PrepTest 35, Section 3, Question 7

Difficulty: 
Passage
Game

Attorney: I ask you to find Mr. Smith guilty of assaulting Mr. Jackson. Regrettably, there were no eyewitnesses to the crime, but Mr. Smith has a violent character: Ms. Lopez testified earlier that Mr. Smith, shouting loudly, had threatened her. Smith never refuted this testimony.

Attorney: I ask you to find Mr. Smith guilty of assaulting Mr. Jackson. Regrettably, there were no eyewitnesses to the crime, but Mr. Smith has a violent character: Ms. Lopez testified earlier that Mr. Smith, shouting loudly, had threatened her. Smith never refuted this testimony.

Attorney: I ask you to find Mr. Smith guilty of assaulting Mr. Jackson. Regrettably, there were no eyewitnesses to the crime, but Mr. Smith has a violent character: Ms. Lopez testified earlier that Mr. Smith, shouting loudly, had threatened her. Smith never refuted this testimony.

Attorney: I ask you to find Mr. Smith guilty of assaulting Mr. Jackson. Regrettably, there were no eyewitnesses to the crime, but Mr. Smith has a violent character: Ms. Lopez testified earlier that Mr. Smith, shouting loudly, had threatened her. Smith never refuted this testimony.

Question
7

The attorney's argument is fallacious because it reasons that

aggressive behavior is not a sure indicator of a violent character

Smith's testimony is unreliable since he is loud and aggressive

since Smith never disproved the claim that he threatened Lopez, he did in fact threaten her

Lopez's testimony is reliable since she is neither loud nor aggressive

having a violent character is not necessarily associated with the commission of violent crimes

C
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