Distinguishing Fact and Opinion Flashcards

A passage reads: 'The defendant has three prior convictions, suggesting she is unlikely to reform.' Which part is opinion?

Answer: 'suggesting she is unlikely to reform' — this is a predictive value judgment

The prior convictions are verifiable facts, but the inference about future reform is a predictive opinion that goes beyond what the record can establish.

An advocate writes: 'The government's failure to act on knife crime is a national disgrace.' This statement contains:

Answer: One fact (inaction) embedded in an evaluative opinion ('national disgrace')

Whether the government acted or failed to act may be a verifiable fact, but 'national disgrace' is purely evaluative, making the overall statement an opinion.

Which of the following statements about the LNAT is a fact?

Answer: The LNAT is required by several UK law schools as part of their admissions process

The requirement to sit the LNAT for admission to certain law schools is a verifiable institutional policy, unlike the evaluative claims in the other options.

A passage argues: 'While some scholars claim the law is neutral, it inevitably reflects the interests of those in power.' The phrase 'inevitably reflects' signals:

Answer: An opinion presented with certainty by the author

'Inevitably' is an absolute claim that goes beyond what evidence can establish, signaling that the author is asserting a strongly held opinion as though it were certain.

In assessing LNAT passages, distinguishing fact from opinion matters primarily because:

Answer: Evaluating the strength of an argument requires knowing which claims require evidence and which reflect the author's perspective

Knowing whether a claim is factual or opinionated allows the reader to assess whether adequate evidence has been provided and to evaluate the argument's logical strength.

A passage states: 'Despite public outrage, the court's decision was legally correct.' The phrase 'legally correct' is best classified as:

Answer: Opinion, because legal correctness is a judgment about whether law was properly applied

Whether a decision is 'legally correct' involves interpretation of statutes and precedent — a judgment that legal experts can and do disagree about.

An LNAT passage presents the following: 'Parliament enacted the Equality Act 2010. This was the right thing to do.' How should a careful reader classify these two sentences?

Answer: First is fact (verifiable legislative event); second is opinion (moral judgment)

The enactment of legislation is a verifiable historical fact, while whether Parliament 'did the right thing' is a moral judgment and therefore an opinion.