Reading Comprehension

PT150 · S4 · P4 · Q22 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.

22.

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

  1. Correct

    should be constrained by the

    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.

    65% picked this

  2. is typically confined to standard,

    Unsupported Passage B

    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.

    17% picked this

  3. replaces, rather than supplements, party-presented

    Contradicts Passage A

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

    3% picked this

  4. should be conducted at the

    Unsupported Passage A

    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.

    12% picked this

  5. usurps the trial court's fact-finding

    Goes Against Passage A

    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.

    3% picked this

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