LSAT Passage 5 — Questions and Answers
Question 1: A passage discusses the evolution of administrative law and states: 'Chevron deference instructed courts to defer to agency interpretations of ambiguous statutes.' A 'what can be inferred' question asks about the relationship between courts and agencies under Chevron. The best inference is:
- Courts had no power to review agency decisions under Chevron
- Courts were directed to defer to agency expertise when statutory language was unclear (Correct answer)
- Agencies were required to adopt the same interpretation as courts
- Chevron eliminated all judicial review of administrative actions
Correct answer: Courts were directed to defer to agency expertise when statutory language was unclear
Chevron deference means courts defer to reasonable agency interpretations when a statute is ambiguous, preserving but limiting judicial review.
Question 2: An LSAT passage describes a reform proposal and lists its benefits in paragraph 2, then paragraph 3 presents practical obstacles to implementation. The author's purpose in including paragraph 3 is most likely to:
- Argue that the reform should be abandoned entirely
- Present a complete picture by acknowledging challenges alongside benefits (Correct answer)
- Undermine the credibility of the reformers mentioned in paragraph 2
- Shift the passage's focus from policy to economics
Correct answer: Present a complete picture by acknowledging challenges alongside benefits
By presenting both benefits and practical obstacles, the author provides a balanced, comprehensive analysis rather than one-sided advocacy.
Question 3: A Reading Comprehension question asks you to identify the 'primary purpose' of a passage. The passage describes a scientific controversy, presents evidence on both sides, and concludes that more research is needed. Which answer best captures the primary purpose?
- To persuade readers to adopt one side of the controversy
- To survey competing perspectives on an unresolved scientific question and call for further investigation (Correct answer)
- To critique the methodology of all studies mentioned in the passage
- To provide a historical chronology of the scientific debate
Correct answer: To survey competing perspectives on an unresolved scientific question and call for further investigation
When a passage presents multiple sides and ends with a call for more research, its primary purpose is to survey an open debate and advocate for further study.
Question 4: In a passage about property rights, the author writes: 'The bundle of rights theory conceives of property not as a monolithic entitlement but as a collection of separable sticks.' What does the 'bundle of sticks' metaphor most likely convey?
- Property rights are fragile and easily broken
- Property ownership consists of multiple distinct rights that can be held or transferred separately (Correct answer)
- Only governments can hold a complete set of property rights
- Property rights become more valuable when grouped together
Correct answer: Property ownership consists of multiple distinct rights that can be held or transferred separately
The bundle-of-sticks metaphor in property law illustrates that ownership is composed of separable rights (use, exclude, transfer, etc.) rather than one indivisible entitlement.
Question 5: An LSAT passage describes research showing that eyewitness testimony is unreliable, then discusses why courts still admit it. A question asks what the passage implies about the legal system's response to psychological research. The best answer is:
- Courts have fully integrated psychological research into evidentiary rules
- The legal system has been slow or reluctant to apply scientific findings that contradict longstanding practices (Correct answer)
- Psychological research conclusively proves that eyewitness testimony should be banned
- Courts admit eyewitness testimony only when it is corroborated by physical evidence
Correct answer: The legal system has been slow or reluctant to apply scientific findings that contradict longstanding practices
The contrast between known unreliability and continued admission implies institutional inertia or reluctance to fully incorporate scientific findings.
Question 6: A passage uses the phrase 'to be sure' before presenting an opposing point and then immediately follows with 'but.' What is the rhetorical structure being employed?
- The author is abandoning the main argument in favor of the opposing view
- The author is conceding a point before reasserting the main argument (Correct answer)
- The author is introducing new evidence to replace previously cited data
- The author is summarizing both sides without taking a position
Correct answer: The author is conceding a point before reasserting the main argument
'To be sure... but' is a classic concession-then-rebuttal structure: acknowledge the opposing point's validity, then re-establish the author's own position.
Question 7: A passage about international trade law states that country A's tariff policy violated WTO rules, but country A argues the tariff was justified under a national security exception. A question asks what role the national security argument plays in the passage. It most likely serves to:
- Prove that country A's tariff policy was legal under all applicable rules
- Present a defense or justification that country A invokes to counter the violation finding (Correct answer)
- Establish that WTO rules do not apply to national security matters
- Demonstrate that trade disputes are inherently political rather than legal
Correct answer: Present a defense or justification that country A invokes to counter the violation finding
Country A's national security argument functions as a legal defense or justification offered in response to the finding that its tariff violated WTO rules.
LSAT Passage 5
A passage discusses the evolution of administrative law and states: 'Chevron deference instructed courts to defer to agency interpretations of ambiguous statutes.' A 'what can be inferred' question asks about the relationship between courts and agencies under Chevron.
The best inference is: