Last visit was: 24 Apr 2024, 03:17 It is currently 24 Apr 2024, 03:17

Close
GMAT Club Daily Prep
Thank you for using the timer - this advanced tool can estimate your performance and suggest more practice questions. We have subscribed you to Daily Prep Questions via email.

Customized
for You

we will pick new questions that match your level based on your Timer History

Track
Your Progress

every week, we’ll send you an estimated GMAT score based on your performance

Practice
Pays

we will pick new questions that match your level based on your Timer History
Not interested in getting valuable practice questions and articles delivered to your email? No problem, unsubscribe here.
Close
Request Expert Reply
Confirm Cancel
SORT BY:
Date
Tags:
Show Tags
Hide Tags
User avatar
Intern
Intern
Joined: 24 Jan 2011
Posts: 10
Own Kudos [?]: 117 [16]
Given Kudos: 2
Send PM
User avatar
Kaplan GMAT Instructor
Joined: 21 Jun 2010
Posts: 132
Own Kudos [?]: 585 [0]
Given Kudos: 0
Location: Toronto
Send PM
User avatar
Intern
Intern
Joined: 24 Jan 2011
Posts: 10
Own Kudos [?]: 117 [0]
Given Kudos: 2
Send PM
User avatar
Kaplan GMAT Instructor
Joined: 21 Jun 2010
Posts: 132
Own Kudos [?]: 585 [1]
Given Kudos: 0
Location: Toronto
Send PM
Re: Citing the legal precedent set by asbestos exposure cases, a state jud [#permalink]
1
Kudos
arvindg wrote:
I chose C because (I thought) it brings out a key difference between the asbestos and the RSI scenarios. If the companies (employers) had given adequate rest time, then their employees would not have developed RSI. This places the blame on the employers instead of the computer equipment manufacturers (who are being sued).

I get the line of thinking that results in the answer A, but it would be useful to know how/why to rule out an answer such as C.


C might be a valid reason not to find the computer manufacturers liable, but it's irrelevant regarding the consolidation of the cases, which is the issue at hand.

In fact, if C were more strongly worded (more on that below), it might actually strengthen the argument to consolidate, since the same issue would arise in every case. Basically, the judge could preside over every case against the computer manufacturers together and throw them out en masse for the same reason, saving taxpayers the cost of hundreds of different trials.

Further, C does not bring out a key difference between the two types of cases - it provides no information at all about the cause of injury in the asbestos cases. Since C only provides info about one of the two, it's impossible to classify it as a "key difference" indicator.

Another reason to eliminate C is its weak language. For weakening questions, the general rules is that we want a powerful reason to doubt the conclusion. Qualified language, such as "one of the most common", generally indicates wrong answers on strengthen and weaken questions.

For example, what exactly does "one of the most common causes" mean? It could mean that it's true 80% of the time. However, it could also mean that there are 100 different causes and, at a 5% occurrence rate, this explanation is among the most common 2 or 3 of those 100. Since we can't quantify C without outside information, it can't be the right answer.

As a small aside, assumption and inference questions have the exact opposite trap; for those question types, we typically avoid extreme wording in the answers.
User avatar
Manager
Manager
Joined: 27 Jul 2010
Posts: 108
Own Kudos [?]: 252 [0]
Given Kudos: 15
Location: Prague
Concentration: Finance
Schools:University of Economics Prague
Send PM
Re: Citing the legal precedent set by asbestos exposure cases, a state jud [#permalink]
Oh nice question which takes long to understand, but at the end, everything fits together.
Btw: the judge would have a lot of work, when processing suits of GMAT test takers, because of theirs eye injury :)
User avatar
Intern
Intern
Joined: 24 Jan 2011
Posts: 10
Own Kudos [?]: 117 [0]
Given Kudos: 2
Send PM
Re: Citing the legal precedent set by asbestos exposure cases, a state jud [#permalink]
skovinsky wrote:
C might be a valid reason not to find the computer manufacturers liable, but it's irrelevant regarding the consolidation of the cases, which is the issue at hand.


Stuart, thanks for the explanation. I now get it.
User avatar
Intern
Intern
Joined: 19 Jul 2009
Posts: 35
Own Kudos [?]: 12 [0]
Given Kudos: 4
Concentration: MSc Commerce, MMS, MFin
Schools:McIntire, Fuqua, Villanova, Vandy, WashingtonU
Send PM
Re: Citing the legal precedent set by asbestos exposure cases, a state jud [#permalink]
Both A & D are valid. Question would have been great w/o D in it. Different outcomes DO lead to different rulings, it's a common sense; you dont have to be a lawyer. One is death, another is discomfort. Clearly packing them together in one case is wrong. There is a too big of a contrast between outcomes (death vs discomfort) to ignore option D.
User avatar
Manager
Manager
Joined: 14 Dec 2010
Posts: 93
Own Kudos [?]: 216 [0]
Given Kudos: 5
Location: India
Concentration: Technology, Entrepreneurship
GMAT 1: 680 Q44 V39
Send PM
Re: Citing the legal precedent set by asbestos exposure cases, a state jud [#permalink]
I went with D. But as per skovinsky, the OA is A.

