Practice Reading Passage with Descriptions of Six
Major Types of Questions
There are two major systems of criminal
procedure in the modern world--the adversarial and the inquisitorial. The
former is associated with common law tradition and the latter with civil law
tradition. Both systems were historically preceded by the system of private
vengeance in which the victim of a crime fashioned his own remedy and
administered it privately, either personally or through an agent. The vengeance
system was a system of self-help, the essence of which was captured in the
slogan "an eye for an eye, a tooth for a tooth." The modern
adversarial system is only one historical step removed from the private
vengeance system and still retains some of its characteristic features. Thus,
for example, even though the right to institute criminal action has now been
extended to all members of society and even though the police department has
taken over the pretrial investigative functions on behalf of the prosecution,
the adversarial system still leaves the defendant to conduct his own pretrial
investigation. The trial is still viewed as a duel between two adversaries,
refereed by a judge who, at the beginning of the trial has no knowledge of the
investigative background of the case. In the final analysis the adversarial system
of criminal procedure symbolizes and regularizes the punitive combat.
By contrast, the inquisitorial system
begins historically where the adversarial system stopped its development. It is
two historical steps removed from the system of private vengeance. Therefore,
from the standpoint of legal anthropology, it is historically superior to the
adversarial system. Under the inquisitorial system the public investigator has
the duty to investigate not just on behalf of the prosecutor but also on behalf
of the defendant. Additionally, the public prosecutor has the duty to present
to the court not only evidence that may lead to the conviction of the defendant
but also evidence that may lead to his exoneration. This system mandates that
both parties permit full pretrial discovery of the evidence in their
possession. Finally, in an effort to make the trial less like a duel between
two adversaries, the inquisitorial system mandates that the judge take an
active part in the conduct of the trial, with a role that is both directive and
protective.
Fact-finding is at the heart of the
inquisitorial system. This system operates on the philosophical premise that in
a criminal case the crucial factor is not the legal rule but the facts of the
case and that the goal of the entire procedure is to experimentally recreate
for the court the commission of the alleged crime.
MAIN IDEA QUESTIONS
The main idea is usually stated in the
last--occasionally the first--sentence of the first paragraph. If it's not
there, it will probably be the last sentence of the entire passage.
Because main idea questions are relatively
easy, the LSAT writers try to obscure the correct answer by surrounding it with
close answer-choices ("detractors") that either overstate or
understate the author's main point. Answer-choices that stress specifics tend
to understate the main idea; choices that go beyond the scope of the passage
tend to overstate the main idea.
The answer to a main idea question will
summarize the author's argument, yet be neither too specific nor too broad.
Example: (Refer to the first passage.)
The primary purpose of the passage is to
(A) explain why the inquisitorial system
is the best system of criminal justice
(B) explain how the adversarial and the inquisitorial systems of criminal
justice both evolved from the system of private vengeance
(C) show how the adversarial and inquisitorial systems of criminal justice can
both complement and hinder each other's development
(D) show how the adversarial and inquisitorial systems of criminal justice are
being combined into a new and better system
(E) analyze two systems of criminal justice and deduce which one is better
The answer to a main idea question will
summarize the passage without going beyond it. (A) violates
these criteria by overstating the scope of the passage. The comparison in the
passage is between two specific systems, not between all systems. (A) would be a good answer if "best" were replaced
with "better." Beware of extreme words. (B) violates
the criteria by understating the scope of the passage. Although the evolution
of both the adversarial and the inquisitorial systems is discussed in the
passage, it is done to show why one is superior to the other. As to (C) and
(D), both can be quickly dismissed since neither is mentioned in the passage.
Finally, the passage does two things: it presents two systems of criminal
justice and shows why one is better than the other. (E) aptly
summarizes this, so it is the best answer.
Description Questions
Description questions, as with main idea
questions, refer to a point made by the author. However, description questions
refer to a minor point or to incidental information, not to the author's main
point.
The answer to a description question must
refer directly to a statement in the passage, not to something implied by it.
However, the correct answer will paraphrase a statement in the passage, not
give an exact quote. In fact, exact quotes ("Same language" traps)
are often used to bait wrong answers.
