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1、LSAT*PrepTest 44October 2004Test ID: LL3044A complete version of PrepTest 44 has been reproduced with the permission of Law School Admission Council, Inc.PrepTest 44 2004 Law School Admission Council, Inc.All actual LSAT questions printed within this work are used with the permission of Law School A
2、dmission Council, Inc., Box 2000, Newton, PA 18940, the copyright owner. LSAC does not review or endorse specific test preparation or services, and inclusion of licensed LSATquestions within this work does not imply the review or endorsement of LSAC. 2005 Kaplan, Inc.All right reserved. No part of t
3、his book may be reproduced in any form, by photostat, microfilm, xerography, or any other means, or incorporated into any information retrieval system, electronic ormechanical, without the written permission of Kaplan, Inc.Reading ComprehensionSECTION ILogical ReasoningSECTION IIAnalytical Reasoning
4、SECTION IIILogical ReasoningSECTION IV111-2-SECTION ITime35 minutes 27 QuestionsDirections: 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 conceiva
5、bly answer the question. However, you are tochoose the bestanswer; that is, theresponse that most accurately andcompletely answers the question, andblacken the corresponding space on your answer sheet.The Canadian Auto Workers (CAW) Legal Services Plan, designed to give active and retired autoworker
6、s and their families access to totally prepaid or partially reimbursed legal services, has(5) beeninoperationsincelate1985.Planmembershave theoptionofusingeithertheplansstafflawyers, whose services are fully covered by the cost of membership in the plan, or an outside lawyer. Outside lawyers,in turn
7、, caneither signup with the planasarates. And since lowered fees provide little incentive forlawyers to devotemorethanminimaleffortto cases, a“volumediscount”approachtoward the(55) practice of law will mean less time devoted to complex cases and a general lowering of quality for clients.1.Which one
8、of the following most accurately expresses the main point of the passage?“cooperating lawyer” and accept the CAWs fee scheduleaspaymentinfull,ortheycanchargea higherfeeandcollectthebalancefromtheclient. Autoworkers appear to have embraced the notion of prepaidlegalservices:45 percentof eligibleunion
9、 memberswereenrolledin theplan by 1988.Moreover, the idea of prepaid legal services has been spreading in Canada. A department store is even offering a plan to holders of its credit card.Whilemanyplanmembersseemtobehappyto get reduced-cost legal help, many lawyers are concerned about the plans effec
10、t on their profession, especiallyitsimpactonpricesforlegalservices. Somepointoutthateventhoughmostlawyershave not joined the plan as cooperating lawyers, legal fees in the cities in which the CAW plan operates have been depressed, in some cases to an unprofitable level.The directors of the plan,howe
11、ver,claimthat both clients and lawyers benefit from their arrangement. For while the clients get ready access to reduced-price services, lawyers get professional contact with people who would not otherwise be using legal services, which helps generate even more business for their firms. Experience s
12、hows, the directorssay,thatifpeoplearereferredtoa firm and receive excellent service, the firm will get three to fourotherreferralswhoarenotplansubscribersand whowouldthereforepay the firmsstandardrate.But it is unlikely that increased use of such plans willresultinlong-termclientsatisfactionor ina
13、substantial increase in profits for law firms. Since lawyers with established reputations and client bases canbenefitlittle,if at all,fromparticipation,the plans function largely as marketing devices for lawyers who have yet to establish themselves. While manyoftheselawyersarenodoubtveryableand cons
14、cientious, they will tend to have less expertise andtoprovidelesssatisfactiontoclients.Atthesame time,thedownwardpressureon feeswill meanthat the full-feereferralsthatproponentssay will come throughplanparticipationmaynotmakeupfora firmsinvestmentinprovidingservices at lowplan(10)(A)In the short ter
15、m, prepaid legal plans such as the CAW Legal Services Plan appear to be beneficialto both lawyers and clients, butin the long run lawyers will profit at the expense of clients.The CAW Legal Services Plan and other similar plansrepresent acontroversial, but probably effective, way of bringing down th
16、e cost of legal services to clients and increasing lawyers clientele.Theuse of prepaid legalplanssuchasthatof the CAWshould be rejected in favor ofa more equitable means of making legal services more generally affordable.Inspite of widespread consumer support for legal planssuch as that offered by t
17、he CAW, lawyers generally criticize such plans, mainly because of their potential financial impact on the legal profession.Althoughtheyhave so far attracted many subscribers,itisdoubtfulwhether the CAW Legal Services Plan and other similar prepaid plans willbenefit lawyersand clientsinthe long run.(
18、15)(B)(20)(C)(D)(25)(E)(30)(35)2.Theprimary purpose of the passage is to(A)(B)(C)(D)compareandcontrast legalplans withthe traditional way of paying for legal services explain the growing popularity of legal plans tracetheeffectof legalplansonprices of legal servicescaution that increased use of lega
19、l plansis potentially harmful to the legal profession and to clientsadvocate reforms to legal plans as presently constituted(40)(E)(45)GO ON TO THE NEXT PAGE.(50)11-3- 13.Which one of the following does the authorpredict will be a consequence of increased use of legal plans?6.According to the passag
20、e, which one of the following is true of CAWLegal Services Plan members?(A)(B)(C)(D)(E)resultsthatarelargelyatoddswiththose predicted by lawyers who criticize the plansa lowering of the rates such plans charge their membersforced participation of lawyers who can benefit little from association with
21、the plansan eventual increase in profits for lawyers from client usage of theplansa reduction in the time lawyers devote to complex cases(A)(B)They can enjoy benefits beyond the use of the services of the plans staff lawyers.Sofar,they generally believe the quality of services they receive from the
22、plansstaff lawyers is as high as that provided by other lawyers.Most of them consult lawyers only for relatively simple and routine matters. They must pay a fee above the cost of membership for theservicesof anoutside lawyer.They do not include only active and retired autoworkers and their families.
