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LSAT * PrepTest 10 February 1994 Test ID: LL3010

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  • LSAT*

    PrepTest 10February 1994

    Test ID: LL3010

  • A complete version of PrepTest 10 has been reproduced withthe permission of Law School Admission Council, Inc.

    Prep Test 10 1994 Law School Admission Council, Inc.

    All actual LSAT questions printed within this work are usedwith the permission of Law School Admission Council, Inc.,Box 2000, Newton, PA 18940, the copyright owner. LSACdoes not review or endorse specific test preparation or services, and inclusion of licensed LSAT questions within thiswork does not imply the review or endorsement of LSAC.

    2004 Kaplan, Inc.

    All right reserved. No part of this book may be reproduced in any form, byphotostat, microfilm, xerography, or any other means, or incorporated into any

    information retrieval system, electronic or mechanical, without the writtenpermission of Kaplan, Inc.

  • Logical Reasoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION I

    Analytical Reasoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION II

    Reading Comprehension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION III

    Logical Reasoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION IV

  • 1. Educational television is a contradiction in terms.While a classroom encourages social interaction,television encourages solitude. School is centered onthe development of language, but television dependsupon constantly changing visual images. And in aclassroom, fun is merely a means to an end, but ontelevision it is the end in itself.

    Upon which one of the following assumptions doesthe author rely in the passage?

    (A) The classroom should not be a place whereanyone has fun.

    (B) Only experiences that closely resemble whattakes place in the school environment can beeducational.

    (C) Television programs reinforce some of thevalues of the school environment.

    (D) Educational television programs arequalitatively better than most other televisionprograms.

    (E) The potential of television as a powerfullearning tool has not yet been realized.

    2. Switching to low-yield cigarettes, those that yieldless nicotine, tar, and carbon monoxide than regularcigarettes when tested on a standard machine, doesnot, in general, reduce the incidence of heart attack.This result is surprising, since nicotine and carbonmonoxide have been implicated as contributing toheart disease.

    Which one of the following, if true, most helps toresolve the apparent discrepancy?

    (A) Smoking low-yield cigarettes has becomefashionable, as relatively healthier styles oflife have become more popular than thosethat have been identified as risky.

    (B) For those who are themselves smokers,inhaling the smoke of others is not generally asignificant factor contributing to an increasedrisk of heart disease.

    (C) Nicotine does not contribute as much to heartdisease as does carbon monoxide.

    (D) Carbon monoxide and cigarette tar are notaddictive substances.

    (E) People who switch from high-yield to low-yieldcigarettes often compensate by increasing thenumber and depth of puffs in order tomaintain their accustomed nicotine levels.

    Questions 34

    Sally: I cannot study at a university where there is analcohol problem, so unless something is done aboutthe alcohol problem at this university, Ill have totransfer to a university where there are nofraternities.

    Yolanda: I dont agree that fraternities are responsible forthe alcohol problem at this university. Alcoholproblems exist at all universities, including thosewhere there are no fraternities. We all should becomemore aware of alcohol abuse. Its not simply afraternity problem; its a cultural problem.

    3. Which one of the following is an assumption onwhich Sallys argument depends?

    (A) Most universities have fraternities.(B) Nothing will be done about the alcohol

    problem at Sallys university.(C) Alcohol problems are becoming more

    widespread at universities.(D) Some fraternity members who drink alcoholic

    beverages are too young to do so legally.(E) There could be universities that have no

    alcohol problems.

    4. In the conversation, Yolanda does which one of thefollowing?

    (A) She argues that if people become more awareof alcohol abuse, fewer people will themselvesabuse alcohol.

    (B) She makes an overly broad generalization fromone university to all universities.

    (C) She concludes that because alcohol problemsare cultural problems, they cannot befraternity problems.

    (D) She tries to undermine what she supposes tobe Sallys position by pointing out thatalcohol problems occur even at universitieswhere there are no fraternities.

    (E) She suggests that even if alcohol problemsexisted only at universities with fraternities,she would still conclude that alcoholism is acultural rather than a fraternity problem.

    GO ON TO THE NEXT PAGE.

    1 -2- 11SECTION I

    Time35 minutes

    25 Questions

    Directions: The questions in this section are based on the reasoning contained in brief statements or passages. For somequestions, more than one of the choices could conceivably answer the question. However, you are to choose the best answer; thatis, the response that most accurately and completely answers the question. You should not make assumptions that are bycommonsense standards implausible, superfluous, or incompatible with the passage. After you have chosen the best answer,blacken the corresponding space on your answer sheet.

  • 5. Some people have questioned why the HomeownersAssociation is supporting Coopers candidacy formayor. But if the Association wants a mayor who willattract more businesses to the town, Cooper is theonly candidate it could support. So, since theAssociation is supporting Cooper, it must have a goalof attracting more businesses to the town.

    The reasoning in the argument is in error because

    (A) the reasons the Homeowners Associationshould want to attract more businesses to thetown are not given

    (B) the Homeowners Association could besupporting Coopers candidacy for reasonsunrelated to attracting businesses to the town

    (C) other groups besides the HomeownersAssociation could be supporting Cooperscandidacy

    (D) the Homeowners Association might discoverthat attracting more businesses to the townwould not be in the best interest of itsmembers

    (E) Cooper might not have all of the skills that areneeded by a mayor who wants to attractbusinesses to a town

    6. Advertisement: Most power hedge trimmers on themarket do an adequate job of trimminghedges, but many power hedge trimmers aredangerous to operate and can cause seriousinjury when used by untrained operators.Bolter Industries hedge trimmer has beentested by National Laboratories, the mosttrusted name in safety testing. So you know, ifyou buy a Bolters, you are buying a powerhedge trimmer whose safety is assured.

    The answer to which one of the following questionswould be most useful in evaluating the truth of theconclusion drawn in the advertisement?

    (A) Has National Laboratories performed safetytests on other machines made by BolterIndustries?

    (B) How important to the average buyer of apower hedge trimmer is safety of operation?

    (C) What were the results of NationalLaboratories tests of Bolter Industries hedgetrimmer?

    (D) Are there safer ways of trimming a hedge thanusing a power hedge trimmer?

    (E) Does any other power hedge trimmer on themarket do a better job of trimming hedgesthan does Bolter Industries hedge trimmer?

    7. Slash-and-burn agriculture involves burning severalacres of forest, leaving vegetable ash that providesample fertilizer for three or four years of bountifulcrops. On the cleared land nutrients leach out of thesoil, however, and the land becomes too poor tosupport agriculture. New land is then cleared byburning and the process starts again. Since mostfarming in the tropics uses this method, forests inthis region will eventually be permanentlyeradicated.

    The argument depends on the assumption that

    (A) forests in the tropics do not regenerate wellenough to restore themselves once they havebeen cleared by the slash-and-burn method

    (B) some other methods of agriculture are not asdestructive to the environment in tropicalregions as the slash-and-burn method is

    (C) forests in the tropics are naturally deficient innutrients that are needed to support thegrowth of plants that are not native to thoseregions

    (D) slash-and-burn agriculture is particularlysuitable for farming in tropical areas

    (E) slash-and-burn agriculture produces a morebountiful crop than do other agriculturemethods for the first year

    8. Of 2,500 people who survived a first heart attack,those who did not smoke had their first heart attackat a median age of 62. However, of those 2,500,people who smoked two packs of cigarettes a day hadtheir first heart attack at a median age of 51. On thebasis of this information, it can be concluded thatnonsmokers tend to have a first heart attack elevenyears later than do people who smoke two packs ofcigarettes a day.

    The conclusion is incorrectly drawn from theinformation given because this information does notinclude

    (A) the relative severity of heart attacks suffered bysmokers and nonsmokers

    (B) the nature of the different medical treatmentsthat smokers and nonsmokers received afterthey had survived their first heart attack

    (C) how many of the 2,500 people studied suffereda second heart attack

    (D) the earliest age at which a person who smokedtwo packs a day had his or her first heartattack

    (E) data on people who did not survive a firstheart attack

    GO ON TO THE NEXT PAGE.

    1 1-3-1

  • 9. Paleontologists have discovered fossils of centipedesthat are 414 million years old. These fossils are atleast 20 million years older than the earliestland-dwelling animals previously identified. Thepaleontologists are confident that these centipedeslived on land, even though the fossilized centipedeswere discovered in rock that also contained fossilizedremains of animals known to be water-dwelling.

    The paleontologists view would be LEAST supportedby the truth of which one of the following?

    (A) The legs of the fossilized centipedes wereparticularly suited to being a means oflocomotion on land.

    (B) All of the centipedes that had previously beendiscovered were land dwellers.

    (C) The rock in which the fossilized centipedeswere found was formed from mud flats thatwere occasionally covered by river water.

    (D) Fossils of the earliest land-dwelling animalsthat had previously been identified werefound in rock that did not contain fossilizedremains of water-dwelling animals.

    (E) Fossils of spiders with respiratory systemsadapted only to breathing air were found inthe same rock as the centipede fossils.

    10. Broadcaster: Our radio station has a responsibilityto serve the public interest. Hence, when ourcritics contend that our recent expos of eventsin the private lives of local celebrities wasexcessively intrusive, we can only reply that theoverwhelming public interest in these mattersmakes it our responsibility to publicize them.

