LSAT Explanation PT 39, S4, Q3: Tom: Critics of recent high court

LSAT Question Stem

Mary responds to Tom's argument in which one of the following ways? 

Logical Reasoning Question Type

This is a Method of Reasoning question. 

Correct Answer

The correct answer to this question is E. 

LSAT Question Complete Explanation

In this passage, we have two speakers, Tom and Mary, who are discussing high court decisions and the overturning of legal precedents. Tom argues that since high courts in the past often repudiated legal precedents without causing harm to the legal system, the critics' objections must be politically motivated and should be ignored. Mary, on the other hand, introduces a distinction between overturning old, outdated precedents and overturning recent rulings. She argues that overturning recent rulings can diminish the law as it may be seen as unstable and capricious. The question type is Method of Reasoning (MOR), which asks us to identify the way in which Mary responds to Tom's argument.

Let's analyze each answer choice:

a) Mary does not question Tom's claim about the effects of reversals by high courts of the past. In fact, she agrees that high courts have repudiated precedents in the past without causing harm to the legal system. She simply introduces a distinction between overturning old, outdated precedents and overturning recent rulings.

b) Mary does not agree with Tom's evaluation of the critics' motives, nor does she introduce evidence about the difficulty of discerning such motives in practice. Her argument focuses on the difference between overturning old, outdated precedents and overturning recent rulings.

c) This answer choice is close but not quite accurate. Mary does defend the practice of overturning precedents, but she does not specifically mention that it has usually been resorted to only after due deliberation. The focus of her argument is the distinction between overturning old, outdated precedents and overturning recent rulings.

d) Mary does not point out that Tom's conclusion rests on an assumption contradicted by the evidence he presents. Instead, she introduces a distinction between overturning old, outdated precedents and overturning recent rulings, arguing that the latter can diminish the law.

e) This answer choice is correct. Mary introduces a distinction between two kinds of situations in which precedents are overturned: overturning old, outdated precedents and overturning recent rulings. She argues that there is a difference between these two situations that Tom fails to take into account, specifically that overturning recent rulings can diminish the law.

In summary, Mary responds to Tom's argument by introducing a distinction between overturning old, outdated precedents and overturning recent rulings, arguing that the latter can diminish the law. The correct answer is E.