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深度剖析LSAT考试的三种题型(2)

2010-12-12 
show how the adversarial and inquisitorial systems of criminal justice are being combined into a new and better system.

  The original argument clearly contradicts itself. So we are looking for an answer-choice that contradicts itself in like manner. Notice that both the argument and the correct answer will not be true--again searching for truth can hamper you.

  Choice (A) is not self-contradictory. In fact, it's a fairly sound argument. This eliminates (A). Choice (B), on the other hand, is not a sound argument. The police, though understaffed, may realize the seriousness of the situation and rearrange their priorities. Nevertheless, (B) does not contain a contradiction. This eliminates (B). As to choice (C), although the argument is questionable, it, like (B), does not contain a contradiction. This eliminates (C). Choice (D), however, does contain a contradiction. It starts by stating that both the powerful and the poor had to serve in Vietnam, but it ends by stating that some powerful people--namely, Stevens--did not have to serve. This is a contradiction, so (D) is probably the answer. Finally, choice (E), like the original argument, is invalid, but it does not contain a contradiction. This eliminates (E). The answer is (D).

  阅读理解

  阅读理解也占试卷的1/4,有四篇文章,每篇有6-8个问题,总共26个问题。 文章来自学术杂志,主题一般是政治,历史,文化和科学。

  样题:

  There are two major systems of criminal procedure in the modern world--the adversarial and the inquisitorial. 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. 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 initiate legal action against a criminal 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.

  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.

  The primary purpose of the passage is to:

  explain why the inquisitorial system is the best system of criminal justice.

  explain how both the adversarial and the inquisitorial systems of criminal justice evolved from the system of private vengeance.

  show how the adversarial and inquisitorial systems of criminal justice can both complement and hinder each other's development.

  show how the adversarial and inquisitorial systems of criminal justice are being combined into a new and better system.

  analyze two systems of criminal justice and imply that 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 author draws a comparison between two systems, not between all systems. (A) would be a good answer if "best" were replaced with "better." (Beware of absolute 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. (C) and (D) can be quickly dismissed as neither is mentioned in the passage. Finally, the passage does two things: it presents two systems of criminal justice, and it implies that one is better developed than the other. (E) aptly summarizes this, so it is the best answer.

  在LSAT考试中,你不会发现任何法学方面的题,这样你不需要有很深的专业知识

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