    Which one of the following is a flaw in thebroadcasters defense of the radio stations practice?

    (A) assuming without argument that there is aright to privacy

    (B) ignoring grounds for criticism of the exposaside from intrusion into peoples privatelives

    (C) intentionally failing to specify what is meantby excessively intrusive

    (D) confusing legal responsibility with moralobligation

    (E) improperly exploiting an ambiguity in thephrase public interest

    Questions 1112

    The fire that destroyed the Municipal Building startedbefore dawn this morning, and the last fire fighters did notleave until late this afternoon. No one could have beenanywhere in the vicinity of a fire like that one and fail tonotice it. Thomas must have seen it, whatever he now saysto the contrary. He admits that, as usual, he went from hisapartment to the library this morning, and there is no wayfor him to get from his apartment to the library withoutgoing past the Municipal Building.

    11. The main conclusion of the argument is that

    (A) Thomas was in the vicinity of the fire thismorning

    (B) Thomas claimed not to have seen the fire(C) Thomas saw the fire this morning(D) Thomas went directly from his apartment to

    the library this morning(E) Thomas went by the Municipal Building this

    morning

    12. The argument employs which one of the followingreasoning techniques?

    (A) presenting several different pieces of evidence,each of which by itself would allow theconclusion to be properly drawn

    (B) establishing that one thing occurred byshowing that another thing occurred and thatthis second thing was enough to ensure theoccurrence of the first thing

    (C) justifying a claim that a view held by someoneelse is false by explaining why that view,despite its falsity, is a tempting one for thatperson to hold under the circumstances

    (D) relying on evidence that a certain kind of eventhas regularly occurred in the past as a basisfor concluding that an event of that kindoccurred in the present case

    (E) drawing a general conclusion about what ispossible in a certain kind of situation on thebasis of firsthand experience with one suchsituation

    GO ON TO THE NEXT PAGE.

    1 -4- 11

  • 13. Editorial: In rejecting the plan proposed byparliament to reform the electoral process, thepresident clearly acted in the best interests ofthe nation. Anyone who thinks otherwiseshould remember that the president made thisdecision knowing it would be met with fierceopposition at home and widespreaddisapproval abroad. All citizens who place thenations well-being above narrow partisaninterests will applaud this courageous action.

    The reasoning in the editorial is in error because

    (A) it confuses a quality that is merely desirable ina political leader with a quality that isessential to effective political decision-making

    (B) it fails to distinguish between evidenceconcerning the courage required to make acertain decision and evidence concerning thewisdom of making that decision

    (C) it ignores the likelihood that many citizenshave no narrow partisan interest in theproposed election reform plan

    (D) it overlooks the possibility that there wasstrong opposition to the parliaments planamong members of the presidents own party

    (E) it depends on the unwarranted assumption thatany plan proposed by a parliament willnecessarily serve only narrow partisan interests

    14. Once consumers recognize that a period of inflationhas begun, there is generally an increase in consumerspending. This increase can be readily explained byconsumers desire not to postpone purchases thatwill surely increase in price. But during protractedperiods of inflation, consumers eventually begin toput off making even routine purchases, despite thefact that consumers continue to expect prices to riseand despite the fact that salaries also rise duringinflationary periods.

    Which one of the following, if true, most helps toexplain the apparent inconsistency in consumerbehavior described above?

    (A) During times of inflation consumers save moremoney than they do in noninflationaryperiods.

    (B) There is usually a lag between the leadingeconomic indicators first signaling the onsetof an inflationary period and consumersrecognition of its onset.

    (C) No generalization that describes humanbehavior will be true of every type of humanbehavior.

    (D) If significant numbers of consumers are unableto make purchases, prices will eventually fallbut salaries will not be directly affected.

    (E) Consumers purchasing power decreasesduring periods of protracted inflation sincesalaries do not keep pace with prices.

    Questions 1516

    A favored theory to explain the extinction ofdinosaurs, together with many other species, has been theglobally catastrophic collision of a large asteroid with theEarth. Supporting evidence is an extraterrestrial chemicalelement in a layer of dust found worldwide at a geologicallevel laid down contemporaneously with the supposedevent. A new competing theory contends that any asteroidimpact was irrelevant, because it was massive volcanicactivity that caused the extinctions by putting enough dustinto the atmosphere to cool the planet. The Deccan regionof India contains extensive volcanic flows that occurredwithin the same time period as the supposed asteroidimpact and the extinctions.

    15. The new theory assumes that

    (A) the massive volcanic activity was not caused bythe impact of an asteroid

    (B) no individual dinosaurs survived the impact ofthe asteroid, if it occurred

    (C) the extinctions took place over a longer timeperiod than they would have if caused by theimpact of an asteroid

    (D) other volcanic eruptions were not occurring atthe same time as those in the Deccan region

    (E) it is not possible to determine which would haveoccurred first, the volcanic flows in the Deccanregion or the supposed impact of an asteroid

    16. Which one of the following, if true, most stronglyindicates that the asteroid-impact theory is at leastincomplete, if not false?

    (A) Large concentrations of dinosaur nests withfossil eggs found in Alberta indicate that atleast some species of dinosaurs congregated inlarge groups during some part of their lives.

    (B) Dinosaur remains indicate that some species ofdinosaur could have migrated in herds overwide ranges, so that they could have traveled toescape the local effects of certain catastrophes.

    (C) Legends from many cultures, such as the Greeklegend that Cadmus raised an army by sowingdragons teeth in the ground, show thatvarious ancient peoples worldwide werefamiliar with the fossils of dinosaurs.

    (D) In the Gobi desert in China, where now onlysmall animals can eke out an existence, fossildinosaur skeletons 27 feet long were found incircumstances indicating that the climatethere was as dry when the dinosaurs lived asit is now.

    (E) The fossil record in Montana from below thelayer of extraterrestrial dust shows adiminution over time in dinosaur speciesfrom 35 to 13, and dinosaur teeth foundabove the dust layer show a diminution inspecies from 13 to 5.

    GO ON TO THE NEXT PAGE.

    1 1-5-1

  • 17. A contract, whether expressed or unexpressed, existswhen two parties engage with each other for thereciprocal transfer of benefits. Thus, in acceptingsupport from public funds, an artist creates at leastan unexpressed contract between himself or herselfand the public, and the public can rightly expect tobenefit from the artists work.

    Which one of the following most accurately describesan error in reasoning in the passage?

    (A) attempting to justify a rule of conduct on thegrounds that it confers benefits on all of theparties involved

    (B) concluding that a definition is fully applicableto a situation when it is known only that thesituation conforms partially to that definition

    (C) speaking only in abstract terms about mattersthat involve contingencies and that must bejudged on a case-by-case basis

    (D) confusing the type of mental or emotionalactivity in which an individual can engagewith the mental or emotional states that cancharacterize groups of individuals

    (E) treating an issue that requires resolutionthrough political processes as if it weremerely a matter of opinion

    18. People cannot be morally responsible for things overwhich they have no control. Therefore, they shouldnot be held morally responsible for any inevitableconsequences of such things, either. Determiningwhether adults have any control over the treatmentthey are receiving can be difficult. Hence in some casesit can be difficult to know whether adults bear anymoral responsibility for the way they are treated.Everyone, however, sometimes acts in ways that are aninevitable consequence of treatment received as aninfant, and infants clearly cannot control, and so arenot morally responsible for, the treatment they receive.

    Anyone making the claims above would be logicallycommitted to which one of the following furtherclaims?

    (A) An infant should never be held morallyresponsible for an action that infant hasperformed.

    (B) There are certain commonly performed actionsfor which no one performing those actionsshould ever be held morally responsible.

    (C) Adults who claim that they have no controlover the treatment they are receiving shouldoften be held at least partially responsible forbeing so treated.

    (D) If a given action is within a certain personscontrol that person should be held morallyresponsible for the consequences of thataction.

    (E) No adult should be held morally responsiblefor every action he or she performs.

    19. Fares on the city-run public buses in Greenville aresubsidized by city tax revenues, but among thebeneficiaries of the low fares are many people whocommute from outside the city to jobs in Greenville.Some city councillors argue that city taxes should beused primarily to benefit the people who pay them,and therefore that bus fares should be raised enoughto cover the cost of the service.

    Each of the following, if true, would weaken theargument advanced by the city councilors EXCEPT:

    (A) Many businesses whose presence in the city isbeneficial to the citys taxpayers wouldrelocate outside the city if public-transit fareswere more expensive.

    (B) By providing commuters with economicincentives to drive to work, higher transitfares would worsen air pollution in Greenvilleand increase the cost of maintaining the citysstreets.

    (C) Increasing transit fares would disadvantagethose residents of the city whose low incomesmake them exempt from city taxes, and allcity councilors agree that these residentsshould be able to take advantage of city-runservices.

    (D) Voters in the city, many of whom benefit fromthe low transit fares, are strongly opposed toincreasing local taxes.

    (E) People who work in Greenville and earn wagesabove the nationally mandated minimum allpay the city wage tax of 5 percent.

    GO ON TO THE NEXT PAGE.

