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PrashantPonde
Joined: 27 Jun 2012
Last visit: 29 Jan 2025
Posts: 311
Given Kudos: 185
Concentration: Strategy, Finance
Schools: Haas EWMBA '17
Updated on: 14 Feb 2020, 09:49
Originally posted by PrashantPonde on 24 Feb 2013, 23:20.
Last edited by Sajjad1994 on 14 Feb 2020, 09:49, edited 2 times in total.
Last edited by Sajjad1994 on 14 Feb 2020, 09:49, edited 2 times in total.
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C
Be sure to select an answer first to save it in the Error Log before revealing the correct answer (OA)!
Difficulty:
85%
(hard)
Question Stats:
50% (02:11) correct
50%
(02:23)
wrong
based on 541
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The writing styles in works of high literary quality are not well suited to the avoidance of misinterpretation. For this reason, the writing in judicial decisions, which are primarily intended as determinations of law, is rarely of high literary quality. However, it is not uncommon to find writing of high literary quality in dissenting opinions, which are sometimes included in written decisions in cases heard by a panel of judges.
Which one of the following, if true, most helps to resolve the apparent discrepancy in the statements above?
(A) It is not uncommon for more than one judge to have an influence on the way a dissenting opinion is written.
(B) Unlike literary works, legal opinions rely heavily on the use of technical terminology.
(C) The law is not to any great extent determined by dissenting opinions.
(D) Judges spend much more time reading judicial decisions than reading works of high literary quality.
(E) Judicial decisions issued by panels of judges are likely to be more widely read than are judicial decisions issued by a single judge who hears a case alone.
Which one of the following, if true, most helps to resolve the apparent discrepancy in the statements above?
(A) It is not uncommon for more than one judge to have an influence on the way a dissenting opinion is written.
(B) Unlike literary works, legal opinions rely heavily on the use of technical terminology.
(C) The law is not to any great extent determined by dissenting opinions.
(D) Judges spend much more time reading judicial decisions than reading works of high literary quality.
(E) Judicial decisions issued by panels of judges are likely to be more widely read than are judicial decisions issued by a single judge who hears a case alone.
25 Feb 2013, 07:03
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On these resolve a discrepancy/paradox questions, you are given a set of facts (no conclusion) that seem to be at odds with each other. In other words, it doesn't seem like they can both be true at the same time. You need to find an answer choice that provides information that resolves the discrepancy/paradox and allows them to both be true at the same time.
In this case we are told that judicial opinions are not of high literary quality because judicial opinions are used to determine law and writing of high literary quality can be misinterpreted (we don't want laws to be misinterpreted). Given these facts, we would also expect dissenting opinions to not be of high literary quality, but the passage states that some dissenting opinions are of high literary quality. How can this be true? The answer will tell us why dissenting opinions are free to be of high literary quality even though that can lead to misinterpretation.
A) Number of judges doesn't tell us why literary quality can be high
B) This deals with "legal opinions" in general and not disseenting opinions specifically and there is no information to suggest that technical terminology is part of low or high literary quality
C) If dissenting opinions are not used to determine the law then they don't have the same requirements against misintepretation so they CAN be of high literary quality - this resolves the discrepancy - CORRECT
D) This discusses the judges personal reading habits and provides no information about why dissenting opinions could be of high literary quality
E) No information in the passage relates dissenting opinions to numbers of judges involved in judicial opinions - this does not give us information on dissenting opinions.
You must be able to "spot" the discrepancy/paradox in the passage in order to find the correct answer. It is sometimes helpful to put the discrepancy/paradox in your own words (perhaps written on your paper) before you go through the list of answers.
KW
In this case we are told that judicial opinions are not of high literary quality because judicial opinions are used to determine law and writing of high literary quality can be misinterpreted (we don't want laws to be misinterpreted). Given these facts, we would also expect dissenting opinions to not be of high literary quality, but the passage states that some dissenting opinions are of high literary quality. How can this be true? The answer will tell us why dissenting opinions are free to be of high literary quality even though that can lead to misinterpretation.
A) Number of judges doesn't tell us why literary quality can be high
B) This deals with "legal opinions" in general and not disseenting opinions specifically and there is no information to suggest that technical terminology is part of low or high literary quality
C) If dissenting opinions are not used to determine the law then they don't have the same requirements against misintepretation so they CAN be of high literary quality - this resolves the discrepancy - CORRECT
D) This discusses the judges personal reading habits and provides no information about why dissenting opinions could be of high literary quality
E) No information in the passage relates dissenting opinions to numbers of judges involved in judicial opinions - this does not give us information on dissenting opinions.
You must be able to "spot" the discrepancy/paradox in the passage in order to find the correct answer. It is sometimes helpful to put the discrepancy/paradox in your own words (perhaps written on your paper) before you go through the list of answers.
KW
General Discussion
25 Feb 2013, 03:54
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I took almost 3 minuted will go with B..My Reasoning....
High quality literature, often difficult to decipher, is not often used in judicial decision, but dissenting opinions does use it often...
a) It is not uncommon for more than one judge to have an influence on the way a dissenting opinion is written
How does more than one judge affects the literary quality? unless we assume that the more are the judges in panel the more is the probability of inclusion of high literary work..
b)Unlike literary works, legal opinions rely heavily on the use of technical terminology.
If legal opinions rely on technical terminology, then at least in some of the cases the literary quality will be controlled by the terminologies and not by the panel...this can be a probable reason to resolve the paradox and hence could be an answer
c)The law is not to any great extent determined by dissenting opinions
It does not matter to what extent law is determined by dissenting opinions...this point doesnt help to resolve
the paradox.
d)Judges spend much more time reading judicial decisions than reading works of high literary quality.
OK if this is the case then judge will always write (if at all they do) the decisions in the way judicial laws are written ...that i.e least chance of any high quality literary work
e)Judicial decisions issued by panels of judges are likely to be more widely read than are judicial decisions issued by a single judge who hears a case alone
this point in fact worsens the paradox....If the judicial decisions issued by panel of judges are more widely read, why would they make it complicated by using high quality literary work??
High quality literature, often difficult to decipher, is not often used in judicial decision, but dissenting opinions does use it often...
a) It is not uncommon for more than one judge to have an influence on the way a dissenting opinion is written
How does more than one judge affects the literary quality? unless we assume that the more are the judges in panel the more is the probability of inclusion of high literary work..
b)Unlike literary works, legal opinions rely heavily on the use of technical terminology.
If legal opinions rely on technical terminology, then at least in some of the cases the literary quality will be controlled by the terminologies and not by the panel...this can be a probable reason to resolve the paradox and hence could be an answer
c)The law is not to any great extent determined by dissenting opinions
It does not matter to what extent law is determined by dissenting opinions...this point doesnt help to resolve
the paradox.
d)Judges spend much more time reading judicial decisions than reading works of high literary quality.
OK if this is the case then judge will always write (if at all they do) the decisions in the way judicial laws are written ...that i.e least chance of any high quality literary work
e)Judicial decisions issued by panels of judges are likely to be more widely read than are judicial decisions issued by a single judge who hears a case alone
this point in fact worsens the paradox....If the judicial decisions issued by panel of judges are more widely read, why would they make it complicated by using high quality literary work??
