LSAT Reasoning Test 09.docx

LSAT Reasoning Test 9 LSAT 09 SECTION III Time 35 minutes 26 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 implied in the passage. For some of the questions, more than one of the choices could conceivably answer the question. However, you are to choose the best answer, that is, the response that most accurately and completely answers the question, and blacken the corresponding space on your answer sheet. After thirty years of investigation into cell genetics, researchers made startling discoveries in the 1960s and early 1970s which culminated in the development of processes, collectively known as recombinant deoxyribonucleic acid (rDNA) technology, for the active manipulation of a cell’s genetic code. The technology has created excitement and controversy because it involves altering DNA—which contains the building blocks of the genetic code. Using rDNA technology, scientists can transfer a portion of the DNA from one organism to a single living cell of another. The scientist chemically “snips” the DNA chain of the host cell at a predetermined point and attaches another piece of DNA from a donor cell at that place, creating a completely new organism. Proponents of rDNA research and development claim that it will allow scientists to find cures for disease and to better understand how genetic information controls an organism’s development. They also see many other potentially practical benefits, especially in the pharmaceutical industry. Some corporations employing the new technology even claim that by the end of the century all major diseases will be treated with drugs derived from microorganisms created through rDNA technology. Pharmaceutical products already developed, but not yet marketed, indicate that these predictions may be realized. Proponents also cite nonmedical applications for this technology. Energy production and waste disposal may benefit: genetically altered organisms could convert sewage and other organic material into methane fuel. Agriculture might also take advantage of rDNA technology to produce new varieties of crops that resist foul weather, pests, and the effects of poor soil. A major concern of the critics of rDNA research is that genetically altered microorganisms might escape from the laboratory. Because these microorganisms are laboratory creations that, in all probability (in all probability: adv.???), do not occur in nature, their interaction with the natural world cannot be predicted with certainty. It is possible that they could cause previously unknown, perhaps incurable diseases. The effect of genetically altered microorganisms on the world’s microbiological predator-prey relationships is another potentially serious problem pointed out by the opponents of rDNA research. Introducing a new species may disrupt or even destroy the existing ecosystem. The collapse of interdependent relationships among species, extrapolated to its extreme, could eventually result in the destruction of humanity. Opponents of rDNA technology also cite ethical problems with it. For example, it gives scientists the power to instantly cross evolutionary and species boundaries that nature took millennia to establish. The implications of such power would become particularly profound if genetic engineers were to tinker with human genes, a practice that would bring us one step closer to Aldous Huxley’s grim vision in Brave New World of a totalitarian society that engineers (?????) human beings to fulfill specific roles. 1. In the passage, the author is primarily concerned with doing which one of the following? (A) explaining the process and applications of rDNA technology (B) advocating continued rDNA research and development (C) providing evidence indicating the need for regulation of rDNA research and development (D) summarizing the controversy surrounding rDNA research and development?D? (E) arguing that the environmental risks of rDNA technology may outweigh its medical benefits 2. According to the passage, which one of the following is an accurate statement about research into the genetic code of cells? (A) It led to the development of processes for the manipulation of DNA. (B) It was initiated by the discovery of rDNA technology. (C) It led to the use of new treatments for major diseases. (D) It was universally heralded as a great benefit to humanity.?A? (E) It was motivated by a desire to create new organisms. 3. The potential benefits of rDNA technology referred to in the passage include all of the following EXCEPT (A) new methods of waste treatment (B) new biological knowledge (C) enhanced food production (D) development of less expensive drugs?D? (E) increased energy production 4. Which one of the following, if true, would most weaken an argument of opponents of rDNA technology? (A) New safety procedures developed by rDNA researchers make it impossible for genetically altered microorganisms to escape from laboratories. (B) A genetically altered microorganism accidentally released from a laboratory is successfully contained. (C) A particular rDNA-engineered microorganism introduced into an ecosystem attracts predators that keep its population down. (D) Genetically altered organisms designed to process sewage into methane cannot survive outside the waste treatment plant.?A? (E) A specific hereditary disease that has plagued humankind for generations is successfully eradicated. 