PrepTest 149, Section 2, Question 17

ApplicationDifficulty3 of 5
Passage 3Social norms protecting comedians’ jokes and chefs’ recipes
The questionFull text in your LawHub copy of PrepTest 149

Passage A Comedians are not amused when their(497 more words not shown)

Passage A(293 more words not shown)

Passage B(212 more words not shown)

Which one of the following(11 more words not shown)

Reading the passage

Keep what we know about each profession separate from a comparison between them. Comedians gain protection against joke theft through reputational consequences. Chefs gain control over exact copying, further disclosure of secrets, and credit for their recipes.

What we’re looking for

Both accounts show professional benefits. Neither measures which group has more violations, a more elaborate system, or stronger legal protection. Seeing more detail about one group on the page would not establish that its real-world system is more elaborate.

Working the answers

  • A

    We are not given violation rates for either group. A's description of persistent joke stealing does not establish that it is more frequent than recipe violations.

  • B

    B lists three norms, but A describes a system governing a “wide array of issues.” A shorter description is not evidence of a simpler system. We cannot rank the systems by how many rules the authors happen to spell out.

  • C

    Both groups have difficulties with effective legal protection. The authors do not compare the overall significance of their legal rights.

  • D

    Using an informal alternative does not show that most members are satisfied with the existing laws. Their opinions about those laws are not reported.

  • E
    Correct

    Comedians can protect material and preserve incentives to create; chefs can share a secret subject to limits on further disclosure and retain recognition for their work. Respecting the professional system helps make those protections possible. That supports some professional benefit without requiring either a ranking of the groups or a claim that everyone is satisfied.

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