@hdeol, questions like this are often looking for the overarching argument being made in the passage as a whole. This is why it's so important to read the whole passage and understand what's going on before tackling the questions. (D) essentially says that judges would throw out precedents if those precedent setting cases were being interpreted differently. However, nothing in the passage suggests that judges would throw out precedent but rather would interpret precedents differently based on their current context. The passage does, however, deal directly with the concept behind (B) which is that based on the realists' approach, judges may differ in opinion on the legal basis for any particular case. Lines 44 to the end all suggest this.
These questions tend to have a trick built into them in which the LSAT designers provide answers that "could be true" but are too narrow to be necessarily be true "must be true." Remember, that most of the questions in the reading comprehension section are going to be must be true style questions, so when it asks for something like "most likely to all have agreed with..." you're looking for a "must be true" conclusion. (D) deals with a narrow hypothetical which could possibly be part of an extended discussion about this, but (B) deals directly with the information given and follows logically from it.
hdeolJuly 1, 2018
I seem to just have trouble comprehending legal passages in general... I can get almost perfect on the other types RC passages but miss about 5 to 6 on just legal passages. What would you suggest for the best way to improve my performance.
AnitaJuly 2, 2018
@hdeol The best thing to do is to not divide them up into their categories. Each test, a different type of passage may be the most difficult. If you see a legal passage and get nervous because you've not done your best on them in the past, then you're less likely to do well on them in the future. That is, it's important to stay calm and approach them just like all other passages.
Additionally, I would suggest reading the Economist and similar publications with a more academic type writing. Getting used to reading passages about the law written like the ones on the LSAT will help you on the test.
Finally, just be sure to keep practicing them - it's true that you will start to understand what they're looking for the more you do them and the more you review all your answers.
MehranJuly 3, 2018
Hey @hdeol, thanks for your post. We would love to help you diagnose this pattern. Can you tell us a little more about what you think is happening on legal RC passages? For example, sometimes students (ironically) do more poorly on passages about subjects they feel more familiar with - because they think they know something about the subject, they read less carefully. Other students find certain topics (science, law) intimidating, and psyche themselves out (creating a self-fulfilling prophecy). Any additional insight you can provide regarding the hang up will help us help you troubleshoot.
That said, the approach to all RC passages - regardless of topic/subject area - is the same. You want to try to understand the purpose of each paragraph and the main point of the passage overall. You want to notice examples, comparisons, and distinctions. You want to focus on textual support for answer choices to help you select the correct option.
Let us know if we can be of more assistance. Best of luck.
hdeolJuly 4, 2018
I tend to get main point questions right most of the time but miss detail and inference questions. Such as which of the following can be inferred or these lines in the passage mean this. Or the authors tone about x is....
