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Why New York Passed Truth-in-Testing

New York enacted Truth-in-Testing legislation because New York PTA, New York Educators Association. New York Personnel and Guidance Association, NAACP. Puerto Rican Legal Defense Fund, New York State Consumer Protection Board. New York State English Council, National Conference of Black Lawyers. New York's Attorney General's Office, and dozens of research scientists, including three former ETS employees, joined the student directed New York Public Interest Research Group (N.Y. PIRG) in enthusiastically supporting the measure.

These individual and organizations supported the bill because they were

⚫ worried about test publishers' repeated claims that
they rarely, if ever, make processing mistakes.
when errors affecting at least 450,000 students'
scores have occurred in the past few years (The
next issue of The Testing Digest will document
these errors.)

worried that The National Conference of Black
Lawyers reported that black law school applicants
who had comparable grades (IG.PA.), iden-
tical majors, and attended the same undergraduate
institutions as their white counterparts, scored
over 109 points lower on the LSAT (See Fall 1980
Testing Digest)

⚫ worried that ETS awarded students precise "apti-
tude" scores, when their own studies indicated that
there is a 10% chance that a students score will
fluctuate over 50 points in either direction if he re-
takes the test. This fluctuation is important because
on most ETS tests a 500 is the 50th percentile while
a 600 is the 84th percentile.

(continued on page 11)

Question 44

In pyramids ABCD and EFGHI shown above all faces except base FGHI are equilateral triangles of equal size. If face ABC were placed on face EFG so that the verticies of the triangles coincide, how many exposed faces would the resulting solid have?

(A) Five (B) Six (C) Seven (D) Eight (E) Nine PSAT October 1980

ETS and the panel of 16 college professors the testing firm hired to review their math tests both agreed that on the above item choice (C) seven was correct. Daniel Lowen, a 17-year-old Cocoa Beach Florida High School student, convinced the testing company that answer (A) five was correct (see p. 15 for solution).

ETS Senior Vice President for Testing Programs told The New York Times (3/17/81 pg. 1) that the question was "a lousy item." He continued, that in the future new safeguards would be added to assure test quality.

PSAT scores are used to award millions of dollars for scholarships and for admissions to Minnesota's colleges and universities. Because the discrepancy was identified, thousands of students' test scores were upgraded by between one and two percentage points-points that could prove the difference between them winning and losing one of the 4.700 financial scholarships and/or 50.000 "letters of commendation the multi-million dollar National Merit Scholarship Program annually awards students with high PSAT scores.

The PSAT Mr. Lowen took was composed of old Scholastic Aptitude Test (SAT) questions. ETS Public Relations Director. Robert Moulthroup said. that in the past about 80.000 high school students SAT scores were too low because they selected choice A and were marked wrong.

The October 1980 PSAT was the first PSAT ever to be released to the public.

Appendix D-LSAT questions released as a result of Truth-in Testing legislation

12. De you think that our university ought to go on discriminating against disadvantaged students by continu

Ing its current admissions policies?

In terms of its logical features, the question above most
closely resembles which of the following?

(A) Do you think that whatever prople do la right?
(B) Should your neighbor stop beating his wife?

(C) Do you think children should be taught to believe in
the devil?

(D) Should force be used to prevent a person from com mitting suicide?

(E) Does power corrupt people and absolute power cor rupt them absolutely?

Questions 3-4 refer to the following padsage

A servant who was roasting a stork for his master was prevailed upon by his sweetheart to cut off one of its legs for her to eat When the bird was brought to the table, the master asked what had become of the other leg The man answered that storks never had more than one leg. The master, very angry but determined to rander his servant speechless before he punished him, took the servant the next day to the fields where they saw storks, each standing on one leg. The servant turned triumphantly to the mas Ger, but the master shouted, and the birds put down their other Ings and flew away "Ah, ar," said the servant, “you did not shout to the stork at dinner yesterday. If you had, he too would have shown his other leg

PRINCIPLE 2

An amault is a threat mode intentionally; in words or gesture b ant person against another to inflict bodily injury by force. It must appear to the intended victim that the aggressor has both the intent and the apparent ability to harm him, so that the per on so threatened in put in reasonable fear of immediate bodily barm

16. As Sally walked home one evening, she noticed that she was being followed by a man she did not know When she started to na, he ran too, without saying anything She stumbled, fell and broke her log When it was apparent that she was bart, her pursuer allently turned and ran away. He was caught and was identified as Jones. In a suit by Sally against Jonas masak, she will

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Well,

4. How many real men use He-Man Cologne we've been checking the locker rooms here at Mammoth Stadium. The best pro football teams And nine out of in the country are with us today ten of these top athletes have He-Man Cologne in their lockers. Shouldn't you be using it too? It is likely that the appeal of the advertisement above would be weakened LEAST by evidence that (A) He-Man Cologne manufacturers had given complimentary bottles of cologne to the players just before the game at Mammoth Stadium

(B) people generally believe a man who uses

cologne cannot be a "real man" no matter what evidence exists to the contrary (C) the person who wrote the advertisement

neither uses He-Man Cologne nor fits the stereotype of the "real man"

(D) most people do not consider football players to be "real men"

(E) He-Man Cologne is used by more women than

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(A) I only

(B) II only

(C) III only (D) I and II only

(E) I, II, and !!!

