PrepTest 149
[lcid:3693] Prep Test 149 LSAT — Reading Comp — S2
Reading comp
Passage
Questions 13-20 . . Passage A . Comedians are not amused when their jokes are . stolen, and for that
Remaining source text redacted.
Passage walkthrough
Passage SummaryTopic: Legal Studies
Passage A
Paragraph 1
Paragraph 1
Passage A - Copyright law doesn't protect jokes, but social norms provide similar protections and allow comedians to create and protect their work.
Passage B - Social norms provide chefs with protections similar to patents, contracts, and copyright.
Key Lines:
Passage A:
Lines 13-15 - Sum up problem faced by comedians
Lines 20-23 - Question/paradox presented
Lines 24-26 - The answer/resolution to the paradox is stated
Passage B:
Lines 40-44 - Sum up problem faced by chefs
Lines 46-49 - Solution to this problem is presented, along with structure for rest of passage
Paragraph 2 - A very dense paragraph that goes into the solutions developed for the chefs' problem
Meta-Structure - Relationship Between Passages:
This is an interesting set of Comparative Passages that falls into a repeated but less frequent pattern—they discuss analogous situations. Here, the legal situation for comedians is analogous to that of chefs, in that both lack many formal legal protections. And in both cases, social norms are noted as providing the protections that the law fails to provide.
Each passage presents a bit of a Problem/Solution structure, in that they highlight a lack of legal protections and how the industry has adapted to provide protections. And the first passage presents a Paradox/Question—why do comedians keep making jokes if they're not protected?
Last Thoughts:
This should be an interesting set of questions since the similarities between the passages largely come down to analogies and legal terms!
Passage A
Paragraph 1
- Paragraph note
- A problem facing stand-up comedians is discussed, along with the legal implications
- Views, minor Meta-Structures, points of intersection, and the author's attitude
- Problem - Joke stealing is rampant in the stand-up comedy world
- Legal aspect - Copyright law is most relevant, but not used for two reasons
- Expensive
- Hurdles make a successful lawsuit uncertain
- Copyright law doesn't provide practical protections
- Paragraph note
- A paradox is introduced
- Views, minor Meta-Structures, points of intersection, and the author's attitude
- Traditional view - If something isn't legally protected, it won't be created
- Reality - Comedians keep making up new jokes without legal protections
- Paragraph note
- The paradox/question is resolved
- Views, minor Meta-Structures, points of intersection, and the author's attitude
- Social norms offer protections that the law doesn't
- The norms have punishments - people won't work with/hire a joke stealer
Paragraph 1
- Paragraph note
- A problem facing chefs is introduced
- Views, minor Meta-Structures, points of intersection, and the author's attitude
- Problem - Recipes aren't protected by patents or copyrights, and while they're protected by trade secret laws, that's rarely done
- Solution - social norms
- Paragraph note
- A description of the social norms at play, and their legal analogues
- Views, minor Meta-Structures, points of intersection, and the author's attitude
- Patents - Chefs don't use the recipe of another chef, even if it's publicly available
- Contract - Chefs don't pass on secret information that a creator reveals to them
- Copyright - Credit the chefs who created a recipe
Passage A - Copyright law doesn't protect jokes, but social norms provide similar protections and allow comedians to create and protect their work.
Passage B - Social norms provide chefs with protections similar to patents, contracts, and copyright.
Key Lines:
Passage A:
Lines 13-15 - Sum up problem faced by comedians
Lines 20-23 - Question/paradox presented
Lines 24-26 - The answer/resolution to the paradox is stated
Passage B:
Lines 40-44 - Sum up problem faced by chefs
Lines 46-49 - Solution to this problem is presented, along with structure for rest of passage
Paragraph 2 - A very dense paragraph that goes into the solutions developed for the chefs' problem
Meta-Structure - Relationship Between Passages:
This is an interesting set of Comparative Passages that falls into a repeated but less frequent pattern—they discuss analogous situations. Here, the legal situation for comedians is analogous to that of chefs, in that both lack many formal legal protections. And in both cases, social norms are noted as providing the protections that the law fails to provide.
Each passage presents a bit of a Problem/Solution structure, in that they highlight a lack of legal protections and how the industry has adapted to provide protections. And the first passage presents a Paradox/Question—why do comedians keep making jokes if they're not protected?
Last Thoughts:
This should be an interesting set of questions since the similarities between the passages largely come down to analogies and legal terms!
Question prompt
Both passages are primarily
Remaining source text redacted.
Why the credited answer is right
Credited answer: E
The notes below walk through why it fits the stem and how to eliminate the rest.
Question Type
Legal
Answer choices
-
Athe legal protections available Remaining source text redacted.
Why choice A is not credited
Incorrect. (Lines 13-15; Lines 40-43) In both passages, legal protections are noted as not being effective in these specific fields, and social norms are needed to take their place. The passages don't explore the legal protections available to creators of intellectual property—they show how they don't apply in some cases! -
Bthe connection between the Remaining source text redacted.
Why choice B is not credited
Incorrect. (Lines 16-20) Passage A talks about incentives to create as a part of the paradox it introduces, but Passage B doesn't raise that topic. -
Cthe extent to which Remaining source text redacted.
Why choice C is not credited
Incorrect. ""[P]ublicly available""? Neither passage discussed the importance of that and, in fact, argued for protections of some form. -
Dthe practical considerations that Remaining source text redacted.
Why choice D is not credited
Incorrect. (Lines 8-13; Lines 44-46) Passage A discusses why comedians rarely use copyright law to protect their jokes. Passage B notes that chefs rarely use trade secret laws to protect their works. However, Passage B doesn't discuss the practical considerations behind the failure to use those laws, so this answer is incorrect. -
Ethe ways in which Remaining source text redacted.
Why choice E matches the stem
Correct. Question Type:
Main Point
Strategy Overview:
Reiterate the main point and frame it in a way that reflects both passages
Answer Anticipation/Relevant Lines:
This Comparative set is interesting in that the two passages apply to different situations—comedians; chefs—but largely deal with the same subject. In both cases, they're interested in how creative material can be protected when there aren't any practical legal protections.
And in both cases, the answer is the same—social norms offer these protections.
As such, we should look for an answer highlighting that overlap—both passages are primarily concerned with how social norms can offer protections for intellectual property when the law falls short in doing so.
Answer Explanation:
(Lines 24-26; Lines 46-47) In both passages, the Author notes that social norms have taken the place of intellectual property laws in these fields, so this is the correct answer.
Key Takeaway:
Main Point questions in Comparative passages that ask about the main point of both passages will highlight the overlap in them. Expect this question when the passages are largely aligned in their topic and view.
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