    1 -6- 11

  • 20. Government official: Clearly, censorship exists if we,as citizens, are not allowed to communicatewhat we are ready to communicate at our ownexpense or if other citizens are not permittedaccess to our communications at their ownexpense. Public unwillingness to provide fundsfor certain kinds of scientific, scholarly, orartistic activities cannot, therefore, bedescribed as censorship.

    The flawed reasoning in the government officialsargument is most parallel to that in which one of thefollowing?

    (A) All actions that cause unnecessary harm toothers are unjust; so if a just action causesharm to others, that action must be necessary.

    (B) Since there is more to good manners thansimply using polite forms of address, it is notpossible to say on first meeting a personwhether or not that person has goodmanners.

    (C) Acrophobia, usually defined as a morbid fearof heights, can also mean a morbid fear ofsharp objects. Since both fears have the samename, they undoubtedly have the sameorigin.

    (D) There is no doubt that a deed is heroic if thedoer risks his or her own life to benefitanother person. Thus an action is not heroicif the only thing it endangers is the reputationof the doer.

    (E) Perception of beauty in an object isdetermined by past and present influences onthe mind of the beholder. Thus no object canbe called beautiful, since not everyone will seebeauty in it.

    21. The Japanese haiku is defined as a poem of threelines with five syllables in the first line, sevensyllables in the second line, and five syllables in thethird line. English poets tend to ignore this fact.Disregarding syllable count, they generally call anythree-line English poem with a haiku feel a haiku.This demonstrates that English poets have littlerespect for foreign traditions, even those from whichsome of their own poetry derives.

    The reasoning is flawed because it

    (A) confuses matters of objective fact with mattersof subjective feeling

    (B) draws a conclusion that is broader in scopethan is warranted by the evidence advanced

    (C) relies on stereotypes instead of presentingevidence

    (D) overlooks the possibility that the case it cites isnot unique

    (E) fails to acknowledge that ignoring somethingimplies a negative judgment about that thing

    GO ON TO THE NEXT PAGE.

    1 1-7-1

  • Questions 2223

    No one knows what purposes, if any, dreams serve,although there are a number of hypotheses. According toone hypothesis, dreams are produced when the brain iserasing parasitic connections (meaningless, accidentalassociations between ideas), which accumulate during theday and which would otherwise clog up our memories.Interestingly, the only mammal that does not have rapideye movement sleep, in which we humans typically haveour most vivid dreams, is the spiny anteater, which hasbeen seen as anomalous in that it has a very large brainrelative to the animals size. This fact provides someconfirmation for the parasitic-connection hypothesis,since the hypothesis predicts that for an animal that didnot dream to have an effective memory that animal wouldneed extra memory space for the parasitic connections.

    22. The parasitic-connection hypothesis, if true, moststrongly supports which one of the following?

    (A) The animals with the smallest brains spend themost time sleeping.

    (B) Immediately after a person awakens fromnormal sleep, her or his memory containsvirtually no accidental associations betweenideas.

    (C) When a mammal that would normally dreamis prevented from dreaming, the functioningof its memory will be impaired.

    (D) Insofar as a persons description of a dreaminvolves meaningful associations betweenideas, it is an inaccurate description.

    (E) All animals other than the spiny anteaterdream.

    23. The reasoning in the argument most closelyconforms to which one of the following principles?

    (A) Facts about one species of animal can provideconfirmation for hypotheses about all speciesthat are similar in all relevant respects to theparticular species in question.

    (B) A hypothesis from which several predictionscan be drawn as logical conclusions isconfirmed only when the majority of thesepredictions turn out to be true.

    (C) A hypothesis about the purpose of an actionor object is confirmed when it is shown thatthe hypothesized purpose is achieved with thehelp of the action or object and could not beachieved without that action or object.

    (D) A hypothesis is partially confirmed whenever aprediction derived from that hypothesisprovides an explanation for an otherwiseunexplained set of facts.

    (E) When several competing hypotheses exist, oneof them is confirmed only when it makes acorrect prediction that its rivals fail to make.

    GO ON TO THE NEXT PAGE.

    1 -8- 11

  • 24. The body of anyone infected by virus X will, after aweek, produce antibodies to fight the virus; theantibodies will increase in number for the next yearor so. There is now a test that reliably indicates howmany antibodies are present in a persons body. Ifpositive, this test can be used during the first year ofinfection to estimate to within a month how longthat person has had the virus.

    Which one of the following conclusions is bestsupported by the statements above?

    (A) Antibodies increase in number only until theyhave defeated the virus.

    (B) Without the test for antibodies, there is no wayof establishing whether a person has virus X.

    (C) Antibodies are produced only for viralinfections that cannot be fought by any otherbody defenses.

    (D) If a person remains infected by virus Xindefinitely, there is no limit to the number ofantibodies that can be present in the personsbody.

    (E) Anyone infected by virus X will for a time failto exhibit infection if tested by the antibodytest.

    25. Large inequalities in wealth always threaten theviability of true democracy, since wealth is the basisof political power, and true democracy depends onthe equal distribution of political power among allcitizens.

    The reasoning in which one of the followingarguments most closely parallels the reasoning in theargument above?

    (A) Consumer culture and an emphasis ontechnological innovation are a dangerouscombination, since together they areuncontrollable and lead to irrational excess.

    (B) If Sara went to the bookstore every time herpocket was full, Sara would never haveenough money to cover her living expenses,since books are her love and they are gettingvery expensive.

    (C) It is very difficult to write a successful sciencefiction novel that is set in the past, sincehistorical fiction depends on historicalaccuracy, whereas science fiction does not.

    (D) Honesty is important in maintainingfriendships. But sometimes honesty can leadto arguments, so it is difficult to predict theeffect a particular honest act will have on afriendship.

    (E) Repeated encroachments on ones leisure timeby a demanding job interfere with therequirements of good health. The reason isthat good health depends on regularmoderate exercise, but adequate leisure timeis essential to regular exercise.

    1 1-9-1

    S T O PIF YOU FINISH BEFORE TIME IS CALLED, YOU MAY CHECK YOUR WORK ON THIS SECTION ONLY.

    DO NOT WORK ON ANY OTHER SECTION IN THE TEST.

  • 2 -10- 2

    Questions 15

    On the basis of an examination, nine studentsFred,Glen, Hilary, Ida, Jan, Kathy, Laura, Mike, and Nickareeach placed in one of three classes. The three highestscorers are placed in the level 1 class; the three lowestscorers are placed in the level 3 class. The remaining threeare placed in the level 2 class. Each class has exactly threestudents.

    Ida scores higher than Glen.Glen scores higher than both Jan and Kathy.Jan scores higher than Mike.Mike scores higher than Hilary.Hilary scores higher than Nick.Kathy scores higher than both Fred and Laura.

    1. How many different combinations of students couldform the level 1 class?

    (A) one(B) two(C) three(D) four(E) six

    2. Which one of the following students could be in thelevel 2 class but cannot be in the level 3 class?

    (A) Fred(B) Glen(C) Jan(D) Kathy(E) Nick

    3. Which one of the following students could be placedin any one of the three classes?

    (A) Fred(B) Jan(C) Kathy(D) Laura(E) Mike

    4. The composition of each class can be completelydetermined if which one of the following pairs ofstudents is known to be in the level 2 class?

    (A) Fred and Kathy(B) Fred and Mike(C) Hilary and Jan(D) Kathy and Laura(E) Laura and Mike

    5. Which one of the following pairs of students cannotbe in the same class as Fred?

    (A) Hilary and Nick(B) Jan and Laura(C) Kathy and Laura(D) Jan and Mike(E) Laura and Mike

    GO ON TO THE NEXT PAGE.

    22SECTION II

    Time35 minutes

    24 Questions

    Directions: Each group of questions in this section is based on a set of conditions. In answering some of the questions, it may beuseful to draw a rough diagram. Choose the response that most accurately and completely answers each question and blacken thecorresponding space on your answer sheet.

  • 2-11-2Questions 612

    Six reviewersFrank, George, Hilda, Jackie, Karl, andLenawill review four moviesMystery, Retreat,Seasonings, and Wolvesaccording to the followingconditions:

    Each reviewer reviews exactly one movie, and eachmovie is reviewed by at least one of the sixreviewers.

    Hilda reviews the same movie as Frank.Lena reviews the same movie as exactly one other

    reviewer.George reviews Mystery.Jackie reviews either Mystery or else Wolves.Hilda does not review Wolves.

    6. If Lena reviews Seasonings, which one of thefollowing must be true?

    (A) Hilda reviews Retreat.(B) Jackie reviews Seasonings.(C) Karl reviews Mystery.(D) Karl reviews Retreat.(E) Karl reviews Wolves.

    7. If Karl does not review Seasonings, which one of thefollowing must be true?

    (A) Lena reviews Mystery.(B) Lena reviews Retreat.(C) Lena reviews Seasonings.(D) Frank and Hilda review Retreat.(E) Frank and Hilda review Seasonings.

    8. Which one of the following is a complete andaccurate list of the movies each of which could be themovie that Lena reviews?