23、(C)(D)4.Which one of the followingsequences most accurately and completely corresponds to the presentation of the material in the passage?(E)7.Which one of the following most accurately represents the primary function of the authors mention of marketing devices (line 43)?(A)adescription of arecently
24、implementedsetof proceduresand policies;asummaryof the results of that implementation; aproposal of refinements in those policies and procedures an evaluation of a recent phenomenon; a comparison of that phenomenon with related past phenomena; an expression of the authors approval of that phenomenon
25、a presentation of a proposal; a discussion of the prospects for implementing that proposal; a recommendation by the author that the proposal be rejecteda description of an innovation; a report of reasoning against and reasoning favoring that innovation; argumentation by the author concerning that in
26、novationan explanation of a recent occurrence; an evaluation of the practical value of that occurrence; a presentation of further data regarding that occurrence(A)Itpointsto an aspect of legalplans that the authorbelieveswillbedetrimental tothe quality of legal services.It is identified by the autho
27、r as one of the primary ways in which plan administrators believe themselves to be contributing materially to the legal profession in return for lawyers participation.It identifies what the author considers to be one of the few unequivocal benefits that legal plans can provide.Itisreported as part o
28、f several arguments that theauthorattributes to established lawyers who oppose plan participation.Itdescribesoneof thechiefburdensoflawyers who have yet to establish themselves and offers an explanation of their advocacy of legal plans.(B)(B)(C)(C)(D)(D)(E)(E)5.The passage most strongly suggests tha
29、t, according to proponents of prepaid legal plans, cooperating lawyers benefit from takingclients at lower fees in which one of the following ways?GO ON TO THE NEXT PAGE.(A)Lawyers can expect togain expertise inawide variety of legal services by availing themselves of the access to diverse clientele
30、 thatplan participation affords.Experienced cooperating lawyers are likely to enjoy the higher profits of long-term, complex cases, for which new lawyers are not suited.Lower rates of profit will be offset by a higher volume of clients and new business through word-of-mouth recommendations.Lower fee
31、s tend to attract clients away from established, nonparticipating law firms.With all legal fees moving downward to match the plans schedules, the profession will(B)(C)(D)(E)111-4-In the field of historiographythe writing of historybasedon acriticalexamination of authentic primary information sources
32、one area that has recentlyattractedattentionfocuseson theresponses(5) ofexplorersandsettlerstonewlandscapesinorderto provide insights into the transformations the landscape itself has undergone as a result of settlement. In this endeavor historiographers examining the history of the Pacific Coast of
33、 the8.Which one of the following most accurately states the main point of the passage?(A)Thehistoryof settlementalongthePacificCoast of the U.S., as understood by most historiographers, is confirmed by evidence reconstructedfromtheactionsof Asiansettlers. Asiansettlerson thePacificCoastof theU.S.lef
34、t a record of their experiences that traditional historiographersbelievedtobe irrelevant.To understand Asian settlers impact on the history of the Pacific Coast of the U.S., historiographers have had to recognize the value of nontraditional kinds of historiographic evidence.Spurred by new findings r
35、egarding Asian settlement on the Pacific Coast of the U.S., historiographers have begun to debate the methodological foundations of historiography. By examining only written information, historiographyas it is traditionallypracticed hasproduced inaccuratehistorical accounts.(B)United States have tra
36、ditionally depended on the recordsleft by EuropeanAmericanexplorers of the nineteenthcenturywho,ascommissionedagentsof the U.S. government, were instructed to report thoroughly their findings in writing.But in furthering this investigation some historiographers have recently recognized the need to e
37、xpandtheirdefinitionofwhatasourceis.They maintain that the sources traditionally accepted as documentingthehistoryof thePacificCoasthavetoo often omitted the response of Asian settlers to this territory.Inpartthisisduetothedearthofwritten records left by Asian settlers; in contrast to the commission
38、edagents,most of the peoplewhofirst came to western North America from Asia duringthis same period did not focus on developing a self- conscious written record of their involvement with thelandscape.Butbecausea fullstudyof acultures historical relationship to its land cannot confine itself to a narr
39、ow record of experience, these historiographers have begun to recognize the value of otherkinds of evidence,suchas theactions of Asian settlers.Asa caseinpoint,theroleof Chinesesettlersin expandingagriculturethroughoutthePacificCoast territoryisintegral to thehistoryoftheregion.Without access to the
40、 better land, Chinese settlers looked for agricultural potential in this generally arid regionwhereothersettlersdidnot.Forexample, where settlers of European descent looked at willows and saw only useless, untillable swamp, Chinese settlerssawfreshwater,fertilesoil,andthepotential forbringingwater t
