JD Juris Doctor: Logical Reasoning 2

Question 1

A statute reads: 'No vehicle shall enter the park.' A court must decide whether a bicycle counts as a 'vehicle.' Which interpretive approach asks what the legislature intended by 'vehicle' at the time of enactment?

Accepted Answer

Originalist/intentionalist interpretation

Answer

Intentionalist (or original intent) interpretation focuses on the drafters' subjective intent at the time of enactment.

Question 2

Argument: 'If the defendant lied about his alibi, he is probably guilty. He lied about his alibi. Therefore, he is probably guilty.' What type of argument structure is this?

Accepted Answer

Modus ponens

Answer

Modus ponens has the form 'If P then Q; P; therefore Q,' which matches this argument exactly.

Question 3

A legal brief argues: 'The majority of courts that have considered this issue ruled for plaintiffs; therefore, this court should too.' What logical weakness does this argument have?

Accepted Answer

It is an appeal to majority rather than to legal reasoning or binding precedent

Answer

Appealing to majority opinion (ad populum) is not a substitute for legal authority or sound reasoning unless those decisions are binding.

Question 4

Under the LSAT-style logical reasoning framework, a 'necessary assumption' differs from a 'sufficient assumption' in that a necessary assumption:

Accepted Answer

Must be true for the argument to work but does not alone guarantee the conclusion

Answer

A necessary assumption is one the argument requires (cannot be false), but it doesn't single-handedly prove the conclusion.

Question 5

Courts use the canon 'expressio unius est exclusio alterius.' Applied to a statute listing dogs, cats, and birds as 'covered pets,' which animal would this canon suggest is NOT covered?

Accepted Answer

A domestic rabbit

Answer

Expressio unius holds that the express listing of some items implies the exclusion of others not listed, so a rabbit—not enumerated—would likely be excluded.

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD Juris Doctor: Logical Reasoning 2