LSAT考试全真试题四SECTION1（4）
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12. The primary purpose of the passage is to (A) describe recent developments in the Korean American community that have strongly affected other ethnic communities of immigrant derivation (B) describe a situation in the Korean American community that presents a model for the empowerment of ethnic communities of immigrant derivation (C) detial the problems faced by the Korean American community in order to illustrate the need for the empowerment of ethnic communities of immigrant derivation (D) argue against economic and social injustice in the countries of origin of ethnic communities of immigrant derivation (E) assess the impact of the unionization movement on ethnic communities of immigrant derivation 13. Which one of the following most accurately states the function of the third paragraph? (A) It explains why the Pico workers brought their cause to the United States (B) It explains how the Pico cause differed from other causes that had previously mobilized the Korean American community (C) It explains why the Pico workers were accorded such broad support (D) It explains how other ethnic groups of immigrant derivation in the United States have profited from the example of the Pico workers? (E) It expains why different generations of Korean Americans reacted in different ways to the Pico cause In recent years, scholars have begun to use social science tools to analyze court opinions. These scholars have justifiably criticized traditional legal research for its focus on a few cases that may not be representative (5) and its fascination with arcane matters that do not affect real people with real legal problems. Zirkel and Schoenfeld, for example, have championed the application of social science tools to the analysis of case law surrounding discrimination against women in (10) higher education employment Their studies have demonstrated how these social science tools may be used to serve the interests of scholars lawyers and prospective plaintiffs as well However their enthustasm for the outcomes analysts technique (15) seems misguided Of fundamental concern is the outcomes analysts assumption that simply counting the number of successful and unsuccessful plaintiffs will be useful to prospective plaintiffs Although the odds are clearly (20) against the plaintiff in sex discrimination cases, plaintiffs who believe that their cause is just and that they will prevail are not swayed by such evidence, In addition, because lawsuits are so different in the details of the case in the quality of the evidence the plantiff (25) presents and in the attitude of the judge toward academic plaintiffs giving prospective plaintiffs statisties about overall outcomes without analyzing the reason for these outcomes is of marginal assistance Outcomes analysis for example ignores the fact that in (30) certain academie sex discrimination cases—those mvolving serious procedural violations or meriminating evidence in the form of written admissions of discriminatory practices—plaintiffs are much more likely to prevail (35) Two different approaches offer more useful applications of social science tools in analyzing sex discrimination cases One is a process called "policy capturing" in which the researcher reads each opinion identifies variables discussed in the opinion such as (40) the regularity of employer evaluations of the plaintiff performance training of evaluatots and the kind of evaluation instrument used and then uses multrvariate analvsis to determine whether these variables predict the outcome of the lawsuit The advantage of ploicy (45) capturing research is that it attempts to explain the reason for the outcome, rather than simply reporting the outcome and identifies factors that contribute to a plaintiff s success or failure Taking a slightly different approach, other scholars have adopted a technique that (50) requires reading complete transcripts of all sex discrmination cases litigated during a certain time period to identify variables such as the nature of the allegedly illegal conduct the consequences for employers and teh nature of the remedy as well as the (55) factors that contributed to the verdict and the kind of evidence necessary for the plaintiff to prevail While the findings of these studies are limited to the period covered they assist potential plaintiffs and defendants in assessing their cases |