41、o morearidareas via irrigation. Where other settlers who looked at certain weeds, suchaswildmustard,generallysawanuisance, Chinese settlers saw abundant raw material for valuablespicesfromaplantnaturallysuited to the local soil andclimate.Given their role in the labor force shaping this territory in
42、 the nineteenth century, the Chinese settlers offeredmorethanjustanew view of the land.Their visionwasreinforcedbyspecializedskillsinvolving swamp reclamation and irrigation systems, which helpedlaythefoundationfor the nowwell-known and prosperous agribusiness of the region. That 80percentof thearea
43、scroplandisnowirrigatedand thatthe regioniscurrentlythetopproducerof many specialty crops cannot be fully understood by historiographers without attention to the input of Chinese settlers as reconstructed from their interactions with that landscape.(10)(C)(15)(D)(E)(20)9.Which one of the following m
44、ost accurately describes theauthorsprimarypurposeindiscussing Chinese settlers in the thirdparagraph?(25)(A)to suggest that Chinese settlers followed typical settlement patterns in this region during the nineteenth centuryto argue that little written evidence of Chinesesettlers practices survivesto
45、provide examples illustrating the unique view Asian settlers had of the landto demonstrate that the history of settlement in the region has become a point of contention among historiographersto claimthat the historicalrecordprovidedby the actions of Asian settlers is inconsistent with historyasderiv
46、edfromtraditionalsources(B)(C)(D)(30)(35)(E)(40)10.The passage states that the primary traditional historiographic sources of information about the history of the PacificCoastof the U.S.havewhich one of the following characteristics?(45)(A)(B)(C)(D)(E)They were written both before and after Asian se
47、ttlers arrived in thearea.They include accounts by Native Americans in the area.They are primarily concerned with potential agricultural uses of the land.They focus primarily on the presence of water sources in the region.They are accounts left by European American explorers.(50)(55)GO ON TO THE NEX
48、T PAGE.(60)11-5- 111.The author would most likely disagree with which one of the following statements?13.Which one of the following can most reasonably be inferred from the passage?(A)Examining the actions not only of Asian settlersbutof other culturalgroupsof the Pacific Coast of the U.S. is necess
49、ary toa full understanding of the impact of settlementon the landscape there.The significance of certain actions to the writing of history may be recognized byone group of historiographers but not another. Recognizing the actions of Asian settlers adds tobutdoesnotcompletethewritingofthe history of
50、the Pacific Coast of the U.S.By recognizing as evidence the actions of people, historiographers expand the definition of what a source is.The expanded definition of a source will probably not be relevant to studies of regions thathave nosignificantimmigration of non- Europeans.(A)Most Chinese settle
51、rs came to the Pacific Coast of the U.S.because the climate was similar to that with which they were familiar.Chinese agricultural methods in the nineteenth century included knowledge of swamp reclamation.Settlers of European descent used wild mustard seed as a spice.Because of theabundance of writt
52、ensources available, it is not worthwhile to examine the actions of European settlers.What written records were left by Asian settlers were neglected and consequently lost to scholarly research.(B)(B)(C)(D)(C)(D)(E)(E)14.Which one of the following, if true, would most help tostrengthen the authors m
53、ain claim in the last sentence of the passage?(A)Market research of agribusinesses owned by descendants of Chinese settlers shows that the marketfortheregionsspecialtycropshas grown substantially faster than the market for any other crops in the last decade.Nineteenth-century surveying records indic
54、ate that the lands now cultivated by specialty crop businesses owned by descendants of Chinese settlers were formerly swamp lands. Research by university agricultural science departments proves thattheformerly arid lands now cultivated by large agribusinesses contain extremely fertile soil when they
55、 are sufficiently irrigated.A technological history tracing the development of irrigation systems in the region reveals that their efficiency has increased steadily since the nineteenth century.Weather records compiled over the previous century demonstrate that the weather patterns in the region are
56、 well-suited to growing certain specialty crops as long as they are irrigated.12.According tothepassage,each of thefollowingwas an aspect of Chinese settlers initial interactions with the landscape of the Pacific Coast of the U.S. EXCEPT:(A)(B)(C)(D)(E)new ideas for utilizing local plants a new view
57、 of the land specialized agricultural skills knowledgeof agribusinesspractices knowledge of irrigation systems(B)(C)(D)(E)GO ON TO THE NEXT PAGE.111-6-The survival of nerve cells, as well as their performance of some specialized functions, is regulated by chemicals known as neurotrophic factors, whi
58、ch are produced in the bodies of animals,(5) including humans. Rita Levi-Montalcinis discovery in the 1950s of the first of these agents, a hormonelikesubstancenowknownas Nasa crucialdevelopmentin thehistoryof biochemistry, which led to Levi-Montalcini sharing the Nobel Prize15.Which one of the following most accurately expresses the main point of the passage?(A)Levi-Montalcinis discovery of neuro
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