#2 - Must Be True, Expansion

[reop6780]

First of all, I'm not quite sure what kind of question this is.

Also, I thought correct answer A was too strong to be supported by the passage.

What support the answer A?

If answer A is the correct answer why not C?

[Adam Tyson]

Just want to make sure I am looking at the right question here, since you mentioned a "passage" (which I tend to think means Reading Comprehension) and Section 2 on my copy of that test is a Logical Reasoning section.

This question is a rare "Point of Agreement" question - we have two speakers in a hot debate, clearly not agreeing with other, and then we get asked what they agree about. It can't be a major issue - they are going head to head - so it must be a small point. That's a classic Point of Agreement scenario.

Answer A says they both agree that people can choose whether or not to commit crimes - it's in their control. First, do you have evidence that A agrees? Yes - she talks about people not committing crimes if they fear punishment, and making a decision to do that. Does author B agree? Yes, she also talks about people choosing not to commit crimes if they have better opportunities. They both base their analyses on the idea that people can choose.

Answer C is an opposite answer - that's something they probably disagree about. That might be the right answer on a Point at Issue question, a whole other type. Author A might agree, although I wonder about the "fair" part since she focused on certain and severe punishment, not on fairness. B would disagree - it's not about how we respond to crimes already committed, but how we prevent them from being committed in the first place that matters.

Hope that helped!

[reop6780]

Hi, Adam

I think there is some misunderstanding - maybe some books are in different order?

I'm looking at my book to make sure not to confuse anyone, and the date of the test is correct; october 2008 (prep test 55, form 8LSN77)

My order of sections: LR-RC-LR-LG

Hence, the second section is RC.

Question 2 states, "Given the passage's content and tone, which one of the following statements would most likely be found elsewhere in a work from which this passage is an excerpt?"

The reading deals with an ineffective law in regard with protecting trading secrets for employers and rights of employees leaving for new companies in competition.

Thanks,

Hyun

[Adam Tyson]

My bad - I accidentally pulled up the December 2008 test instead of October. Well, if you happen to look at that test, Section 2, Q2, now you have my opinion on it!

Looking now at the correct test...

First, as to the question type, it is a Must Be True question, asking you to draw an inference based on the content of the passage about what the author would likely say or agree with. These are very common in RC passages, this type of extended reasoning that takes you beyond the passage itself but still relies on what the author said.

The support for answer A comes from the first paragraph, wherein the author tells us that the competing rights of the employee and the employer seem to be irreconcilable and that the courts' attempts to protect those rights have led to neither side being adequately protected. In other words, under current law the employers are bound to lose control of their trade secrets anyway, and employees are often going to find themselves unable to freely utilize their skills and knowledge. It's a no-win scenario.

If current law gives so little protection to employers, then their best hope for protecting their secrets is to encourage employees to stay with them, rather than go to work for a competitor. In other words, if they want to avoid the risk of loss that goes with losing an employee, then don't lose the employee.

We have no support for C - that requires an intellecutal leap that isn't supported by any statements in the passage. We get no sense that the author wants to give employers stronger powers than they already have, nor any suggestion that they should have those rights in the absence of proof. Doing that might help employers, but would surely hurt employees, and our author is showing at least some concern for striking a proper balance.

Sorry about the confusion - that was entirely my fault. Glad we were able to get back on track.

[brcibake]

What is wrong with answer choice E? I see how C Is a good fit but also E makes sense because the 3rd paragraph discusses how trade secrets can manifest themselves subconsciously and inconspicuously ( line 37).
Thank you!

[Stephanie Oswalt]

Hi brcibake!

Thanks for your question! I think you accidentally posted in the wrong thread before . I have moved this over to the Oct. 2008 #2, which begins, "Given the passage’s content and tone, which one of the following statements...."

The correct answer for this question is A, not C, so let us know if you meant to ask about another question!

Thanks!

[adashworth]

Hello, I don't get why A is right. The passage seemed more concerned with employees and their rights, especially to move to a new job, than with corporations. I put D because it seemed right in line with lines 55-59 in that theoretically those physical items would be the easiest to detect, but ultimately it would be fruitless, just like everything else. Any explanation is appreciated, thank you.

[Who Ray]

Hi there!

In lines 55-59, the author says that injunctions are ineffective "except" for concrete things, but answer choice D says that it is ineffective even for those concrete things. While this might be an effective rhetorical strategy, it would mean that the author is contradicting themselves, and LSAC assumes people do not do that.

Answer choice A is correct because, according to the author, injunctions are the only recourse a corporation has if an employee begins working for a competitor (line 10-15); however, these injunctions are effective only at protecting concrete pieces of corporate property—nothing else. Therefore, the best option a company has is to keep its employees because once they leave the company cannot keep control of their trade secrets.

Cheers,
Who Ray

[jwheeler]

What was wrong with answer choice E here? I had it narrowed down to A and E, but A felt wrong because it departed from the rest of the passage by recommending an alternate route.

For me, E made sense because the article talked about how the things you learn at a company just become part of you and your experiences. You don't consciously separate them when you've moved on to a new job, so there's no effect.

[Brook Miscoski]

Jwheeler, the passage does suggest that psychological barriers are ineffective at preserving trade secrets. However, that is very different from saying that the psychological barriers have zero effect. The passage does suggest a loss of freedom in making employment decisions. The passage also does not argue that the psychological barriers are subtle. Instead, the passage argues that despite best efforts the trade secrets have become part of the employee's way of working. The passage doesn't say anything at all about the vast array of effects that could emanate from psychological barriers.

Also, just sayin', but the author doesn't know jack about what a trade secret is or how companies and courts address the topic...at least not as edited by the LSAT geniuses. But of course we must put all that aside. Terrible passage.