    (A) Mystery, Retreat(B) Retreat, Seasonings(C) Mystery, Seasonings, Wolves(D) Retreat, Seasonings, Wolves(E) Mystery, Retreat, Seasonings, Wolves

    9. Which one of the following can be true?

    (A) Frank and George review Mystery.(B) Frank and Lena review Wolves.(C) George and Jackie review Mystery.(D) Karl reviews Wolves and Lena reviews Mystery.(E) Lena reviews Retreat and Frank reviews

    Seasonings.

    10. Lena can review any of the following EXCEPT

    (A) Mystery with George(B) Mystery with Karl(C) Retreat with Karl(D) Seasonings with Karl(E) Wolves with Jackie

    11. If Karl reviews the same movie as exactly one otherreviewer, which one of the following is a completeand accurate list of the movies any one of whichcould be the movie that these two reviewers review?

    (A) Mystery, Retreat(B) Mystery, Seasonings(C) Retreat, Seasonings(D) Mystery, Seasonings, Wolves(E) Retreat, Seasonings, Wolves

    GO ON TO THE NEXT PAGE.

    22

    12. Which one of the following is an acceptable assignment of reviewers tomovies?

    Mystery Retreat Seasonings Wolves

    (A) George Frank, Hilda Jackie, Lena Karl(B) George Frank, Hilda Karl, Lena Jackie(C) George Karl, Lena Jackie Frank, Hilda(D) George, Karl Frank, Hilda Lena Jackie(E) Jackie George, Lena Frank, Hilda Karl

  • 2 -12- 2Questions 1318

    In a game, words (real or nonsensical) consist of anycombination of at least four letters of the English alphabet.Any sentence consists of exactly five words and satisfiesthe following conditions:

    The five words are written from left to right on asingle line in alphabetical order.

    The sentence is started by any word, and eachsuccessive word is formed by applying exactly oneof three operations to the word immediately to itsleft: delete one letter; add one letter; replace oneletter with another letter.

    At most three of the five words begin with the sameletter as one another.

    Except for the leftmost word, each word is formed bya different operation from that which formed theword immediately to its left.

    13. Which one of the following could be a sentence inthe word game?

    (A) bzeak bleak leak peak pea(B) crbek creek reek seek sxeek(C) dteam gleam glean lean mean(D) feed freed reed seed seeg(E) food fool fools fopls opls

    14. The last letter of the alphabet that the first word of asentence in the word game can begin with is

    (A) t(B) w(C) x(D) y(E) z

    15. If the first word in a sentence is blender and thethird word is slender, then the second word can be

    (A) bender(B) gender(C) lender(D) sender(E) tender

    16. If the first word in a sentence consists of nine letters,then the minimum number of letters that the fourthword can contain is

    (A) four(B) five(C) six(D) seven(E) eight

    17. If clean is the first word in a sentence and learn isanother word in the sentence, then which one of thefollowing is a complete and accurate list of thepositions each of which could be the position inwhich learn occurs in the sentence?

    (A) second(B) third(C) fourth, fifth(D) second, third, fourth(E) third, fourth, fifth

    18. If the first word in a sentence consists of four letters,then the maximum number of letters that the fifthword in this sentence could contain is

    (A) four(B) five(C) six(D) seven(E) eight

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    22

  • 2-13-2Questions 1924

    A soloist will play six different guitar concertos, exactlyone each Sunday for six consecutive weeks. Two concertoswill be selected from among three concertos by GiulianiH, J, and K; two from among four concertos by RodrigoM, N, O, and P; and two from among three concertos byVivaldiX, Y, and Z. The following conditions applywithout exception:

    If N is selected, then J is also selected.If M is selected, then neither J nor O can be selected.If X is selected, then neither Z nor P can be selected.If both J and O are selected, then J is played at some

    time before O.X cannot be played on the fifth Sunday unless one of

    Rodrigos concertos is played on the first Sunday.

    19. Which one of the following is an acceptable selectionof concertos that the soloist could play on the firstthrough the sixth Sunday?

    1 2 3 4 5 6

    (A) H Z M N Y K(B) K J Y O Z N(C) K Y P J Z M(D) P Y J H X O(E) X N K O J Z

    20. If the six concertos to be played are J, K, N, O, Y, andZ and if N is to be played on the first Sunday, thenwhich one of the following concertos CANNOT beplayed on the second Sunday?

    (A) J(B) K(C) O(D) Y(E) Z

    21. If J, O, and Y are the first three concertos to beplayed, not necessarily in the order given, which oneof the following is a concerto that CANNOT beplayed on the fifth Sunday?

    (A) H(B) K(C) N(D) P(E) X

    22. If O is selected for the first Sunday, which one of thefollowing is a concerto that must also be selected?

    (A) J(B) K(C) M(D) N(E) X

    23. Which one of the following is a concerto that mustbe selected?

    (A) J(B) K(C) O(D) Y(E) Z

    24. Which one of the following is a concerto thatCANNOT be selected together with N?

    (A) M(B) O(C) P(D) X(E) Z

    22

    S T O PIF YOU FINISH BEFORE TIME IS CALLED, YOU MAY CHECK YOUR WORK ON THIS SECTION ONLY.

    DO NOT WORK ON ANY OTHER SECTION IN THE TEST.

  • 33 -14-

    Oil companies need offshore platforms primarilybecause the oil or natural gas the companies extractfrom the ocean floor has to be processed beforepumps can be used to move the substances ashore.But because processing crude (unprocessed oil orgas on a platform rather than at facilities onshoreexposes workers to the risks of explosion and to anunpredictable environment, researchers areattempting to diminish the need for human laboron platforms and even to eliminate platformsaltogether by redesigning two kinds of pumps tohandle crude. These pumps could then be used toboost the natural pressure driving the flow ofcrude, which, by itself, is sufficient only to bringthe crude to the platform, located just above thewellhead. Currently, pumps that could boost thisnatural pressure sufficiently to drive the crudethrough a pipeline to the shore do not workconsistently because of the crudes content. Crudemay consist of oil or natural gas in multiphasestatescombinations of liquids, gases, and solidsunder pressurethat do not reach the wellhead inconstant proportions. The flow of crude oil, forexample, can change quickly from 60 percent liquidto 70 percent gas. This surge in gas content causesloss of head, or pressure inside a pump, with theresult that a pump can no longer impart enoughenergy to transport the crude mixture through thepipeline and to the shore.

    Of the two pumps being redesigned, thepositive-displacement pump is promising because itis immune to sudden shifts in the proportion ofliquid to gas in the crude mixture. But the pumpsdesign, which consists of a single or twin screwpushing the fluid from one end of the pump to theother, brings crude into close contact with mostparts of the pump, and thus requires that it bemade of expensive corrosion-resistant material.The alternative is the centrifugal pump, which has arotating impeller that sucks fluid in at one end andforces fluid out at the other. Although this pumphas a proven design and has worked for years withlittle maintenance in waste-disposal plants,researchers have discovered that because the swirlof its impeller separates gas out from the oil thatnormally accompanies it, significant reductions inhead can occur as it operates.

    Research in the development of these pumps isfocused mainly on trying to reduce the cost of thepositive-displacement pump and attempting to

    make the centrifugal pump more tolerant of gas.Other researchers are looking at ways of adaptingeither kind of pump for use underwater, so thatcrude could be moved directly from the sea bottomto processing facilities onshore, eliminatingplatforms.

    1. Which one of the following best expresses the mainideas of the passage?

    (A) Oil companies are experimenting withtechnologies that may help diminish thedanger to workers from offshore crudeprocessing.

    (B) Oil companies are seeking methods ofinstalling processing facilities underwater.

    (C) Researchers are developing several new pumpsdesigned to enhance human labor efficiencyin processing facilities.

    (D) Researchers are seeking to develop equipmentthat would preempt the need for processingfacilities onshore.

    (E) Researchers are seeking ways to separateliquids from gases in crude in order to enablesafer processing.

    2. The passage supports which one of the followingstatements about the natural pressure driving theflow of crude?

    (A) It is higher than that created by the centrifugalpump.

    (B) It is constant, regardless of relativeproportions of gas and liquid.

    (C) It is able to carry the crude only as far as thewellhead.

    (D) It is able to carry the crude to the platform.(E) It is able to carry the crude to the shore.

    GO ON TO THE NEXT PAGE.

    33 3SECTION III

    Time35 minutes

    27 Questions

    Directions: Each passage in this section is followed by a group of questions to be answered on the basis of what is stated or impliedin the passage. For some of the questions, more than one of the choice could conceivably answer the question. However, you areto choose the best answer; that is, the response that most accurately and completely answers the question, and blacken thecorresponding space on your answer sheet.

    (5)

    (10)

    (15)

    (20)

    (25)

    (30)

    (35)

    (40)

    (45)

    (50)

    (55)

  • 3-15-33. Which one of the following best describes the

    relationship of the second paragraph to the passageas a whole?

    (A) It offers concrete detail designed to show thatthe argument made in the first paragraph isflawed.

    (B) It provides detail that expands upon theinformation presented in the first paragraph.

    (C) It enhances the authors discussion byobjectively presenting in detail the pros andcons of a claim made in the first paragraph.

    (D) It detracts from the authors discussion bypresenting various problems that qualify thegoals presented.

    (E) It modifies an observation made in the firstparagraph by detailing viewpoints against it.

    4. Which one of the following phrases, if substituted forthe word head in line 47, would LEAST change themeaning of the sentence?

