Making Inferences in Law Passages - LSAT Reading

Adapted from The Common Law, by Oliver Wendell Holmes, Jr. (1881)

To present a general view of the Common Law, other tools are needed besides logic. It is something to show that the consistency of a system requires a particular result, but it is not all. The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed. The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics. In order to know what it is, we must know what it has been, and what it tends to become. We must alternately consult history and existing theories of legislation. But the most difficult labor will be to understand the combination of the two into new products at every stage. The substance of the law at any given time pretty nearly corresponds, so far as it goes, with what is then understood to be convenient; but its form and machinery, and the degree to which it is able to work out desired results, depend very much upon its past.

In Massachusetts today, while, on the one hand, there are a great many rules which are quite sufficiently accounted for by their manifest good sense, on the other, there are some which can only be understood by reference to the infancy of procedure among the German tribes, or to the social condition of Rome under the Decemvirs.

I shall use the history of our law so far as it is necessary to explain a conception or to interpret a rule, but no further. In doing so there are two errors equally to be avoided both by writer and reader. One is that of supposing, because an idea seems very familiar and natural to us, that it has always been so. Many things which we take for granted have had to be laboriously fought out or thought out in past times. The other mistake is the opposite one of asking too much of history. We start with man full grown. It may be assumed that the earliest barbarian whose practices are to be considered, had a good many of the same feelings and passions as ourselves.

Each of the following can be inferred from the passage EXCEPT __________.

Adapted from The Common Law by Oliver Wendell Holmes, Jr. (1881)

If it were necessary to trench further upon the field of morals, it might be suggested that the dogma of equality applied even to individuals only within the limits of ordinary dealings in the common run of affairs. You cannot argue with your neighbor, except on the admission for the moment that he is as wise as you, although you may by no means believe it. In the same way, you cannot deal with him, where both are free to choose, except on the footing of equal treatment, and the same rules for both. The ever-growing value set upon peace and the social relations tends to give the law of social being the appearance of the law of all being. But it seems to me clear that the ultima ratio, not only regum, but of private persons, is force, and that at the bottom of all private relations, however tempered by sympathy and all the social feelings, is a justifiable self-preference. If a man is on a plank in the deep sea that will only float one, and a stranger lays hold of it, he will thrust him off if he can. When the state finds itself in a similar position, it does the same thing.

The considerations that answer the argument of equal rights also answer the objections to treating man as a thing, and the like. If a man lives in society, he is liable to find himself so treated. The degree of civilization which a people has reached, no doubt, is marked by their anxiety to do as they would be done by. It may be the destiny of humanity that the social instincts shall grow to control our actions absolutely, even in anti-social situations. But they have not yet done so, and as the rules of law are or should be based upon a morality that is generally accepted, no rule founded on a theory of absolute unselfishness can be laid down without a breach between law and working beliefs.

If it be true, as I shall presently try to show, that the general principles of criminal and civil liability are the same, it will follow from that alone that theory and fact agree in frequently punishing those who have been guilty of no moral wrong, and who could not be condemned by any standard that did not avowedly disregard the personal peculiarities of the individuals concerned. If punishment stood on the moral grounds that are proposed for it, the first thing to be considered would be those limitations in the capacity for choosing rightly that arise from abnormal instincts, want of education, lack of intelligence, and all the other defects which are most marked in the criminal classes. I do not say that they should not be, or at least I do not need to for my argument. I do not say that the criminal law does more good than harm. I only say that it is not enacted or administered on that theory.

Based on the information given in the passage, which of the following cannot be true?

Adapted from Commentaries on the Laws of England by William Blackstone (1765-1769)

Municipal law, thus understood, is properly defined to be "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong." Let us endeavor to explain its several properties as they arise out of this definition.

And, first, it is a rule; not a transient sudden order from a superior to or concerning a particular person; but something permanent, uniform, and universal. Therefore, a particular act of the legislature to confiscate the goods of Titius or to attaint him of high treason does not enter into the idea of a municipal law: for the operation of this act is spent upon Titius only and has no relation to the community in general. But an act to declare that the crime of which Titius is accused shall be deemed high treason; this has permanency, uniformity, and universality, and therefore is properly a rule. It is also called a rule to distinguish it from advice or counsel, which we are at liberty to follow or not, as we see proper, and to judge upon the reasonableness or unreasonableness of the thing advised. Whereas our obedience to the law depends not upon our approbation, but upon the maker's will. Counsel is only matter of persuasion, law is matter of injunction; counsel acts only upon the willing, law upon the unwilling also.

It is also called a rule to distinguish it from a compact or agreement; for a compact is a promise proceeding from us, and law is a command directed to us. The language of a compact is, "I will, or will not, do this”; that of a law is, "Thou shalt, or shalt not, do it." It is true there is an obligation that a compact carries with it, equal in point of conscience to that of a law; but then the original of the obligation is different. In compacts, we ourselves determine and promise what shall be done, before we are obliged to do it; in laws, we are obliged to act, without ourselves determining or promising any thing at all. Upon these accounts law is defined to be "a rule."

It is likewise "a rule prescribed,” because a bare resolution, confined in the breast of the legislator, without manifesting itself by some external sign, can never be properly a law. It is requisite that this resolution be notified to the people who are to obey it. But the manner in which this notification is to be made is matter of very great indifference. It may be notified by universal tradition and long practice, which supposes a previous publication, and is the case of the common law of England. It may be notified, viva voce, by officers appointed for that purpose, as is done with regard to proclamations, and such acts of parliament as are appointed to be publicly read in churches and other assemblies. It may lastly be notified by writing, printing, or the like; which is the general course taken with all our acts of parliament.