5. The author’s reference in the last sentence of the passage to a society that engineers human beings to fulfill specific roles serves to (A) emphasize the potential medical dangers of rDNA technology (B) advocate research on the use of rDNA technology in human genetics (C) warn of the possible disasters that could result from upsetting the balance of nature (D) present Brave New World as an example of a work of fiction that accurately predicted technological developments?E? (E) illustrate the sociopolitical ramifications of applying genetic engineering to humans 6. Which one of the following, if true, would most strengthen an argument of the opponents of rDNA technology? (A) Agricultural products developed through rDNA technology are no more attractive to consumers than are traditional crops. (B) Genetically altered microorganisms have no natural predators but can prey on a wide variety of other microorganisms. (C) Drugs produced using rDNA technology cost more to manufacture than drugs produced with traditional technologies. (D) Ecosystems are impermanent systems that are often liable to collapse, and occasionally do so.?B? (E) Genetically altered microorganisms generally cannot survive for more than a few hours in the natural environment. Gray marketing, the selling of trademarked products through channels of distribution not authorized by the trademark holder, can involve distribution of goods either within a market region or across market boundaries. Gray marketing within a market region (“channel flow diversion”) occurs when manufacturer-authorized distributors sell trademarked goods to unauthorized distributors who then sell the goods to consumers within the same region. For example, quantity discounts from manufacturers may motivate authorized dealers to enter the gray market because they can purchase larger quantities of a product than they themselves intend to stock if they can sell the extra units through gray marketing channels. When gray marketing occurs across market boundaries, it is typically in an international setting and may be called “parallel importing.” Manufacturers often produce and sell products in more than one country and establish a network of authorized dealers in each country. Parallel importing occurs when trademarked goods intended for one country are diverted from proper channels (channel flow diversion) and then exported to unauthorized distributors in another country. Trademark owners justifiably argue against (argue against: ??) gray marketing practices since such practices clearly jeopardize the goodwill established by trademark owners: consumers who purchase trademarked goods in the gray market do not get the same “extended product,” which typically includes pre- and postsale service. Equally important, authorized distributors may cease to promote the product if it becomes available for much lower prices through unauthorized channels. Current debate over regulation of gray marketing focuses on three disparate theories in trademark law that have been variously and confusingly applied to parallel importation cases: universality, exhaustion, and territoriality. The theory of universality holds that a trademark is only an indication of the source or origin of the product. This theory does not recognize the goodwill functions of a trademark. When the courts apply this theory, gray marketing practices are allowed to continue because the origin of the product remains the same regardless of the specific route of the product through the channel of distribution. The exhaustion theory holds that a trademark owner relinquishes all rights once a product has been sold. When this theory is applied, gray marketing practices are allowed to continue because the trademark owners’ rights cease as soon as their products are sold to a distributor. The theory of territoriality holds that a trademark is effective in the country in which it is registered. Under the theory of territoriality, trademark owners can stop gray marketing practices in the registering countries on products bearing their trademarks. Since only the territoriality theory affords trademark owners any real legal protection against gray marketing practices, I believe it is inevitable as well as desirable that it will come to be consistently applied in gray marketing cases. 7. Which one of the following best expresses the main point of the passage? (A) Gray marketing is unfair to trademark owners and should be legally controlled. (B) Gray marketing is practiced in many different forms and places, and legislators should recognize the futility of trying to regulate it. (C) The mechanisms used to control gray marketing across markets are different from those most effective in controlling gray marketing within markets. (D) The three trademark law theories that have been applied in gray marketing cases lead to different case outcomes.?A? (E) Current theories used to interpret trademark laws have resulted in increased gray marketing activity. 8. The function of the passage as a whole is to (A) criticize the motives and methods of those who practice gray marketing (B) evaluate the effects of both channel flow diversion and parallel importation (C) discuss the methods that have been used to regulate gray marketing and evaluate such methods’ degrees of success (D) describe a controversial marketing practice and evaluate several legal views regarding it?D? (E) discuss situations in which certain marketing practices are common and analyze the economic factors responsible for their development 9. Which one of the following does the author offer as an argument against gray marketing? (A) Manufacturers find it difficult to monitor the effectiveness of promotional efforts made on behalf of products that are gray marketed. (B) Gray marketing can discourage product promotion by authorized distributors. (C) Gray marketing forces manufacturers to accept the low profit margins that result from quantity discounting. (D) Gray marketing discourages competition among unauthorized dealers.?B? (E) Quality standards in the manufacture of products likely to be gray marketed may decline. 