Reading ComprehensionDifficulty: Hard

PT150 S4 P4 Q21 Explanation

Trial and Appelate Court Research

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsPrincipleLaw

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Passage

Passage

Why do some trial court judges oppose conducting independent research to help them make decisions? One of their objections is that it distorts the adversarial system by requiring an active judicial role and undermining the importance of evidence presented by the opposing parties. Another fear is that and may wind up using outlier or discredited scientific materials.

While these concerns have some merit, they do not justify an absolute prohibition of the practice. First, there are reasons to sacrifice adversarial values in the scientific evidence context. The adversarial system is particularly ill-suited to handling specialized knowledge. The two parties prescreen and compensate expert witnesses, which virtually ensures conflicting and detract from the legitimacy of the system. Independent research could help judges avoid such errors.

Second, a trial provides a structure that guides any potential independent research, reducing the possibility of a judge’s reaching outlandish results. Independent research supplements, rather than replaces, the parties’ the parties always frame the debate.

Passage

Regardless of what trial courts may do, appellate courts should resist the temptation to conduct their of scientific literature.

As a general rule, appellate courts do not hear live testimony. Thus these courts lack some of the critical tools available at the trial level for arriving at a determination of the facts: live testimony and cross- examination. Experts practicing in the field may have knowledge and experience beyond what is reflected the process by questioning live witnesses. However, these events can only occur at the trial level.

Literature considered for the first time at the appellate level is not subject to live comment by practicing experts and cannot be tested in the crucible of the adversarial system. Thus one of the core criticisms against the use of such sources by appellate courts is that doing so in particular, have come under criticism for their potential unreliability.

When an appellate court goes outside the record to determine case facts, it ignores its function as a court of review, and it substitutes its own questionable research results for evidence that should have been tested in the trial court. This criticism applies with full force regardless of the medium in which they are found.

What this question is testing

Principle

Your task

Pin down exactly what the question asks about the passage — a detail, the author's view, the structure, or the main point — before looking at the choices.

Common trap

Answers that restate a true detail from the passage but don't answer the specific question being asked.

Winning move

Anticipate the answer in your own words from the passage, then find the choice that matches that prediction.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
21.

Which one of the following principles underlies the arguments in

Answer choices

  1. Unsupported Both18% picked this

    It is more appropriate for trial judges to conduct independent research than for appellate judges

    Passage A doesn't take any position on appellate judges doing outside research, and Passage B doesn't take any position on trial judges doing so (she just seems tolerant of the possibility that trail judges would do outside research whereas she is not tolerant of appellate judges doing any). Even if we to say that the author of Passage B would agree with this statement, it would be hard to argue that this plays any important role in B's overall argument.

  2. Unsupported Passage B6% picked this

    Judges should conduct independent research in order to determine what evidence parties to a trial should

    This sounds pretty strong even for Passage A, but we can most easily eliminate this since it sounds like the opposite of Passage B's main point.

  3. Correct65% picked this

    Independent research by judges should not supersede evidence presented by the opposing parties

    Why this is right

    This does work as something both authors used within their arguments. Passage A was saying in its final paragraph that we shouldn't be so worried about trial judges doing outside research, since "a trial provides a structure that guides any potential independent research .... Independent research supplements, rather than replaces". Passage B was arguing that we shouldn't let appellate judges do their own research, since it would be "ignoring its function as a court of review, and it substitutes its own questionable research results". In other words, Passage A was saying, "Relax ... it's okay if trial judges to outside research. It won't supersede the adversarial testimony of the trial. The adversarial parties always frame the debate." Passage B was saying, "Appellate judges shouldn't do outside research: they're just supposed to be reviewing the trial court's ruling. It would be bad for their outside research to supersede the trial court's evidence, since the appellate judge's research is not subject to live comment by practicing experts and cannot be tested in the crucible of the adversarial system of opposing parties."

    Skill tested: Principle · how this choice captures the passage's function is the move to repeat next time.

  4. Unsupported Passage B3% picked this

    Judges' questioning of witnesses should be informed by the judges' own

    This sounds like the opposite of Passage B's main point, which is that appellate judges should not be doing any independent research.

  5. Unsupported Passage B9% picked this

    Both trial and appellate judges should conduct research based on standard,

    Passage A doesn't take any position on appellate judges and Passage B takes the position that appellate judges should not conduct research.

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