Yet, whatever way is made use of, it is incumbent on the promulgators to do it in the most public and perspicuous manner; not like Caligula, who wrote his laws in a very small character, and hung them up upon high pillars, the more effectually to ensnare the people. There is still a more unreasonable method than this, which is called making of laws ex post facto; when after an action is committed, the legislator then for the first time declares it to have been a crime, and inflicts a punishment upon the person who has committed it. Here it is impossible that the party could foresee that an action, innocent when it was done, should be afterwards converted to guilt by a subsequent law; he had therefore no cause to abstain from it, and all punishment for not abstaining must of consequence be cruel and unjust. But when this rule is in the usual manner notified, or prescribed, it is then the subject's business to be thoroughly acquainted therewith; for if ignorance, of what he might know, were admitted as a legitimate excuse, the laws would be of no effect, but might always be eluded with impunity.

The passage does NOT support which of the following as being essential to law?

"The Supreme Court" by William Floyd (2015)

Supreme Court decisions frame the understanding of law in America in a way no other body of writing has come close to approaching. While the Constitution and Acts of Congress are the actual law of the land, only through the interpretation, approval, and arguments of the nine Justices of the Supreme Court do these laws have a full meaning and power throughout the nation. Despite this place of prominence, the actual knowledge of Supreme Court decisions by most Americans is shockingly limited. The full depth and meaning of what the Supreme Court says is often elided for a popular opinion that remarkably distorts the ultimate meaning of the rulings of the highest court in the land.

Take the famous 1973 decision Roe v. Wade. Popularly, the case is known as the event which made abortion legal throughout the United States, becoming a flash point both for pro-abortion and anti-abortion activists in the four decades since the Court handed down the decision. In actuality, the court decided that there was an inherent right to privacy in the Constitution through the due process clause of the Fourteenth Amendment, which could not be violated by state or Federal laws that outlawed aborting a fetus, whether it targeted the woman seeking an abortion or the doctor performing the procedure. In essence, the court did not assert that abortion was legal, but rather that the state could not make abortion illegal. The practical difference might be quite small, but the legal difference is significant.

More importantly, the ruling was a 7-2 decision, which meant that along with the majority opinion which found a right to privacy, there were two dissents which emphatically did not find such a right. Justice Byron White famously wrote, “I find nothing in the language or history of the Constitution to support the court’s judgement.” While lower courts, legislators, and law enforcement officials had to comply with the majority opinion, a future Supreme Court decision can look to what Justice White argued and find that there is in fact no right to privacy inherent in the Fourteenth Amendment. This is the part of Supreme Court decisions that most confuses the general public. The majority decision holds as law, but all the opinions are part of the larger record and fabric of the Supreme Court. This means that the law of the land, when filtered through the arguments of the Supreme Court, can and will change depending on who is sitting in the nine chairs of the dais in the Supreme Court building.

Which of the following statements cannot be true based on the information presented in the passage?

"Lynch Law" by William Floyd (2015)

“Lynch Law” as it was known can appear as a peculiar feature of the past only. Never in the present day does a mob, carrying torches, clubs, and small firearms, descend upon a county jail to take from a cell an accused criminal who is supposed to have committed a crime so heinous and unspeakable that the crowd believes the only justice is to find the nearest sturdy tree to hang the accused from. This action, so common in the late nineteenth and early twentieth centuries, particularly in the Southern portion of the United States, died out after World War II, with only a few isolated incidents, roundly disparaged, revealing the last gasp of the Lynch Law.

Perhaps the exact mechanisms of lynching culture do not exist, features of a bygone society, more rural, prejudiced, and violent than that which replaced it. Yet the attitudes have never left the consciousness of many Americans. On the chyrons of the nightly news and splashed across front pages of newspapers, accused criminals are only treated as such out of formality. In actuality, the tone of the reports reveals that the poor soul accused of a crime is assumed to be found guilty once the proper processes of the judicial system have run their course. Through a nod to a presumption of innocence and unwavering fidelity to the slow march of the courts, any sensible citizen can congratulate themselves that they are well beyond their ancestors, whether by blood or thought, who invoked the lynch law.

In actuality, a person can be arrested on the most base of suspicions, that they have the same vague hairstyle, shirt color, or peculiar mannerism of suspect’s description given by a witness. Then this poor soul will have to be questioned by any number of detectives, who look for the slightest pause, tic, or odd gaze. And heaven help him should he forget where he was for some small sliver of time. At that point, he is all but done for in front of the criminal justice system, being as he is with some apparent similarity to the description of the suspect, no alibi, and the accusations of police and prosecutors. While he is exceedingly lucky not to have to worry about being taken out of his cell and murdered underneath a large tree, he is still shunted forward to a removal from society after his placement in a labyrinthine prison system.

Based on the information presented in the passage, which of the following statements cannot be true?

Adapted from Criminal Psychology: A Manual for Judges, Practitioners, and Students by Hans Gross (1911)

Socrates, in the Meno, sends for one of Meno's servants, to prove the possibility of absolutely certain a priori knowledge. The servant is to determine the length of a rectangle, the area of which is twice that of one measuring two feet. He is to have no previous knowledge of the matter and is to discover the answer for himself. The servant first gives out an incorrect answer, that the length of a rectangle having twice the area of the one mentioned is four feet, thinking that the length doubles with the area. Thereupon Socrates triumphantly points out to Meno that the servant does as a matter of fact not yet quite know the truth under consideration, but that he really thinks he knows it; and then Socrates, in his own Socratic way, leads the servant to the correct solution.

When we properly consider what we have to do with a witness who has to relate any fact, we may see in the Socratic method the simplest example of our task. We must never forget that the majority of mankind dealing with any subject whatever always believe that they know and repeat the truth, and even when they say doubtfully, “I believe— It seems to me,'' there is, in this diffidence, more meant than meets the ear. When people say “I believe that—‘' it merely means that they intend to ensure themselves against the event of being contradicted by better informed persons; but they certainly have not the doubt their expression indicates. When, however, the report of some bare fact is in question (“It rained,” “It was 9 o’clock,'' or “His beard was brown,”) it does not matter to the narrator, and if he or she imparts such facts with the introduction “I believe,'' then he or she was really uncertain. The matter becomes important only where the issue involves partly-concealed observations, conclusions, and judgments. In such cases another factor enters—conceit; what the witness asserts he or she is fairly certain of just because he or she asserts it, and all the “I believes,'' “Perhapses,'' and “It seemeds'' are merely insurance against all accidents.

