LSAT考试全真试题五SECTION4(2)

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 injustice¹ 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 determined² by certain 　　ideological³ 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 ongoing⁴ 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 persuasive⁵ 　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 formulated⁶ in general terms; 　these terms he calls "open textured⁸" which means that they contain a "core" 　of settled meaning and a

(15) "penumbra⁹" or "periphery¹⁰" where their meaning is not determinate. For 　example, suppose an ordinance¹¹ 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 peripheral¹² 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 thereby¹³ exercise judicial¹⁴ discretion¹⁵ 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 solely¹⁶ of explicit¹⁷ 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 illustrate¹⁸ 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 texture⁷ 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 ethics¹⁹ 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 doctrines²⁰ that underlie²¹ and guide the use of accepted legal rules
(D) legal rules that have not yet passed through the entire legislative²² 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 applied²³ 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 valid²⁴ parts of 　　the law.
(C) Hart s "model of rules" has been superseded²⁵ 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