Unlike LSAT Reading Comprehension passages about science or the arts, most of us didn’t expect passages about the law to be so difficult. After all, we chose this field. Anyone taking the LSAT is planning on paying a princely sum to spend three years learning about the law and a lifetime practicing it, so a passing interest in the law can be presumed. Plus, some of us were avid Suits fans.
So what makes LSAT passages about our legal system so vexing? And how can we get through them to overcome one of the toughest sections on the test?
Understanding LSAT Reading Comprehension Passages About the Law
For one, our grasp of how the law actually works may be a little more suspect than we realize. Even if we took one of those classic pre-law majors, we probably didn’t actually learn how the legal system operates or what the work of an attorney actually entails. You may be surprised to learn that the same is often said of law school graduates, as well, but that’s an issue for another blog post.
Our knowledge of the law is so thoroughly colored and distorted by pop culture depictions, that our brains sometimes can’t square new information about the legal system that doesn’t quite conform to how things work in the Dick Wolf Cinematic Universe. Which is troubling, because most of what appears on these legal passages won’t look like the law we see depicted in “Law & Order: Special Victims Unit”.
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Common LSAT Law Passage Themes
So what can we do to feel a little less lost on these law passages? Many older passages would discuss the minutiae of the courtroom—strategies utilized by trial lawyers, ways judges handled and admitted evidence, ethical considerations lawyers must consider, weigh, and balance. These passages take test takers to a milieu unfamiliar to us and frequently use lawyerly jargon and insider shorthand that confuse readers. For those passages, we have a helpful primer on the judicial system and a glossary of legal terms that might ballast you in the murky waters of the courtroom.
More recently, however, these legal passages have stepped out of the courtroom and into other areas of jurisprudence. We’ve seen passages about what happens before criminal cases reach the courtroom — like the techniques police and prosecutors might use to interview witnesses, and why a witness may be unreliable.
We’ve also seen several passages discuss legal fields in the abstract. This includes international law, copyright law, and trademark law, and why certain professions don’t take advantage of the protections afforded by them. There have been passages about insider trading law, and whether it helps or hurts markets. Finally, we’ve also seen some passages that discuss the merits of the reasoning judges relied on in rendering a decision.
Breaking Down Law Reading Comprehension Passages
These passages tend to follow similar patterns. Thinking about a few key issues as you read and reflect on the passages can make it easier to understand the point the passage is making. First, think about the technique or law or judicial decision in question. What is its purpose? Is the author on board with that?
Generally, we’re talking about basic issues, such as:
- Techniques that are aimed at ensuring justice
- Laws and decisions that attempt to curb pollution or make markets function fairly and efficiently
- Ending the systemic oppression of people
Usually, the author will be on board. The authors of these passages are probably lawyers, but that doesn’t (necessarily) mean they’re monsters.
Next, think about the actual effects of that technique/law/judicial decision. Is the author still on board? Many times, no. The law or decision might not accomplish its intended purpose. Sometimes it may even make the situation more dire. Sometimes it is based on a very shaky foundation. Maybe it doesn’t square with how people actually act. Or it can be based on assumptions that won’t withstand any serious scrutiny.
Finally, ask whether the author proposes a better way. Usually, yes! The lawyerly know-it-alls who write the passage generally present a better way to accomplish the intended purpose.
Once you get all the answers to these questions, you’ll understand the main point, which is usually that the old technique/law/reasoning was suspect, and that we should adopt a new way. You’ll understand the primary purpose of the passage, which is usually to criticize the old point. And you’ll understand the author’s attitude, which is usually pro-intended purpose, anti-actual effects, pro-proposed solution. Once you have those three big issues down, you’ll understand all the important parts of the passage.
Final Thoughts
So even when LSAT Reading Comprehension passages present you with various unfamiliar legal concepts, let this approach guide your reading of the passage. You’ll be on much better footing than if you instead let your faint memories of your poli sci classes or courtroom dramas guide you, anyway.
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