Generally, statements are made without such reservations and with full assurance. This holds also and more intensely of court witnesses, particularly in crucial matters. Anybody experienced in his or her conduct comes to be absolutely convinced that witnesses do not know what they know. A series of assertions are made with utter certainty. Yet when these are successively subjected to closer examinations, tested for their ground and source, only a very small portion can be retained unaltered. Of course, one may here overshoot the mark. It often happens, even in the routine of daily life, that a person may be made to feel shaky in his most absolute convictions, by means of an energetic attack and searching questions. Conscientious and sanguine people are particularly easy subjects of such doubts. Somebody narrates an event; questioning begins as to the indubitability of the fact, as to the exclusion of possible deception; the narrator becomes uncertain, recalling that, because of a lively imagination, he or she has already believed him- or herself to have seen things otherwise than they actually were, and finally he or she admits that the matter might probably have been different. During trials this is still more frequent. The circumstance of being in court of itself excites most people; the consciousness that one's statement is, or may be, of great significance increases the excitement; and the authoritative character of the official subdues very many people to conform their opinions to his or hers. What wonder then, that however much a person may be convinced of the correctness of his or her evidence, he or she may yet fail in the face of the doubting judge to know anything certainly?

Now one of the most difficult tasks of the criminalist is to hit, in just such cases, upon the truth—neither to accept the testimony blindly and uncritically, nor to render the witness, who otherwise is telling the truth, vacillating and doubtful. But it is still more difficult to lead the witness, who is not intentionally falsifying, but has merely observed incorrectly or has made false conclusions, to a statement of the truth as Socrates leads the servant in the Meno. It is as modern as it is comfortable to assert that this is not the judge's business—that the witness is to depose, his or her evidence is to be accepted, and the judge is to judge. Yet it is supposed before everything else that the duty of the court is to establish the material truth—that the formal truth is insufficient. Moreover, if we notice false observations and let them by, then, under certain circumstance, we are minus one important piece of evidence pro and con, and the whole case may be turned topsy-turvy. We shall, then, proceed in the Socratic fashion. But, inasmuch as we are not concerned with mathematics, and are hence more badly placed in the matter of proof, we shall have to proceed more cautiously and with less certainty than when the question is merely one of the area of a square. On the one hand we know only in the rarest cases that we are not ourselves mistaken, so that we must not, without anything further, lead another to agree with us; on the other hand, we must beware of perverting the witness from his or her possibly sound opinions. Whoever is able to correct the witness's apparently false conceptions and to lead him or her to discover his or her error of his or her own accord and then to speak the truth— whoever can do this and yet does not go too far, deducing from the facts nothing that does not actually follow from them—that person is a master among us.

Based on the whole of this passage the author would be most inclined to treat witnesses with __________.

Adapted from Criminal Psychology: A Manual for Judges, Practitioners, and Students by Hans Gross (1911)

It is a mistake to suppose that it is enough in most cases to study that side of a person that is at the moment important—his or her dishonesty only, his or her laziness, etc. That will naturally lead to merely one-sided judgment and anyway be much harder than keeping the whole person in eye and studying him or her as an entirety. Every individual quality is merely a symptom of a whole nature and can be explained only by the whole complex; the good properties depend as much on the bad ones as the bad on the good ones. At the very least, the quality and quantity of a good or bad characteristic shows the influence of all the other good and bad characteristics. Kindliness is influenced and partly created through weakness, indetermination, too great susceptibility, a minimum acuteness, false constructiveness, untrained capacity for inference; in the same way, again, the most cruel hardness depends on properties which, taken in themselves, are good: determination, energy, purposeful action, clear conception of one's fellows, healthy egotism, etc. Every person is the result of his or her nature and nurture, i.e. of countless individual conditions, and every one of his or her expressions, again, is the result of all of these conditions. If, therefore, he or she is to be judged, he or she must be judged in the light of them all.

For this reason, all those indications that show us the person as a whole are for us the most important, but also those others are valuable which show him or her up on one side only; however, in the latter case, they are to be considered only as an index that never relieves us from the need further to study the nature of our subject.

We ask, for example, what kind of person will give us the best and most reliable information about the conduct and activity, the nature and character, of an individual? We are told: that sort of person who is usually asked for the information—his or her nearest friends and acquaintances and the authorities. Before all of these people do not show themselves as they are because the most honest will show themselves before people in whose judgment they have an interest at least as good as, if not better than they are—that is fundamental to the general egoistic essence of humanity, which seeks at least to avoid reducing its present welfare. Authorities who are asked to make a statement concerning any person can say reliably only how often the individual was punished or came otherwise in contact with the law or themselves. But concerning the individual's social characteristics the authorities have nothing to say; the detectives have to bring an answer. Then the detectives are, at most, simply people who have had the opportunity to watch and interrogate the servants, house-furnishers, porters, and corner-loafers, and other people in the employ of the individual. Why we do not question these people ourselves I cannot say; if we did, we might know these people on whom we depend for important information and might put our questions according to the answers that we need.

