Question is asking you to identify a possible reason why it is not uncommon to find "writing of high literary quality" in dissenting opinions even though judicial decisions - which are indented as determinations of law - are rarely of high literary quality. You should be able to prephrase this one on finishing the stimulus. We only have two facts to rely on regarding judicial decisions: they are 1) rarely of literary quality (which is not suited to the avoidance of misinterpretation) and 2) they are determinations of law. Further, they are not of high literary quality specifically because they are determinations of law. So, in looking for an answer choice you're looking for something that would enable the dissenting opinion to not necessarily avoid misinterpretation (such that it can be of high literary quality). Not constituting a determination of law would provide that needed space, so C.
Also, C should be a quick choice given that the one (possible) distinction in the stimulus between the majority and the dissenting opinion is that the majority opinion is "a determination of law". C has "determination of law" explicitly in the text of the answer choice.
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Question is asking you to identify a possible reason why it is not uncommon to find "writing of high literary quality" in dissenting opinions even though judicial decisions - which are indented as determinations of law - are rarely of high literary quality. You should be able to prephrase this one on finishing the stimulus. We only have two facts to rely on regarding judicial decisions: they are 1) rarely of literary quality (which is not suited to the avoidance of misinterpretation) and 2) they are determinations of law. Further, they are not of high literary quality specifically because they are determinations of law. So, in looking for an answer choice you're looking for something that would enable the dissenting opinion to not necessarily avoid misinterpretation (such that it can be of high literary quality). Not constituting a determination of law would provide that needed space, so C.
Also, C should be a quick choice given that the one (possible) distinction in the stimulus between the majority and the dissenting opinion is that the majority opinion is "a determination of law". C has "determination of law" explicitly in the text of the answer choice.