Statement: Should trial courts be allowed to record the evidence of witnesses living abroad via video conferencing? Arguments: I. Yes. It reduces unnecessary travel burden and logistical delays for witnesses. II. No. We should not change systems established by our forefathers. Select the option that best identifies the strong argument(s).
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Aif only argument I is strong
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Bif only argument II is strong
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Cif either I or II is strong
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Dif neither I nor II is strong
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EBoth I and II are strong
Answer
Correct Answer: if only argument I is strong
Explanation
Introduction / Context:Technology-enabled evidence aims to improve access to justice and timeliness. Strong arguments address efficiency, integrity, and due process; appeals to tradition are weak.
Given Data / Assumptions:
- Witnesses abroad face cost/time barriers.
- Courts can authenticate identity and ensure procedural safeguards over video.
Concept / Approach:Argument I directly connects the policy to reduced delays and hardship—legitimate judicial goals. Argument II is an appeal to tradition without addressing fairness or evidentiary reliability; it does not outweigh access gains.
Step-by-Step Solution:• I: Strong—targets efficiency and participation.• II: Weak—does not identify a principled harm beyond “change is bad.”
Verification / Alternative check:Safeguards (oath administration, identity verification, cross-examination) can be preserved, supporting I.
Why Other Options Are Wrong:Including II mistakes tradition for a policy argument.
Common Pitfalls:Ignoring that procedure evolves with technology while preserving fairness.
Final Answer:Only argument I is strong.