It is a purely negative thing that an official declaration is nowadays not infrequently presented to us in the disgusting form of gossip. But in itself, the form of getting information about people through those who work for them is correct. People show their weaknesses most readily before those whom they hold of no account. This fact is well-known, but not sufficiently studied. It is of considerable importance. The Styrian, Peter Rosegger, one of the best students of mankind, once told a first-rate story of how the most intimate secrets of certain people became common talk although all concerned assured him that nobody had succeeded in getting knowledge of them. The news-agent was finally discovered in the person of an old, quiet woman who worked by the day in various homes and had found a place, unobserved and apparently indifferent, in the corner of the sitting-room. Nobody had told her any secrets, but things were allowed to occur before her from which she might guess and put them together. Nobody had watched this disinterested, ancient lady; she worked like a machine; her thoughts, when she noted a quarrel or anxiety or disagreement or joy, were indifferent to all concerned, and so she discovered a great deal that was kept secret from people perceived to be more important. This simple story is very significant—we are not to pay attention to gossips but to keep in mind that the information of people is in the rule more important and more reliable when the question under consideration is indifferent to them than when it is important.

Which of the following can you infer the author believes would make the best interrogators of witnesses?

Adapted from Criminal Psychology: A Manual for Judges, Practitioners, and Students by Hans Gross (1911)

It is a mistake to suppose that it is enough in most cases to study that side of a person that is at the moment important—his or her dishonesty only, his or her laziness, etc. That will naturally lead to merely one-sided judgment and anyway be much harder than keeping the whole person in eye and studying him or her as an entirety. Every individual quality is merely a symptom of a whole nature and can be explained only by the whole complex; the good properties depend as much on the bad ones as the bad on the good ones. At the very least, the quality and quantity of a good or bad characteristic shows the influence of all the other good and bad characteristics. Kindliness is influenced and partly created through weakness, indetermination, too great susceptibility, a minimum acuteness, false constructiveness, untrained capacity for inference; in the same way, again, the most cruel hardness depends on properties which, taken in themselves, are good: determination, energy, purposeful action, clear conception of one's fellows, healthy egotism, etc. Every person is the result of his or her nature and nurture, i.e. of countless individual conditions, and every one of his or her expressions, again, is the result of all of these conditions. If, therefore, he or she is to be judged, he or she must be judged in the light of them all.

For this reason, all those indications that show us the person as a whole are for us the most important, but also those others are valuable which show him or her up on one side only; however, in the latter case, they are to be considered only as an index that never relieves us from the need further to study the nature of our subject.

We ask, for example, what kind of person will give us the best and most reliable information about the conduct and activity, the nature and character, of an individual? We are told: that sort of person who is usually asked for the information—his or her nearest friends and acquaintances and the authorities. Before all of these people do not show themselves as they are because the most honest will show themselves before people in whose judgment they have an interest at least as good as, if not better than they are—that is fundamental to the general egoistic essence of humanity, which seeks at least to avoid reducing its present welfare. Authorities who are asked to make a statement concerning any person can say reliably only how often the individual was punished or came otherwise in contact with the law or themselves. But concerning the individual's social characteristics the authorities have nothing to say; the detectives have to bring an answer. Then the detectives are, at most, simply people who have had the opportunity to watch and interrogate the servants, house-furnishers, porters, and corner-loafers, and other people in the employ of the individual. Why we do not question these people ourselves I cannot say; if we did, we might know these people on whom we depend for important information and might put our questions according to the answers that we need.

It is a purely negative thing that an official declaration is nowadays not infrequently presented to us in the disgusting form of gossip. But in itself, the form of getting information about people through those who work for them is correct. People show their weaknesses most readily before those whom they hold of no account. This fact is well-known, but not sufficiently studied. It is of considerable importance. The Styrian, Peter Rosegger, one of the best students of mankind, once told a first-rate story of how the most intimate secrets of certain people became common talk although all concerned assured him that nobody had succeeded in getting knowledge of them. The news-agent was finally discovered in the person of an old, quiet woman who worked by the day in various homes and had found a place, unobserved and apparently indifferent, in the corner of the sitting-room. Nobody had told her any secrets, but things were allowed to occur before her from which she might guess and put them together. Nobody had watched this disinterested, ancient lady; she worked like a machine; her thoughts, when she noted a quarrel or anxiety or disagreement or joy, were indifferent to all concerned, and so she discovered a great deal that was kept secret from people perceived to be more important. This simple story is very significant—we are not to pay attention to gossips but to keep in mind that the information of people is in the rule more important and more reliable when the question under consideration is indifferent to them than when it is important.

The author would be most likely to view a positive attribute, like being charitable, __________.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) can help countries throughout the world have a more uniform way of navigating the challenging waters of international law surrounding trade. It is not uncommon for two countries to have adopted different laws on international trade that conflict with each other. This becomes a serious problem when trade disputes arise. To help make this concept more tangible, consider the following hypothetical.

Suppose China ships three million dollars' worth of electronics to Uganda using standard bulk shipping transportation methods via a commonly traveled sea route. However, the packaging isn't secured in a manner sufficient to withstand unforeseen weather conditions. As a result, the goods become damaged in transit and are no longer fit for resale. Given that two countries are involved in this transaction–China and Uganda–the question arises as to which country’s trade laws will apply to resolve the matter at hand.

In this scenario, it is fortunate that both China and Uganda are parties to the CISG, which provide for a uniform set of laws governing trade. Such laws cover which party would be responsible for the damaged goods in this scenario. As a result, there will be no dispute as to whether China’s or Uganda's trade laws apply. Given that both countries are parties to the CISG, the laws set forth by the CISG would be applicable.

However, not all countries are parties to the CISG. One example is Rwanda. Even though Rwanda is not a party to the CISG, the fact of the matter is that CISG laws can still apply to it. The CISG applies to trade between countries so long as one of those countries is a party to the CISG (unless the parties expressly specify that the CISG will not apply to their specific trade arrangement). Several of Rwanda's main trade partners, such as the United States, China, Belgium, and Uganda, are parties to the CISG, so the laws of the treaty will apply in those trade agreements. Meanwhile, there is a different story when it comes to Rwanda's trade agreements with Kenya, Swaziland, Tanzania, and Thailand, which are not parties to the CISG. Due to these countries’ lack of membership in the CISG, if a problem ever arose in a trade agreement between Rwanda and one those countries, it would be unclear as to which country’s laws would apply.

