Reading ComprehensionDifficulty: Hard

PT150 S4 P4 Q27 Explanation

Trial and Appelate Court Research

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

TopicsAuthor's AttitudeLaw

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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's Attitude

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
27.

The stances of the authors of passage A and passage B, respectively, toward independent research on the part of trial judges are

Answer choices

  1. Bad Match for A and B12% picked this

    resigned acceptance and implicit

    Resigned acceptance means, "sigh, fine. I'll accept it, I guess." The author of A wasn't being forced by anyone to tolerate independent research by judges. She was writing this essay, sticking up for its validity. That's more positive and proactive than "resigned acceptance". Passage B is explicitly noncommittal to the subject of trial judges, so we're not allowed to infer any attitude from passage B, even implicit negativity.

  2. Bad Match for A7% picked this

    cautious ambivalence and strict

    Passage B was certainly neutral, so that part's good. But we want a more positive description for A: amenable, sympathetic, agreeable This author is writing this passage in response to people who want to totally prohibit independent research by judges. She is defending the practice, saying it has merits and there are safeguards against its potential drawbacks. Cautious Ambivalence is like, "Ohhhh, boy. I'm not sure about this. I dont know if I'm gonna like this." To be ambivalent (ambi + valence = both charges) is to have both positive and negative feelings in a way that cancels out. You feel unsettled by indecision, because you don't know whether you like it or not.

  3. Bad Match for A and B7% picked this

    reasoned skepticism and veiled

    We want something positive for passage A, and reasoned skepticism is not positive (it's not super negative, but it's definitely not positive). The author of A didn't seem tepid, ambivalent, cautious, skeptical, resigned. She wrote a passage to stick up for the practice of independent research. Passage B is explicitly noncommittal to the subject of trial judges, so we're not allowed to infer any attitude from passage B, even veiled negativity. Antipathy (anti + pathos = bad feeling) means strong dislike. Whenever we run into an ex-boyfriend or girlfriend and we tell them that our new relationship is going well, that disingenuous smile on our ex's face while they're saying, "I'm so happy for you!" is veiled antipathy.

  4. Correct58% picked this

    qualified approval and explicit

    Why this is right

    Passage B was definitely explicitly noncommittal, because it just quickly opened with, "Regardless of whatever trial courts do, appellate courts ...." (I actually predicted the right words! Didn't expect that) Passage A's portion is a little tougher to love, but we're happy to see that the main noun is approval. Qualified approval means that you approve of something, but with some qualms / exceptions. If I say, "I'm glad Biden got elected, but I don't think he'll do enough to address climate change", that's qualified approval. If I say, "The movie was pretty good. I liked all the parts with the car chases", that's qualified approval. The author's main point sentence (the first sentence of the 2nd paragraph), expresses qualified approval. Qualm / qualification: while these concerns have some merit Approval Some cases of this practice should be tolerated (this practice should not be 100% prohibited)

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

  5. Bad Match for A and B16% picked this

    forceful advocacy and tentative

    The easiest way to eliminate is the passage B option. Only two of the five answers showed that passage B had a neutral / noncommittal stance. This answer says that B was "opposing". Additionally, the descriptor forceful advocacy is too strong for passage (A), who says "the concerns about independent research by judges do have some merit".

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