PrepTest 131, Section 1, Question 17

Must Be TrueDifficulty4 of 5
The questionFull text in your LawHub copy of PrepTest 131

Industrial adviser: If two new processes under consideration(59 more words not shown)

Which one of the following(12 more words not shown)

Reading the argument

If two new processes cost about the same, choose the one that damages the environment less. I might also want to ask which process works better. An environmentally gentler deodorant would not be much use if it failed to do its job. But the question asks us to apply the adviser's stated principles, so those are the standards the choices must meet.

The adviser separates starting a new process from replacing an existing one. For two new processes whose costs are not substantially different, we have a recommendation: choose the cleaner process. For an existing damaging process that would be expensive to replace, we have a restriction: retool only if legally required or likely to bring long-term savings substantially greater than the cost.

What we’re looking for

That second rule sets a substantial-savings threshold. The words “only if” also do not, by themselves, say that satisfying a condition requires a change. As we examine each judgment, keep both the situation and the exact financial threshold straight.

Working the answers

  • A

    A tax credit is an incentive, not a legal requirement to change. And a slight long-term saving does not meet the other condition, which calls for savings substantially greater than the retooling cost. Both details matter: mentioning a law and some savings can sound close to the rule without satisfying it.

  • B

    Preserving public image is not a reason either principle supplies for recommending a change. The current process is legal, and changing it is expected to produce long-term losses. We are not told whether the retooling cost is substantial, so we should not simply assume every part of the second rule applies. Either way, the stated facts do not produce this recommendation from the adviser's principles.

  • C
    Correct

    These are two new processes, so the first rule applies. A costs more, but not substantially more; it is also less environmentally damaging. The adviser explicitly says to choose the cleaner process when the cost difference is not substantial. That supports implementing A. We do not need the costly-replacement rule to apply too.

  • D

    The small cost difference puts these new processes under the first rule. B is the cleaner process, while A causes more pollution. The principle therefore supports B, but the answer recommends A. It makes the wrong choice under the stated standard.

  • E

    Almost recovering the cost still falls short of recovering it, much less obtaining savings substantially greater than it. Both processes are legal, so no legal requirement supplies the missing basis either. Lower operating costs and less environmental damage do not satisfy the precise condition for this costly replacement.

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