Birds need so much food energy to maintain their body temperatures that some of them spend most of their time eating. But a comparison of a bird of a seed-eating species to a bird of a nectar-eating species that has the same overall energy requirement would surely show that the seed-eating bird spends more time eating than does the nectar-eating bird, since a given amount of nectar provides more energy than does the same amount of seeds.
The argument relies on which one of the following questionable assumptions?
A. Birds of different species do not generally have the same overall energy requirements as each other.Movies that contain persistent violence are usually given R rating. R rated movies can be viewed in a theater by a child or an under-17 adolescent only in the company of a parent or an adult guardian. Mr. Smith and Mr. Green are two directors whose every movie has been given an R rating, while only some of Ms. Abbott's movies are R rated.
Which one of the following logically follows from the statements above, if they are true?
A. The movies made by female directors are more often viewed alone in the theaters by children or under-17 adolescents than the movies made by male directors.Parent: I had tried without success to get my young child to brush her teeth. I had hoped that she would imitate me, or that she would be persuaded by reason to brush her teeth. Then, I made a point of brushing her teeth for her immediately before reading her a story before her naps and at night. After several weeks, when I would pick up a storybook at these times, she began automatically to retrieve her toothbrush and brush her teeth herself.
The parent's experience with the child most closely conforms to which one of the following generalizations?
A. Children are most effectively taught to do something by someone's setting an example.By the time Bentham turned his interest to the subject, late in the eighteenth century, most components of modern evidence law had been assembled. Among common-law doctrines regarding evidence there were, however, principles that today are regarded as bizarre; thus, a well-established (but now abandoned) rule forbade the parties to a case from testifying. Well into the nineteenth century, even defendants in criminal cases were denied the right to testify to facts that would prove their innocence.
Although extreme in its irrationality, this proscription was in other respects quite typical of the law of evidence. Much of that law consisted of rules excluding relevant evidence, usually on some rational grounds. Hearsay evidence was generally excluded because absent persons could not be cross-examined. Yet such evidence was mechanically excluded even where out-of-court statements were both relevant and reliable, but the absent persons could not appear in court (for example, because they were dead).
The morass of evidentiary technicalities often made it unlikely that the truth would emerge in a judicial contest, no matter how expensive and protracted. Reform was frustrated both by the vested interests of lawyers and by the profession's reverence for tradition and precedent. Bentham's prescription was revolutionary: virtually all evidence tending to prove or disprove the issue in dispute should be admissible. Narrow exceptions were envisioned: instances in which the trouble or expense of presenting or considering proof outweighed its value, confessions to a Catholic priest, and a few other instances.
One difficulty with Bentham's nonexclusion principle is that some kinds of evidence are inherently unreliable or misleading. Such was the argument underlying the exclusions of interested-party testimony and hearsay evidence. Bentham argued that the character of evidence should be weighed by the jury: the alternative was to prefer ignorance to knowledge. Yet some evidence, although relevant, is actually more likely to produce a false jury verdict than a true one. To use a modern example, evidence of a defendant's past bank robberies is excluded, since the prejudicial character of the evidence substantially outweighs its value in helping the jury decide correctly. Further, in granting exclusions such as sacramental confessions, Bentham conceded that competing social interests or values might override the desire for relevant evidence. But then, why not protect conversations between social workers and their clients, or parents and children?
Despite concerns such as these, the approach underlying modem evidence law began to prevail soon after Bentham's death: relevant evidence should be admitted unless there are clear grounds of policy for excluding it. This clear-grounds proviso allows more exclusions than Bentham would have liked, but the main thrust of the current outlook is Bentham's own nonexclusion principle, demoted from a rule to a presumption.
The passage is primarily concerned with which one of the following?
A. suggesting the advantages and limitations of a legal reformThurgood Marshall's litigation of Brown v. Board of Education in 1952 ?the landmark case, decided in 1954, that made segregation illegal in United States public schools ?was not his first case before the U.S. Supreme Court. Some legal scholars claim that the cases he presented to the court in the sixteen years before his successful argument for desegregation of public schools were necessary forerunners of that case: preliminary tests of legal strategies and early erosions of the foundations of discrimination against African Americans that paved the way for success in Brown.
When Marshall joined the legal staff of the National Association for the Advancement of Colored People (NAACP) in 1936, the organization was divided on how to proceed against the legal doctrine that for forty years had promoted "separate but equal" facilities for African Americans in educational institutions, in public transportation, and various other civic amenities. One approach was to emphasize that facilities were not in fact equal and to pursue litigation whose practical goal was the improvement both of opportunity for African Americans and of the facilities themselves. A second, more theoretical, approach was to argue that the concept of separate but equal facilities for the races was by its very nature impossible to fulfill, rendering the doctrine self-contradictory and hence legally unsound. Marshall correctly believed that the latter approach would eventually be the one to bring repeal of the doctrine, but felt it necessary in the short term to argue several cases using the former approach, in order to demonstrate the numerous ways in which segregation prevented real equality and thus to prepare the courts to recognize the validity of the theoretical argument.