10. The information in the passage suggests that proponents of the theory of territoriality would probably differ from proponents of the theory of exhaustion on which one of the following issues? (A) the right of trademark owners to enforce, in countries in which the trademarks are registered, distribution agreements intended to restrict distribution to authorized channels (B) the right of trademark owners to sell trademarked goods only to those distributors who agree to abide by distribution agreements (C) the legality of channel flow diversion that occurs in a country other than the one in which a trademark is registered (D) the significance consumers attach to a trademark?A? (E) the usefulness of trademarks as marketing tools 11. The author discusses the impact of gray marketing on goodwill in order to (A) fault trademark owners for their unwillingness to offer a solution to a major consumer complaint against gray marketing (B) indicate a way in which manufacturers sustain damage against which they ought to be protected (C) highlight one way in which gray marketing across markets is more problematic than gray marketing within a market (D) demonstrate that gray marketing does not always benefit the interests of unauthorized distributors?B? (E) argue that consumers are unwilling to accept a reduction in price in exchange for elimination of service 12. The author’s attitude toward the possibility that the courts will come to exercise consistent control over gray marketing practices can best be characterized as one of (A) resigned tolerance (B) utter dismay (C) reasoned optimism (D) unbridled fervor?C? (E) cynical indifference 13. It can be inferred from the passage that some channel flow diversion might be eliminated if (A) profit margins on authorized distribution of goods were less than those on goods marketed through parallel importing (B) manufacturers relieved authorized channels of all responsibility for product promotion (C) manufacturers charged all authorized distributors the same unit price for products regardless of quantity purchased (D) the postsale service policies of authorized channels were controlled by manufacturers?C? (E) manufacturers refused to provide the “extended product” to consumers who purchase goods in the gray market Any study of autobiographical narratives that appeared under the ostensible authorship of African American writers between 1760 and 1865 inevitably raises concerns about authenticity and interpretation. Should an autobiography whose written composition was literally out of the hands of its narrator be considered as the literary equivalent of those autobiographies that were authored independently by their subjects? In many cases, the so-called edited narrative of an ex-slave ought to be treated as a ghostwritten account insofar as literary analysis is concerned, especially when it was composed by its editor from “a statement of facts” provided by an African American subject. Blassingame has taken pains to show that the editors of several of the more famous antebellum slave narratives were “noted for their integrity” and thus were unlikely to distort the facts given them by slave narrators. From a literary standpoint, however, it is not the moral integrity of these editors that is at issue (at issue 1: in a state of controversy: in disagreement 2 also in issue: under discussion or in dispute) but the linguistic, structural, and tonal integrity of the narratives they produces. Even if an editor faithfully reproduced the facts of a narrator’s life, it was still the editor who decided what to make of these facts, how they should be emphasized, in what order they ought to be presented, and what was extraneous or germane. Readers of African American autobiography then and now have too readily accepted the presumption of these eighteenth- and nineteenth-century editors that experiential facts recounted orally could be recorded and sorted by an amanuensis-editor, taken out of their original contexts, and then published with editorial prefaces, footnotes, and appended commentary, all without compromising the validity of the narrative as a product of an African American consciousness. Transcribed narratives in which an editor explicitly delimits his or her role undoubtedly may be regarded as more authentic and reflective of the narrator’s thought in action (in action: adv.???, ???) than those edited works that flesh (to clothe or cover with or as if with flesh; broadly: to give substance to usually used with out) out a statement of facts in ways unaccounted for. Still, it would be naïve to accord dictated oral narratives the same status as autobiographies composed and written by the subjects of the stories themselves. This point is illustrated by an analysis of Works Progress Administration interviews with ex-slaves in the 1930s that suggests that narrators often told interviewers what they seemed to want to hear. If it seemed impolitic for former slaves to tell all they knew and thought about the past to interviewers in the 1930s, the same could be said of escaped slaves on the run in the antebellum era. Dictated narratives, therefore, are literary texts whose authenticity is difficult to determine. Analysts should reserve close analytic readings for independently authored texts. Discussion of collaborative texts should take into account the conditions that governed their production. 14. Which one of the following best summarizes the main point of the passage? (A) The personal integrity of an autobiography’s editor has little relevance to its value as a literary work. (B) Autobiographies dictated to editors are less valuable as literature than are autobiographies authored by their subjects. (C) The facts that are recorded in an autobiography are less important than the personal impressions of its author. (D) The circumstances under which an autobiography was written should affect the way it is interpreted as literature.?D? (E) The autobiographies of African Americans written between 1760 and 1865 deserve more careful study than they have so far received. 