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    200206

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    200206

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    of 32
    A Publication of the Law School Admission uncil, The Producers of the LSAT® ducers of the L! 1" Directions: SECTION 1 Time—35 minutes 16 Questions Each passage in this implied in the passage: For some of the questions. ro However, you ate to ehoose the blacken the corresponding space on your answer cheer 6 a0) as) @3) 20) 33) (40) (45) 150) The jury trial is one ofthe handful of democratic institutions that allow individual citizens, rather then the government, to make iraportant societal decisions A crucial component of the jury rial, at least in serious ‘riminal cases, i the rule thai verdicts be unanimmeae fmmong the jurors (usually twelve in number). Unaler {his requirement, dissensing jurors must either be convinced ofthe nghtness of the prevailing opinion, o Conversely. pessuae the other jaots o change ther ‘minds. t cither instance, the unanimity requirement Compels the jury to deliberate fully and tty before reaching its vewticl, Chtics ofthe unanimity Tequitement. hvwever, see it asa coil reli¢ that extends the deliberation process and sometimes, in a hung (ic. deadiocked) jury, brings it toa halt athe hands of a5 order a retrial. Some ofthese cries recommend ‘reducing verdict requirements 1 something less than Lunarimity. so that one orevea two dissenting juno Will not be able 10 force a retrial. But the material costs of hung juries do not warrant {losing the benefit society of the unanimous vendicn Statistically, jury trials are relatively rare, the vact alority of defetdants do not have the option ofa jury {tal or elect havea rial without 2 jury-or they Plead guilty tthe original ora reduced charge, ad the incidence of hung juries is only a small fection of ths already small fraction of cases tht receive ary trial. Furthermore, that juries occasionally deadioek docs roi demonstrate a flaw in the crit justice system, but raider suggests that jurors are someicntiously doing the job they have becn asked to Go, Hung juries usustly occur when the case is very lese—that s, when nether side has presented completely convincing evidence—and although the unanimity requirement may sometimes lead te incorelusive outcomes, «hung jury is centainly referable to an unjest verdict Requiring unanimity provides a better chine that tral and thus 2 verdict, wil be far. anocent people ate already occasionally convicted-pethaps ireeone aves beciuse jurors prosuime that anyone who bog been brouht total is probably gutity.-and eliminating the unanimity requirement would only increase the opportunity for such mistakes Furthermore, ita jurors dissenting opinion can easily be dismissed, an importnt ard necessary part ofthe Leliberaticn process will be lost, for effective deliberation requites that -Fecalcitran juror, forcing the judge wo Jury be said to represent all ofits members, ad if even Cone juror has doubts that are dismissed ou of hand, society's confidence that a proper verdict has been reached would be undermined. 1. Which one of the following most accurately state the ‘lu point of the passage? @ mi ‘Because trials requiing juries are relatively rare the usefulness of the unanimity requirement docs ot need to be reexamined ‘The unanimity requirement should be maintained, because most hung juries are cused by fnresponsible jurors rather than by any flaws in the requicemert, ‘The problem of hung juries isnot a result of flaws in the justice syscem but ofthe less than Convincing evidence presented in some cases ‘The unanimity requirement should be maintained, butts only effective if jurors conseientiously io the jab they have been asked ton, Because its materia coss are outweighed by What it contributes tothe Faimess of jury tele, the unanimity requirement should net be rescinded, @ GO ON TO THE NEXT Pace, each jittor’s epinion be given then cam the verdict reached By the ‘Which one of the following most aceuratly deseribes the author's atitude toward the unanimity requirement? (A) cursory appre (B) —newtral interest (©) cautious endorsement (D) firm suppor (B)—unreasoned reverence Which one of the following principles ean most clearly be said to underlie the author's arguments inthe third parageaph? (A) Thesisk of unjast verdicts is serious enough 10 warrant strong measures (0 avoid i (8) Falnmess in jury trials is crucial and so judges musi be extremely thorough in order to ensure it (©) Careful adberence to the unanimity requirement ‘will eventually eliminate unjust verdicts. (D) Safeguards must be in place because not all citizens called to jury duty perform thei role responsibly. (©) The jury system isinherorely awed and therefore unfairness cannot be elindated but only reduced Which one ofthe following sentences could most logically be added to the end of the Tasi paragraph OF the passag (A) Tis not soapzising, then, thatthe arguments presented by the cities ofthe unanimity requirement grow out of 8 separate tradition {rom that embodied in the unanimity requirement. (8) Sirilaly if there isa public debate concerning ‘he unanimity requirement, public faith in the requirement wll be strengthened. (C) The opinien of each juror is as essential to the pursuit of justice as the universal yove is to the Functioning of a true democracy (D) Unfortunately, because some lawmakers have characterized hung juries ss intolerable, the integrity of the entire legal system hss been ‘undetmined, ) | Buteven without the unanimity requirement, fair tials and fair verdicts will