Reading Comprehension

PT150 · S4 · P4 · Q24 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.

24.

Given the statements about cross-examination in the fourth sentence of the second paragraph of passage B, the author of passage B would be most likely to take issue with which one of the following claims by the author of passage A?

  1. An absolute prohibition of independent

    Unrelated to Goal

    This sentence has nothing to do with cross-examination. Also Passage B wouldn't necessarily disagree with this. She never takes a stand on whether judges at the trial court level should be allowed to do independent research.

    6% picked this

  2. Correct

    The adversarial system is particularly

    Why this is right

    This is what we anticipated. Passage B would disagree with this, because passage B thinks that the adversarial system involves cross-examination, which allows "adverse parties to test the credibility and reliability of the expert witnesses".

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

    72% picked this

  3. Scientific admissibility decisions exert considerable

    Unrelated to Goal

    This sentence has nothing to do with cross-examination. Also Passage B wouldn't necessarily disagree with this. She never takes a stand on whether scientific admissibility decisions influence future cases (presumably both authors believe in the idea that future cases rely on precedent).

    5% picked this

  4. Erroneous decisions can be readily

    Out of Scope: readily exposed

    Passage A never really says that erroneous decisions can be easily exposed by a third party. He says that "erroneous decision detract from the legitimacy of the system". And he thinks that a trial provides a structure that guides independent research, reducing the possibility of a judge's reaching outlandish results . Passage B would probably agree with all these things, and none of this really has anything to do with Passage B's thoughts on cross-examination.

    8% picked this

  5. A trial provides a structure

    Passage B Probably Agrees

    Because of Passage B's firm confidence in cross-examination, she would potentially agree that an adversarial trial constrains the judge's fact-finding. Passage B doesn't want independent research at the appellate level because judges at the appellate level don't have a structure constraining their potential independent research.

    9% picked this

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