Reading Comprehension

PT150 · S4 · P4 · Q23 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.

23.

Which one of the following phrases is used by the author of passage B to express a concern that is most closely related to the concern expressed by the author of passage A using the phrase "lack the wherewithal" (final sentence of the first paragraph of passage A)?

  1. experience beyond what is reflected

    Bad Match

    This phrase is used about experts, not about the judges doing potentially un-savvy research.

    17% picked this

  2. may even participate in the

    Bad Match

    This comes from a line talking about a judge during a trial, talking to a live witness. So it has nothing to do with a judge, on her own time, doing research.

    2% picked this

  3. subject to live comment

    Weak Match

    This is not about judges doing their own sketchy research. It's saying that once they've done their research, any new evidence they would find and then enter into the record for an appellate ruling would not be subjected to cross examination scrutiny. This is the potential danger of judges doing their own sketchy research, but it's not directly talking about the research, the way the correct answer is.

    2% picked this

  4. Correct

    questionable research results

    Why this is right

    This is the best match for judges doing their own sketchy research, lacking the wherewithal to tell the difference between reputable info and more questionable info.

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

    72% picked this

  5. outside-the-record texts

    Weak Match

    This phrase is talking about the materials the judges would be reading while doing their independent research, but nothing in this phrase captures the idea of "sketchy / un-savvy / flawed" the way that lack of wherewithal / questionable research results does.

    6% picked this

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