PrepTest 145
[lcid:3676] Prep Test 145 LSAT — Reading Comp — S1
Reading comp
Passage
. The following passage is adapted from an . article published in 1993. . . How severe should the punishment
Remaining source text redacted.
Passage walkthrough
Passage SummaryTopic:
Paragraph 1
Penalties for corporate crimes that reconcile cost and benefit while taking detection ratios into account would be too high, so some other factor (possibly moral weight) needs to be considered to make these penalties both practical and just.
Key Lines:
Lines 1-4 - The central question is presented
Lines 4-6 - One answer is presented
Lines 20-21 - The Author states her opinion on the answer presented by the Economists
Lines 21-24 - The Author brings up the problem with the Economists' answer
Lines 43-47 - The Author argues that fixing the problem in one way would result in unacceptable outcomes
Lines 47 - The Author presents her solution to this problem and answer to the overall question
Meta-Structure:
Question/Answer - The Author kicks the passage off with a question (Lines 1-4) about how to assess punishment/finds for corporate crimes. She presents one answer (from some Economists, Lines 4-8). However, she then points out a problem with that solution (Lines 20-25), and an implication of that problem that makes a certain solution impractical (Lines 43-47). She then ends with her own way to address the problem/initial question, but it's less than certain (Lines 47-51; she suggests "some other criterion" be added to the equation).
Problem/Solution - The Author presents a problem with focusing on making companies pay more than their crime earned in raising detection ratios (Lines 21-25). She mentions a potential solution—taking the detection ratios into account—but highlights a problem with that solution, as well (Lines 43-47).
Example - The Author uses an extended example of a crime that makes a corporation $6m in profit from selling an unsafe product (Lines 8-10). From this, she talks about a punishment exceeding this amount (Line 10), and what the punishment would need to be taking a certain detection ratio into account (Line 29; Lines 36-39).
Last Thoughts:
Paragraph 2 is weird in that it seems to be a weird side point. However, the question of morality comes back around at the end of the passage when the Author suggests it as a possible additional criterion in assessing corporate fines. She doesn't say that it should be the criterion, but she suggests it as one possible criterion to make these punishments just and practical.
Paragraph 1
- Paragraph note
- A question is asked; an answer is presented
- Views, minor Meta-Structures, and the author's attitude
- Question - How severe should punishment for corporate crimes be?
- Economists - The penalty should exceed the benefit
- E.g. - Sell an unsafe product and make $6m, punishment should be more, like $7m
- Paragraph note
- An implication of the Economists is pointed out
- Views, minor Meta-Structures, and the author's attitude
- Assumption - The law should focus on earning, not morality, and shouldn't be higher just because community finds the crime abhorrent
- Paragraph note
- The Author criticizes the approach of the Economist
- Views, minor Meta-Structures, and the author's attitude
- Author - Economist argument is "impractical/impossible"
- Detection rates have to be factored in—if there's a 10% chance of being detected, need to have a penalty much higher to account for it, or it's more profitable to keep committing crime
- Paragraph note
- An implication of the flaw pointed out by the Author is presented; the Author advocates for a general solution
- Views, minor Meta-Structures, and the author's attitude
- Background - Detection rates are ~10%
- Implication - Fines have to be so high as to put companies out of business and result in unemployment
- Need another factor, maybe moral weight, to make penalties both practical and just
Penalties for corporate crimes that reconcile cost and benefit while taking detection ratios into account would be too high, so some other factor (possibly moral weight) needs to be considered to make these penalties both practical and just.
Key Lines:
Lines 1-4 - The central question is presented
Lines 4-6 - One answer is presented
Lines 20-21 - The Author states her opinion on the answer presented by the Economists
Lines 21-24 - The Author brings up the problem with the Economists' answer
Lines 43-47 - The Author argues that fixing the problem in one way would result in unacceptable outcomes
Lines 47 - The Author presents her solution to this problem and answer to the overall question
Meta-Structure:
Question/Answer - The Author kicks the passage off with a question (Lines 1-4) about how to assess punishment/finds for corporate crimes. She presents one answer (from some Economists, Lines 4-8). However, she then points out a problem with that solution (Lines 20-25), and an implication of that problem that makes a certain solution impractical (Lines 43-47). She then ends with her own way to address the problem/initial question, but it's less than certain (Lines 47-51; she suggests "some other criterion" be added to the equation).
