LNAT Clarity and Precision in Writing 3

Question 1

Which of the following best describes the purpose of using 'shall' versus 'may' in statutory drafting?

Accepted Answer

'Shall' imposes a mandatory obligation; 'may' confers a discretionary permission.

Answer

In legal drafting, 'shall' creates a binding duty while 'may' grants an option, and conflating them can fundamentally alter a provision's meaning.

Question 2

A writer uses the phrase 'in the event that' repeatedly. What is the most precise and concise substitute?

Accepted Answer

if

Answer

'If' is the precise, direct conditional conjunction that replaces the verbose phrase 'in the event that' without loss of meaning.

Question 3

Identify the logical flaw in this argument: 'This legislation must be good because it was supported by experienced lawmakers.'

Accepted Answer

Appeal to authority

Answer

Concluding something is good merely because authorities support it is an appeal to authority fallacy, which does not address the legislation's substantive merits.

Question 4

Which sentence most clearly expresses a conditional obligation?

Accepted Answer

If the tenant pays rent after the fifth of the month, a 5% penalty shall apply.

Answer

This sentence specifies the exact condition, the precise consequence, and uses 'shall' to make the penalty mandatory.

Question 5

What problem arises from using the word 'said' as an adjective in legal writing, as in 'said contract'?

Accepted Answer

It is archaic legalese that reduces clarity without adding precision.

Answer

Words like 'said,' 'aforementioned,' and 'herein' are outdated legalese that modern plain-language drafting replaces with clear references or the noun itself.

LNAT - Law National Aptitude Test Practice Test

LNAT - Law National Aptitude Test Practice Test

LNAT Clarity and Precision in Writing 3