LSAT考試全真試題五SECTION4

section iv

time—35 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 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 questions. and blacken the corresponding space on your answer sheet.

 many literary scholars believe that zora neale hurston s their eyes  were watching god (1937) has been the primary influence on some of the  most accomplished black women writing in the united

(5) states today. indeed, alice walker, the author of the prize-winning novel the  color purple. has said of their eyes. "there is no book more important to me  than this one." thus, it seems necessary to ask why their eyes, a work now  viewed by a multitude

(10) of readers as remarkably successful in its complex depiction of a black  woman s search for self and community. was ever relegated to the margins of  the literary canon

 the details of the novel s initial reception help

(15) answer this question. unlike the recently rediscovered and rerexamined  work of harriet wilson. their eyes was not totally ignored by book reviewers  upon its publication. in fact, it received a mixture of positive and negative  reviews both from

(20) white book reviewers working for prominent periodicals and from important  figures within black literary circles in the saturday review of literanre george  stevens wrote that "the narration is exactly right, because most of it is  dialogue and the

(25) dialogue gives us a constant sense of character in action the negative  criticism was partially a result of hurston s ideological differences with other  members of the black americans in literature. black

(30) writers of the 1940s believed that the black artist s primary responsibility  was to create protest fiction that explored the negative effects of racism in the  united states. for example, richard wright, the author of the much  acclaimed native son (1940)

(35) wrote that their eyes had "no theme" and "no message" most crities and  readers expectations of black literature rendered them unable to appreciate  hurston s subtle delineation of the life of an ordinary black woman in a black  community

(40) and the novel went quietly out of print

 recent acclaim for their eyes results from the emergence of feminist  literary criticism and the development of standards of evaluation specific to  the work of black writers; these kinds of criticism

(45) changed readers expectations of art and enabled them to appreciate  hurston s novel the emergence of feminist criticism was crucial because  such criticism brought new attention to neglected works such as hurston s  and alerted readers to hurston s

(50) exploration of women s issues in her fictionl. the afroncentric standards of  evaluation were equally important to the rediscovery of their eyes, for such  standards provided readers with the tools to recognize and appreciate the  black folklore and

(55) oral storytelling traditions hurston incorporated within her work. in one of  the most illuminating discussions of the novel to date. henry louis gates jr.  states that "hurston s strategy seems to concern itself with the possibilities  of representation of the

(60) speaking black voice in writing"

1. the passage suggests which one of the following about harriet wilson s novel?

(a) it was written at the same time as their eyes were watching god, but it did not receive as much critical attention.
(b) it greatly influenced black women writing after the 1940s.
(c) it was widely read when it was published but it has not received attention from literary crities until recently.
(d) it was not formally published, and the manuscript has only recently been discovered by literary crities.
(e) it did not receive critical attention when it was published, but it has recently become the subject of critical study.

2. the passage offers support for which one of the following statements about literary reviewers and their eyes were watching god?

(a) their eyes was widely acclaimed by reviewers upon its publication. even though it eventually went out of print.
(b) the eventual obscurity of their eyes was not the result of complete neglect by reviewers
(c) some early reviewers of their eyes interpreted the novel from a point of view that later became known as afrocentric
(d) their eyes was more typical of the protest fiction of the 1940s than reviewers realized
(e) most early reviewers of their eyes did not respond positively to the book.

3. which one of the following best states the main idea of the passage?

(a) hurston s their eyes were watching god had little in common with novels written by blank authors during the 1940s.
(b) feminist critics and authors such as alice walker were instrumental in establishing hurston s their eyes were watching god as an important part of the american literary canon.
(c) crities and readers were unable to appreciate fully hurston s their eyes were watching god until crties applied new standards of evaluation to the novel
(d) hurston s their eyes were watching god was an important influence on the protest fiction written by black writers in the mid-twentieth century.
(e) afrocentric strategies of analysis have brought attention to the use of oral storytelling traditions in novels written by black americans such as hurston s their eyes were watching god.

4. according to the passage which one of the following is true of black folklore traditions as used in literature written in the united states?

(a) they are an aspect of black american literature first recognized and written about by henry louis gates. jr
(b) they were not widely incorporated into novels written by black americans until after the 1940s
(c) they were first used by a novelist in zora neale hurston s their eyes were watching god
(d) they were not incorporated into novels published by black americans in the 1940s
(e) they are an aspect of black literature that some readers did not fully appreciate until relatively recently.

5. the passage suggests that native son differes from their eyes were watching god in which one of the following ways?