Problem/Solution - The Author presents a problem with focusing on making companies pay more than their crime earned in raising detection ratios (Lines 21-25). She mentions a potential solution—taking the detection ratios into account—but highlights a problem with that solution, as well (Lines 43-47).
Example - The Author uses an extended example of a crime that makes a corporation $6m in profit from selling an unsafe product (Lines 8-10). From this, she talks about a punishment exceeding this amount (Line 10), and what the punishment would need to be taking a certain detection ratio into account (Line 29; Lines 36-39).
Last Thoughts:
Paragraph 2 is weird in that it seems to be a weird side point. However, the question of morality comes back around at the end of the passage when the Author suggests it as a possible additional criterion in assessing corporate fines. She doesn't say that it should be the criterion, but she suggests it as one possible criterion to make these punishments just and practical.
Question prompt
The primary purpose of
Remaining source text redacted.
Why the credited answer is right
Credited answer: D
The notes below walk through why it fits the stem and how to eliminate the rest.
Question Type
Legal
Answer choices
-
Acriticize courts for their Remaining source text redacted.
Why choice A is not credited
Incorrect. (Line 25; Line 41) The Author mentions courts when discussing how certain solutions would play out, but she doesn't criticize them for being lenient on corporate crime. It's certainly not the primary reason she wrote this, since she focuses mostly on the view of the Economists. -
Bdescribe some of the Remaining source text redacted.
Why choice B is not credited
Incorrect. (Lines 28-33) While the passage does imply that they do so to make money, that's not the primary concern. The passage asks what punishment/fine is appropriate. -
Ccondemn corporations for failing Remaining source text redacted.
Why choice C is not credited
Incorrect. (Lines 49-50) While the Author does put forward the moral weight of crimes as a potential criterion in determining punishment, the passage is focused on rebutting the argument of Economists on how to punish these crimes, not on admonishing the corporations. -
Dargue against some economists' Remaining source text redacted.
Why choice D matches the stem
Correct. Question Type:
Main Point
Strategy Overview:
Reiterate the main point and abstract from it to get why the Author wrote the passage
Answer Anticipation/Relevant Lines:
We just worked through the Main Point question, and these primary purpose questions reflect the Main Point. If you didn't review that question, we'd recommend you do so now to see how we got the main point, but we said it was:
Penalties for corporate crimes that reconcile cost and benefit while taking detection ratios into account would be too high, so some other factor (possibly moral weight) needs to be considered to make these penalties both practical and just.
In general, when dealing with a Question/Answer or Problem/Solution passage, the Author's answer/solution will be the main point of the argument. However, here, that answer/solution is both not given a lot of discussion and isn't very specific—"some other criterion" should be used.
Since the Author spends the majority of the passage criticizing the answer of the Economists, and even her answer/solution is essentially, "Do something other than what the Economists say," we should be open to answers here that focus on her criticizing an opposing view rather than presenting a solution of her own. This is especially true since she doesn't present positive evidence for her answer—just negative evidence for the Economists'.
Answer Explanation:
(Lines 20-21; Lines 40-43; Lines 47-51) The Author spends most of the passage criticizing the Economists' answer to how to penalize corporations for crime, in looking at the need to include detection rate but the impractical nature of doing so. At the end of the passage, her conclusion is that we need to consider "some other criterion" that the Economists don't think should be included, which is just another way of saying that they're wrong. As such, the Author's primary purpose in writing this passage was to criticize the Economists' view on how to calculate corporate punishment/fines, so this is the correct answer.
Key Takeaway:
This question actually has quite a bit of subtlety to it to reflect a subtle point in the passage. Specifically, note the difference between answers (D) and (E) here. (D) describes a passage focused on rebutting someone else's argument, while (E) describes a passage focused on presenting a positive argument in favor of a proposal. That reflects the subtlety to the Author's conclusion, where she doesn't advocate a specific position but rather calls for "some other criterion" than what the Economists are focused on. There's a subtle difference between "We should do X" and "We should do anything other than Y," but it's an important one. -
Eurge the implementation of Remaining source text redacted.
Why choice E is not credited
Incorrect. (Lines 47-48) "[S]ome other criterion" can't be considered a specific proposal, as this answer states. While the Author does present one such criterion, it's as an example ("such as") of the type of criterion she's talking about, not the specific one she's advocating for, so this answer misses the mark.
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