Solitary Passages Questions - - Question 15

According to the passage, the realists argued that which one of the following is true of a common-law system?

Katie-Pleiss May 19, 2020

Why not A?

I see why E is true, but I also thought A could be true as well.

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shunhe May 19, 2020

Hi @Katie-Pleiss,

Thanks for the question! So we’re being asked here for which one of the following is true of a common-law system. Let’s take a look at (A), which tells us that the common-law system gives rise to numerous situations in which the decisions of earlier judges are found to be in error by later judges. Obviously, this may be the case in real life, but remember, we can’t bring in outside information when doing reading comprehension passages. Where in the passage does it say that it is because of the common-law system itself that there are judges overturning earlier judges? Nowhere! In fact, the idea of overturning a decision isn’t even really mentioned. Yes, the passage does hint at it because judges can redefine the holdings and dicta, but the application the passage mentions is interpreting precedent of previous cases, not of overturning those cases. So (A) goes too far, and definitely isn’t as good as (E), which is mentioned directly in the passage.

Hope this helps! Feel free to ask any other questions that you might have.