(1) To be useful, a law must prevent the behavior that it bans.
(2) Pedestrians who always break this law are not dissuaded by it.
(3) Pedestrians who always follow the law don’t need it, because they wouldn’t cross on red even without the law.
A
takes for granted that most automobile drivers will obey the law that prohibits them from driving through red lights
B
uses the word “law” in one sense in the premises and in another sense in the conclusion
C
ignores the possibility that a law might not serve a useful purpose even if it does deter the kind of behavior it prohibits
D
fails to consider whether the law ever dissuades people who sometimes but not always cross against red lights
E
provides no evidence that crossing against red lights is more dangerous than crossing on green lights
A
the study’s card game does not test cognitive abilities other than perception and memory
B
card games are among the most difficult cognitive tasks one can attempt to perform
C
perception and memory are interrelated in ways of which we are not currently aware
D
the belief that 80-year-olds’ perception and memory are reduced results from prejudice against senior citizens
E
playing the study’s card game perfectly requires fairly low levels of perception and memory
Attorney: I ask you to find Mr. Smith guilty of assaulting Mr. Jackson. Regrettably, there were no eyewitnesses to the crime, but Mr. Smith has a violent character: Ms. Lopez testified earlier that Mr. Smith, shouting loudly, had threatened her. Smith never refuted this testimony.
Summarize Argument
The attorney concludes that Mr. Smith should be found guilty of assaulting Mr. Jackson. She supports this by saying that Ms. Lopez testified that Mr. Smith loudly threatened her and he never refuted her testimony, so Mr. Smith has a violent character.
Identify and Describe Flaw
The attorney makes many unwarranted assumptions in her argument. She assumes that just because Smith loudly threatened Lopez, he must have a violent character, and that just because he has a violent character, he’s guilty of assaulting Jackson.
She also assumes that just because Smith never refuted Lopez’s claim that he threatened her, her claim must be true.
Note the questions stem: “The attorney’s argument is fallacious because it reasons that ____.” The correct answer will fill in this blank with an assumption made by the attorney.
A
aggressive behavior is not a sure indicator of a violent character
The attorney does not reason that aggressive behavior is not a sure indicator of a violent character. Instead, she assumes that Smith’s aggressive behavior (his alleged loud threat) is a sure indicator of his violent character.
B
Smith’s testimony is unreliable since he is loud and aggressive
The attorney doesn’t bring up any of Smith’s testimony at all, nor does she assume that it’s unreliable.
C
since Smith never disproved the claim that he threatened Lopez, he did in fact threaten her
This points out one of the attorney’s fallacious assumptions. She assumes that, because Smith didn’t refute Lopez’s claim, her claim must be true. She uses this to argue that Smith has a violent character and thus committed the crime.
D
Lopez’s testimony is reliable since she is neither loud nor aggressive
The attorney supports Lopez’s testimony by saying that it was never refuted. She doesn’t assume that Lopez’s testimony is reliable because Lopez isn’t loud or aggressive.
E
having a violent character is not necessarily associated with the commission of violent crimes
The question stem asks for an answer in terms of what the argument reasons. In contrast to (E), “the attorney’s argument is fallacious because it reasons that” having a violent character is necessarily associated with the commission of violent crimes.