15. The information in the passage suggests that the role of the “editor” (lines 23-24) is most like that of (A) an artist who wishes to invent a unique method of conveying the emotional impact of a scene in a painting (B) a worker who must interpret the instructions of an employer (C) a critic who must provide evidence to support opinions about a play being reviewed (D) an architect who must make the best use of a natural setting in designing a public building?E? (E) a historian who must decide how to direct the reenactment of a historical event 16. Which one of the following best describes the author’s opinion about applying literary analysis to edited autobiographies? (A) The author is adamantly opposed to the application of literary analysis to edited autobiographies. (B) The author is skeptical of the value of close analytical reading in the case of edited autobiographies. (C) The author believes that literary analysis of the prefaces, footnotes, and commentaries that accompany edited autobiographies would be more useful than an analysis of the text of the autobiographies. (D) The author believes that an exclusively literary analysis of edited autobiographies is more valuable than a reading that emphasizes their historical import.?B? (E) The author believes that the literary analysis of edited autobiographies would enhance their linguistic, structural, and tonal integrity. 17. The passage supports which one of the following statements about the readers of autobiographies of African Americans that were published between 1760 and 1865? (A) They were more concerned with the personal details in the autobiographies than with their historical significance. (B) They were unable to distinguish between ghostwritten and edited autobiographies. (C) They were less naïve about the facts of slave life than are readers today. (D) They presumed that the editing of the autobiographies did not affect their authenticity.?D? (E) They had little interest in the moral integrity of the editors of the autobiographies. 18. When one of the following words, as it is used in the passage, best serves to underscore the author’s concerns about the authenticity of the autobiographies discussed? (A) “ostensible” (line 2) (B) “integrity” (line 18) (C) “extraneous” (line 27) (D) “delimits” (line 39)?A? (E) “impolitic” (line 51) 19. According to the passage, close analytic reading of an autobiography is appropriate only when the (A) autobiography has been dictated to an experienced amanuensis-editor (B) autobiography attempts to reflect the narrator’s thought in action (C) autobiography was authored independently by its subject (D) moral integrity of the autobiography’s editor is well established?C? (E) editor of the autobiography collaborated closely with its subject in its editing 20. It can be inferred that the discussion in the passage of Blassingame’s work primarily serves which one of the following purposes? (A) It adds an authority’s endorsement to the author’s view that edited narratives ought to be treated as ghostwritten accounts. (B) It provides an example of a mistaken emphasis in the study of autobiography. (C) It presents an account of a new method of literary analysis to be applied to autobiography. (D) It illustrates the inadequacy of traditional approaches to the analysis of autobiography.?B? (E) It emphasizes the importance of the relationship between editor and narrator. A conventional view of nineteenth-century Britain holds that iron manufacturers and textile manufacturers from the north of England became the wealthiest and most powerful people in society after about 1832. According to Marxist historians, these industrialists were the target of the working class in its struggle for power. A new study by Rubinstein, however, suggests that the real wealth lay with the bankers and merchants of London. Rubinstein does not deny that a northern industrial elite existed but argues that it was consistently outnumbered and outdone by a London-based commercial elite. His claims are provocative and deserve consideration. Rubinstein’s claim about the location of wealth comes from his investigation of probate records. These indicate the value of personal property, excluding real property (buildings and land), left by individuals at death. It does seem as if large fortunes were more frequently made in commerce than in industry and, within industry, more frequently from alcohol or tobacco than from textiles or metal. However, such records do not unequivocally make Rubinstein’s case. Uncertainties abound about how the probate rules for valuing assets were actually applied. Mills and factories, being real property, were clearly excluded: machinery may also have been, for the same reason. What the valuation conventions were for stock-in-trade (goods for sale) is also uncertain. It is possible that their probate values were much lower than their actual market value: cash or near-cash, such as bank balances or stocks, were, on the other hand, invariably considered at full face value. A further complication is that probate valuations probably took no notice of a business’s goodwill (favor with the public) which, since it represents expectations about future profit-making, would today very often be a large fraction of market value. Whether factors like these introduced systematic biases into the probate valuations of individuals with different types of businesses would be worth investigating. The orthodox view that the wealthiest individuals were the most powerful is also