, but this principle loosens restrictions on government. This can’t help.
- CORRECT. This supports the stimulus. Diaries aren’t meant for other people, so this principle stops governments from using them. This also shows why the author thinks “speaking to oneself” is relevant.
- Correspondence = stuff you send to other people. A diary isn’t correspondence. So this principle is not strictly relevant.
- This principle says what governments should do, but it doesn’t say where the limits should be. That doesn’t help, since the stimulus was about limiting the government’s power.
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