Reading ComprehensionDifficulty: Easy

PT150 S4 P4 Q26 ExplanationTrial and Appelate Court Research

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

TopicsAnalogyLaw

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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

Analogy

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
26.

It can be inferred, based on their titles, that the relationship between which one of the following pairs of documents is most analogous to the relationship between passage

Answer choices, explained

  1. Both Negative3% picked this

    "Negative Effects of Salt

    "Unhealthy Amounts of Salt in the

    We were hoping that Passage A's would sound more positive, like the author is defending the potential value of something that other people are trashing. In this answer, both answers seem to be stressing negatives about salt.

  2. Correct80% picked this

    "Salt Can Be Beneficial for Some

    "People with High Blood Pressure Should

    Why this is right

    This is our best match for "X is okay in some cases" "X is not cool, in this other context" Passage A is saying "independent research by judges can sometimes be beneficial". Passage B is saying "judges on appellate courts should avoid independent research".

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

  3. Bad Match for B8% picked this

    "Debunking the Alleged Danger Posed by

    "Inconclusive Research Results on the Health Effects of

    The first title is a pretty usable one for Passage A, who is responding to people who think that independent research by judges is a scary thing we should avoid. She argues that we don't have to totally avoid independent research, and in doing so she is debunking some of the opponents' fears. But the title for B has no sense of "we should not do X". It says that there are inconclusive research results, which would leave us without any takeaway. Meanwhile, passage B had a very strong and clear takeaway.

  4. Bad Match for Both6% picked this

    "Substitutes for Dietary

    "Salt Substitutes Come Under

    The 2nd title here would make some sense for Passage A, since Passage A is responding to people who oppose independent research. It's still not a great match, because it sounds like it's just describing that controversy, rather conveying the author's opinion. A better title for passage A would be, "Salt Substitutes Come Under Excessive Fire". But this answer isn't even offering that for Passage A. Passage B doesn't have anything in it that sounds like it's describing some thing that has become the target of popular criticism. The most charitable read of this answer would be thinking of "Substitutes" as "Independent Research" (and Dietary Salt would be the research presented at the trial). We'd get titles like "Judges' Substituting for Research Presented at Trial" and "Independent Research Comes Under Fire" We'd still say that the title for A conveys too little of the author's main point, and we'd say that the title for B suggests that passage B discusses a recent controversy, whereas it does not. Passage B just offers the author's opinion. It never places this in a broader "fight" that's going on.

  5. Bad Match for Both3% picked this

    "The Health Effects of Salt

    "Salt Deficiency in a Sample

    The first title is totally neutral. It isn't saying that Salt Consumption has healthy effects. We could title something, "The Health Effects of Taking Meth" and we wouldn't anticipate hearing good things about meth. Meanwhile, passage A was not neutral. The second title is also neutral. It seems to just be a descriptive article about a population that didn't get enough salt. These titles are supposed to capture the essential relationship between the two passages, and that relationship was that Passage A was defending independent research while Passage B was critiquing independent research.

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