There has been heated discussion as to whether Rwanda should sign the CISG. The United Nations Development Program takes the stance that it would behoove Rwanda to join. Whether or not Rwanda decides to become a member, the CISG will still apply to a large portion of its trade agreements, as about 100 countries are in fact CISG members, with a strong portion of those members also being trade partners with Rwanda. On the flip side, some Rwandan politicians believe that valuable autonomy would be lost if Rwanda assented to the CISG. However, given the potential benefits that Rwanda stands to gain from the CISG, these fears do not merit forgoing such a valuable opportunity.

The author would most likely agree with which of these statements?

Adapted from The Common Law, by Oliver Wendell Holmes, Jr. (1881)

To present a general view of the Common Law, other tools are needed besides logic. It is something to show that the consistency of a system requires a particular result, but it is not all. The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed. The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics. In order to know what it is, we must know what it has been, and what it tends to become. We must alternately consult history and existing theories of legislation. But the most difficult labor will be to understand the combination of the two into new products at every stage. The substance of the law at any given time pretty nearly corresponds, so far as it goes, with what is then understood to be convenient; but its form and machinery, and the degree to which it is able to work out desired results, depend very much upon its past.

In Massachusetts today, while, on the one hand, there are a great many rules which are quite sufficiently accounted for by their manifest good sense, on the other, there are some which can only be understood by reference to the infancy of procedure among the German tribes, or to the social condition of Rome under the Decemvirs.

I shall use the history of our law so far as it is necessary to explain a conception or to interpret a rule, but no further. In doing so there are two errors equally to be avoided both by writer and reader. One is that of supposing, because an idea seems very familiar and natural to us, that it has always been so. Many things which we take for granted have had to be laboriously fought out or thought out in past times. The other mistake is the opposite one of asking too much of history. We start with man full grown. It may be assumed that the earliest barbarian whose practices are to be considered, had a good many of the same feelings and passions as ourselves.

Which of the following statements would the author of this passage be most likely to agree with?

Adapted from Commentaries on the Laws of England by William Blackstone (1765-1769)

Law, in its most general and comprehensive sense, signifies a rule of action, and is applied indiscriminately to all kinds of action, whether animate or inanimate, rational or irrational. Thus we say, the laws of motion, of gravitation, of optics, or mechanics, as well as the laws of nature and of nations. And it is that rule of action, that is prescribed by some superior, and that the inferior is bound to obey.

Thus when the supreme being formed the universe, and created matter out of nothing, he impressed certain principles upon that matter, from which it can never depart, and without which it would cease to be. When he put that matter into motion, he established certain laws of motion, to which all moveable bodies must conform. And, to descend from the greatest operations to the smallest, when a workman forms a clock, or other piece of mechanism, he establishes at his own pleasure certain arbitrary laws for its direction; as that the hand shall describe a given space in a given time; to which law as long as the work conforms, so long it continues in perfection, and answers the end of its formation.

If we farther advance, from mere inactive matter to vegetable and animal life, we shall find them still governed by laws; more numerous indeed, but equally fixed and invariable. The whole progress of plants, from the seed to the root, and from thence to the seed again—the method of animal nutrition, digestion, secretion, and all other branches of vital economy—are not left to chance, or the will of the creature itself, but are performed in a wondrous involuntary manner, and guided by unerring rules laid down by the great creator.

This then is the general signification of law, a rule of action dictated by some superior being; and in those creatures that have neither the power to think, nor to will, such laws must be invariably obeyed, so long as the creature itself subsists, for it's existence depends on that obedience. But laws, in their more confined sense, and in which it is our present business to consider them, denote the rules, not of action in general, but of human action or conduct: that is, the precepts by which man, the noblest of all sublunary beings, a creature endowed with both reason and free will, is commanded to make use of those faculties in the general regulation of his behavior.

Which of the following opinions would the author most likely hold?

Adapted from Commentaries on the Laws of England by William Blackstone (1765-1769)

Municipal law, thus understood, is properly defined to be "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong." Let us endeavor to explain its several properties as they arise out of this definition.

And, first, it is a rule; not a transient sudden order from a superior to or concerning a particular person; but something permanent, uniform, and universal. Therefore, a particular act of the legislature to confiscate the goods of Titius or to attaint him of high treason does not enter into the idea of a municipal law: for the operation of this act is spent upon Titius only and has no relation to the community in general. But an act to declare that the crime of which Titius is accused shall be deemed high treason; this has permanency, uniformity, and universality, and therefore is properly a rule. It is also called a rule to distinguish it from advice or counsel, which we are at liberty to follow or not, as we see proper, and to judge upon the reasonableness or unreasonableness of the thing advised. Whereas our obedience to the law depends not upon our approbation, but upon the maker's will. Counsel is only matter of persuasion, law is matter of injunction; counsel acts only upon the willing, law upon the unwilling also.

It is also called a rule to distinguish it from a compact or agreement; for a compact is a promise proceeding from us, and law is a command directed to us. The language of a compact is, "I will, or will not, do this”; that of a law is, "Thou shalt, or shalt not, do it." It is true there is an obligation that a compact carries with it, equal in point of conscience to that of a law; but then the original of the obligation is different. In compacts, we ourselves determine and promise what shall be done, before we are obliged to do it; in laws, we are obliged to act, without ourselves determining or promising any thing at all. Upon these accounts law is defined to be "a rule."

It is likewise "a rule prescribed,” because a bare resolution, confined in the breast of the legislator, without manifesting itself by some external sign, can never be properly a law. It is requisite that this resolution be notified to the people who are to obey it. But the manner in which this notification is to be made is matter of very great indifference. It may be notified by universal tradition and long practice, which supposes a previous publication, and is the case of the common law of England. It may be notified, viva voce, by officers appointed for that purpose, as is done with regard to proclamations, and such acts of parliament as are appointed to be publicly read in churches and other assemblies. It may lastly be notified by writing, printing, or the like; which is the general course taken with all our acts of parliament.

