PrepTest 39, Section 3, Question 2
Tom: Critics of recent high court decisions claim that judges' willingness to abide by earlier decisions is necessary to avoid legal chaos. Since high courts of the past often repudiated legal precedents and no harm to the legal system ensued, these critics' objections must be politically motivated and ought to be ignored.
Tom: Critics of recent high court decisions claim that judges' willingness to abide by earlier decisions is necessary to avoid legal chaos. Since high courts of the past often repudiated legal precedents and no harm to the legal system ensued, these critics' objections must be politically motivated and ought to be ignored.
Mary: High courts have repudiated precedents in the past, but they were careful to do so only when the previous rulings were old and had clearly become outdated. The recently overturned rulings were themselves recent. Overturning any recent legal ruling diminishes the law, which comes to be viewed as unstable and capricious.
Tom: Critics of recent high court decisions claim that judges' willingness to abide by earlier decisions is necessary to avoid legal chaos. Since high courts of the past often repudiated legal precedents and no harm to the legal system ensued, these critics' objections must be politically motivated and ought to be ignored.
Mary: High courts have repudiated precedents in the past, but they were careful to do so only when the previous rulings were old and had clearly become outdated. The recently overturned rulings were themselves recent. Overturning any recent legal ruling diminishes the law, which comes to be viewed as unstable and capricious.
Tom: Critics of recent high court decisions claim that judges' willingness to abide by earlier decisions is necessary to avoid legal chaos. Since high courts of the past often repudiated legal precedents and no harm to the legal system ensued, these critics' objections must be politically motivated and ought to be ignored.
Which one of the following most accurately expresses the point at issue between Tom and Mary?
whether the overturning of recent high court precedents will harm the legal system
whether the overturning of recent high court precedents was politically motivated
whether critics of recent high court decisions in fact advanced the claim Tom cites
whether a precedent that is clearly outdated is in need of being overturned
whether judicial decisions that seem progressive at first can quickly become outdated
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