    (A) the flow of the crude inside the pump(B) the volume of oil inside the pump(C) the volume of gas inside the pump(D) the speed of the impeller moving the crude(E) the pressure inside of the pump

    5. With which one of the following statementsregarding offshore platforms would the author mostlikely agree?

    (A) If a reduction of human labor on offshoreplatforms is achieved, there is no real need toeliminate platforms altogether.

    (B) Reducing human labor on offshore platformsis desirable because researchers knowledgeabout the transportation of crude isdanerously incomplete.

    (C) The dangers involved in working on offshoreplatforms make their elimination a desirablegoal.

    (D) The positive-displacement pump is the betteralternative for researchers, because it wouldallow them to eliminate platforms altogether.

    (E) Though researchers have succeeded inreducing human labor on offshore platforms,they think that it would be inadvisable toeliminate platforms altogether, because theseplatforms have other uses.

    6. Which one of the following can be inferred from thepassage about pumps that are currently available toboost the natural pressure of crude?

    (A) The efficiency of these pumps depends onthere being no gas in the flow of crude.

    (B) These pumps are more efficient when thecrude is less subject to sudden increases in theproportion of gas to liquid.

    (C) A sudden change from solid to liquid in theflow of crude increases the efficiency of thesepumps.

    (D) The proportion of liquid to gas in the flow ofcrude does not affect the efficiency of thesepumps.

    (E) A sudden change from liquid to gas in the flowof crude increases the risk of explosion due torising pressure inside these pumps.

    7. The passage implies that the positive-displacementpump differs from the centrifugal pump in that thepositive-displacement pump

    (A) is more promising, but it also is moreexpensive and demands more maintenance

    (B) is especially well researched, since it has beenused in other settings

    (C) involves the use of a single or twin screw thatsucks fluid in at one end of the pump

    (D) is problematic because it causes rapid shiftsfrom liquid to gas content in crude

    (E) involves exposure of many parts of the pumpto crude

    8. The passage implies that the current state oftechnology necessitates that crude be moved to shore

    (A) in a multiphase state(B) in equal proportions of gas to liquid(C) with small proportions of corrosive material(D) after having been processed(E) largely in the form of a liquid

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    33 3

  • 33 -16-To critics accustomed to the style of

    fifteenth-century narrative paintings by Italianartists from Tuscany, the Venetian examples ofnarrative paintings with religious subjects thatPatricia Fortini Brown analyzes in a recent bookwill come as a great surprise. While the Tuscanpaintings present large-scale figures, clearnarratives, and simple settings, the Venetians filledtheir pictures with dozens of small figures andelaborate buildings, in addition to a wealth ofcarefully observed anecdotal detail often irrelevantto the paintings principal subjectsthe religiousstories they narrate. Although it occasionallyobscured these stories, this accumulation ofcircumstantial detail from Venetian lifetheinclusion of prominent Venetian citizens, forexamplewas considered appropriate to thenarration of historical subjects and underlinedthe authenticity of the historical events depicted.Indeed, Brown argues that the distinctive style ofthe Venetian paintingswhat she calls theeyewitness stylewas influenced by Venetianaffinity for a strongly parochial type of historicalwriting, consisting almost exclusively of vernacularchronicles of local events embroidered with allkinds of inconsequential detail.

    And yet, while Venetian attitudes toward historythat are reflected in their art account in part for thedifference in style between Venetian and Tuscannarrative paintings, Brown has overlooked somepractical influences, such as climate. Tuscan churchesare filled with frescoes that, in contrast to Venetiannarrative paintings, consist mainly of large figuresand easily recognized religious stories, as one wouldexpect of paintings that are normally viewed from adistance and are designed primarily to remind thefaithful of their religious tenets. In Venice, wherethe damp climate is unsuited to fresco, narrativefrescoes in churches were almost nonexistent, withthe result that Venetian artists and their public hadno practical experience of the large-scalerepresentation of familiar religious stories. Theirmodel for painted stories was the cycle of secularhistorical paintings in the Venetian magistratespalace, which were indeed the counterpart ofwritten history and were made all the moreauthoritative by a proliferation of circumstantialdetail.

    Moreover, because painting frescoes requires anunusually sure hand, particularly in the representationof the human form, the development of drawingskill was central to artistic training in Tuscany, and by1500 the public there tended to distinguishartists on the basis of how well they could drawhuman figures. In Venice, a city virtually withoutfrescoes, this kind of skill was acquired andappreciated much later. Gentile Bellini, forexample, although regarded as one of the supremepainters of the day, was feeble at drawing. On theother hand, the emphasis on architecture so evident

    in the Venetian narrative paintings was somethingthat local painters obviously prized, largely becausepainting architecture in perspective was seen as aparticular test of the Venetian painters skill.

    9. Which one of the following best states the main ideaof the passage?

    (A) Tuscan painters use of fresco explains theprominence of human figures in the narrativepaintings that they produced during thefifteenth century.

    (B) In addition to fifteenth-century Venetianattitudes toward history, other factors mayhelp to explain the characteristic features ofVenetian narrative paintings with religioussubjects produced during that period.

    (C) The inclusion of authentic detail fromVenetian life distinguished fifteenth-centuryVenetian narrative paintings from those thatwere produced in Tuscany.

    (D) Venetian painters were generally more skilledat painting buildings than Tuscan painterswere at drawing human forms.

    (E) The cycle of secular historical paintings in theVenetian magistrates palace was the primaryinfluence on fifteenth-century Venetiannarrative paintings with religious subjects.

    10. In the passage, the author is primarily concernedwith

    (A) pointing out the superiority of one paintingstyle over another

    (B) citing evidence that requires a reevaluation ofa conventionally held view

    (C) discussing factors that explain a difference inpainting styles

    (D) outlining the strengths and weaknesses of twoopposing views regarding the evolution of apainting style

    (E) arguing for the irrelevance of one theory andfor its replacement by a more plausiblealternative

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    33 3

    (5)

    (10)

    (15)

    (20)

    (25)

    (30)

    (35)

    (40)

    (45)

    (50)

    (55)

    (60)

  • 3-17-311. As it is described in the passage, Browns explanation

    of the use of the eyewitness style in Venetiannarrative painting suggests that

    (A) the painting of architecture in perspectiverequires greater drawing skill than does therepresentation of a human form in a fresco

    (B) certain characteristics of a style of painting canreflect a style of historical writing that wascommon during the same period

    (C) the eyewitness style in Venetian narrativepaintings with religious subjects was largelythe result of the influence of Tuscan artistswho worked primarily in fresco

    (D) the historical detail in Venetian narrativepaintings with religious subjects can be tracedprimarily to the influence of the paintings inthe Venetian magistrates palace

    (E) a style of painting can be dramaticallytransformed by a sudden influx of artistsfrom another region

    12. The author suggests that fifteenth-century Venetiannarrative paintings with religious subjects werepainted by artists who

    (A) were able to draw human figures with moreskill after they were apprenticed to painters inTuscany

    (B) assumed that their paintings would typicallybe viewed from a distance

    (C) were a major influence on the artists whoproduced the cycle of historical paintings inthe Venetian magistrates palace

    (D) were reluctant to paint frescoes primarilybecause they lacked the drawing skill thatpainting frescoes required

    (E) were better at painting architecture inperspective than they were at drawing humanfigures

    13. The author implies that Venetian narrative paintingswith religious subjects included the representation ofelaborate buildings in part because

    (A) the ability to paint architecture in perspectivewas seen in Venice as proof of a painters skill

    (B) the subjects of such paintings were oftenreligious stories

    (C) large frescoes were especially conducive torepresenting architecture in perspective

    (D) the architecture of Venice in the fifteenthcentury was more elaborate than was thearchitecture of Tuscany

    (E) the paintings were imitations of a kind ofhistorical writing that was popular in Tuscany

    14. Which one of the following, if true, would mostweaken the authors contention that fifteenth-centuryVenetian artists had no practical experience of thelarge-scale representation of familiar religiousstories (lines 4042)?

    (A) The style of secular historical paintings in thepalace of the Venetian magistrate was similarto that of Venetian narrative paintings withreligious subjects.

    (B) The style of the historical writing produced byfifteenth-century Venetian authors wassimilar in its inclusion of anecdotal details tosecular paintings produced during thatcentury in Tuscany.

    (C) Many of the artists who produced Venetiannarrative paintings with religious subjectsserved as apprentices in Tuscany, where theyhad become familiar with the technique ofpainting frescoes.

    (D) Few of the frescoes painted in Tuscany duringthe fifteenth century had secular subjects, andthose that did often betrayed the artistsinability to represent elaborate architecture inperspective.

    (E) Few of the Venetian narrative paintingsproduced toward the end of the fifteenthcentury show evidence of the enhanceddrawing skill that characterized the paintingsproduced in Venice a century later.

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    33 3

  • 33 -18-Currently, legal scholars agree that in some cases

    legal rules do not specify a definite outcome. Thesescholars believe that such indeterminacy resultsfrom the vagueness of language: the boundaries ofthe application of a term are often unclear.Nevertheless, they maintain that the system of legalrules by and large rests on clear core meanings thatdo determine definite outcomes for most cases.Contrary to this view, an earlier group of legalphilosophers, called realists, argued thatindeterminacy pervades every part of the law.

