LSAT-Section-2-Reading-Comprehension Section Two : Reading Comprehension

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Showing 229–231 of 256 questions

Question 229

Experts anticipate that global atmospheric concentrations of carbon dioxide (CO2) will have-doubled by the end of the twenty-first century. It is known that CO2 can contribute to global warming by trapping solar energy that is being reradiated as heat from the Earth's surface. However, some research has suggested that elevated CO2 levels could enhance the photosynthetic rates of plants, resulting in a lush world of agricultural abundance, and that this CO2 fertilization effect might eventually decrease the rate of global warming. The increased vegetation in such an environment could be counted on to draw more CO, from the atmosphere. The level of CO2 would thus increase at a lower rate than many experts have predicted.

However, while a number of recent studies confirm that plant growth would be generally enhanced in an atmosphere rich in CO2, they also suggest that increased CO2 would differentially increase the growth rate of different species of plants, which could eventually result in decreased agricultural yields. Certain important crops such as corn and sugarcane that currently have higher photosynthetic efficiencies than other plants may lose that edge in an atmosphere rich in CO2. Patterson and Flint have shown that these important crops may experience yield reductions because of the increased performance of certain weeds. Such differences in growth rates between plant species could also alter ecosystem stability. Studies have shown that within rangeland regions, for example, a weedy grass grows much better with plentiful CO2 than do three other grasses. Because this weedy grass predisposes land to burning, its potential increase may lead to greater numbers of and more severe wildfires in future rangeland communities.

It is clear that the CO2 fertilization effect does not guarantee the lush world of agricultural abundance that once seemed likely, but what about the potential for the increased uptake of CO2 to decrease the rate of global warming? Some studies suggest that the changes accompanying global warming will not improve the ability of terrestrial ecosystems to absorb CO2. Billings' simulation of global warming conditions in wet tundra grasslands showed that the level of CO2 actually increased. Plant growth did increase under these conditions because of warmer temperatures and increased CO2 levels. But as the permafrost melted, more peat {accumulated dead plant material) began to decompose. This process in turn liberated more CO2 to the atmosphere. Billings estimated that if summer temperatures rose four degrees Celsius, the tundra would liberate 50 percent more CO2 than it does currently. In a warmer world, increased plant growth, which could absorb CO2 from the atmosphere, would not compensate for this rapid increase in decomposition rates. This observation is particularly important because high-latitude habitats such as the tundra are expected to experience the greatest temperature increase.

According to the passage, Billings' research addresses which one of the following questions?

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  • Which kind of habitat will experience the greatest temperature increase in an atmosphere high in CO2?

  • How much will summer temperatures rise if levels of CO? double by the end of the twenty-first century?

  • Will enhanced plant growth necessarily decrease the rate of global warming that has been predicted by experts?

  • Would plant growth be differentially enhanced if atmospheric concentrations of CO2 were to double by the end of the twenty-first century?

  • Does peat decompose more rapidly in wet tundra grasslands than it does in other types of habitats when atmospheric concentrations of CO2 increase?

Question 230

By the time Bentham turned his interest to the subject, late in the eighteenth century, most components of modern evidence law had been assembled. Among common-law doctrines regarding evidence there were, however, principles that today are regarded as bizarre; thus, a well-established (but now abandoned) rule forbade the parties to a case from testifying. Well into the nineteenth century, even defendants in criminal cases were denied the right to testify to facts that would prove their innocence.

Although extreme in its irrationality, this proscription was in other respects quite typical of the law of evidence. Much of that law consisted of rules excluding relevant evidence, usually on some rational grounds. Hearsay evidence was generally excluded because absent persons could not be cross-examined. Yet such evidence was mechanically excluded even where out-of-court statements were both relevant and reliable, but the absent persons could not appear in court (for example, because they were dead).

The morass of evidentiary technicalities often made it unlikely that the truth would emerge in a judicial contest, no matter how expensive and protracted. Reform was frustrated both by the vested interests of lawyers and by the profession's reverence for tradition and precedent. Bentham's prescription was revolutionary: virtually all evidence tending to prove or disprove the issue in dispute should be admissible. Narrow exceptions were envisioned: instances in which the trouble or expense of presenting or considering proof outweighed its value, confessions to a Catholic priest, and a few other instances.

