LNAT Distinguishing Fact and Opinion 2 — Questions and Answers
Question 1: A legal commentator writes: 'The defendant was present at the scene at 9:00 PM, which the CCTV footage confirms.' How should this statement be classified?
- Opinion, because CCTV can be unreliable
- Fact, because it is a verifiable claim supported by evidence (Correct answer)
- Opinion, because presence does not imply guilt
- Fact only if the defendant admits it
Correct answer: Fact, because it is a verifiable claim supported by evidence
A claim that is verifiable through objective evidence — such as CCTV footage — is a factual statement, regardless of its legal implications.
Question 2: In a newspaper editorial: 'It is undeniable that the new sentencing guidelines are too lenient.' What is this statement?
- Fact, because the author calls it undeniable
- Opinion, because 'too lenient' reflects a value judgment (Correct answer)
- Fact, because it is about official guidelines
- Opinion only if the author is not a lawyer
Correct answer: Opinion, because 'too lenient' reflects a value judgment
'Too lenient' is an evaluative judgment that cannot be objectively verified, making the statement an opinion regardless of the framing.
Question 3: A researcher states: 'Studies show that recidivism rates dropped by 15% after the rehabilitation program was introduced.' This is best described as:
- Opinion, because studies can be biased
- Fact, because it references measurable data from studies (Correct answer)
- Opinion, because it implies the program caused the drop
- Fact only if peer-reviewed
Correct answer: Fact, because it references measurable data from studies
A statement referencing measurable, documented data is a factual claim, even if the underlying cause-effect relationship is debated separately.
Question 4: A politician says: 'This bill will destroy our legal tradition if passed.' This statement is:
- Fact, because bills can have legal consequences
- Fact, because the politician has expert knowledge
- Opinion, because 'destroy' is a subjective and predictive term (Correct answer)
- Opinion only if the bill has not yet passed
Correct answer: Opinion, because 'destroy' is a subjective and predictive term
Predictive and emotionally charged language like 'destroy' makes this a subjective opinion rather than a verifiable fact.
Question 5: Which of the following is most clearly a statement of fact?
- The criminal justice system is fundamentally broken
- Judges should have more discretion in sentencing
- The Court of Appeal was established in 1875 (Correct answer)
- Jury trials produce better outcomes than bench trials
Correct answer: The Court of Appeal was established in 1875
The establishment date of the Court of Appeal is a historically verifiable event, unlike the evaluative or prescriptive claims in the other options.
Question 6: A law professor argues: 'In my view, mandatory minimum sentences are counterproductive.' The phrase 'in my view' indicates:
- The statement is false
- The statement is a fact with limited scope
- The statement is an opinion being explicitly signaled as such (Correct answer)
- The statement is a hypothesis requiring testing
Correct answer: The statement is an opinion being explicitly signaled as such
Phrases like 'in my view' are epistemic markers that signal the author is presenting a personal opinion rather than an objective fact.
Question 7: A passage states: 'The UK has one of the highest incarceration rates in Western Europe.' To classify this as fact or opinion, the most important consideration is:
- Whether the author approves of incarceration
- Whether the claim can be verified against official statistics (Correct answer)
- Whether other countries agree with the assessment
- Whether the UK government has commented on it
Correct answer: Whether the claim can be verified against official statistics
Factual claims about comparative statistics can be verified against official datasets, so the key test is verifiability.