(a) it received fewer positive reviews at the time of its publication than did their eyes
(b) it is less typical of literature written by black americans during the 1940s than is then eyes
(c) it is less focused on an ordinary individual s seareh for self within a black community than is then eyes.
(d) it deniets more aspects of black american folklore than does their eyes.
(e) it has received more attention from feinist and afrocentric literary critics than their eyes

6. which one of the following provides the clearest example of the kind of fiction that many black writers of the 1940s, as their views are described in the passage, believed should be written?

(a) a novel that focuses on the interrelationships among four generations of black women
(b) a historical novel that re-creates actual events that occurred as black people suffered from oppression and racial injustice in a small town
(c) a novel, based on biographical stories orally relayed to the author as a child, that describes the development of traditions in a black family
(d) a novel that explores the psychological aspects of a relationship between a white man and a black man as they work together to organize protests against unjust working conditions
(e) a novel that examines the different ways in which three black children experience their first day of school in a rural community

7. the author would be most likely to agree with which one of the following statements about the relationship between art and literary criticism?

(a) the long-term reputation of a work of art is less dependent on the response of literary critics than on the response of readers and authors
(b) experimental works of fiction are usually poorly received and misunderstood by lterary crities when they are first published
(c) the response of literary critics to a work of art can be determined by certain ideological perspectives and assumptions about the purpose of art
(d) literary critics do not significantly affect the way most people interpret and appreciate literature.
(e) the ideological bases of a work of art are the first consideration of most literary critics.

8. the primary purpose of the passage is to

(a) correct a misconception
(b) explain a reassessment
(c) reconcile two points of view
(d) criticize a conventional approach
(e) announce a new discovery

 legal cases can be termed "hard" cases if they raise issues that are  highly controversial, issues about which people with legal training disagree.  the ongoing debate over the completeness of the

(5) law usually concerns the extent to which such haard cases are legally  determinate, or decidable according to existing law.

 h l a hart s the concept of law is still the clearest and most persuasive  statement of both the

(10) standard theory of hard cases and the standard theory of law on which it  rests. for hart the law consists of legal rules formulated in general terms;  these terms he calls "open textured" which means that they contain a "core"  of settled meaning and a

(15) "penumbra" or "periphery" where their meaning is not determinate. for  example, suppose an ordinance prohibits the use of vehicles in a park.  "vehicle" has a core of meaning which includes cars and motoreycles but.  hart claims, other

(20) vehicles, such as bicycles, fall within the peripheral meaning of "vehicle" so  that the law does not establish whether they are prohibited. there will always  be cases not covered by the core meaning of legal terms within existing laws.  hart considers

(25) these cases to be legally indeterminate. since courts cannot decide such  cases on legal grounds they must consider nonlegal (for example, moral and  political) grounds, and thereby exercise judicial discretion to make, rather  than apply law

(30) in ronald dworkin s view the law is richer than hart would grant: he denies  that the law consists solely of explicit rules. the law also includes principles  that do not depend for their legal status on any prior official recognition or  enactment

(35) dworkin claims that many cases illustrate the existence of legal principles  that are different from legal rules and that hart s model of rules cannot  accommodate. for dworkin, legal rules apply in an all-or-nothing fashion  whereas legal principles do

(40) not they provide the rationale for applying legal rules. thus, because  dworkin thinks there is law in addition to legal rules, he thinks that legal  indeterminacy and the need for judicial discretion do not follow from the  existence of open texture in

(45) legal rules

 it would be a mistakethough to dispute hart s theory of hard cases on  this basis alone if hart s claim about the "open texture" of general terms is  true, then we should expect to find legal

(50) indeterminacies even if the law consists of principles in addition to rules  legal principles as well as legal rules contain general terms that have open  texture. and it would be absurd to suppose that wherever the meaning of a  legal rule is unclear

(55) there is a legal principle with a clear meaning most interesting and  controversial cases will occur in the penumbra of both rules and principles.

9. which one of the following best expresses the main idea of the passage?

(a) the law will never be complete because new situations will always arise which will require new laws to resolve them.
(b) the most difficult legal cases are those concerning controversial issues about which trained legal minds have differing opinions.
(c) the concept of legal principles does not diminish the usefulness of the concept of the open texture of general terms in deciding whether hard cases are legally determinate.
(d) the concept of legal principles is a deleterious addition to the theory of law since any flaws exhibited by legal rules could also be shared by legal principles.
(e) the inherent inconsistency of terms used in laws provides a continuing opportunity for judges to exercise their discretion to correct defect and gaps in the law.

