#22 - Specific Reference, Must Be True, Purpose/Function

[Administrator]

Complete Question Explanation

The correct answer choice is (D).

Answer choice (A):

Answer choice (B):

Answer choice (C):

Answer choice (D): This is the correct answer choice.

Answer choice (E):

This explanation is still in progress. Please post any questions below!

[Roadto170]

In evaluating this question I quickly narrowed down to B and D.

A- incorrect because popularity is never mentioned. Would fail Fact Test.
C- seems kind of like a shell game. The consensus mentioned pertains to the opinions of the jury.
E- clearly, the author is unbiased in this passage. Mainly just conveying Dworkin's opinion.

This passage defines legal positivism (first sentence) and adds context (second sentence). However, the rest of the passage seems to be an analysis or evaluation of legal positivism using Dworkin's perspective.

Where did I go wrong?

[Jeff Wren]

Hi Roadto170,

This is a tricky question.

First, before even looking at the answers, it's critical that you prephrase your own answer. Looking over paragraph two, a simple prephrase might be "to describe/discuss legal positivism."

You correctly eliminated A,C, and E for the reasons that you stated.

What makes this question tricky is that the remaining two answers, Answers B and D, both appear to be strong contenders.

This is where you need to take a very close look at exact wording of the two answers and identify any differences between them.

Answer B uses the word "evaluate." To evaluate is to judge something or determine its value/worth. Many test takers use this word loosely to mean to analyze, to explain, or to describe something, but this is not accurate. While we do get Dworkin's view (line 16) on legal positivism in this paragraph, his view here is regarding his understanding of what legal positivists believe, not his judgement on whether legal positivism is good or bad. That evaluation appears later in the passage, such as the first sentence of paragraph 3 (lines 27-30) and the first sentence of paragraph 4 (lines 45-49).

Answer D more closely captures what the second paragraph does, which is to list the main ideas (central tenets) of legal positivism, as Dworkin and the author understand them.

[Roadto170]

That makes a lot of sense. I did have D as a contender because I saw how it could realistically be correct, but I think I probably fell into the group of students that too broadly defines the world 'evaluate'.

Your definition "To evaluate is to judge something or determine its value/worth" is one that I will try to commit to for future questions!

Thanks and I will continue to work on a using a prephrase before attempting questions!