One difficulty with Bentham's nonexclusion principle is that some kinds of evidence are inherently unreliable or misleading. Such was the argument underlying the exclusions of interested-party testimony and hearsay evidence. Bentham argued that the character of evidence should be weighed by the jury: the alternative was to prefer ignorance to knowledge. Yet some evidence, although relevant, is actually more likely to produce a false jury verdict than a true one. To use a modern example, evidence of a defendant's past bank robberies is excluded, since the prejudicial character of the evidence substantially outweighs its value in helping the jury decide correctly. Further, in granting exclusions such as sacramental confessions, Bentham conceded that competing social interests or values might override the desire for relevant evidence. But then, why not protect conversations between social workers and their clients, or parents and children?

Despite concerns such as these, the approach underlying modem evidence law began to prevail soon after Bentham's death: relevant evidence should be admitted unless there are clear grounds of policy for excluding it. This clear-grounds proviso allows more exclusions than Bentham would have liked, but the main thrust of the current outlook is Bentham's own nonexclusion principle, demoted from a rule to a presumption.

Which one of the following is the main idea of the passage?

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  • Bentham questioned the expediency of modern rules of legal evidence.

  • Bentham's proposed reform of rules of evidence was imperfect but beneficial.

  • Bentham's nonexclusion principle should be reexamined in the light of subsequent developments.

  • Rules of legal evidence inevitably entail imperfect mediations of conflicting values and constraints.

  • Despite their impairment of judicial efficiency, rules of legal evidence are resistant to change.

Question 231

By the time Bentham turned his interest to the subject, late in the eighteenth century, most components of modern evidence law had been assembled. Among common-law doctrines regarding evidence there were, however, principles that today are regarded as bizarre; thus, a well-established (but now abandoned) rule forbade the parties to a case from testifying. Well into the nineteenth century, even defendants in criminal cases were denied the right to testify to facts that would prove their innocence.

Although extreme in its irrationality, this proscription was in other respects quite typical of the law of evidence. Much of that law consisted of rules excluding relevant evidence, usually on some rational grounds. Hearsay evidence was generally excluded because absent persons could not be cross-examined. Yet such evidence was mechanically excluded even where out-of-court statements were both relevant and reliable, but the absent persons could not appear in court (for example, because they were dead).

The morass of evidentiary technicalities often made it unlikely that the truth would emerge in a judicial contest, no matter how expensive and protracted. Reform was frustrated both by the vested interests of lawyers and by the profession's reverence for tradition and precedent. Bentham's prescription was revolutionary: virtually all evidence tending to prove or disprove the issue in dispute should be admissible. Narrow exceptions were envisioned: instances in which the trouble or expense of presenting or considering proof outweighed its value, confessions to a Catholic priest, and a few other instances.

One difficulty with Bentham's nonexclusion principle is that some kinds of evidence are inherently unreliable or misleading. Such was the argument underlying the exclusions of interested-party testimony and hearsay evidence. Bentham argued that the character of evidence should be weighed by the jury: the alternative was to prefer ignorance to knowledge. Yet some evidence, although relevant, is actually more likely to produce a false jury verdict than a true one. To use a modern example, evidence of a defendant's past bank robberies is excluded, since the prejudicial character of the evidence substantially outweighs its value in helping the jury decide correctly. Further, in granting exclusions such as sacramental confessions, Bentham conceded that competing social interests or values might override the desire for relevant evidence. But then, why not protect conversations between social workers and their clients, or parents and children?

Despite concerns such as these, the approach underlying modem evidence law began to prevail soon after Bentham's death: relevant evidence should be admitted unless there are clear grounds of policy for excluding it. This clear-grounds proviso allows more exclusions than Bentham would have liked, but the main thrust of the current outlook is Bentham's own nonexclusion principle, demoted from a rule to a presumption.

The author's attitude toward eighteenth-century lawyers can best be described as

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  • Sympathetic

  • Critical

  • Respectful

  • Scornful

  • Ambivalent