10. according to the passage the term "legal principles" as used by dworkin refers to

(a) a comprehensive code of ethics that governs the behavior of professionals in the legal system
(b) explicit analyses of the terms used in legal rules indicating what meanings the terms do and do not cover
(c) legal doctrines that underlie and guide the use of accepted legal rules
(d) legal rules that have not yet passed through the entire legislative procedure necessary for them to become law
(e) the body of legal decisions regarding cases that required judicial discretion for their resolution

11. which one of the following expresses a view that the author of the passage would most proably hold concerning legal principles and legal rules?

(a) legal rules are applied more often than legal principles when a case involves issues about which legal professionals disagree.
(b) both legal rules and legal principles are officially recognized as valid parts of the law.
(c) hart s "model of rules" has been superseded by a "model of principles" that sheds light on legal determinacy.
(d) legal principles are just as likely as legal rules to have terms that have both core and peripheral meanings
(e) legal principles eliminate the need for judicial discretion in resolving the problems generated by the open texture of legal rules.

12. in the passage, the author uses the example of the word "vehicle" to

(a) illustrate a legal rule that necessarily has exceptions
(b) show how legal principles are applied in the construction of legal rules
(c) represent the core of settled meaning of a legal term
(d) serve as an example of a legal term with both a core and a periphery of meaning
(e) provide a counterexample to hart s concept of the open texture of legal terms

13. it can be inferred that the author of the passage regards hart s theory of hard cases and the theory of standard law as

(a) exhaustive
(b) worthy of respect
(c) interesting but impractical
(d) plausible but unwieldy
(e) hopelessly outmoded

14. which one of the following is true of the term "legally determinate" (line 6) as it is used in the passage?

(a) it represents the idea that every crime should have a fixed penalty rather than a range of penalties within which a judge can make an arbitrary choice
(b) it refers to a legal case that can be definitively resolved in favor of one side or the other according to the law in effect at the time
(c) it describes a legal rule that requires judges to limit their actions to applying written law when deciding cases over which people with legal training disagree
(d) it refers to any legal case that involves terms with imprecise meanings and thus relies for its resolution only on the determination of judges.
(e) it refers to procedures for determining the legal outcome of complex issues in difficult cases.

15. in the passage, the author is primarily concerned with

(a) outlining the problems that might be faced by a legislature attempting to create a complete body of law that would prevent judges from making rather than applying the law
(b) justifying the idea that "hard" cases will always exist in the practice of law, no matter what laws are written or how they are applied
(c) presenting evidence to support dworkin s idea that legal rules apply in an all-or-nothing fashion whereas legal principles apply in more sophisticated ways
(d) critiquing the concept of the open texture of legal terms as a conceptual flaw in hart s otherwise well-regarded book.
(e) demonstrating that dworkin s concept of legal principles does not form the basis for a successful attack on hart s theory of legally indeterminate cases

 one way governments can decrease air pollution is to impose a tax on  industrial carbon dixide emissions. but why should governments consider a  carbon tax when they could control emissions by

(5) establishing energy efficiency and conservation standards, by legislating  against coal use or by increasing inverstment in nuclear? the great virtue of  such a tax is that it would provide incentives for industry to achieve emission

(10) reductions. because oil emits more carbon dioxide per unit of energy  generated than does natural gas, and coal more than oil,a carbon tax would  vary with the type of fuel.such a tax would induce industry to substitute less- polluting fuels for those carrying a

(15) higher tax and also to reduce the total use of energy

 however it is not clear how high such a tax should be or what its  economic and environmental implications would be. at first glance, it is not

(20) difficult to estimate roughly the size of the tax needed to effect a given level  of emission reduction. one writer estimates for example that a tax of 41  percent on the price of coal 33 percent on oil and 25 percent on gas would  reduce the united

(25) kingdom s emissions by 20 percent (using 1988 as the base year) by the  year 2005 the target recommended by the 1988 toronto conference. it should  be noted however that these numbers ignore the effect of the tax on  economic growth, and

(30) hence on emissions, and assume that past responses to a price rise will  be replicated in the future these numbers are also based on the assumption  that all countries will behave cooperatively in imposing a carbon tax.

