The correct answer is (E), but let's take a look at both (B) and (E).
(B) says, "It possesses a clear set of legal rules in theory, but in practice most judges are unaware of the strict meaning of those rules."
(B) is incorrect because the realists actually made the argument that there isn't a clear set of legal rules, even in theory. In looking at the end of the first paragraph of the passage, we see that the realists think that indeterminacy pervades every part of the law. Also, the realists do not necessarily think that judges aren't aware of the rules; rather, the judges choose which rules they want to apply in each case they look at. Thus, (B) is out.
(E) says, "It treats the difference between the holding and the dicta in a written opinion rather loosely in practice."
The passage's final paragraph delves into the issue of the holding/dicta distinction. Realists think that the distinction is loose, which results in judges cherry picking rules from prior decisions (regardless of whether they're in the holding or the dicta) to apply to their own specific cases. The final paragraph gives us all the support we need to know that (E) is the correct answer.
Hope this helps. Let us know if you have any more questions!
gmaramaraMarch 5, 2020
Can you give a layout of how you organized/condensed the information in each paragraph? The last paragraph was long and difficult for me to capture key concepts. Any tips on note taking in passages like these? Thanks!
gmaramaraMarch 5, 2020
Can you give a layout of how you organized/condensed the information in each paragraph? The last paragraph was long and difficult for me to capture key concepts. Any tips on note taking in passages like these? Thanks!
