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Towards academic reading

Preceding means coming before. A precedent is the first of something which sets a new standard and affects what comes afterwards. In a court of law, a judge sets a precedent when he or she makes a decision which is the first of its kind - there is no similar decision which came before it. Other judges can then use this precedent to make similar decisions in similar cases.

Read this paragraph and answer the question below.

Now You Are The Judge

 

The government taxes vegetables but not fruit. Mr. Smith refuses to pay taxes on tomatoes, claiming that they are fruits. You are the judge in this case and you bring two experts to help you decide.

The expert on plants claims that the difference between 'fruit’ and 'vegetable’ is that a fruit has seeds, like an orange, but a vegetable has no seeds, like a carrot. Therefore, a tomato is a fruit and so Mr. Smith does not have to pay taxes on tomatoes.

The chef, an expert on food, claims that fruits are sweet and are used in desserts. Vegetables are used for making salads. Therefore, a tomato is a vegetable and so Mr. Smith must pay taxes on tomatoes.

Imagine you are the judge, and you have to decide whether or not Mr. Smith must pay taxes on tomatoes. In which of the answers below would you have to set a legal precedent? Choose one correct answer.

You cannot find any cases which differentiate legally between fruits and vegetables. You make your own decision that botanically, tomatoes are fruits, therefore, legally, they should also be seen as fruits. Mr. Smith does not have to pay taxes on tomatoes and in the future, salad items with seeds, like peppers and cucumbers will not be taxed.

You find a case from 12 years ago where a farmer received money from the government to grow red peppers under the 'financial assistance to fruit farmers law.' You decide that if red peppers, which have seeds, were legally defined as fruits in the past, then tomatoes are also fruits - so Mr. Smith does not have to pay taxes.