    The realists held that there is always a cluster ofrules relevant to the decision in any litigated case.For example, deciding whether an aunts promise topay her niece a sum of money if she refrained fromsmoking is enforceable would involve a number ofrules regarding such issues as offer, acceptance, andrevocation. Linguistic vagueness in any one of theserules would affect the outcome of the case, makingpossible multiple points of indeterminacy, not justone or two, in any legal case.

    For the realists, an even more damaging kind ofindeterminacy stems from the fact that in acommon-law system based on precedent, a judgesdecision is held to be binding on judges insubsequent similar cases. Judicial decisions areexpressed in written opinions, commonly held toconsist of two parts: the holding (the decision foror against the plaintiff and the essential grounds orlegal reasons for it, that is, what subsequent judgesare bound by), and the dicta (everything in anopinion not essential to the decision, for example,comments about points of law not treated as thebasis of the outcome). The realists argued that inpractice the common-law system treats theholding/dicta distinction loosely. They pointedout that even when the judge writing an opinioncharacterizes part of it as the holding, judgeswriting subsequent opinions, although unlikely todispute the decision itself, are not bound by theoriginal judges perception of what was essential tothe decision. Later judges have tremendous leewayin being able to redefine the holding and the dictain a precedential case. This leeway enables judges tochoose which rules of law formed the basis of thedecision in the earlier case. When judging almostany case, then, a judge can find a relevantprecedential case which, in subsequent opinions,has been read by one judge as stating one legalrule, and by another judge as stating another,possibly contradictory one. A judge thus faces anindeterminate legal situation in which he or she hasto choose which rules are to govern the case athand.

    15. According to the passage, the realists argued thatwhich one of the following is true of a common-lawsystem?

    (A) It gives rise to numerous situations in whichthe decisions of earlier judges are found to bein error by later judges.

    (B) It possesses a clear set of legal rules in theory,but in practice most judges are unaware ofthe strict meaning of those rules.

    (C) Its strength lies in the requirement that judgesdecide cases according to precedent ratherthan according to a set of abstract principles.

    (D) It would be improved if judges refrained fromwillfully misinterpreting the written opinionsof prior judges.

    (E) It treats the difference between the holdingand the dicta in a written opinion ratherloosely in practice.

    16. According to the passage, which one of the followingbest describes the relationship between a judicialholding and a judicial decision?

    (A) The holding is not commonly consideredbinding on subsequent judges, but thedecision is.

    (B) The holding formally states the outcome of thecase, while the decision explains it.

    (C) The holding explains the decision but does notinclude it.

    (D) The holding consists of the decision and thedicta.

    (E) The holding sets forth and justifies a decision.

    17. The information in the passage suggests that therealists would most likely have agreed with whichone of the following statements about the reaction ofjudges to past interpretations of a precedential case,each of which states a different legal rule?

    (A) The judges would most likely disagree withone or more of the interpretations andoverturn the earlier judges decisions.

    (B) The judges might differ from each otherconcerning which of the interpretationswould apply in a given case.

    (C) The judges probably would considerthemselves bound by all the legal rules statedin the interpretations.

    (D) The judges would regard the lack of unanimityamong interpretations as evidence that noprecedents existed.

    (E) The judges would point out in their holdingsthe inherent contradictions arising from theearlier judges differing interpretations.

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    33 3

    (5)

    (10)

    (15)

    (20)

    (25)

    (30)

    (35)

    (40)

    (45)

    (50)

  • 3-19-318. It can be inferred from the passage that most legal

    scholars today would agree with the realists that

    (A) linguistic vagueness can cause indeterminacyregarding the outcome of a litigated case

    (B) in any litigated case, several different andpossibly contradictory legal rules are relevantto the decision of the case

    (C) the distinction between holding and dicta in awritten opinion is usually difficult todetermine in practice

    (D) the boundaries of applicability of terms maysometimes be difficult to determine, but thecore meanings of the terms are wellestablished

    (E) a common-law system gives judgestremendous leeway in interpretingprecedents, and contradictory readings ofprecedential cases can usually be found

    19. The passage suggests that the realists believed whichone of the following to be true of the dicta in ajudges written opinion?

    (A) The judge writing the opinion is usuallycareful to specify those parts of the opinionhe or she considers part of the dicta.

    (B) The appropriateness of the judges decisionwould be disputed by subsequent judges onthe basis of legal rules expressed in the dicta.

    (C) A consensus concerning what constitutes thedicta in a judges opinion comes to be fixedover time as subsequent similar cases aredecided.

    (D) Subsequent judges can consider parts of whatthe original judge saw as the dicta to beessential to the original opinion.

    (E) The judges decision and the grounds for it areusually easily distinguishable from the dicta.

    20. Which one of the following best describes the overallorganization of the passage?

    (A) A traditional point of view is explained andproblems arising from it are described.

    (B) Two conflicting systems of thought arecompared point for point and then evaluated.

    (C) A legal concept is defined and argumentsjustifying that definition are refuted.

    (D) Two viewpoints on an issue are brieflydescribed and one of those viewpoints isdiscussed at greater length.

    (E) A theoretical description of how a systemdevelops is contrasted with the actualpractices characterizing the system.

    21. Which one of the following titles best reflects thecontent of the passage?

    (A) Legal Indeterminacy: The Debate Continues(B) Holding Versus Dicta: A Distinction Without

    a Difference(C) Linguistic Vagueness: Is It Circumscribed in

    Legal Terminology?(D) Legal Indeterminacy: The Realists View of Its

    Scope(E) Legal Rules and the Precedential System: How

    Judges Interpret the Precedents

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    33 3

  • 33 -20-Years after the movement to obtain civil rights

    for black people in the United States made itsmost important gains, scholars are reaching fora theoretical perspective capable of clarifying itsmomentous developments. New theories of socialmovements are being discussed, not just amongsocial psychologists, but also among politicaltheorists.

    Of the many competing formulations of theclassical social psychological theory of socialmovement, three are prominent in the literature onthe civil rights movement: rising expectations,relative deprivation, and J-curve. Eachconforms to a causal sequence characteristic ofclassical social movement theory, linking someunusual condition, or system strain, to thegeneration of unrest. When these versions of theclassical theory are applied to the civil rightsmovement, the source of strain is identified as achange in black socioeconomic status that occurredshortly before the widespread protest activity of themovement.

    For example, the theory of rising expectationsasserts that protest activity was a response topsychological tensions generated by gainsexperienced immediately prior to the civil rightsmovement. Advancement did not satisfy ambition,but created the desire for further advancement.Only slightly different is the theory of relativedeprivation. Here the impetus to protest is identifiedas gains achieved during the premovement period,coupled with simultaneous failure to make anyappreciable headway relative to the dominantgroup. The J-curve theory argues that the movementoccurred because a prolonged period of risingexpectations and gratification was followed by asharp reversal.

    Political theorists have been dismissive of theseapplications of classical theory to the civil rightsmovement. Their arguments rest on the convictionthat, implicitly, the classical theory trivializes thepolitical ends of movement participants, focusingrather on presumed psychological dysfunctions;reduction of complex social situations to simpleparadigms of stimulus and response obviates therelevance of all but the shortest-term analysis.Furthermore, the theories lack predictive value:strain is always present to some degree, butsocial movement is not. How can we know whichstrain will provoke upheaval?

    These very legitimate complaints havingfrequently been made, it remains to find a means oftesting the strength of the theories. Problematically,while proponents of the various theories havecontradictory interpretations of socioeconomicconditions leading to the civil rights movement,examination of various statistical records regardingthe material status of black Americans yields ampleevidence to support any of the three theories. Thesteady rise in median black family income supports

    the rising expectations hypothesis; the stabilityof the economic position of black vis--vis whiteAmericans lends credence to the relative deprivationinterpretation; unemployment data are consistentwith the J-curve theory. A better test is thecomparison of each of these economic indicatorswith the frequency of movement-initiated eventsreported in the press; unsurprisingly, nonecorrelates significantly with the pace of reportsabout movement activity.

    22. It can be inferred from the passage that the classicaltheory of social movement would not beappropriately applied to an annual general electionbecause such an election

    (A) may focus on personalities rather than onpolitical issues

    (B) is not provoked primarily by an unusualcondition

    (C) may be decided according to the psychologicalneeds of voters

    (D) may not entail momentous developments(E) actually entails two or more distinct social

    movements

    23. According to the passage, the rising expectationsand relative deprivation models differ in which oneof the following ways?

    (A) They predict different responses to the samesocioeconomic conditions.

    (B) They disagree about the relevance ofpsychological explanations for protestmovements.

    (C) They are meant to explain different kinds ofsocial change.

    (D) They describe the motivation of protesters inslightly different ways.

    (E) They disagree about the relevance ofsocioeconomic status to system strain.

    24. The author implies that political theorists attributewhich one of the following assumptions to socialpsychologists who apply the classical theory of socialmovements to the civil rights movement?

    (A) Participants in any given social movementhave conflicting motivations.

    (B) Social movements are ultimately beneficial tosociety.

    (C) Only strain of a socioeconomic nature canprovoke a social movement.

