PT149 S4 Q19 ExplanationAfter a judge has made the first

Answer choices, explained

1. A

   Contradicts Rule 21% picked this

   Judge Swoboda is confronted with a legal issue never before decided. Realizing that his own view on the issue contradicts what most people believe,

   Because there's no precedent, we know we're using rule 2 for this one. According to that rule, the judge is only allowed to abide by his own views if his view does not go against what is widespread public opinion (i.e. what most people believe).

   1%
2. B

   Contradicts Rule 2 Exact Same As (A)5% picked this

   Judge Valenzuela decides, in the absence of any precedent, whether children as young as twelve can be legally tried as adults. There is overwhelming

   Everything is the same as (A) -- no precedent, so the judge should use his own opinion unless it goes against the majority of public opinion. in which case he shouldn't use his own opinion. But here, as in (A), the judge stubbornly insists on his own opinion, flouting the mainstream view.

   5%
3. C

   Contradicts Rule 15% picked this

   Judge Levinsky sets a legal precedent when she rules that the "starfish exception" applies to children. In deciding a later case concerning the starfish

   Since there is already a legal precedent set by Judge L, we'll be using rule 1. As long as the original ruling didn't go against a basic rule of society, we should abide by that ruling. Instead, Judge W goes with his own views instead, even though Judge L's original ruling did not oppose basic moral values. (Also, I hope you chuckled when you read "starfish exception")

   5%
4. D

   Correct88% picked this

   Judge Watanabe must decide a case that depends on an issue for which no legal precedent exists. There is no widespread public opinion on

   Why this is right

   Since there's no precedent, we're using rule 2. The judge should use her own view, unless it goes against majority opinion, in which case she shouldn't use her own view. There is no majority opinion, so the judge's view does not go against majority opinion. Hence, she should rule using her own opinion on the matter, and she does.

   Skill tested: Principle-Conform · how this choice captures the argument's function is the move to repeat next time.

   88%
5. E

   Contradicts Rule 11% picked this

   Judge Balila rules against the defendant because doing so conforms to her own views about the legal issues involved. However, this ruling is contrary

   Since there is a precedent, we're using rule 1. The judge should follow the precedent unless it goes against basic moral values of society. The precedent does not go against moral values, yet the judge still rejects the precedent.

   1%