LSAT 151 – Section 4 – Question 13

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Type Tags Answer
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Curve Question
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Psg/Game/S
Difficulty
Explanation
PT151 S4 Q13
+LR
+Exp
Flaw or descriptive weakening +Flaw
Lack of Support v. False Conclusion +LSvFC
Value Judgment +ValJudg
A
12%
158
B
67%
164
C
2%
155
D
1%
152
E
18%
159
140
153
166
+Harder 145.196 +SubsectionEasier

Legislator: My colleague says we should reject this act because it would deter investment. But because in the past she voted for legislation that inhibited investment, this surely is not the real reason she opposes the act. Since she has not revealed her real reason, it must not be very persuasive. So we should vote to approve the act.

Summarize Argument: Counter-Position
The legislator concludes that lawmakers should approve the act. As support, he says that his colleague has previously voted for laws that deter investment, so this must not be her real reason for opposing the act. Since she hasn't explained her real reason, the legislator argues, it must not be persuasive.

Identify and Describe Flaw
The legislator’s argument is most vulnerable to criticism because he attacks his colleague’s motivation for making an argument rather than attacking the argument itself. This is the cookie-cutter “ad hominem” flaw.
He rejects his colleague’s recommendation only because she supported similar acts before, so he assumes that her “real reason” for opposing the act isn’t persuasive. He doesn’t address his colleague’s argument that the act will deter investment, nor does he provide any reason to believe that lawmakers should approve the act.

A
treats a personal character trait as if it were evidence of the professional viewpoint of the person having that trait
The legislator questions his colleague’s reason for rejecting the act, but he never mentions any of her personal character traits. He also doesn’t assume that her professional viewpoint shares any of her personal character traits.
B
fails to address the grounds on which the colleague claims the act should be rejected
The legislator simply assumes that his colleague’s reason for rejecting the act is not genuine or persuasive. He then concludes that the act should be approved without addressing his colleague’s stated reason for rejecting it— that it will deter investment.
C
presumes, without providing justification, that the colleague’s opposition to the act is the minority position in the legislature
The legislator doesn't assume his colleague's opposition is in the minority; he never mentions how many legislators might support or oppose the act. Even if he did, he still fails to engage with his colleague’s argument, whether she’s in the minority or not.
D
presumes, without providing justification, that voters will oppose legislation that deters investment
The legislator never assumes that voters will oppose this legislation. In fact, he doesn’t say anything about voters at all. Instead, he assumes his colleague’s real reason for opposing the act is not persuasive, since she’s supported other acts that hurt investment.
E
fails to consider that the colleague’s opposition to the act may be a response to constituents’ wishes
The legislator doesn’t consider this, but it doesn’t matter. If the colleague does oppose the act simply due to constituents’ wishes, it would only strengthen the claim that her “real reason” isn’t persuasive. Either way, he still ignores her stated reason for rejecting the act.

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