Yet, whatever way is made use of, it is incumbent on the promulgators to do it in the most public and perspicuous manner; not like Caligula, who wrote his laws in a very small character, and hung them up upon high pillars, the more effectually to ensnare the people. There is still a more unreasonable method than this, which is called making of laws ex post facto; when after an action is committed, the legislator then for the first time declares it to have been a crime, and inflicts a punishment upon the person who has committed it. Here it is impossible that the party could foresee that an action, innocent when it was done, should be afterwards converted to guilt by a subsequent law; he had therefore no cause to abstain from it, and all punishment for not abstaining must of consequence be cruel and unjust. But when this rule is in the usual manner notified, or prescribed, it is then the subject's business to be thoroughly acquainted therewith; for if ignorance, of what he might know, were admitted as a legitimate excuse, the laws would be of no effect, but might always be eluded with impunity.

Which of the following statements would the author of the passage be most likely to support?

"The Supreme Court" by William Floyd (2015)

Supreme Court decisions frame the understanding of law in America in a way no other body of writing has come close to approaching. While the Constitution and Acts of Congress are the actual law of the land, only through the interpretation, approval, and arguments of the nine Justices of the Supreme Court do these laws have a full meaning and power throughout the nation. Despite this place of prominence, the actual knowledge of Supreme Court decisions by most Americans is shockingly limited. The full depth and meaning of what the Supreme Court says is often elided for a popular opinion that remarkably distorts the ultimate meaning of the rulings of the highest court in the land.

Take the famous 1973 decision Roe v. Wade. Popularly, the case is known as the event which made abortion legal throughout the United States, becoming a flash point both for pro-abortion and anti-abortion activists in the four decades since the Court handed down the decision. In actuality, the court decided that there was an inherent right to privacy in the Constitution through the due process clause of the Fourteenth Amendment, which could not be violated by state or Federal laws that outlawed aborting a fetus, whether it targeted the woman seeking an abortion or the doctor performing the procedure. In essence, the court did not assert that abortion was legal, but rather that the state could not make abortion illegal. The practical difference might be quite small, but the legal difference is significant.

More importantly, the ruling was a 7-2 decision, which meant that along with the majority opinion which found a right to privacy, there were two dissents which emphatically did not find such a right. Justice Byron White famously wrote, “I find nothing in the language or history of the Constitution to support the court’s judgement.” While lower courts, legislators, and law enforcement officials had to comply with the majority opinion, a future Supreme Court decision can look to what Justice White argued and find that there is in fact no right to privacy inherent in the Fourteenth Amendment. This is the part of Supreme Court decisions that most confuses the general public. The majority decision holds as law, but all the opinions are part of the larger record and fabric of the Supreme Court. This means that the law of the land, when filtered through the arguments of the Supreme Court, can and will change depending on who is sitting in the nine chairs of the dais in the Supreme Court building.

Which of the following can be inferred about the author's opinions toward the Roe v. Wade case?

Passage adapted from Courts and Criminals (1912)by Arthur Train.

But as the examination of the panel and the opening address come last in point of chronology it will be well to begin at the beginning and see what the labors of the prosecutor are in the initial stages of preparation. Let us take, for example, some notorious case, where an unfortunate victim has died from the effects of a poisoned pill or draught of medicine, or has been found dead in his room with a revolver bullet in his heart. Sometime before the matter has come into the hands of the prosecutor, the press and the police have generally been doing more or less (usually less) effective work upon the case. The yellow journals have evolved some theory of who is the culprit and have loosed their respective reporters and "special criminologists" upon him. Each has its own idea and its own methods—often unscrupulous. And each has its own particular victim upon whom it intends to fasten the blame. Heaven save his reputation! Many an innocent man has been ruined for life through the efforts of a newspaper "to make a case," and, of course, the same thing, though happily in a lesser degree, is true of the police and of some prosecutors as well.

In every great criminal case there are always four different and frequently antagonistic elements engaged in the work of detection and prosecution—first, the police; second, the district attorney; third, the press; and, lastly, the personal friends and family of the deceased or injured party. Each for its own ends—be it professional pride, personal glorification, hard cash, or revenge—is equally anxious to find the evidence and establish a case. Of course, the police are the first ones notified of the commission of a crime, but as it is now almost universally their duty to inform at once the coroner and also the district attorney thereof, a tripartite race for glory frequently results which adds nothing to the dignity of the administration of criminal justice.

The coroner is at best no more than an appendix to the legal anatomy, and frequently he is a disease. The spectacle of a medical man of small learning and less English trying to preside over a court of first instance is enough to make the accused himself chuckle for joy.

Not long ago the coroners of New York discovered that, owing to the fact that the district attorney or his representatives generally arrived first at the scene of any crime, there was nothing left for the "medicos" to do, for the district attorney would thereupon submit the matter at once to the grand jury instead of going through the formality of a hearing in the coroner's court. The legal medicine men felt aggrieved, and determined to be such early birds that no worm should escape them. Accordingly, the next time one of them was notified of a homicide he raced his horse down Madison Avenue at such speed that he collided with a trolley car and broke his leg.

It can be inferred from the passage that the author views coroners as ___________.

"529 College Savings Plans"

Section 529 of the Internal Revenue Code encourages saving for future college costs through a kind of tax-advantaged savings account. A 529 plan describes a program establishing savings accounts for all manner of college costs in which the account holder trades investment risk for the prospect of growing the balance. As with all securities, novice investors should consult with a licensed broker before investing money in a 529 plan.

A 529 college savings account comes into existence when an investor chooses a plan and names a beneficiary. States drove the creation of this investment vehicle in response to rising education costs and still manage the investment funds for all 529 plans. Brokers come into the picture when selecting a plan since an account holder need not be a resident of the state managing it. Plans offered by individual states differ, but all benefit from favorable federal tax treatment.