questioned by Rubinstein’s study. The problem for this orthodox view is that Rubinstein finds many millionaires who are totally unknown to nineteenth-century historians: the reason for their obscurity could be that they were not powerful. Indeed, Rubinstein dismisses any notion that great wealth had anything to do with entry into the governing elite, as represented by bishops, higher civil servants, and chairmen of manufacturing companies. The only requirements were university attendance and a father with a middle-class income. Rubinstein, in another study, has begun to buttress his findings about the location of wealth by analyzing income tax returns, which reveal a geographical distribution of middle-class incomes similar to that of wealthy incomes revealed by probate records. But until further confirmatory investigation is done, his claims can only be considered partially convincing. 21. The main idea of the passage is that (A) the Marxist interpretation of the relationship between class and power in nineteenth-century Britain is no longer viable (B) a simple equation between wealth and power is unlikely to be supported by new data from nineteenth-century British archives (C) a recent historical investigation has challenged but not disproved the orthodox view of the distribution of wealth and the relationship of wealth to power in nineteenth-century Britain (D) probate records provide the historian with a revealing but incomplete glimpse of the extent and location of wealth in nineteenth-century Britain?C? (E) an attempt has been made to confirm the findings of a new historical study of nineteenth-century Britain, but complete confirmation is likely to remain elusive 22. The author of the passage implies that probate records as a source of information about wealth in nineteenth-century Britain are (A) self-contradictory and misleading (B) ambiguous and outdated (C) controversial but readily available (D) revealing but difficult to interpret?D? (E) widely used by historians but fully understandable only by specialists 23. The author suggests that the total probate valuations of the personal property of individuals holding goods for sale in nineteenth-century Britain may have been (A) affected by the valuation conventions for such goods (B) less accurate than the valuations for such goods provided by income tax returns (C) less, on average, if such goods were tobacco-related than if they were alcohol-related (D) greater, on average, than the total probate valuations of those individuals who held bank balances?A? (E) dependent on whether such goods were held by industrialists or by merchants or bankers 24. According to the passage, Rubinstein has provided evidence that challenges which one of the following claims about nineteenth-century Britain? (A) The distribution of great wealth between commerce and industry was not equal. (B) Large incomes were typically made in alcohol and tobacco rather than in textiles and metal. (C) A London-based commercial elite can be identified. (D) An official governing elite can be identified.?E? (E) There was a necessary relationship between great wealth and power. 25. The author mentions that goodwill was probably excluded from the probate valuation of a business in nineteenth-century Britain most likely in order to (A) give an example of a business asset about which little was known in the nineteenth century (B) suggest that the probate valuations of certain businesses may have been significant underestimations of their true market value (C) make the point that this exclusion probably had an equal impact on the probate valuations of all nineteenth-century British businesses (D) indicate that expectations about future profit-making is the single most important factor in determining the market value of certain businesses?B? (E) argue that the twentieth-century method of determining probate valuations of a business may be consistently superior to the nineteenth-century method 26. Which one of the following studies would provide support for Rubinstein’s claims? (A) a study that indicated that many members of the commercial elite in nineteenth-century London had insignificant holdings of real property (B) a study that indicated that in the nineteenth century, industrialists from the north of England were in fact a target for working-class people (C) a study that indicated that, in nineteenth-century Britain, probate values of goods for sale were not as high as probate values of cash assets (D) a study that indicated that the wealth of nineteenth-century British industrialists did not appear to be significantly greater when the full value of their real property holdings was actually considered?D? (E) a study that indicated that at least some members of the official governing elite in nineteenth-century Britain owned more real property than had previously been thought to be the case 27. Which one of the following, if true, would cast the most doubt on Rubinstein’s argument concerning wealth and the official governing elite in nineteenth-century Britain? (A) Entry into this elite was more dependent on university attendance than on religious background. (B) Attendance at a prestigious university was probably more crucial than a certain minimum family income in gaining entry into this elite. (C) Bishops as a group were somewhat wealthier, at the point of entry into this elite, than were higher civil servants or chairmen of manufacturing companies. (D) The families of many members of this elite owned few, if any, shares in iron industries and textile industries in the north of England.?E? (E) The composition of this elite included vice-chancellors, many of whom held office because of their wealth. ANSWERS LSAT 09 SECTION III D A D A E B A D B A B C C D E B D A C B C D A E B D E