    (D) The political ends of movement participantsare best analyzed in terms of participantspsychological motivations.

    (E) Psychological motivations of movementparticipants better illuminate the causes ofsocial movements than do participantspolitical motivations.

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    33 3

    (5)

    (10)

    (15)

    (20)

    (25)

    (30)

    (35)

    (40)

    (45)

    (50)

    (55)

    (60)

    (65)

    (70)

  • 3-21-325. Which one of the following statements is supported

    by the results of the better test discussed in the lastparagraph of the passage?

    (A) The test confirms the three classical theoriesdiscussed in the passage.

    (B) The test provides no basis for deciding amongthe three classical theories discussed in thepassage.

    (C) The test shows that it is impossible to applyany theory of social movements to the civilrights movement.

    (D) The test indicates that press coverage of thecivil rights movement was biased.

    (E) The test verifies that the civil rights movementgenerated socioeconomic progress.

    26. The validity of the better test (line 65) as proposedby the author might be undermined by the fact that

    (A) the press is selective about the movementactivities it chooses to cover

    (B) not all economic indicators receive the sameamount of press coverage

    (C) economic indicators often contradict oneanother

    (D) a movement-initiated event may not correlatesignificantly with any of the three economicindicators

    (E) the pace of movement-initiated events isdifficult to anticipate

    27. The main purpose of the passage is to

    (A) persuade historians of the indispensability of atheoretical framework for understandingrecent history

    (B) present a new model of social movement(C) account for a shift in a theoretical debate(D) show the unity underlying the diverse classical

    models of social movement(E) discuss the reasoning behind and

    shortcomings of certain social psychologicaltheories

    33 3

    S T O PIF YOU FINISH BEFORE TIME IS CALLED, YOU MAY CHECK YOUR WORK ON THIS SECTION ONLY.

    DO NOT WORK ON ANY OTHER SECTION IN THE TEST.

  • 44 -22-

    Questions 12

    A physician who is too thorough in conducting amedical checkup is likely to subject the patient to thediscomfort and expense of unnecessary tests. One who isnot thorough enough is likely to miss some seriousproblem and therefore give the patient a false sense ofsecurity. It is difficult for physicians to judge exactly howthorough they should be. Therefore, it is generally unwisefor patients to have medical checkups when they do notfeel ill.

    1. Which one of the following, if true, would mostseriously weaken the argument in the passage?

    (A) Some serious diseases in their early stages havesymptoms that physicians can readily detect,although patients are not aware of anyproblem.

    (B) Under the pressure of reducedreimbursements, physicians have beenreducing the average amount of time theyspend on each medical checkup.

    (C) Patients not medically trained are unable tojudge for themselves what degree ofthoroughness is appropriate for physicians inconducting medical checkups.

    (D) Many people are financially unable to affordregular medical checkups.

    (E) Some physicians sometimes exercise exactlythe right degree of thoroughness inperforming a medical checkup.

    2. Which one of the following, if true, would providethe most support for the conclusion in the passage?

    (A) Not all medical tests entail significantdiscomfort.

    (B) Sometimes, unnecessary medical tests causehealthy people to become ill.

    (C) Some patients refuse to accept a physiciansassurance that the patient is healthy.

    (D) The more complete the series of testsperformed in a medical checkup, the morelikely it is that a rare disease, if present, willbe discovered.

    (E) Physicians can eliminate the need to ordercertain tests by carefully questioning patientsand rejecting some possibilities on that basis.

    3. People often pronounce a word differently whenasked to read written material aloud than whenspeaking spontaneously. These differences may causeproblems for those who develop computers thatrecognize speech. Usually the developers train thecomputers by using samples of written material readby the people who will be using the computer.

    The observations above provide most evidence forthe conclusion that

    (A) it will be impossible to develop computers thatdecode spontaneous speech

    (B) when reading written material, people whohave different accents pronounce the sameword in the same way as one another

    (C) computers may be less reliable in decodingspontaneous speech than in decoding samplesthat have been read aloud

    (D) a trained computer never correctly decodesthe spontaneous speech of a person whosevoice sample was used to train it

    (E) computers are now able to interpret oralspeech without error

    4. One of the requirements for admission to theLunnville Roller Skating Club is a high degree of skillin roller skating. The club president has expressedconcern that the club may have discriminated againstqualified women in its admissions this year. Yet halfof the applicants admitted to the club this year werewomen. This proves that there was no discriminationagainst qualified women applicants in the clubsadmissions this year.

    Which one of the following is an assumption on whichthe conclusion of the argument depends?

    (A) Only a few applicants were found to be qualifiedand were admitted to the club this year.

    (B) No more than half of all the roller skaters inLunnville are women.

    (C) No more than half of all the roller skaters inLunnville are men.

    (D) This year no more than half of the applicantswho met all the qualifications for admissionto the club were women.

    (E) This year no more than half of the members ofthe clubs committee that makes decisionsabout applicants qualifications were men.

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    44 44SECTION IV

    Time35 minutes

    25 Questions

    Directions: The questions in this section are based on the reasoning contained in brief statements or passages. For somequestions, more than one of the choices could conceivably answer the question. However, you are to choose the best answer; thatis, the response that most accurately and completely answers the question. You should not make assumptions that are bycommonsense standards implausible, superfluous, or incompatible with the passage. After you have chosen the best answer,blacken the corresponding space on your answer sheet.

  • 4-23-45. When girls are educated in single-sex secondary

    schools, they tend to do better academically thangirls who attend mixed-sex schools. Since Aliceachieved higher grades than any other woman in herfirst year at the university, she was probably educatedat a single-sex school.

    Which one of the following most closely parallels theflawed reasoning used in the argument above?

    (A) When students have individual tutoring inmath, they usually get good grades on theirfinal exams. Celia had individual tutoring inmath so she will probably get a good grade.

    (B) When babies are taught to swim, they havemore than the average number of earinfections as they grow up. Janice has moreear infections than any other person at thelocal swimming club, so she probably wastaught to swim when she was a baby.

    (C) When children study music at an early age,they later tend to appreciate a wide variety ofmusic, so the talent of future musicians is bestfostered at an early age.

    (D) When children practice their piano scales forhalf an hour each day, they usually pass theirpiano exams. Sally practices scales for lessthan half an hour each day, so she willprobably fail her piano exam.

    (E) When children have parents who help themwith their homework, they usually do well inschool. Therefore, having help withhomework is probably the cause of highacademic achievement.

    6. In the past century, North America has shifted itsmain energy source first from wood to coal, thenfrom coal to oil and natural gas. With eachtransition, the newly dominant fuel has had lesscarbon and more hydrogen than its predecessor had.It is logical to conclude that in the future the mainenergy source will be pure hydrogen.

    Which one of the following expresses a generalprinciple that could underlie the argument?

    (A) If a series of transitions from one state of asystem to another state of that system isallowed to continue without interference, theinitial state of the series will eventually recur.

    (B) If each of two desirable attributes belongs to auseful substance, then the most useful form ofthat substance will have those two attributesin equal amounts.

    (C) If the second stage of a process has beencompleted more quickly than the first stage,the third stage of that process will becompleted more quickly than the secondstage.

    (D) If each step in a series of changes involves adecrease of one attribute of the thingundergoing the change and an increase ofanother, the series will terminate with the firstattribute eliminated and only the secondattribute present.

    (E) If one substance is better for a certain purposethan another substance is, then the bestsubstance for that purpose is one thatincludes among its attributes all of theattributes of the first substance and none ofthe attributes of the second substance.

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    44 44

  • 44 -24-Questions 78

    X: Since many chemicals useful for agriculture andmedicine derive from rare or endangered plantspecies, it is likely that many plant species that arenow extinct could have provided us with substancesthat would have been a boon to humanity. Therefore,if we want to ensure that chemicals from plants areavailable for use in the future, we must make moreserious efforts to preserve for all time our naturalresources.

    Y: But living things are not our resources. Yours is aselfish approach to conservation. We should ratherstrive to preserve living species because they deserveto survive, not because of the good they can do us.

    7. Which one of the following is an issue about which Xand Y disagree?

    (A) whether the benefits humans derive fromexploiting nonhuman species provide a goodreason for preserving nonhuman species

    (B) whether the cost of preserving plant speciesoutweighs the cost of artificially synthesizingchemicals that could otherwise be derivedfrom those species

    (C) whether it is prudent to conserve naturalresources

    (D) whether humans should make efforts toprevent the extinction of living species

    (E) whether all nonhuman species are equallyvaluable as natural resources

    8. Xs argument relies on which one of the followingassumptions?

    (A) Medicine would now be more advanced than itis if there had been a serious conservationpolicy in the past.

    (B) All living things exist to serve humankind.(C) The use of rare and endangered plant species

    as a source for chemicals will not itself renderthose species extinct.

    (D) The only way to persuade people to preservenatural resources is to convince them that it isin their interest to do so.

    (E) Few, if any, plant species have been saved fromextinction through human efforts.

    9. There is relatively little room for growth in theoverall carpet market, which is tied to the size of thepopulation. Most who purchase carpet do so onlyonce or twice, first in their twenties or thirties, andthen perhaps again in their fifties or sixties. Thus asthe population ages, companies producing carpet willbe able to gain market share in the carpet marketonly through purchasing competitors, and notthrough more aggressive marketing.

