LSAT考试全真试题五SECTION4(2)
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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 injustice 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 determined by certain ideological 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 ongoing 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 persuasive 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 formulated in general terms; these terms he calls "open textured" which means that they contain a "core" of settled meaning and a (15) "penumbra" or "periphery" where their meaning is not determinate. For example, suppose an ordinance 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 peripheral 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 thereby exercise judicial discretion 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 solely of explicit 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 illustrate 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 texture 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 ethics 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 doctrines that underlie and guide the use of accepted legal rules (D) legal rules that have not yet passed through the entire legislative 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 applied 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 valid parts of the law. (C) Hart s "model of rules" has been superseded 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 |