Caution: When answering a description
question, you must find the point in the passage from which the question is
drawn. Don't rely on memory--too many obfuscating tactics are used with these
questions.
Not only must the correct answer refer
directly to a statement in the passage, it must refer to the relevant
statement. The correct answer will be surrounded by wrong choices which refer
directly to the passage but don't address the question. These choices can be
tempting because they tend to be quite close to the actual answer.
Once you spot the sentence to which the
question refers, you still must read a few sentences before and after it, to
put the question in context. If a question refers to line 20, the information
needed to answer it can occur anywhere from line 15 to 25. Even if you have
spotted the answer in line 20, you should still read a couple more lines to
make certain you have the proper perspective.
Example: (Refer to the first passage.)
According to the passage, the
inquisitorial system differs from the adversarial system in that
(A) it does not make the defendant solely
responsible for gathering evidence for his case
(B) it does not require the police department to work on behalf of the
prosecution
(C) it does not allow the victim the satisfaction of private vengeance
(D) it requires the prosecution to drop a weak case
(E) a defendant who is innocent would prefer to be tried under the
inquisitorial system
This is a description question, so the
information needed to answer it must be stated in the passage--though not in
the same language as in the answer. The needed information is contained in the
fourth sentence of Paragraph 3, which states that the public prosecutor has to
investigate on behalf of both society and the defendant. Thus, the defendant is
not solely responsible for investigating his case. Furthermore, the paragraph's
opening implies that this feature is not found in the adversarial system. This
illustrates why you must determine the context of the situation before you can
safely answer the question. The answer is (A).
Writing Technique Questions
All coherent writing has a superstructure
or blueprint. When writing, we don't just randomly jot down our thoughts; we
organize our ideas and present them in a logical manner. For instance, we may
present evidence that builds up to a conclusion but intentionally leave the
conclusion unstated, or we may present a position and then contrast it with an
opposing position, or we may draw an extended analogy.
There is an endless number of writing
techniques that authors use to present their ideas, so we cannot classify every
method. However, some techniques are very common to the type of explanatory or
opinionated writing found in LSAT passages.
A. Compare and contrast two positions.
This technique has a number of variations,
but the most common and direct is to develop two ideas or systems (comparing)
and then point out why one is better than the other (contrasting).
Writing-technique questions are similar to
main idea questions; except that they ask about how the author presents his
ideas, not about the ideas themselves. Generally, you will be given only two
writing methods to choose from, but each method will have two or more
variations.
Example: (Refer to the first passage.)
Which one of the following best describes
the organization of the passage?
(A) Two systems of criminal justice are
compared and contrasted, and one is deemed to be better than the other.
(B) One system of criminal justice is presented as better than another. Then
evidence is offered to support that claim.
(C) Two systems of criminal justice are analyzed, and one specific example is
examined in detail.
(D) A set of examples is furnished. Then a conclusion is drawn from them.
(E) The inner workings of the criminal justice system are illustrated by using
two systems.
Clearly the author is comparing and
contrasting two criminal justice systems. Indeed, the opening to paragraph two
makes this explicit. The author uses a mixed form of comparison and contrast.
He opens the passage by developing (comparing) both systems and then shifts to
developing just the adversarial system. He opens the second paragraph by
contrasting the two criminal justice systems and then further develops just the
inquisitorial system. Finally, he closes by again contrasting the two systems
and implying that the inquisitorial system is superior.
Only two answer-choices, (A) and (B), have
any real merit. They say essentially the same thing--though in different order.
Notice in the passage that the author does not indicate which system is better
until the end of paragraph one, and he does not make
that certain until paragraph two. This contradicts the order given by (B).
Hence the answer is (A). (Note: In (A) the order is not specified and therefore
is harder to attack, whereas in (B) the order is definite and therefore is
easier to attack. Remember that a measured response is harder to attack and
therefore is more likely to be the answer.)
B. Show cause and effect.
In this technique, the author typically
shows how a particular cause leads to a certain result or set of results. It is
not uncommon for this method to introduce a sequence of causes and effects. A causes B, which causes C, which causes D, and so on. Hence
B is both the effect of A and the cause of C.