(35) there are very strong reasons to believe that cooperation would be difficult  to win. if most countries cooperated. then any country that chose not to  cooperate would be advantaged it would have no abatement costs, and the  effect on the

(40) environment of its defection would be relatively small. because of this "free  rider" effect cooperation on a scale needed to reduce carbon dioxide  emissions might prove elusive

 should countries act unilaterally to durb

(45) emissions? if a country were to act unilaterally the benefits would be  spread across the globe, whereas the costs would fall solely on the country  taking the action. the action would reduce emissions globally and the effect  of this would be to reduce the benefit

(50) other countries would receive if they reduced emissions. as a  consequence other countries would have less incentive to reduce emissions  and would probably emit more carbon dioxide than they would have if the  unilateral action had not been taken

(55) the entire effect of the emission reduction may not be lost, but it would  surely be dimminished by this free-riding behavior

16. according to the passage, the size of the carbon tax levied on a given fuel would vary with the

(a) amount of that fuel used by a particular industry
(b) amount of pollution caused by the fuel being taxed
(c) size of the industries using the fuel being taxed
(d) effect that the tax would have on a country s economy
(e) number of usuers of a particular fuel at a particular time

17. the author mentions the estimates of "one writer" (line 22) primarily in order to

(a) indicate in a general way the size that a carbon tax must be for it to be effective.
(b) provide the most accurate information available about the most practical size for a carbon tax
(c) suggest that the target recommended by the 1988 toronto conference is an unrealistic one
(d) undermine the argument that a carbon tax would provide incentives for user s to achieve emissions reductions
(e) show how the size of an effective carbon tax can be calculated

18. which one of the following circumstances would most seriously undermine the conclusion "such a tax would induce induce industry to substitute less-polluting fuels for those carrying a higher tax" (lines 13-15)

(a) the fuel taxed a the highest rate costs considerably less to buy than fuels taxed at lower rates
(b) the goal set by the toronto conference cannot be reached unless each fuel it taxed at a much higher rate
(c) the tax on coal represents a much greater cost increase than does the tax on oil or gas
(d) it is discovered that gas produces even less carbon dioxide per unit of energy generated than was previously thought.
(e) it is discovered that coal produces even more carbon dioxide per unit of energy generated than are previously thought.

19. the passage is primarily intended to answer which one of the following questions?

(a) how high a tax should a country s government impose on carbon dioxide emissions?
(b) what issues should a country s government consider before deciding whether to impose a tax on carbon dioxide emissions?
(c) what assumptions underlie a country s decision to impose a tax on carbon dioxide emissions?
(d) how can the effects of industrial pollution on the earth s atmosphere be decreased?
(e) what can be done to increase the effectiveness of any tax that a country imposes on carbon dioxide emissions?

20. in response to the question. "should countries act unilaterally to curb emissions?" (line 44-45) the author would be most likely to contend that a country should

(a) not act unilaterally because although that country would receive some benefits from such action other countries would most likely be harmed by it
(b) not act unilaterally because unilateral action would have no benefits for other countries
(c) not act unilaterally because the cost to that country would not be justified by the limited effect that such action would have on industrial pollution worldwide
(d) act unilaterally because that country s economy would benefit from the resulting reduction in industrial emissions worldwide
(e) act unilaterally because other countries might well be inspired to follow that country s example

21. which one of the following is most parallel to the "free rider" effect mentioned in line 41?

(a) an industry agrees to base itself in a city where there has been little industrial development only if the city will rezone the specific property the industry desires.
(b) because fares for public transportation are rising a commuter decides to bicycle to work rather than to use public transportation i a city where auto emissions are a problem
(c) an apartment dweller begins to recycle newspapeers even though no one else in the building does so and recycling is not required by law
(d) in an area where groundwater has become polluted a homeowner continues to buy bottled water rather than contribute to a neighborhood fund to combat pollution
(e) in an area where overgrazing is a severe problem a shepherd allows his sheep to continue grazing common field even though his neighbors have agreed to buy feed for their animals until regrowth occurs

 some meteorologists have insisted that the severity of the drought in  sub-saharan west africa and its long duration (nearly 40 years to date) must  be a sign of a long term alteration in climate

(5) among the theories proposed to explain this change one hypothesis that  has gained widespread attention attributes the drought to a cooling of the  northern hemisphere. this hypothesis is based on the fact that between  1945 and the early 1970s the

(10) average annual air temperatures over the landmasses of the northern  hemisphere decreased by about half a degree fahrenheit (approximately one  quarter of a degree celsius—a samll but significant amount). several  meterologists have

(15) suggested that this cooling was caused by an increase in atmospheric  dust emanating from volcanic eruptions and from urban and industrial  pollution the dust reflected incoming sunlight. causing the ground to receive  less solar radiation

(20) and to transfer less heart to the atmosphere. the cooling seemed to be  more pronounced in the middle and high latitudes than in the tropies an  observation that is consistent with the fact that the sun s rays enter the  atmosphere at a greater angle

(25) farther north and so have to pass through more dust-laden atmosphere on  the way to the earth.

