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Los principios y valores del poder de dominación legal

DEMANDAS DE INCONSTITUCIONALIDAD INTERPUESTO POR LA SOCIEDAD CIVIL (5 MIL CIUDADANOS Y COLEGIOS

CAPÍTULO 1: ESTADO DE LA CUESTIÓN

7.2. La politización de la justicia constitucional

7.2.1. La politización como tendencia de poder de dominación legal

7.2.1.2. Los principios y valores del poder de dominación legal

Gorland is considering a law that will allow the advertising of

prescription medications. Critics of the practice worry that people who see these advertisements will seek out inappropriate prescriptions and thereby endanger their health. However, advertisers believe that since doctors ultimately decide whether to prescribe a given medication to a patient, these concerns are unfounded.

12. In responding to the critics’ concerns, which of the following is an assumption that the advertisers must make?

A The majority of people seeking medical care have seen

advertisements for prescriptions.

B The advertisements for prescription medications are designed to

deceive consumers.

C People seeking health care often attempt to diagnose themselves

before seeing a doctor.

D Doctors will not be swayed by patients seeking inappropriate

prescriptions.

Question 13 refers to the following passage:

Business has always been a popular major for students at four-year universities. However, over the past 20 years, the percentage of students at four-year universities who major in business has decreased from 35% to 23%. Clearly, fewer students are majoring in business now than they did 20 years ago.

13. Which of the following, if true, most weakens the conclusion?

A Many students who consider majoring in business end up majoring

in related disciplines.

B When surveyed, most students state that they major in business

because it is lucrative.

C The percentage of students majoring in disciplines related to business

has decreased over the past 20 years.

D Fewer employers seek students with business degrees now than was

the case 20 years ago.

E The number of students enrolled at four-year universities has

increased over the past 20 years.

Question 14 refers to the following passage:

Executives at company X are wrong to conclude that the company will see an increase in profits over the next several years. Though it is true

that the company’s profits increased each of the past five years, many

competitors have entered the market during this time period. The

competitors have used these past few years to develop products that will directly compete with company X’s products during the next several years.

14. In the preceding argument, the two portions in boldface play which of the following roles?

A The first provides a consideration that argues against the main

conclusion of the argument; the second is that conclusion.

B The first provides evidence for the main conclusion of the argument;

the second supports an intermediate conclusion in the argument.

C The first provides a consideration that argues against the main

conclusion of the argument; the second provides evidence that supports the argument’s main conclusion.

D The first provides an intermediate conclusion in the argument;

the second provides evidence that supports the argument’s main conclusion.

E The first provides an intermediate conclusion in the argument; the

Question 15 refers to the following passage:

Analyst: Sepoma, a major furniture manufacturer, had a large

decline in sales revenue last year. However, this report is unexpected. Furniture retailers have stated that although overall sales of furniture decreased last year, sales of Sepoma furniture actually increased.

15. Which of the following, if true, best explains the unexpected situation above?

A Much of Sepoma’s revenue comes from making parts for other

furniture manufacturers.

B Last year, Sepoma spent more on advertising than it usually does. C Sepoma’s decline in revenue was less than the average decline in

revenue for its major competitors.

D When revenues are weak, Sepoma is reluctant to find ways to cut

costs.

E In a survey, potential buyers of furniture indicated that they thought

Sepoma furniture was superior to that of most other brands on the market.

Exercise Answers

1. A The author uses this line when elaborating on Tocqueville’s argument that

democracy would benefit from dissent. Tocqueville believed that democracy could tolerate and benefit from dissent because it is self-correcting. The fact that it is “never stagnant” is in support of its self-correcting nature.

2. B All three authors agree that there will be dissent in a democracy. However,

they disagree on the consequences of this dissent.

3. B The author refers to “this quandary” when discussing the problem

confronting biologists who want to determine the environmental habitat of the species whose fossils they have discovered. A good prediction for the answer would thus be problem. Of the choices, the word closest in meaning to problem is dilemma.

4. A In the first paragraph, the author introduces a problem that scientists face (namely, determining the climate of the habitats of ancient species). In the second paragraph, the author discusses a technique developed to address this problem.

5. A The author states that “as global temperatures rise, more oxygen-16 than

oxygen-18 evaporates.” This statement implies that during heating periods, there is relatively less oxygen-16 in the ocean. It thus follows that the ratio of oxygen-16 to oxygen-18 must decrease.

6. B In the first paragraph, the author introduces Diamond’s theory. In the

second paragraph, the author evaluates the theory by noting its logical shortcomings.

7. A The author mentions these data as examples of what Diamond uses to

support his point.

8. D The author uses the word “fraught” in reference to what the author

believes is an erroneous assumption made by Diamond. Since the author is conveying his belief that Diamond’s thinking is flawed, he probably thinks that Diamond’s thinking is full of error. Of the choices, the word closest in meaning to full is rife.

9. Sentence 2 Although the author devotes much of the passage to evaluating

Diamond’s theory, he starts off by mentioning the line of thought that Diamond challenges. This line of thought is found in sentence 2.

10. B Freud believes that “it is the art that lends significance to the artist, and

not the other way around.” He uses this fact as justification for giving his art prominence over his personal life. The situation that most closely matches the this notion is Choice B.

11. A and C

Choice A: The author states “Freud’s tendency to deflect attention is not, as

some commentators have stated, wholly a by-product of a desire to prevent encroachments into his personal life.” The use of the word “wholly” implies that his rejection of self-promotion is somewhat motivated by a desire to maintain his privacy. Thus Choice A is correct.

Choice B: Though Freud’s beliefs about art were unorthodox for a

unorthodox motivated his rejection of self-promotion. Thus Choice B is incorrect.

Choice C: The passage implies that Freud rejected self-promotion because

he wanted to give his art “a place of prominence.” Thus Choice C is correct.

12. D The author argues that “these concerns are unfounded” based on the fact

that doctors have the ultimate say on whether to prescribe medication to a patient. For this argument to be valid, it must be assumed that the patients seeking inappropriate medications will not be able to convince the doctor to prescribe the unnecessary medications. If these patients were able to convince the doctor, then even though the doctor has the ultimate say, the critics’ concerns would be legitimate.

13. E The passage’s conclusion is that “fewer students are majoring in business

now than they did 20 years ago.” This claim is based on the fact that the percentage of students majoring in business has decreased over the past 20 years. The claim uses a percentage to draw a conclusion about an actual value. If it turns out that the number of students enrolled at these colleges had also increased, then the decrease in the percentage would not necessarily lead to a decrease in the number of students majoring in business. The correct answer is thus E.

14. C The main conclusion of the argument is “Executives at company X are

wrong to conclude that the company will see an increase in profits over the next several years.” This conclusion is supported by the evidence that competitors have recently entered the market and have developed products that will compete with Company X. A consideration against the conclusion is that profits increased in each of the five years. The first boldface is thus against the main conclusion, and the second boldface is in support of the main conclusion. The correct answer is Choice C.

15. A First, identify what is unexpected about the situation. Sepoma’s revenues

decreased even though sales of its furniture increased. How could this be the case? Sepoma must have sources of revenue other than its own furniture. Choice A is the correct answer because it shows that Sepoma makes money by selling parts to other manufacturers. If the revenue for the furniture of those other manufacturers decreased, then Sepoma’s revenue would have decreased as well.

GRE Quantitative