ceur more Frequently asthe methods of presecutors and defense aitomeys become move scientific. “1 asa ee rc greets wanted tee wide cua ane (A) obstinate (B) suspicious (©) careful (©) conscientious ©) ive “The author explicitly claims that which one ofthe following would be a result of allowing a jorar's dissenting opinion to be dismissed? (A) Only verdicts in very close cases would be affected (B) The responsibility felt by jurors to berespeettul 1 ‘one another would be lessened, (C)_ Society's confidence in the fairness of the ‘rerdiets would be wndermined () ‘The problem of hung juries would not be solved but would surface less frequently (&) An important flaw thus would be removed from ‘he eriminal justice system. It ca be inferred from the passage thatthe author would ‘be trast likely to agree with which one ofthe following? (A) Hlng juries most offen sult from an errorin {judgment on ihe part of one june (B)_ Aside from the material cox's of hung juries, the criminal justice system hss few laws, (©) The fact that jucy tials are so rare renders any ‘laws inthe jury system insignifiean. {D) Hung jaties are accepiable snd usually indicate that the criminal justice system is functioning propery, (E) Hung juries most often occur when one juror’s ‘opinion does not eceive a fair hearing. GO ON TO THE NEXT PAGE. 1* 6) 10) (1s) 20) es) 25) (a0) (4s) 0) 35) (60) Spared by the discovery that a substance containing uranium emited radiation, Mave Cutie egan studying radioactivity in 1897, She first tested 01d and copper for radiation but found tone. She then {ested pitchbleade, a mineral that was known to contain uranium, and discovered tht it was move radioactive ‘haa uranium. Acting on the hypothesis tha: pitchbtende must contain st least ope other radioactive element, Curie was able to isolate a par of previously unknown elemens, polonium and rediua. Turning her auention co the rate of radioactive emission, she Aiscovered that uraniven emitted radiation ata consistent rate, even if heated or dissolved. Based on ‘hese esuits, Curie conchaded thatthe emission rate For & fiven clement was constant, Furthermore, because radiation sppeared to be spontaneous, with no ciscernible difference between tadiaing and oaradiating elements, she was unabie 1o postulate a ‘mechanism by whict to explain radiation. Its now known that radiation occurs when certain Jsoiopes (aioms of the same element that differ siighily im their atoms structure) Secay, and that emission rates a1 not constant but decrease very slowly with tine ‘Some erities have recently faulted Curie for not ‘caching ihese conclasions herself, but it would have been impossibie for Curie to do so given the evidence ‘vailable co her, While relatively ight elements such as geld and copper occasionally have unstable (i, 2asivsctive) isotopes, radicactive isotopes of moat of these elements are not available in natire because they have largely finished decaying and so have become stable. Conversely, heavier elements such 28 uranium, which decay into lighter elements in a proce:s that fakes billions of years, are resent in nature exclasively in udiosctive form Furthermore, we must recall that in Cure's time the nature ofthe atom itself was still being debated, Physicists believed thet mater could net be divided indefinitely but instead would eventually be reduved to its indivisible components, Chemists. on the other hhand, observing that chemical reactions took place as if males wes composed of aiomlike particles, used the «tom a8 2 Foundation for conceprualizing and Aleserbing such reactions—but they wete not ulimately concerned with the question of whether or 0¢ such indivisible atoms actualy existed AS 8 physicist Curie conjectured that caliaing Substances might lose mass inthe form of atoms, but this ideu is very different from the explanation eventually arrived a, It was noi unil the 1930s thot advances in quantum mechanics overthrew the eartier understanding ofthe stom and showed that radiation Occurs becavse the atoms theniselves lose massa hypothesis thai Curie, committed to the indivisible ‘0m, could not be expected to have conceived of Moreove:, not only is Curte’s inability o idemtfy the ‘mechanism by which radiation occurs understandable, itis aiso important to recognize that it was Curie's, investigation of mdiotion that paved the way for the later breaktnrouehs, §: Which one of the following most accurately states the central idea of the passage? (A) Tis unlikely that quantum mechanics would heve been developed without the theoretical sontributions of Marie Curie toward an Lnvderstanding of the nature of radioactivity (B) Although later shown jo be incomplets and pasially inaccurate, Marie Curie’s investigations Provided a significant step forwaad on the road ‘0 the eventual explanation of radicactivity, (©) Though the scientific achievements of Marke Curie were impressive in scope, her career is blemished by her failure to derermine the = _mechanism ef radioucivity. {D) The commitment of Marie Corie and other Physicists of her time tothe physicists’ model of he atom prevented them fiom conducting frvitfil invesigations into radioactivity (E) Although today’s thecries have shown it tobe inconclusive, Marie Curie's research into the sources and nature of radioactivity helped refute the chemists" inodel oF ihe atom, GO ON TO THE NEXT PAGE, ‘The passage suagests thatthe author would be most 2. likely to agree with which one ofthe following statements about the cancemporsry critics of Curie’s studies of radioactivity? (A) The crits fail to take into account the obstacles Curie faced in dealing with the scientific community of her time. ‘The erties do not appreciate that the eventual development of quantum mechanics depended ‘09 Care's conjecture that radiating substances can lose atoms. The cities ate unaware of the differing ‘conceptions of the atom held by physicists and. chemists. 