23. Of the following, which expresses the most sound and relevant criticism of the feminist's main point" (A) Self-protection and protection by the larger society are not incompatible.

(B) The original motives leading to laws to
protect women were admirable ones
(C) All people have the right to life, liberty, and
the pursuit of happiness.

(D) Equal rights imply equal responsibilities.
(E) Men as well as women need society's pro-
rection

9. The women enrolled in the judo course in order to learn ways to protect oneself from an experienced instructor

(A) learn ways to protect oneself from an experienced instructor

(B) learn ways to protect herself from an experienced instructor

(C) learn ways of protecting themselves from an experienced instructor

(D) learn, from an experienced instructor, ways

to protect themselves

(E) learn, from an experienced instructor, in

what way to protect oneself

Case 1

In 1965, Boutin discovered that Chisholm, the owner of a certain farm, had left the state because Chisholm was being sought by the police. Believing that he was' entitled to do so. Routin moved into the farmhouse in that year and acted as though he owned the house. He stayed there most nights, occasionally went away for the weekend, and took two weeks vacation each year. He used the garage and mowed the lawn around the house but did nothing with the balance of the property. The balance had originally been used for crops. Routin discoveral in 1976 that Chisholm had finally heen arrested in 1971 and convicted of a crime and was in jail. In 1973, while Boutin was on a short vacation, Perrier used the farmhouse for one day. She caused damage to one of the rooms by starting a fire. The room has since been kept locked by Boutin, who had used it before the fire but no longer did thereafter. In 1974, Lorenz, a neighhor, carelessly started a fire which caused the destruction of the garage. Lorenz did not have Boutin's permission to be on the premises. At the time of the fire, Boutin had been using the garage but thereafter did not use . Boutin did not repair the structures damaged by fire.

27. Unknown to both Malcolm and his family, Malcolm Buffered from a terminal and incurable cancer. Malcolm applied to XYZ Insurance Company for a life insurance policy which did not require an examination by a doctor. One of the questions on the application asked whether the applicant was suffering from cancer. Malcolm answered in the negative. Malcolm died two years after the policy on his life was issued, and the premiums were paid in full. When an autopsy was performed, XYZ learned that Malcolm's death had heen caused by an advanced, malignant growth on the lungs. XYZ refused to pay Malcolm's wife Norma. the beneficiary of the policy. Norma sued for payment of the benefit. Held, for Norma.

The narrowest principle that reasonably explains this result, and is not inconsistent with the ruling given in the preceding case, is:

(A) A contract for life insurance takes effect as soon as the first premium has been paid, and the obligations undertaken in the contract cannot thereafter be invalidated. (B) A contract cannot be volded by a party to a contract for misrepresentation because of a false statement if the person making the statement, either the other party or his representative, did not know and had no reason to believe that the statement was false.

(C) A party who fails to investigate the truth of statements on which a contract is based cannot later claim that the contract is Invalid because of the falsity of those Statements.

(D) A contract cannot be voided unless the parties have each been wronged by the other by reason of the falsity of statements on which the contract was based or by breach of promises made in the contract.

3. Before he was assassinated by his brother in 1828, King Shaka built a Zulu empire extending over hundreds of thousands of square miles and that contained some two million inhabitants.

(A) extending over hundreds of thousands of square miles and that contained

(B) extensive over hundreds of thousands of square
miles, and it contained

(C) that extended over hundreds of thousands of
square miles and containing

(D) that extended over hundreds of thousands of

square miles and contained

(E) which was extending over thousands of square miles and containing

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23. Carla was hurrying down the sidewalk toward a subway station on her way to the airport when her way was blocked by Lennox, a tall young man. Lennox said that everyone who passed by there hac to pay toll and demanded twenty-five cents. Carla was angered, refused to pay, turned and walked all the way around the long block to her station. As a result, she missed the plane she was going to take and had to take a train to another city, where she had an appointment for an employment interview. The appointment had to be rescheduled, an Carla lost two Jays' pay from her current job because of the delay Carla sued Lennox for false imprisonment and claimed damages for her loss of pay. Held, for Lennox.

The narrowest principle that reasonably explains this result, and is not inconsistent with the ruling given in the preceding case, is:

(A) False imprisonment cannot occur in an open
and public place.

(B) Restriction of a person's movement, if the
restriction results in delaying but not in
preventing a person from executing his plan
does not constitute false imprisonmen!
(C) Restraint of movement is not false imprison-
ment if an alternative way of departure is
left open.

(D) Damages for false imprisonment may not be
recovered for delays occasioned by the
imprisonment.

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