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If judges are pragmatic, as I think they largely are in our system, it can only be in the everyday sense of the term. But immediately the counterexample of Holmes, a gifted and serious though not systematic philosophical thinker, comes to mind.
Richard Posner
Understand the problem. What kind of problem is it? There are three main types of problems: ‘Show that ...' or ‘Evaluate ...' questions, in which a certain statement has to be proved true, or a certain expression has to be worked out; ‘Find a...' or ‘Find all...' questions, which requires one to find something (or everything) that satisfies certain requirements; ‘Is there a ...' questions, which either require you to prove a statement or provide a counterexample.
Terence Tao