Q19 - After a judge has made the first ruling

[mshinners]

Question Type:
Principle Example (Most Strongly Supported)

Stimulus Breakdown:
1) If ruling made + original ruling doesn't run against morals → Later judges follow
2) If no precedent + judge's views don't run against the public <--> Judge uses own judgment

Answer Anticipation:
Be careful on that second statement! The "when…and only then" establishes a biconditional.

I don't know what the correct answer is going to be, but it'll have to follow along with one of the above conditionals.

Correct answer:
(D)

Answer choice analysis:
(A) No precedent puts this answer in Principle 2. However, since his views run against the public's, he shouldn't use his own judgment, so this answer is wrong.

(B) No precedent puts this answer in Principle 2. However, since his views run against the public's, he shouldn't use his own judgment, so this answer is wrong.

(C) A precedent was set, so Principle 1 applies. Since the original ruling doesn't run against society's morals, Wilson should have followed precedent. He didn't, so this answer is wrong.

(D) No legal precedent means Principle 2 applies in this situation. Since there's no public opinion, any view the judge has won't run against it, so Judge Watanabe is free to use her own judgment! Since she does, this is the right answer.

(E) Since there are precedents that conform to society's morals, Principle 1 applies. Balila should have followed precedent and, since she didn't, this answer is wrong.

Takeaway/Pattern:
Most of the work on these is done by clearly stating the Principles before hopping into the answers.

#officialexplanation