Distinguishing Fact and Opinion Flashcards
7 cards from real LNAT practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Distinguishing Fact and Opinion flashcards as text
An author writes: 'Most legal scholars believe the ruling was poorly reasoned.' This statement is best categorized as:
Answer: Fact, if most scholars truly hold that view
If the claim about what most scholars believe is empirically verifiable — e.g., through surveys or published works — it is a factual claim; however, unattributed 'most scholars' claims are often presented as opinions masquerading as fact.
In an LNAT passage, a character says: 'Theft rates in the city rose by 8% last year.' A second character replies: 'That just shows the police are failing.' Which statement is the opinion?
Answer: The second statement, because it is an interpretive conclusion
The interpretation that rising theft rates demonstrate police failure is a value-laden inference — an opinion — while the percentage figure is a verifiable factual claim.
Which feature most reliably identifies a statement as opinion rather than fact?
Answer: It contains an evaluative or normative judgment
Evaluative or normative judgments — statements about what is good, bad, right, or wrong — are the defining characteristic of opinions, as they cannot be objectively verified.
A barrister's brief states: 'The witness testified that she saw the accused leave at midnight.' This is:
Answer: Fact, because it accurately records what the witness said
The statement is a factual report of what the witness testified; it does not assert that the underlying claim about midnight is true.
An op-ed reads: 'While crime fell by 3% nationally, our community remains the most dangerous in the state.' The second clause ('our community remains the most dangerous') is:
Answer: Fact, if official crime rankings support it
If official crime data ranks the community highest in a measured category, the claim is factual; the key is whether 'most dangerous' refers to a verifiable metric.
Which of the following best illustrates a hidden opinion dressed as a fact?
Answer: Obviously, harsher penalties deter crime effectively
'Obviously' signals assumed agreement and embeds the evaluative claim that harsher penalties are effective deterrents without providing evidence — it is an opinion framed as self-evident fact.
A legal brief argues: 'The contract was signed on March 3rd, and the breach occurred on April 10th.' These two claims are:
Answer: Facts, because they describe verifiable events with specific dates
Specific dated events are verifiable factual claims, even if the legal interpretation of those events — such as whether a breach occurred — may be disputed separately.