Chapter 11, Level 1 Self-Quiz: GI

Your job is to analyze the reasoning involved in the following passage. You can do this by illustrating the logic involved. You should look for uses of logical operators such as conjunction, disjunction, negation, and conditional statements; sufficient and necessary conditions; and the analogical reasoning involved in the argument. Upon completion of your analysis, answer the question that follows.

Common law courts in the United States followed their English predecessors in providing judicial review of the size of damage awards. They, too, emphasized the deference ordinarily afforded jury verdicts, but they recognized that juries sometimes awarded damages so high as to require correction. In 1822, Justice Story ordered a new trial unless the plaintiff agreed to a reduction in his damages. In explaining his ruling, he noted: "As to the question of excessive damages, I agree, that the court may grant a new trial for excessive damages.... It is indeed an exercise of discretion full of delicacy and difficulty. But if it should clearly appear that the jury have committed a gross error, or have acted from improper motives, or have given damages excessive in relation to the person or the injury, it is as much the duty of the court to interfere, to prevent the wrong, as in any other case." Blunt v. Little.

Assume the following key:

(A) It should clearly appear that the jury have committed a gross error. (B) The jury have acted from improper motives. (C) The jury have given damages excessive in relation to the person. (D) The jury have given damages excessive in relation to the injury. (E) It is as much the duty of the court to interfere, to prevent the wrong, as in any other case.

Which of the following accurately reflects the structure of the reasoning?

Your job is to analyze the reasoning involved in the following passage. You can do this by illustrating the logic involved. You should look for uses of logical operators such as conjunction, disjunction, negation, and conditional statements; sufficient and necessary conditions; and the analogical reasoning involved in the argument. Upon completion of your analysis, answer the question that follows.

Oregon's abrogation of a well-established common law protection against arbitrary deprivations of property raises a presumption that its procedures violate the Due Process Clause. As this Court has stated from its first Due Process cases, traditional practice provides a touchstone for constitutional analysis. Because the basic procedural protections of the common law have been regarded as so fundamental, very few cases have arisen in which a party has complained of their denial. In fact, most of our Due Process decisions involve arguments that traditional procedures provide too little protection and that additional safeguards are necessary to ensure compliance with the Constitution. Nevertheless, there are a handful of cases in which a party has been deprived of liberty or property without the safeguards of common law procedure. When the absent procedures would have provided protection against arbitrary and inaccurate adjudication, this Court has not hesitated to find the proceedings violative of Due Process.

Assume the following key:

A) Oregon's abrogation of a well-established common law protection against arbitrary deprivations of property raises a presumption that its procedures violate the Due Process Clause. (B) As this Court has stated from its first Due Process cases, traditional practice provides a touchstone for constitutional analysis. (C) The basic procedural protections of the common law have been regarded as so fundamental. (D) Very few cases have arisen in which a party has complained of their denial. (E) Most of our Due Process decisions involve arguments that traditional procedures provide too little protection. (F) Additional safeguards are necessary to ensure compliance with the Constitution. (G) There are a handful of cases in which a party has been deprived of liberty or property without the safeguards of common law procedure: (H) When the absent procedures would have provided protection against arbitrary and inaccurate adjudication (I) this Court has not hesitated to find the proceedings violative of Due Process.

Which of the following accurately reflects the structure of the reasoning?