 since winds are set in motion by differences in air pressure caused by  unequal heating of the atmosphere supporters of the cooling hypothesis

(30) have argued that a growing temperature differential between the unusually  cool middle and high latitudes and the warm tropical latitudes is causing a  southward expansion of the circumpolar vortex—the high-altitude westerly  winds that circle

(35) the northern hemisphere at middle latitudes according to this hypothesis  as the circumpolar vortex expands, it forces south other components of large- scale atmospheric circulation and in effect displaces the northward-moving  monsoon that

(40) ordinarily bring sub-saharan rain proponents have further argued that this  change in atmospheric circulation might be long-term since cooling in the  northern hemisphere could be perpetuated by increases in ice and snow  coverage there which

(45) would lead to reflection of more sunlight away from the earth to further  cooling and indirectly to further drought in sub-saharan west africa

 despite these are ptedtctions and even though the current african  drought has lasted longer than

(50) any other in this century the notion that the drough is caused by cooling of  the northern hemisphere is. fact not well supported contrary to the  predictions of the cooling hypothesis, during one period of rapid northern  hemisphere cooling

(55) in the early 1950s, the sub-sahara was unusually rain moreover in the early  1980s, when the drought was particularly severe northern hemisphere lands  actually warmed slightly. and furhter doubt has been cast on the hypothesis  by

(60) recent analyses suggesting that when surface temperatures of water as  well as land are taken into account the northern hemisphere may not have  cooled at all

22. which one of the following best expresses the main idea of the passage?

(a) there is strong evidence to support the theory that an increase in atmospheric dust has contributed to the severity of the drought in sub-saharan west africa
(b) the suggestion that northern hemisphere cooling is contributing to a decline of rainfall in sub-saharan west africa is open to question
(c) the expansion of the circumpolar vortex has caused a dramatic shift in the atmospheric circulation patterns above sub-saharan west africa
(d) the drought in sub-saharan west africa represents a long-term permanent alteration in global climake patterns
(e) meteorologists cannot determine when the droutht in sub-saharan west africa is likely to end

23. the author s attitude toward the cooling hypothesis is best described as one of

(a) vehement opposition
(b) cautious skepticism
(c) growing ambivalence
(d) guarded enthusiasm
(e) strong support

24. according to the passage proponents of the cooling hypothesis suggested that the circumpolar vortex is likely to expand when which one of the following occurs?

(a) the average annual atmoshperic temperature of the tropics is significantly higher than normal for an extended period of time.
(b) the average annual snowfall in the northern hemisphere is lower than normal for an extended period of time.
(c) the average annual surface temperature of northern hemisphere waters is higher than the average annual surface temperature of northern hemisphere landmasses
(d) there is a significant increase in the difference between the average annual atmospheric temperature of the tropies and that of the more northern latitudes
(e) there is a significant increase in the difference between the average annual atmospheric temperatures of the middle and the high latitudes in the northern hemisphere.

25. which one of the following can be inferred from the passage about the average annual temperature of the air over northern hemisphere landmasses before 1945?

(a) it was higher than it was between 1945 and the early 1970s.
(b) it was lower than it was during the early 1980s.
(c) it was the same as it was between 1945 and the early 1970s.
(d) it was the same as the annual average surface temperature of northern hemisphere landmasses and bodies of water between 1945 and the early 1970s.
(e) it was higher than the annual average surface temperature of northern hemisphere landmasses and bodies of water between 1945 and the early 1970s.

26. which one of the following best deseribes the organization of the passage?

(a) opposing points of view are presented evidence supporting each point of view is discussed and then one point of view is developed into a formal hypothesis
(b) a theory is discussed and different points of view about the theory are discussed supported and then reconciled
(c) a hypothesis is proposed contradictory evidence is discussed and then the hypothesis is amended
(d) a theory explaining a phenomenon is proposed supporting evidence is considered and then the theory is disputed
(e) a point of view is presented a theory supporting the view is proposed contradictory evidence is presented and then a different theory is proposed.

27. a proponent of the cooling hypothesis would most likely argue that the return of the monsoon rains to sub-saharan west africa would indicate that which one of the following has also occurred?

(a) the amount of ice and snow coverage over the landmasses of the northern hemisphere has increased
(b) the average annual temperature of the atmosphere over the middle and high latitudes of the northern hemisphere has decreased
(c) the average annual temperature of the atmosphere over the tropics in the northern hemisphere has increased
(d) other components of large-scale atmospheric circulation besides the circumpolar vortex have expanded and moved southward
(e) the atmospheric circulation pattern of the high-altitude westerly winds has resumed its normal pattern