ParadoxDiff: Hard

Logic Breakdown

Passage Summary: Good writing is easy to misinterpret, so judges usually write boring legal documents to be clear. However, their 'dissenting' notes are often beautifully written.

Reasoning: High literary quality is avoided in judicial decisions to prevent misinterpretation, yet it is frequently found in dissenting opinions within those same decisions.

Analysis: The paradox lies in the differing standards for 'judicial decisions' versus 'dissenting opinions.' If the primary reason to avoid high literary style is to prevent the law from being misinterpreted, then the presence of that style in dissents suggests that dissents don't share that same risk or function. Look for an answer that explains why a dissent's clarity is less critical—perhaps because a dissent, unlike a majority opinion, does not establish a binding legal rule that others must follow.

Passage Stimulus

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22.

Which one of the following, if true, most helps to resolve the apparent discrepancy in the statements above?

Correct Answer
C
If dissenting opinions do not to any great extent determine the law, then they are not bound by the same clarity-over-literary constraint that applies to majority decisions. This explains why dissenting opinions can be of high literary quality while the main decision is not.
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