Reading Comprehension

PT150 · S4 · P4 · Q21 Trial and Appelate Court Research

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Passage A

Topic

Should judges and courts conduct their own independent scientific research when making decisions?

Framework

Present Debate

Main Point

The two passages debate whether it’s appropriate for judges (especially trial vs. appellate) to do independent research on scientific matters in cases: Passage A argues that trial judges should sometimes do it, while Passage B strongly urges that appellate courts should not. — Most Valuable Sentence(s): **Passage A**: (P2) **Passage B**: (P1)

Passage A: P1 – Concerns About Judges Doing Independent Research

Some trial judges oppose doing their own scientific research because they think it undermines the adversarial system (where each side brings evidence) and because judges might not be very good at research, possibly relying on bad sources.

Passage A: P2 – Why Some Independent Research Is Justified

The author admits there are valid concerns, but says judges shouldn't be completely barred from doing research—especially because the adversarial system doesn't handle complex scientific evidence well and because independent research could lead to better, more accurate decisions.

Passage A: P3 – How Independent Research Can Be Kept in Check

A trial still keeps things under control: research adds to, but doesn't replace, the parties’ evidence, so the debate remains framed by the parties and isn’t totally freeform.

21.

Which one of the following principles underlies the arguments in both passages?

  1. It is more appropriate for

    Unsupported Both

    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.

    18% picked this

  2. Judges should conduct independent research

    Unsupported Passage B

    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.

    5% picked this

  3. Correct

    Independent research by judges should

    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.

    66% picked this

  4. Judges' questioning of witnesses should

    Unsupported Passage B

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

    2% picked this

  5. Both trial and appellate judges

    Unsupported Passage B

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

    9% picked this

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