Flashcards: Can't Be True in Law Passages

Adapted from The Common Law, by Oliver Wendell Holmes, Jr. (1881)

To present a general view of the Common Law, other tools are needed besides logic. It is something to show that the consistency of a system requires a particular result, but it is not all. The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed. The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics. In order to know what it is, we must know what it has been, and what it tends to become. We must alternately consult history and existing theories of legislation. But the most difficult labor will be to understand the combination of the two into new products at every stage. The substance of the law at any given time pretty nearly corresponds, so far as it goes, with what is then understood to be convenient; but its form and machinery, and the degree to which it is able to work out desired results, depend very much upon its past.

In Massachusetts today, while, on the one hand, there are a great many rules which are quite sufficiently accounted for by their manifest good sense, on the other, there are some which can only be understood by reference to the infancy of procedure among the German tribes, or to the social condition of Rome under the Decemvirs.

I shall use the history of our law so far as it is necessary to explain a conception or to interpret a rule, but no further. In doing so there are two errors equally to be avoided both by writer and reader. One is that of supposing, because an idea seems very familiar and natural to us, that it has always been so. Many things which we take for granted have had to be laboriously fought out or thought out in past times. The other mistake is the opposite one of asking too much of history. We start with man full grown. It may be assumed that the earliest barbarian whose practices are to be considered, had a good many of the same feelings and passions as ourselves.

Each of the following can be inferred from the passage EXCEPT __________.

laws generally reflect the societies in which they were enacted

there are some contemporary laws based in ancient Roman law

many laws of ancient origin that have little relevance to contemporary society were once relevant to an older social order

there is no role for systematic logic in the interpretation of laws

human nature has generally been the same throughout history

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LSAT scores form the most important part of law school applications, and this weight can make preparing to face the exam a nerve-wracking experience. Many students choose to focus their review on the Logical Reasoning and Analytical Reasoning sections of the exam, as these sections most directly test analytical abilities in ways that may not have been covered directly in previous coursework. The test’s logic games are typically understood by applying logic to careful diagramming, whereas one’s ability to understand the nuts and bolts of a few sentences of logical argumentation requires similar skill with logical deductions. In the midst of the methodical logic that is at the heart of these sections, the Reading Comprehension section of the LSAT may seem like a less-imposing outlier. Previous success on the reading sections of other standardized exams may give test-takers false confidence that leaves them unprepared on test day and with a lower score than they otherwise could have achieved through more balanced preparation. The LSAT’s Reading Comprehension section determines a quarter of your overall score, so focusing your studies exclusively on other sections can be a recipe for disaster. While sharpening your logical acumen, you should not neglect brushing up on your ability to work through longer prose passages while picking up on all of their subtle details. Whether you need LSAT tutoring in AtlantaLSAT tutoring in Houston, or LSAT tutoring in San Francisco, working one-on-one with an expert may be just the boost your studies need. 

What makes the LSAT’s Reading Comprehension section so demanding? For one, the length and number of passages it includes present most test-takers with a challenge. LSAT Reading Comprehension passages are typically around five hundred words long, and five passages appear on each test, two of which are shorter and analyzed together. The section only lasts for thirty-five minutes, however, presenting readers with a need to balance care with speed. In addition, LSAT Reading Comprehension passages are drawn from a wide range of topics in the humanities, physical sciences, natural sciences, and law. Passages are typically written in a dense style about complex topics, arranging more obstacles between test-takers and correct answers. Finally, LSAT Reading Comprehension questions are themselves quite idiosyncratic. Whereas most reading tests include questions that are directly answered in the passage, the LSAT’s Reading Comprehension section asks you to not only locate relevant information, but make complex and subtle deductions based on it. You may be asked to surmise the effect new evidence has on an author’s argument, or consider what must or might be true based on what has been stated. In addition, each LSAT Reading Comprehension section includes the analysis of a pair of passages, setting the stage for questions that ask you to compare and contrast aspects of each argument on this part of the test. Varsity Tutors also offers resources like free LSAT Reading Diagnostic Tests to help with your self-paced study, or you may want to consider an LSAT Reading tutor.

How can one best prepare for all of these challenges? Practice, practice, practice. Only by working through a good deal of practice material of appropriate difficulty can you get a clear picture of your own abilities and calibrate your reading speed so that you can get through all of the passages without missing crucial details. Varsity Tutors’ free LSAT Reading Comprehension Flashcards can help you do just this by helping you get a better idea of your own particular skill set. Our LSAT Reading Comprehension Flashcards are each drawn from the various types of passages and questions used on the LSAT. Each question comes with a detailed explanation of the reasoning used to arrive at the correct answer, and data about how long you took to answer each question is also included in the feedback you receive. Registering on our Learning Tools website allows you to save your results and track your progress. In addition to the LSAT Reading Flashcards and LSAT Reading tutoring, you may also want to consider taking some of our free LSAT Reading Practice Tests.  By dedicating time to preparing yourself for the Reading Comprehension section as well as the other sections of the LSAT, you practice all of the skills you will need and be ready for whatever challenges your particular exam presents.

 

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