Example: (LSAT mini-passage)
Thirdly, I worry about the private
automobile. It is a dirty, noisy, wasteful, and lonely means of travel. It
pollutes the air, ruins the safety and sociability of the street, and exercises
upon the individual a discipline which takes away far more freedom than it
gives him. It causes an enormous amount of land to be unnecessarily abstracted
from nature and from plant life and to become devoid of any natural function.
It explodes cities, grievously impairs the whole institution of neighborliness,
fragmentizes and destroys communities. It has already spelled the end of our
cities as real cultural and social communities, and has made impossible the
construction of any others in their place. Together with the airplane, it has
crowded out other, more civilized and more convenient means of transport,
leaving older people, infirm people, poor people and children in a worse
situation than they were a hundred years ago. It continues to lend a terrible
element of fragility to our civilization, placing us in a situation where our
life would break down completely if anything ever interfered with the oil
supply.
George F. Kennan
Which of the following best describes the
organization of the passage?
(A) A problem is presented and then a
possible solution is discussed.
(B) The benefits and demerits of the automobile are compared and contrasted.
(C) A topic is presented and a number of its effects are discussed.
(D) A set of examples is furnished to support a conclusion.
This passage is laden with effects. Kennan introduces the cause, the automobile, in the opening
sentence and from there on presents a series of effects--the automobile
pollutes, enslaves, and so on. Hence the answer is (C). Note: (D) is the
second-best choice; it is disqualified by two flaws. First, in this context,
"examples" is not as precise as "effects." Second, the
order is wrong: the conclusion, "I worry about the private
automobile" is presented first and then the examples: it pollutes, it
enslaves, etc.
C. State a position and then give
supporting evidence.
This technique is common with opinionated
passages. Equally common is the reverse order. That is, the supporting evidence
is presented and then the position or conclusion is stated. And sometimes the
evidence will be structured to build up to a conclusion which is then left
unstated. If this is done skillfully the reader will be more likely to arrive
at the same conclusion as the author.
Extension Questions
Extension questions are the most common.
They require you to go beyond what is stated in the passage, asking you to draw
an inference from the passage, to make a conclusion based on the passage, or to
identify one of the author's tacit assumptions.
Since extension questions require you to
go beyond the passage, the correct answer must say more than what is said in
the passage. Beware of same language traps with these questions: the correct
answer will often both paraphrase and extend a statement in the passage, but it
will not directly quote it.
"Same Language" traps: For extension questions, any answer-choice that
explicitly refers to or repeats a statement in the passage will probably be
wrong.
The correct answer to an extension
question will not require a quantum leap in thought, but it will add
significantly to the ideas presented in the passage.
Example: (Refer to the first passage.)
The author views the prosecution's role in
the inquisitorial system as being
(A) an advocate
for both society and the defendant
(B) solely responsible for starting a trial
(C) a protector of the legal rule
(D) an investigator only
(E) an aggressive but fair investigator
This is an extension question. So the
answer will not be explicitly stated in the passage, but it will be strongly
supported by it.
The author states that the prosecutor is
duty bound to present any evidence that may prove the defendant innocent and
that he must disclose all pretrial evidence (i.e., have no tricks up his
sleeve). This is the essence of fair play. The answer is (E).
Application Questions
Application questions differ from
extension questions only in degree. Extension questions ask you to apply what
you have learned from the passage to derive new information about the same
subject, whereas application questions go one step further, asking you to apply
what you have learned from the passage to a different or hypothetical
situation.
To answer an application question, take
the author's perspective. Ask yourself: what am I arguing for? what might make my argument stronger? what
might make it weaker?
Example: (Refer to the first passage.)
Based on the information in the passage,
it can be inferred that which one of the following would most logically begin a
paragraph immediately following the passage?
(A) Because of the inquisitorial system's
thoroughness in conducting its pretrial investigation, it can be concluded that
a defendant who is innocent would prefer to be tried under the inquisitorial
system, whereas a defendant who is guilty would prefer to be tried under the
adversarial system.
(B) As the preceding analysis shows, the
legal system is in a constant state of flux. For now the inquisitorial system
is ascendant, but it will probably be soon replaced by another system.
(C) The accusatorial system begins where
the inquisitorial system ends. So it is three steps removed from the system of
private vengeance, and therefore historically superior
to it.
