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.
Can some experts find the best Option in this?
OA C
The writing styles in works of high literary
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Boiled way down:lheiannie07 wrote: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.
Can some experts find the best Option in this?
OA C
- Works of high literary quality can be misinterpreted.
- Judicial decisions determine laws, and so lack this quality, so they won't be misinterpreted
- Dissenting opinions are often high literary quality
What accounts for this? Well, if dissenting opinions don't determine laws, then it's not nearly as consequential if their high-literary style causes them to be misinterpreted. This is what C captures.