PrepTest 101, Section 1, Question 19

OrganizationDifficulty5 of 5
Passage 3Using social science to assess sex discrimination cases
The questionFull text in your LawHub copy of PrepTest 101

In recent years, scholars have begun to use(443 more words not shown)

The policy-capturing approach differs from(16 more words not shown)

Reading the passage

Both alternatives use case details, so simply doing more than counting wins and losses won't distinguish them. We need something the second approach permits that policy capturing doesn't. I'll check what each researcher actually examines, rather than rely on a vague memory of the examples.

Working the answers

  • A

    The second method covers all cases within a certain period, but we don't know how many cases policy capturing covers. Detailed information isn't unique to the second method either.

  • B

    Both methods help people assess legal cases. The writer doesn't rank the second as more directly concerned with litigants' interests.

  • C

    A specified period isn't necessarily a more recent period. No comparison of dates supports this distinction.

  • D
    Correct

    Here is the difference: policy capturing “reads each opinion,” while the other method uses “complete transcripts.” A transcript can contain details the judge doesn't mention in the written opinion. The examples of employee evaluations might initially suggest a before-court versus during-court distinction, but policy capturing studies those evaluations through the opinion. The actual difference is the source of information, not when the events occurred.

  • E

    More information doesn't guarantee that researchers' personal biases disappear. Neither technique is said to eliminate that distortion.

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