Reading ComprehensionDifficulty: Hard

PT150 S4 P4 Q22 Explanation

Trial and Appelate Court Research

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

TopicsAuthor OpinionLaw

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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

Author Opinion

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
22.

It can be inferred that each author would agree that if judges conduct independent

Answer choices

  1. Correct64% picked this

    should be constrained by the structure of

    Why this is right

    This is what we predicted. It's supported by the final paragraph of passage A, and it's supported by the second paragraph of passage B. Both author stress that the adversarial trial system is a good safeguard against judges going too far off the map with their own independent research.

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

  2. Unsupported Passage B17% picked this

    is typically confined to standard, reliable

    The author of passage B does not take it as a typical given that judges doing their own research will confine themselves to reputable sources. At the end of his 3rd paragraph, he seems specifically worried that judges will end up using internet sources that are unreliable.

  3. Contradicts Passage A3% picked this

    replaces, rather than supplements, party-presented

    Passage A says in its final sentence that this research supplements, rather than replaces the evidence presented by the two parties in the trial.

  4. Unsupported Passage A13% picked this

    should be conducted at the trial level but not at the

    There's nothing in Passage A about the appellate level, so we have no idea what A would say about that. And Passage B did not say anything strong enough to justify that it should be conducted at the trial level.

  5. Goes Against Passage A3% picked this

    usurps the trial court's fact-finding

    A's final sentence is that independent research "supplements, rather than replaces" the evidence presented by the two lawyers. It's too strong to say that Passage A thinks that independent research usurps (overthrows) the trial court's fact-finding function. This language comes from Passage B, which was talking about what happens when an appellate judge does independent research.

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