PrepTest 137, Section 3, Question 12

Must Be TrueDifficulty4 of 5
The questionFull text in your LawHub copy of PrepTest 137

Many nurseries sell fruit trees that they label(66 more words not shown)

Which one of the following(8 more words not shown)

Reading the argument

Some nurseries use the ‘miniature’ label and others don't. Does that mean someone has mislabeled a Stark Sweet Melody tree? Not yet. We need the missing fact: is this variety suitable for growing in a tub or pot?

What we’re looking for

The rule gives us a clear consequence if it isn't suitable: no tree of that variety can correctly be called miniature. Since some nurseries do apply that label to Stark Sweet Melody trees, those nurseries would be mislabeling them if the variety fails the suitability requirement. But the passage doesn't tell us whether it does. For the inference question, keep that condition attached. We can say what would follow if the variety were unsuitable; we can't simply announce that the labels are wrong.

Working the answers

  • A

    We haven't established that any nursery has mislabeled a tree, let alone most nurseries. If the variety meets the suitability requirement, the stated rule gives us no basis for rejecting its miniature label. The disagreement in usage isn't enough to support this numerical claim about errors.

  • B

    This makes unsuitability a requirement for some nurseries to have labeled the variety correctly. The passage gives us no such requirement. In fact, unsuitability would make the ‘miniature’ labels incorrect. It doesn't supply the necessary basis for correct labeling that B claims.

  • C

    Perhaps the variety is suitable for tubs or pots. Then the passage's restriction wouldn't establish that its miniature label is incorrect. C leaves out the very fact we would need before rejecting all those labels.

  • D

    We have a rule about when ‘miniature’ cannot correctly be applied, not a rule requiring every eligible tree to carry that label. A nursery's decision not to call a tree miniature hasn't been shown to be a mistake. The two groups can use the term differently without D following.

  • E
    Correct

    Read ‘unless’ as giving us the condition we were missing: if the variety isn't suitable for growing in a tub or pot, some nurseries mislabel it. We know some nurseries apply ‘miniature’ to this variety, and we know that label would be incorrect if the variety were unsuitable. E links those facts while leaving suitability itself unresolved.

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