However, securing the tax benefits requires professional care. Section 529 shields contributions to plan savings accounts from federal income taxes up to an annual limit of $14,000 for each beneficiary. The money remains tax-exempt as long as it goes to pay for “qualified higher education expenses,” a definition which now includes computer and internet costs. A withdrawal from a 529 account for any other purpose will likely trigger federal tax liability and a 10 percent penalty.

For his or her part, the beneficiary enjoys a passive role in the investment process. The account holder controls the investment strategy and can choose to allocate funds to conservative or aggressive growth options. Many state 529 plans offer something similar to a retirement pathways account that becomes more conservative as the beneficiary gets closer to the anticipated date of college enrollment. A professional broker can help navigate the options.

A broker can also help an investor avoid missteps after the account is created. Unlike with retirement accounts, federal tax law restricts investment changes to one per calendar year. An account holder can change the beneficiary of a 529 plan or rollover unused funds to a new beneficiary without penalty, but only if the original and new beneficiaries are related. The state agency managing a 529 plan may place additional restrictions on changing the account.

Finally, it is important to have guidance fitting a 529 account into the overall strategy for paying for college. A beneficiary can use 529 plan funds for the same broad purposes as financial aid. As a result, it may reduce the beneficiary’s eligibility for need-based grants or loans.

Of course, using a broker will increase the transaction costs. A broker who helps the account holder navigate to the best state plan will charge a transaction fee or “load.” The broker can shift the load to various phases in the investment process in order to optimize the cost depending on how long the account holder plans to keep the investment.

Based on the author’s arguments, it can be inferred that the author would be likely to agree with which of the following statements?

To create the Trafficking in Persons (TIPS) Report, the Secretary of State ranks countries according to a system of tiers based on the efforts those countries make against human trafficking. According to the United States, the minimum conditions that a country must meet to be a country in good standing, designated as a Tier 1 country, are somewhat subjective. There must be “serious and sustained efforts to eliminate human trafficking,” such as prohibiting and punishing acts of human trafficking, taking measures to deter offenses in the future, creating public awareness, and protecting victims of human trafficking.

Tier 2 countries do not fully comply with the standards for Tier 1 countries, but are making significant efforts to do so. Tier 2 Watch List countries meet the same criteria as Tier 2 countries, but also satisfy one of the following: 1) the number of victims of severe forms of trafficking is very significant or significantly increasing; 2) no evidence can be shown that there are increasing efforts to combat severe forms of trafficking in persons from the previous year; or 3) the finding that a country was making significant efforts to comply with minimum standards was based on that country’s commitment to take future steps over the next year. Tier 3 countries do not fully comply with the minimum standards and are not making significant efforts to do so. The penalties for Tier 3 countries include being subject to certain sanctions such as: the withdrawal of non-humanitarian and non-trade related foreign assistance, not receiving funding for educational and cultural exchange programs, and potential U.S. opposition to assistance from international financial institutions such as the World Bank and International Monetary Fund.

The TIPS Report relies on U.S. missions to regularly meet with foreign government officials in order to gain information about human trafficking in countries throughout the world. It is the world’s most comprehensive report on human trafficking, and is trusted as an accurate depiction of the policies and laws being used in various countries. Specifically, the TIPS Report evaluates countries’ efforts against human trafficking based on the efforts taken in the areas of prosecution, prevention, and protection. The evaluation of a country’s prosecution efforts is based on whether laws against human trafficking exist and are actively enforced against perpetrators. Prevention efforts should focus on raising public awareness about human trafficking and rectifying laws that make certain populations more vulnerable to human trafficking than others. Finally, protection efforts seek to address the needs of existing or potential victims.

It can be inferred from the passage that the primary purpose of the TIPS report is to:

Adapted from The Common Law, by Oliver Wendell Holmes, Jr. (1881)

To present a general view of the Common Law, other tools are needed besides logic. It is something to show that the consistency of a system requires a particular result, but it is not all. The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed. The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics. In order to know what it is, we must know what it has been, and what it tends to become. We must alternately consult history and existing theories of legislation. But the most difficult labor will be to understand the combination of the two into new products at every stage. The substance of the law at any given time pretty nearly corresponds, so far as it goes, with what is then understood to be convenient; but its form and machinery, and the degree to which it is able to work out desired results, depend very much upon its past.

In Massachusetts today, while, on the one hand, there are a great many rules which are quite sufficiently accounted for by their manifest good sense, on the other, there are some which can only be understood by reference to the infancy of procedure among the German tribes, or to the social condition of Rome under the Decemvirs.

I shall use the history of our law so far as it is necessary to explain a conception or to interpret a rule, but no further. In doing so there are two errors equally to be avoided both by writer and reader. One is that of supposing, because an idea seems very familiar and natural to us, that it has always been so. Many things which we take for granted have had to be laboriously fought out or thought out in past times. The other mistake is the opposite one of asking too much of history. We start with man full grown. It may be assumed that the earliest barbarian whose practices are to be considered, had a good many of the same feelings and passions as ourselves.

Which of the following statements would the author of the passage be most likely to disagree with most strongly?

Adapted from The Path of Law, by Oliver Wendell Holmes, Jr. (1897)

When we study law we are not studying a mystery but a well known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them, is that in societies like ours the command of the public force is intrusted to the judges in certain cases, and the whole power of the state will be put forth, if necessary, to carry out their judgments and decrees. People want to know under what circumstances and how far they will run the risk of coming against what is so much stronger than themselves, and hence it becomes a business to find out when this danger is to be feared. The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts.