(D) Because in the inquisitorial system
the judge must take an active role in the conduct of the trial, his competency
and expertise have become critical.
(E) The criminal justice system has
evolved to the point that it no longer seems to be derivative of the system of
private vengeance. Modern systems of criminal justice empower all of society
with the right to instigate a legal action, and the need for vengeance is
satisfied through a surrogate--the public prosecutor.
The author has rather thoroughly presented
his position, so the next paragraph would be a natural place for him to
summarize it. The passage compares and contrasts two systems of criminal
justice, implying that the inquisitorial system is superior. We expect the
concluding paragraph to sum up this position. Now all legal theory aside, the
system of justice under which an innocent person would choose to be judged
would, as a practical matter, pretty much sum up the situation. Hence the
answer is (A).
Tone Questions
Tone questions ask you to identify the
writer's attitude or perspective. Is the writer's feeling toward the subject
positive, negative, or neutral? Does the writer give his own opinion, or does
he objectively present the opinions of others?
Before you read the answer-choices, decide
whether the writer's tone is positive, negative, or neutral. It is best to do
this without referring to the passage.
However, if you did not get a feel for the
writer's attitude on the first reading, check the adjectives that he chooses.
Adjectives and, to a lesser extent, adverbs express our feelings toward subjects.
For instance, if we agree with a person who holds strong feelings about a
subject, we may describe his opinions as impassioned. On the other hand, if we
disagree with him, we may describe his opinions as excitable, which has the
same meaning as "impassioned" but carries a negative connotation.
Example: (Refer to the first passage.)
The author's attitude toward the
adversarial system can best be described as
(A) encouraged that it is far removed from
the system of private vengeance
(B) concerned that it does not allow all members of society to instigate legal
action
(C) pleased that it does not require the defendant to conduct his own pretrial
investigation
(D) hopeful that it will be replaced by the inquisitorial system
(E) doubtful that it is the best vehicle for justice
The author does not reveal his feelings
toward the adversarial system until the end of paragraph one. Clearly the
clause "the adversarial system of criminal procedure symbolizes and
regularizes the punitive combat" indicates that he has a negative attitude
toward the system. This is confirmed in the second paragraph when he states
that the inquisitorial system is historically superior to the adversarial
system. So he feels that the adversarial system is deficient.
The "two-out-of-five" rule is at
work here: only choices (D) and (E) have any real merit. Both are good answers.
But which one is better? Intuitively, choice (E) is more likely to be the
answer because it is more measured. To decide between two choices attack each:
the one that survives is the answer. Now a tone question should be answered
from what is directly stated in the passage--not from what it implies. Although
the author has reservations toward the adversarial system, at no point does he
say that he hopes the inquisitorial system will replace it, he may prefer a
third system over both. This eliminates (D); the answer therefore is (E).
PIVOTAL WORDS
As mentioned before, each passage contains
200 to 600 words and only four to seven questions, so you will not be tested on
most of the material in the passage. Your best reading strategy, therefore, is
to identify the places from which questions will most likely be drawn and
concentrate your attention there.
Pivotal words can help in this regard.
Following are the most common pivotal words.
Pivotal Words
|
But |
Although |
|
However |
Yet |
|
Despite |
Nevertheless |
|
Nonetheless |
Except |
|
In contrast |
Even though |
As you may have noticed, these words
indicate contrast. Pivotal words warn that the author is about to either make a
U-turn or introduce a counter-premise (concession to a minor point that weakens
the argument).
Example: (Counter-premise)
I submit that the strikers should accept
the management's offer. Admittedly, it is less than what was demanded. But it
does resolve the main grievance--inadequate health care. Furthermore, an
independent study shows that a wage increase greater than 5% would leave the
company unable to compete against
The conclusion, "the strikers should
accept the management's offer," is stated in the first sentence. Then
"Admittedly" introduces a concession (counter-premise); namely, that
the offer was less than what was demanded. This weakens the speaker's case, but
it addresses a potential criticism of his position before it can be made. The
last two sentences of the argument present more compelling reasons to accept
the offer and form the gist of the argument.
Pivotal words mark natural places for
questions to be drawn. At a pivotal word, the author changes direction.