    Which one of the following, if true, casts the mostdoubt on the conclusion above?

    (A) Most of the major carpet producers marketother floor coverings as well.

    (B) Most established carpet producers marketseveral different brand names and varieties,and there is no remaining niche in the marketfor new brands to fill.

    (C) Two of the three mergers in the industrys lastten years led to a decline in profits andrevenues for the newly merged companies.

    (D) Price reductions, achieved by cost-cutting inproduction, by some of the dominant firms inthe carpet market are causing other producersto leave the market altogether.

    (E) The carpet market is unlike most markets inthat consumers are becoming increasinglyresistant to new patterns and styles.

    10. Decision makers tend to have distinctive styles. Onesuch style is for the decision maker to seek the widestpossible input from advisers and to explorealternatives while making up his or her mind. In fact,decision makers of this sort will often argue vigorouslyfor a particular idea, emphasizing its strong points anddownplaying its weaknesses, not because they actuallybelieve in the idea but because they want to see if theirreal reservations about it are idiosyncratic or are heldindependently by their advisers.

    Which one of the following is most stronglysupported by the statements above?

    (A) If certain decision makers statements arequoted accurately and at length, the contentof the quote could nonetheless be greatly atvariance with the decision eventually made.

    (B) Certain decision makers do not know which ideasthey do not really believe in until after they havepresented a variety of ideas to their advisers.

    (C) If certain decision makers dismiss an idea outof hand, it must be because its weaknesses aremore pronounced than any strong points itmay have.

    (D) Certain decision makers proceed in a way thatmakes it likely that they will frequently decidein favor of ideas in which they do not believe.

    (E) If certain decision makers advisers know theactual beliefs of those they advise, thoseadvisers will give better advice than theywould if they did not know those beliefs.

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    44 44

  • 4-25-4Questions 1112

    The foreign minister of Zeria announced today thather country was severing diplomatic relations withNandalo because of Nandalos flagrant violations ofhuman rights. But Zeria continues to maintain diplomaticrelations with many countries that the minister knows tohave far worse human-rights records than Nandalo does.Therefore, despite the foreign ministers claim, this latestdiplomatic move cannot be explained exclusively byZerias commitment to upholding human rights.

    11. Which one of the following, if true, provides themost support for the argument in the passage?

    (A) The country that currently buys most ofZerias exports recently suggested that itmight severely restrict its imports from Zeriaunless Zeria broke off diplomatic relationswith Nandalo.

    (B) Two weeks after the Zerian ministersannouncement, several other countries citedhuman-rights violations as a reason forsevering diplomatic relations with Nandalo.

    (C) More countries have expressed concern overreported human-rights violations in Nandalothan have expressed concern overhuman-rights violations in Zeria.

    (D) Nandalo has considered accusing Zeria ofviolating the human rights of Nandalocitizens living in Zeria.

    (E) The opposition party in Zeria has longadvocated severing trade relations withcountries that systematically violate humanrights but has opposed severing diplomaticrelations.

    12. The argumentative structure of which one of thefollowing most closely parallels that of the argumentin the passage?

    (A) Henrys parents insist that he eat breakfastbefore leaving for school because not doing sowould be bad for his health. But his parentsthemselves almost never eat breakfast, so theirinsistence cannot be completely explained bytheir concern for his health.

    (B) Professor Walsh says that only typed termpapers will be accepted because mosthandwriting is difficult to read. But since shelectures from handwritten notes, her policycannot be exclusively explained by anydifficulty she has with handwritten material.

    (C) James claims that he stole only because he washungry. But although hunger could accountfor stealing if food could not be readilyobtained in any other way, in this case foodwas otherwise readily available, and so Jamestheft cannot be completely explained by hishunger.

    (D) Armand declined Helens invitation to dinneron the grounds that socializing withcoworkers is imprudent. But since Armandwent to a movie with another coworker,Maria, that same evening, his expressedconcern for prudence cannot fully explain hisrefusal.

    (E) It is often asserted that there are fewer goodteachers than there used to be becauseteachers salaries have reached a new low. Butteachers have always been poorly paid, so lowsalaries cannot fully explain this perceiveddecline in the effectiveness of teachers.

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    44 44

  • 44 -26-13. Few politicians will support legislation that conflicts

    with their own self-interest. A case in point is AugustFrenson, who throughout his eight terms in officeconsistently opposed measures limiting the advantageincumbents enjoy over their challengers. Therefore, ifsuch measures are to be enacted, they must resultfrom direct popular vote rather than from legislativeaction.

    The case of August Frenson plays which one of thefollowing roles in the argument?

    (A) It provides evidence, the falsity of which wouldguarantee the falsity of the authors conclusion.

    (B) It is cited as an example illustrating thegeneralization that is invoked.

    (C) It gives essential background informationconcerning a measure being advocated.

    (D) It demonstrates the extent to which incumbentshave the advantage over challengers.

    (E) It gives an example of the limits of directpopular vote.

    14. In a learning experiment a researcher ran ratsthrough a maze. Some of the rats were blind, othersdeaf, others lacked a sense of smell, and others hadno sensory deficiencies; yet all the rats learned thetask in much the same amount of time. Of the sensesother than sight, hearing, and smell, only kinesthesiahad not previously been shown to be irrelevant tomaze-learning. The researcher concluded on the basisof these facts that kinesthesia, the sensation of bodilymovement, is sufficient for maze-learning.

    The researchers reasoning is most vulnerable towhich one of the following criticisms?

    (A) The small differences in proficiency found bythe researcher did not appear to fall into asystematic pattern by group.

    (B) The possibility that the interaction ofkinesthesia with at least one other sense isrequired for maze-learning cannot be ruledout on the basis of the data above.

    (C) It can be determined from the data that rats whoare deprived of one of their sources of sensorystimulation become more reliant on kinesthesiathan they had been, but the data do notindicate how such a transference takes place.

    (D) It can be determined from the data that rats canlearn to run mazes by depending on kinesthesiaalone, but the possibility that rats respond tononkinesthetic stimulation is not ruled out.

    (E) It can be determined from the data thatmaze-learning in rats depends on at least twosources of sensory stimulation, one of whichis kinesthesia, but which of the remainingsources must also be employed is notdeterminable.

    15. New legislation would require a seven-day waitingperiod in the sale of handguns to private individuals,in order that records of prisons could be checked andthe sale of handguns to people likely to hurt otherpeople thereby prevented. People opposed to thislegislation claim that prison records are so full oferrors that the proposed law would prevent as manylaw-abiding citizens as criminals from having accessto handguns.

    If the claim made by people opposed to the newlegislation is true, which one of the following is aprinciple that, if established, would do the most tojustify opposition to the new legislation on the basisof that claim?

    (A) The rights of law-abiding citizens are moreworthy of protection than are the rights ofcriminals.

    (B) Nothing should be done to restrict potentialcriminals at the cost of placing restrictions onlaw-abiding citizens.

    (C) Legislation should not be enacted if no benefitcould accrue to society as a result of thatlegislation.

    (D) No restrictions should be placed on the sale ofmerchandise unless sale of that merchandisecould endanger innocent people.

    (E) Even citizens who are neither fugitives norfelons should not be permitted to own ahandgun unless they have received adequatetraining.

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    44 44

  • 4-27-4Questions 1617

    The Gulches is an area of volcanic rock that is gashedby many channels that lead downhill from the site of aprehistoric glacier to a river. The channels clearly were cutby running water. It was once accepted as fact that thecutting occurred gradually, as the glacier melted. But onegeologist theorized that the channels were cut in a shorttime by an enormous flood. The channels do showphysical evidence of having been formed quickly, but theflood theory was originally rejected because scientistsknew of no natural process that could melt so much ice soquickly. Paradoxically, today the scientific communityaccepts the flood theory even though scientists still do notknow of a process that can melt so much ice so quickly.

    16. Which one of the following is supported by theinformation in the passage?

    (A) Only running water can cause deep channelsin volcanic rock.

    (B) The river did not exist before the channelswere cut.

    (C) Geologists cannot determine the amount ofheat required to melt a glacier quickly.

    (D) The physical effects of water on rock vary withthe speed with which those effects areproduced.

    (E) Geologists are compelled to reject physicalevidence when it leads to an unexplainableconclusion.

    17. Which one of the following, if true, most helps toresolve the apparent paradox in the passage?

    (A) Ripples, which indicate that the channels werecut by water, have been discovered in thefloors of the channels.

    (B) The Gulches is known to be similar in certainrespects to many other volcanic rockformations.

    (C) More than one glacier was present in the areaduring prehistoric times.

    (D) Volcanic rock is more easily cut by water thanare other forms of rock.

    (E) Scientists now believe that the prehistoricglacier dammed a source of water, created ahuge lake in the process, and then retreated.

    18. Advertisement: Attention pond owners!Ninety-eight percent of mosquito larvae in apond die within minutes after the pond hasbeen treated with BTI. Yet BTI is not toxic tofish, birds, animals, plants, or beneficialinsects. So by using BTI regularly to destroytheir larvae, you can greatly reducepopulations of pesky mosquitoes that hatch inyour pond