LSAT Explanation PT 39, S4, Q2: Tom: Critics of recent high court

LSAT Question Stem

Which one of the following most accurately expresses the point at issue between Tom and Mary? 

Logical Reasoning Question Type

This is a Disagree question. 

Correct Answer

The correct answer to this question is A. 

LSAT Question Complete Explanation

The question type for this problem is a Point at Issue, which means we need to identify the main point of disagreement between Tom and Mary based on their statements in the passage.

Let's first analyze the argument in the passage. Tom's argument can be summarized as follows:

Premise: High courts in the past have repudiated legal precedents without causing harm to the legal system.

Conclusion: Critics' objections to recent high court decisions must be politically motivated and should be ignored.

Mary's argument can be summarized as follows:

Premise: High courts have overturned precedents in the past when they were old and outdated.

Premise: Recently overturned rulings were not old and outdated.

Conclusion: Overturning recent legal rulings diminishes the law, making it appear unstable and capricious.

Now, let's discuss the answer choices:

a) whether the overturning of recent high court precedents will harm the legal system

This answer choice is correct because it accurately captures the point of disagreement between Tom and Mary. Tom argues that overturning legal precedents is not harmful, while Mary argues that overturning recent rulings is harmful as it makes the law appear unstable.

b) whether the overturning of recent high court precedents was politically motivated

This answer choice is incorrect because neither Tom nor Mary directly discuss the motivation behind the recent high court decisions themselves. Tom only claims that the critics' objections are politically motivated.

c) whether critics of recent high court decisions in fact advanced the claim Tom cites

This answer choice is incorrect because it is not a point of disagreement between Tom and Mary. Tom cites the critics' claim, but Mary does not directly comment on it.

d) whether a precedent that is clearly outdated is in need of being overturned

This answer choice is incorrect because it is not a point of disagreement between Tom and Mary. Both seem to agree that outdated precedents can be overturned, but their disagreement lies in the consequences of overturning recent rulings.

e) whether judicial decisions that seem progressive at first can quickly become outdated

This answer choice is incorrect because neither Tom nor Mary comment on this issue. Their disagreement is focused on the consequences of overturning recent legal rulings, not on the speed at which rulings become outdated.

In conclusion, the correct answer choice is (a), as it accurately captures the point at issue between Tom and Mary: whether the overturning of recent high court precedents will harm the legal system.