LSAT阅读一小题，望高人解答

TheAssembly

此文为“阅读2772"LSAT第13套第三篇，取第三段

“Formal reasons” are different in that they frequently prevent “substantive reasons” from coming into play, even when “substantive reasons” are explicitly incorporated into the law at hand. For example, when a document fails to comply with stipulated requirements, the court may render the document legally ineffective. A will requiring written witness may be declared null and void and therefore, unenforceable for the “formal reason” that the requirement was not observed. Once the legal rule—that a will is invalid for lack of proper witnessing—has been clearly established, and the legality of the rule is not in question, application of that rule precludes from consideration substantive arguments in favor of the will’s validity or enforcement。

16.   From the discussion of wills in the third paragraph it can be inferred that substantive arguments as to the validity of a will might be considered under which one of the following circumstances?

(A) The legal rule requiring that a will be witnessed in writing does not stipulate the format of the will.

(B) The legal rule requiring that a will be witnessed stipulates that the will must be witnessed in writing by two people.

(C) The legal rule requiring that a will be witnessed in writing stipulates that the witnessing must be done in the presence of a judge.

(D) A judge rules that the law requires a will to be witnessed in writing regardless of extenuating circumstances (extenuating circumstances: 可使罪行减轻的情况).

(E) A judge rules that the law can be interpreted to allow for a verbal witness to a will in a case involving a medical emergency.

答案：E。请问如何推得。

(A) The legal rule requiring that a will be witnessed in writing does not stipulate the format of the will.

(B) The legal rule requiring that a will be witnessed stipulates that the will must be witnessed in writing by two people.

(C) The legal rule requiring that a will be witnessed in writing stipulates that the witnessing must be done in the presence of a judge.

(D) A judge rules that the law requires a will to be witnessed in writing regardless of extenuating circumstances (extenuating circumstances: 可使罪行减轻的情况).

(E) A judge rules that the law can be interpreted to allow for a verbal witness to a will in a case involving a medical emergency.

答案：E。请问如何推得。

[此贴子已经被作者于2009/10/11 21:43:28编辑过]