medium · LSAT Reading Comprehension
Passage A: The doctrine of stare decisis, or the principle of following precedent, is the bedrock of a stable legal system. It ensures that the law is predictable and that similar cases are decided in a similar manner over time. This consistency allows individuals and businesses to plan their affairs with confidence, knowing how courts are likely to interpret the law. While precedent is not an inexorable command, the bar for overturning a previous decision should be extremely high, requiring a showing that the original ruling was not just wrong, but fundamentally unworkable or deeply harmful.
Passage B: A rigid adherence to precedent can be a barrier to justice, forcing courts to repeat the errors of the past long after they have been recognized as such. The primary duty of a judge is to interpret the Constitution and the laws correctly, not to maintain a false sense of stability by upholding flawed decisions. When a prior ruling is found to be inconsistent with the underlying principles of justice or the text of the law, it should be corrected immediately. Blindly following precedent at the expense of correctness undermines the legitimacy of the judiciary by making the law appear stagnant and unresponsive to truth.
On which of the following points do the authors of the two passages most clearly disagree?
- How much weight legal stability should carry relative to the imperative of correcting mistaken rulings.
- Whether a legal system could function at all without any record of past decisions.
- Whether statutes ought to be drafted in language the general public can understand.
- Whether judges should possess any authority to interpret the Constitution.
- How readily a ruling that is deeply harmful or unworkable ought to be overturned.
Sign up free to see the explanation and track your rank →
More LSAT Reading Comprehension practice
- The author's use of the word "demonstrates" most strongly suggests that the author's attit
- Which one of the following most accurately describes the primary purpose of the second par
- Which one of the following most accurately describes the author's attitude toward the pres
- Which one of the following most accurately expresses the main point of the passage?
- Which one of the following most accurately describes the author's attitude toward true cri
- Which one of the following most accurately describes the primary function of the second pa
- Which one of the following most accurately describes the author's attitude toward urban mi
- Which one of the following most accurately expresses the main point of the passage?