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Legal rules are expressed in general terms. They concern classificatio

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Legal rules are expressed in general terms. They concern classificatio  [#permalink]

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New post 03 Jul 2018, 10:12
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A
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E

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Question Stats:

55% (02:06) correct 45% (02:22) wrong based on 106 sessions

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Legal rules are expressed in general terms. They concern classifications of persons and actions and they prescribe legal consequences for persons and actions falling into the relevant categories. The application of a rule to a particular case, therefore, involves a decision on whether the facts of that case fall within the categories mentioned in the rule. This decision establishes the legal effect of what happened rather than any matter of fact.

The passage provides the most support for which one of the following?


(A) Legal rules, like matters of fact, are concerned with classifications of things such as actions.

(B) Matters of fact, like legal rules, can sometimes be expressed in general terms.

(C) Making a legal decision does not involve matters of fact.

(D) The application of a rule to a particular case need not be left to a judge.

(E) Whether the facts of a case fall into a relevant category is not itself a matter of fact.

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Re: Legal rules are expressed in general terms. They concern classificatio  [#permalink]

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New post 03 Jul 2018, 11:18
Bunuel wrote:
Legal rules are expressed in general terms. They concern classifications of persons and actions and they prescribe legal consequences for persons and actions falling into the relevant categories. The application of a rule to a particular case, therefore, involves a decision on whether the facts of that case fall within the categories mentioned in the rule. This decision establishes the legal effect of what happened rather than any matter of fact.

The passage provides the most support for which one of the following?


(A) Legal rules, like matters of fact, are concerned with classifications of things such as actions.

(B) Matters of fact, like legal rules, can sometimes be expressed in general terms.

(C) Making a legal decision does not involve matters of fact.

(D) The application of a rule to a particular case need not be left to a judge.

(E) Whether the facts of a case fall into a relevant category is not itself a matter of fact.


The author distinguishes between categorization of facts and the factual position of what actually occurred/happened, hence answer must be (E)
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Re: Legal rules are expressed in general terms. They concern classificatio  [#permalink]

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New post 05 Jul 2018, 09:50
For application of a law, two things are taken into consideration:
1. Category of person concerned.
2. Category of action concerned.

Besides these, any other fact related to the case is not a determining factor.

Hence, Ans E: Facts of the case are irrelevant in deciding which law should be applicable.

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Re: Legal rules are expressed in general terms. They concern classificatio &nbs [#permalink] 05 Jul 2018, 09:50
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