While Marshall enjoyed several successes arguing for the equalization of facilities and opportunities in such areas as voting practices and accommodations for graduate students at public universities, it would be twelve years before he evolved a strategy for arguing against pervasive discriminatory practices that enabled him to make the leap from individual instances of inequality to the broader social argument needed to later invalidate "separate but equal." In 1948, Marshall litigated Shelley v. Kraemer, in which he convinced the court to outlaw housing discrimination practiced by private parties. Although the court had previously supported such practices implicitly under a doctrine that excused private dealings from the legal requirement for equal protection of citizens under law, Marshall presented sociological data demonstrating that, in sum and over time, these individual transactions constituted a pattern of insupportable discrimination. Marshall later used this strategy when arguing against individual schools' enrollment restrictions in Brown; scholars argue that his successful use of the strategy in Shelley prepared the court to accept such data as convincing evidence for finding "separate but equal" insupportable on its face.
According to the passage, sociological data presented by Marshall in Shelley v. Kraemer showed that
A. numerous examples of individual discriminatory enrollment policies in public schools amounted to a general pattern of discriminationDuring a single week, from Monday through Friday, tours will be conducted of a company's three divisions -- Operations, Production, Sales. Exactly five tours will be conducted that week, one each day. The schedule of tours for the week
must conform to the following restrictions:
Each division is toured at least once.
The Operations division is not toured on Monday.
The Production division is not toured on Wednesday.
The Sales division is toured on two consecutive days, and on no other days.
If the Operations division is toured on Thursday, then the Production division is toured on Friday.
If in addition to the Sales division one other division is toured on two consecutive days, then it could be true of the week's tour schedule both that the
A. Production division is toured on Monday and that the Operations division is toured on ThursdayProfessor Beckstein: American Sign Language is the native language of many North Americans. Therefore, it is not a foreign language, and for that reason alone, no student should be permitted to satisfy the university's foreign language
requirement by learning it.
Professor Sedley: According to your argument, students should not be allowed to satisfy the university's foreign language requirement by learning French or Spanish either, since they too are the native languages of many North Americans.
Yet many students currently satisfy the requirement by studying French or Spanish, and it would be ridiculous to begin prohibiting them from doing so.
Professor Sedley uses which one of the following strategies of argumentation in responding to Professor Beckstein's argument?
A. attempting to demonstrate that the reasoning used to reach a certain conclusion leads to another conclusion that is undesirableDietician: "The French Paradox" refers to the unusual concurrence in the population of France of a low incidence of heart disease and a diet high in fat. The most likely explanation is that the French consume a high quantity of red wine, which
mitigates the ill effects of the fat they eat. So North Americans, with nearly the highest rate of heart disease in the world, should take a cue from the French: if you want to be healthier without cutting fat intake, drink more red wine.
Which one of the following statements, if true, most seriously undermines the conclusion of the dietician's argument?
A. French men consume as much red wine as French women do, yet French men have a higher rate of heart disease than do French women.Until 1985 all commercial airlines completely replenished the cabin air in planes in flight once every 30 minutes. Since then the rate has been once every hour. The less frequently cabin air is replenished in a plane in flight, the higher the level of carbon dioxide in that plane and the easier it is for airborne illnesses to be spread.
Which one of the following is most strongly supported by the information above?
A. In 1985 there was a loosening of regulations concerning cabin air in commercial airline flights.Arbitrator: The shipping manager admits that he decided to close the old facility on October 14 and to schedule the new facility's opening for October 17, the following Monday. But he also claims that he is not responsible for the business that was lost due to the new facility's failing to open as scheduled. He blames the contractor for not finishing on time, but he, too, is to blame, for he was aware of the contractor's typical delays and should have planned for this contingency.
Which one of the following principles underlies the arbitrator's argument?
A. A manager should take foreseeable problems into account when making decisions.Nowadays, the certification exams become more and more important and required by more and more enterprises when applying for a job. But how to prepare for the exam effectively? How to prepare for the exam in a short time with less efforts? How to get a ideal result and how to find the most reliable resources? Here on Vcedump.com, you will find all the answers. Vcedump.com provide not only LSAC exam questions, answers and explanations but also complete assistance on your exam preparation and certification application. If you are confused on your LSAT-TEST exam preparations and LSAC certification application, do not hesitate to visit our Vcedump.com to find your solutions here.