13 ‘The critics fail to appreciate the importance of the hisiorieal content in which Curie’s scientific conclusions were reached. The criges de not comprehend the intricate reasoning that Curie used in discovering poloniurn and radium, @ © ) ‘The passage implies which one of the following with gard to the time at which Corie began studying radioactivity? (A) Pitenblente was not known by scientists 1 ‘contsin any radiosctve element besides (B) Radioactivity wat cuspocted by scientists tosarise from the overall sructure of pitchblende rather ‘han from particular elements init (©) Physicists and chemists had developed rival theories regarding the cause of radiation (D) Research was not being conducted in connection ‘vith the question of whether or mot mater is composed of atoms. (E) The majority of physicisss believed uranium to be the sole source of radioactivity, ‘he author's primary purpose in the passage isto (A) summarize Some aspects of one sciemtist's work and defend it against recent eriticism (A) deseribe a scientific dispute and argue for the correciness of an earlier theory (C) outline currently aecepted scientific theory and analyze dhe evidence chat led to iis acceptance (D) eaplain the mechanism: by which 2 tarural phesiomenon occuts end summarize the debate that gave rise to this explanation (B) discover he amecedents of a scientific theory and argue that the theory is not a genuine advance ‘over its forerunners 14. 1 ‘The primary function of the first paragraph of the passage is 10 (A) narrate the progress ef turn-cf-the-century studies of radioactivity (B) —_preseit a context for the conflict between physicists and chemists (C) provide the factual background for an evaluation ‘of Curie’s work (D) outline the structure of the author's central scgument (BE) deptty the eror in Curie's work that undesmives its usefulness Which one ofthe following most accurately expresses ‘the meaning of the word “mechanism” as used by the ‘author inthe list sentence ofthe first paragraph? (A) the physical process that underlies a phenomenon (B) the experimental apparatus in which 2 phenomenon arises (C) the procedure scientists use to bring about the cccurence af'a phenomenon (D) the isotopes of an element needed to produce a phenomenon (E) the scientific theory describing 2 phenomenon GO ON TO THE NEXT PAGE, 1 oe Published in 1952, invisible Man featured a protegonist whose activites enabled the novel's author, ‘Ralph Ellison, to explore and to blend themes specifically ced to the history and plight of African (5) Americans with themes, also explored by many European writers with whose works Ellison was familiar, about the fractured, evaneseeet quality of indivicual identity and character. For this thematic Hlend, Filison ceceived two related criticisms: that bis (10) allegiance wo the concerns of the individual prevented him from directing his art more toward the political sctioa that crities believed was demanded by his era's social and politcal state of affairs, and that his {indulging in European fictional modes lessened his (15) contribution ‘othe development of a distinctly African American novelist style Ellison found these erticisms vo voice @ common deamand, namely that writers should censer themselves ‘and sacrifice this individuality for supposedly more (20) important poittical and eulural purposes. He replied ‘hat it demeans a people and its antists to suggest that a Pertcular historical situation requires cultural Segrvgntion io the ats. Such a view characterizes all nists as incapable of secing the world—with al its (25) subileies and complications—in uaigue yet expressive \ways_and if makes the narrow assumption that audionees are capable of viewing the world only from their on perspectives, Models for understanding Jnvisible Man that may (30) be of more help than those employed by its erties ean be found in Elison’s own love fut and celebration of ‘jz. Jaze hes never closed itself off from other musical forms, and some jazz musicians have been able to take the Eurapean-inFluenced songs of U.S. theater and (35) vansform chem inio musical pieces that are unique and personal but also expressive of African American ‘culture. In like snanaer, Ellison avoided the mere recapitulation of existing literary formsas well as the constraint of artistic Isolation by using his work to (40) explore and express the issues of identity and cherecter that had so interested European writers Further, javz, featuring solos that, however daring, ‘remain rooted inthe band’s rhythm section, provides a rich model for understanding the relationship of artist (45) to community and parallels the ways the protagonist's ‘voice in Invisible Mam is sot within « wider communal ‘context. Ellison's explorations in the novel, often inthe ‘manner of loving caricature, of the ideas left him by both European and Aftican American predecessors are (30) a form of iomage t them and thas emelierate the sense of alisnation he expresses through the Drotngonist. And even though Invisible Man's Protagonist lives alone in a basement, Ellison proves ‘hat an individual whose nigue voice isthe result of ($5) the wansimutacion of a cultural inheritance can never be completely cut off from the commanity.. 14. Tecan be inferred from the passage thatthe author most

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