Verbal Reasoning Flashcards

In a BCAT verbal reasoning passage, a 'non sequitur' is best described as:

Answer: A conclusion that does not logically follow from the premises

Non sequitur is Latin for 'it does not follow' — the conclusion has no logical connection to the preceding argument.

Which of the following is a correct use of the legal term 'estoppel'?

Answer: A party is estopped from denying a fact they previously asserted to another's detriment

Estoppel prevents a party from arguing something contrary to a position they have previously taken when another party relied on that position.

The passage states: 'The legislation was enacted to remedy a mischief in the common law.' In statutory interpretation, 'mischief' here refers to:

Answer: A problem or gap in the law the statute was designed to fix

Under the mischief rule of statutory interpretation, 'mischief' means the problem the law was intended to address.

Which option is the most accurate meaning of 'obiter dicta' in a court judgment?

Answer: Remarks made by the judge that are not essential to the decision and not binding

Obiter dicta are 'things said in passing' — judicial observations not necessary to the outcome and therefore not forming binding precedent.

A BCAT passage uses the phrase 'the defendant exercised due diligence.' This means:

Answer: The defendant took all reasonable steps expected under the circumstances

Due diligence means taking the level of care, attention, and precaution that a reasonable person would take in the same situation.

Which answer correctly identifies an antonym for 'mitigate' as used in sentencing?

Answer: Aggravate

To mitigate means to lessen or reduce; its antonym in sentencing is aggravate, which increases the severity of the penalty.