JD Juris Doctor: Logical Reasoning 3

Question 1

In a common law negligence case, a court reasons: 'In cases A, B, and C, defendants who failed to warn were liable. Defendant here also failed to warn. Therefore, defendant is liable.' This is an example of:

Accepted Answer

Analogical (inductive) reasoning from precedent

Answer

Common law reasoning by analogy to prior cases is a form of inductive reasoning—moving from specific instances to a general rule applied to new facts.

Question 2

Which of the following best illustrates a 'straw man' fallacy in legal argument?

Accepted Answer

Misrepresenting the opposing party's argument so it is easier to refute

Answer

A straw man fallacy attacks a weakened or distorted version of the opponent's actual argument rather than the argument itself.

Question 3

A contract clause states: 'Seller warrants the goods are merchantable unless the buyer inspects the goods before purchase.' Buyer inspects but goods are still defective. Under strict logical reading, is the warranty disclaimed?

Accepted Answer

Yes, because inspection before purchase triggers the exception

Answer

The clause creates a conditional: if buyer inspects, the warranty is excluded—the exception is triggered by the inspection itself.

Question 4

A court holds that a statute is ambiguous. Under the rule of lenity, the court should:

Accepted Answer

Construe the ambiguity against the government in criminal cases

Answer

The rule of lenity requires courts to resolve genuine statutory ambiguity in criminal statutes in favor of the defendant.

Question 5

Plaintiff argues: 'Defendant had a duty; defendant breached it; I was harmed; therefore defendant is liable.' Defendant responds that Plaintiff's harm was caused by an unforeseeable intervening act of a third party. This response attacks which element of the argument?

Accepted Answer

Causation (proximate cause)

Answer

An unforeseeable superseding cause breaks the chain of proximate causation, attacking the causal link in the negligence analysis.

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 3