JD Next Exam Actual Exam 2026/2027 –
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[SECTION 1: LEGAL READING COMPREHENSION & ANALYSIS — QUESTIONS 1-25]
Passage A (Questions 1-5):
The doctrine of stare decisis, or "to stand by things decided," is the bedrock of common law
systems. It requires courts to follow the rulings of higher courts in the same jurisdiction when
faced with similar legal issues. This principle ensures predictability and stability in the law.
However, critics argue that rigid adherence to precedent can perpetuate injustice or inhibit the
law's adaptation to societal changes. Conversely, proponents maintain that overturning precedent
solely based on social pressure undermines the legitimacy of the judiciary. The modern approach
often involves a balancing act: distinguishing previous cases on their facts to narrow a holding
without explicitly overruling it, thereby respecting the past while acknowledging the present.
Q1: Which of the following best summarizes the main idea of the passage?
A. Stare decisis is an outdated doctrine that should be abolished in favor of a more flexible legal
system.
B. The primary purpose of stare decisis is to ensure that higher courts can overturn the decisions
of lower courts at will.
C. Stare decisis provides legal stability but requires a nuanced application to balance
predictability with the need for legal evolution. [CORRECT]
D. Critics of stare decisis are incorrect because social pressure should never influence judicial
decisions.
Correct Answer: C
Rationale: The passage presents a balanced view, acknowledging the stability provided by stare
decisis while recognizing the criticism regarding rigidity. Option C captures this central tension
and the modern "balancing act" described in the text. Option A is too extreme; the passage
suggests modification, not abolition. Option B reverses the hierarchy; higher courts are bound by
,2
their own past, but lower courts follow them. Option D misrepresents the text, which
acknowledges the validity of the critics' concerns regarding societal adaptation.
Q2: Based on the passage, how do modern courts typically manage the conflict between the
stability of precedent and the need for change?
A. By immediately overturning any precedent that is more than fifty years old.
B. By ignoring precedent entirely when a case involves significant social pressure.
C. By distinguishing previous cases on their facts to narrow holdings without overruling them.
[CORRECT]
D. By legislating new laws from the bench to replace common law principles.
Correct Answer: C
Rationale: The text explicitly states that the modern approach involves "distinguishing previous
cases on their facts to narrow a holding without explicitly overruling it." This aligns with the JD-
NEXT objective of understanding judicial mechanics. Option A and B are not supported by the
text. Option D describes judicial activism, which is not the method described in the passage for
managing precedent.
Q3: The author mentions the argument that rigid adherence to precedent can "perpetuate
injustice." This is most likely used to:
A. Disprove the effectiveness of the common law system.
B. Highlight one of the primary criticisms against the strict application of stare decisis.
[CORRECT]
C. Support the claim that judges should be elected rather than appointed.
D. Demonstrate that stare decisis is the only important legal doctrine.
Correct Answer: B
Rationale: The phrase appears in the context of "critics argue," indicating it is a counterpoint or a
criticism of the doctrine. Option B correctly identifies this function. Option A is too broad; the
passage accepts stare decisis generally. Option C is irrelevant to the text. Option D is factually
incorrect based on the passage.
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Q4: Which of the following statements about the relationship between higher and lower courts is
most supported by the passage?
A. Lower courts are bound to follow the rulings of higher courts in the same jurisdiction.
[CORRECT]
B. Higher courts must follow the legal interpretations of lower courts to ensure fairness.
C. Courts in different jurisdictions must follow each other's rulings to maintain national unity.
D. Lower courts may ignore higher court rulings if they believe the ruling perpetuates injustice.
Correct Answer: A
Rationale: The passage states that stare decisis "requires courts to follow the rulings of higher
courts in the same jurisdiction." This is a foundational concept of legal hierarchy tested on the
JD-NEXT. Option B is incorrect; the hierarchy flows downward. Option C is incorrect because
the passage specifies "same jurisdiction." Option D contradicts the definition of stare decisis
provided.
Q5: The passage suggests that proponents of stare decisis believe that overturning precedent
based on social pressure would:
A. Be necessary to correct past wrongs.
B. Undermine the legitimacy of the judiciary. [CORRECT]
C. Lead to a more efficient legal system.
D. Encourage legislatures to pass clearer laws.
Correct Answer: B
Rationale: The text explicitly states that proponents "maintain that overturning precedent solely
based on social pressure undermines the legitimacy of the judiciary." This reflects the
conservative nature of the doctrine. Options A and C represent the critics' viewpoint or are not
mentioned. Option D is not discussed in the passage.
Passage B (Questions 6-10):
, 4
The First Amendment prohibits Congress from making laws "respecting an establishment of
religion." This Establishment Clause has been interpreted to require a separation of church and
state. In Lemon v. Kurtzman, the Supreme Court established a three-pronged test to determine if
a law violates this clause. First, the statute must have a secular legislative purpose. Second, its
principal or primary effect must be one that neither advances nor inhibits religion. Third, the
statute must not foster "an excessive government entanglement with religion." While some later
justices have criticized the Lemon test as being inconsistent or difficult to apply, it remains a
foundational benchmark in Establishment Clause jurisprudence, though newer decisions have
occasionally emphasized historical practice and tradition.
Q6: According to the Lemon test, a law that provides financial aid to religious schools would
most likely be found unconstitutional if:
A. The aid is used to pay for secular textbooks only.
B. The primary effect of the aid is to advance the religious mission of the schools. [CORRECT]
C. The law has a clearly secular purpose of improving education.
D. The government does not monitor how the funds are spent.
Correct Answer: B
Rationale: The second prong of the Lemon test requires that the law's primary effect neither
advance nor inhibit religion. If the primary effect is to advance the religious mission, it fails this
prong. Option A and C describe factors that might actually help a law pass the first two prongs.
Option D might relate to entanglement, but the text highlights "advancing" religion as a key
violation.
Q7: The passage implies that the "excessive government entanglement" prong refers to:
A. The government's ability to collect taxes from religious organizations.
B. The complexity of auditing religious institutions to ensure compliance with secular laws.
[CORRECT]
C. The requirement that government officials must attend religious services.
D. The prohibition of religious symbols in public spaces.
Correct Answer: B