The means of the study are a body of reports, of treatises, and of statutes, in this country and in England, extending back for six hundred years, and now increasing annually by hundreds. In these sibylline leaves are gathered the scattered prophecies of the past upon the cases in which the axe will fall. These are what properly have been called the oracles of the law. Far the most important and pretty nearly the whole meaning of every new effort of legal thought is to make these prophecies more precise, and to generalize them into a thoroughly connected system. The process is one, from a lawyer's statement of a case, eliminating as it does all the dramatic elements with which his client's story has clothed it, and retaining only the facts of legal import, up to the final analyses and abstract universals of theoretic jurisprudence. The reason why a lawyer does not mention that his client wore a white hat when he made a contract, while Mrs. Quickly would be sure to dwell upon it along with the parcel gilt goblet and the sea-coal fire, is that he foresees that the public force will act in the same way whatever his client had upon his head. It is to make the prophecies easier to be remembered and to be understood that the teachings of the decisions of the past are put into general propositions and gathered into textbooks, or that statutes are passed in a general form. The primary rights and duties with which jurisprudence busies itself again are nothing but prophecies. One of the many evil effects of the confusion between legal and moral ideas, about which I shall have something to say in a moment, is that theory is apt to get the cart before the horse, and consider the right or the duty as something existing apart from and independent of the consequences of its breach, to which certain sanctions are added afterward. But, as I shall try to show, a legal duty so called is nothing but a prediction that if a man does or omits certain things he will be made to suffer in this or that way by judgment of the court; and so of a legal right.

The number of our predictions when generalized and reduced to a system is not unmanageably large. They present themselves as a finite body of dogma which may be mastered within a reasonable time. It is a great mistake to be frightened by the ever-increasing number of reports. The reports of a given jurisdiction in the course of a generation take up pretty much the whole body of the law, and restate it from the present point of view. We could reconstruct the corpus from them if all that went before were burned.

Which of the following views is most nearly opposed to the main thesis of the author?

Adapted from The Path of Law, by Oliver Wendell Holmes, Jr. (1897)

When we study law we are not studying a mystery but a well known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them, is that in societies like ours the command of the public force is intrusted to the judges in certain cases, and the whole power of the state will be put forth, if necessary, to carry out their judgments and decrees. People want to know under what circumstances and how far they will run the risk of coming against what is so much stronger than themselves, and hence it becomes a business to find out when this danger is to be feared. The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts.

The means of the study are a body of reports, of treatises, and of statutes, in this country and in England, extending back for six hundred years, and now increasing annually by hundreds. In these sibylline leaves are gathered the scattered prophecies of the past upon the cases in which the axe will fall. These are what properly have been called the oracles of the law. Far the most important and pretty nearly the whole meaning of every new effort of legal thought is to make these prophecies more precise, and to generalize them into a thoroughly connected system. The process is one, from a lawyer's statement of a case, eliminating as it does all the dramatic elements with which his client's story has clothed it, and retaining only the facts of legal import, up to the final analyses and abstract universals of theoretic jurisprudence. The reason why a lawyer does not mention that his client wore a white hat when he made a contract, while Mrs. Quickly would be sure to dwell upon it along with the parcel gilt goblet and the sea-coal fire, is that he foresees that the public force will act in the same way whatever his client had upon his head. It is to make the prophecies easier to be remembered and to be understood that the teachings of the decisions of the past are put into general propositions and gathered into textbooks, or that statutes are passed in a general form. The primary rights and duties with which jurisprudence busies itself again are nothing but prophecies. One of the many evil effects of the confusion between legal and moral ideas, about which I shall have something to say in a moment, is that theory is apt to get the cart before the horse, and consider the right or the duty as something existing apart from and independent of the consequences of its breach, to which certain sanctions are added afterward. But, as I shall try to show, a legal duty so called is nothing but a prediction that if a man does or omits certain things he will be made to suffer in this or that way by judgment of the court; and so of a legal right.

The number of our predictions when generalized and reduced to a system is not unmanageably large. They present themselves as a finite body of dogma which may be mastered within a reasonable time. It is a great mistake to be frightened by the ever-increasing number of reports. The reports of a given jurisdiction in the course of a generation take up pretty much the whole body of the law, and restate it from the present point of view. We could reconstruct the corpus from them if all that went before were burned.

Which of the following most closely matches the author's opinion on why laypeople consult lawyers?

Adapted from Wilkerson v. Utah, 99 U.S. 130 (1878)

Cruel and unusual punishments are forbidden by the Constitution, but the authorities referred to are quite sufficient to show that the punishment of shooting as a mode of executing the death penalty for the crime of murder in the first degree is not included in that category, within the meaning of the eighth amendment. Soldiers convicted of desertion or other capital military offences are in the great majority of cases sentenced to be shot, and the ceremony for such occasions is given in great fullness by the writers upon the subject of courts-martial.

Where the conviction is in the civil tribunals, the rule of the common law was that the sentence or judgment must be pronounced or rendered by the court in which the prisoner was tried or finally condemned, and the rule was universal that it must be such as is annexed to the crime by law. Of these, says Blackstone, some are capital, which extend to the life of the offender, and consist generally in being hanged by the neck till dead.

Such is the general statement of that commentator, but he admits that in very atrocious crimes other circumstances of terror, pain, or disgrace were sometimes superadded. Cases mentioned by the author are where the prisoner was drawn or dragged to the place of execution, in treason; or where he was emboweled alive, beheaded, and quartered, in high treason. Mention is also made of public dissection in murder, and burning alive in treason committed by a female. History confirms the truth of these atrocities, but the commentator states that the humanity of the nation by tacit consent allowed the mitigation of such parts of those judgments as savored of torture or cruelty, and he states that they were seldom strictly carried into effect.

Difficulty would attend the effort to define with exactness the extent of the constitutional provision which provides that cruel and unusual punishments shall not be inflicted; but it is safe to affirm that punishments of torture, such as those mentioned by the commentator referred to, and all others in the same line of unnecessary cruelty, are forbidden by that amendment to the Constitution.

It can be inferred from the information provided in the passage that "Blackstone" is __________.