Edit: I agree with PussInBoots. D is too tempting to ignore.
User avatar
Senior Manager
Senior Manager
Joined: 03 Feb 2011
Status:Impossible is not a fact. It's an opinion. It's a dare. Impossible is nothing.
Affiliations: University of Chicago Booth School of Business
Posts: 472
Own Kudos [?]: 892 [0]
Given Kudos: 123
Send PM
Re: Citing the legal precedent set by asbestos exposure cases, a state jud [#permalink]
D is a comparison trap. The answer choice will compare two things which are irrelevant to the conclusion. We are interested in "why" of consolidation rather than the "extent" of the damage.

naveenhv wrote:
I went with D. D is too tempting to ignore.
Math Expert
Joined: 02 Sep 2009
Posts: 92901
Own Kudos [?]: 618694 [0]
Given Kudos: 81586
Send PM
Re: Citing the legal precedent set by asbestos exposure cases, a state jud [#permalink]
Expert Reply
arvindg wrote:
Citing the legal precedent set by asbestos exposure cases, a state judge agreed to combine a series of workplace disability cases involving repetitive stress injuries to the hands and wrists. The judge’s decision to consolidate hundreds of suits by data entry workers, word processors, newspaper employees, and other workers who use computers into one case is likely to prove detrimental for the computer manufacturing companies being sued, notwithstanding the defense’s argument that the cases should not be combined because of the different individuals and workplaces involved.

Which of the following, if true, casts the most serious doubt on the validity of the judge’s decision to consolidate the cases?


A. Unlike asbestos exposure cases, in which the allegedly liable product is the same in each situation, the type and quality of the allegedly liable office equipment is different in each case.

B. The fact that consolidation will accelerate the legal process may prove advantageous for the defense, as it limits the number of witnesses who can testify for the plaintiffs.

C. One of the most common causes of repetitive stress injuries is companies’ failure to allow its employees adequate rest time from using computer keyboards.

D. Whereas exposure to asbestos often leads to fatal forms of cancer, repetitive stress injury typically results in personal discomfort and only rarely in unemployability.

E. The issue of responsibility for repetitive stress injury cannot be resolved without first addressing the question of its existence as an actual medical condition.


This is from the Kaplan Practice Test


KAPLAN OFFICIAL EXPLANATION:



A

We need the choice that suggests most strongly that the judge was wrong to consolidate the cases. Remember, the judge agreed to consolidate the cases based on the precedent set by asbestos exposure cases. So the best way to cast doubt on the judge's decision is to break the link between the asbestos cases (his evidence) and these repetitive stress injury cases (his conclusion). (A) points out a significant difference between the two situations. In the asbestos cases the product in question was the same in each situation, while in the stress injury cases, the type and quality of office equipment is different in each case, suggesting that there may be differences in manufacturer liabilities. So there is less of a reason for combining the individual cases, and the asbestos cases make a poor precedent.

(B) is tricky. It might seem unfair that the judge's decision may benefit the defense by limiting the number of witnesses for the plaintiffs, but (B) doesn't attack the judge's reasoning, which was based on legal precedent. Instead, (B) weakens the author's argument that the decision will hurt the defense. (C) brings up a common cause of repetitive stress injuries, but doesn't tell us that it was actually the problem in these cases. More importantly, it does nothing to show that the judge was wrong to combine the cases. (D) points out a difference between asbestos exposure and repetitive stress injuries, but it's a difference in the severity of the injuries. This doesn't indicate that the judge was wrong to see a legal parallel between the two types of cases. As for (E), the judge's decision to combine the cases doesn't in any way preclude an investigation of the medical condition that the plaintiffs claim. The judge hasn't assigned responsibility or rendered a verdict, only decided on a method of proceeding with the cases.
User avatar
Non-Human User
Joined: 01 Oct 2013
Posts: 17210
Own Kudos [?]: 848 [0]
Given Kudos: 0
Send PM
Re: Citing the legal precedent set by asbestos exposure cases, a state jud [#permalink]
Hello from the GMAT Club VerbalBot!

Thanks to another GMAT Club member, I have just discovered this valuable topic, yet it had no discussion for over a year. I am now bumping it up - doing my job. I think you may find it valuable (esp those replies with Kudos).

Want to see all other topics I dig out? Follow me (click follow button on profile). You will receive a summary of all topics I bump in your profile area as well as via email.
GMAT Club Bot
Re: Citing the legal precedent set by asbestos exposure cases, a state jud [#permalink]
Moderators:
GMAT Club Verbal Expert
6917 posts
GMAT Club Verbal Expert
238 posts
CR Forum Moderator
832 posts

Powered by phpBB © phpBB Group | Emoji artwork provided by EmojiOne