PrepTest 150, Section 4, Question 21
Passage A Why do some trial court judges(458 more words not shown)
Passage A(204 more words not shown)
Passage B(262 more words not shown)
Which one of the following(7 more words not shown)
- AIt is more(15 more words not shown)
- BJudges should conduct(17 more words not shown)
- CIndependent research by(13 more words not shown)
- DJudges' questioning of(10 more words not shown)
- EBoth trial and(10 more words not shown)
Reading the passage
The two recommendations concern different courts, so we need a principle supported by each author. A allows research at trial but says it supplements the parties' evidence. B objects to appellate courts replacing the trial record with their own findings.
What we’re looking for
That gives us a shared boundary: the judge's research should not take the place of the evidence presented and tested through the parties. Support in only one account will not establish a principle underlying both.
Working the answers
- A
This is a tempting summary of the two recommendations combined, but A never discusses appellate judges. We cannot assume its author agrees with B's restriction on appeals. A comparison between the two court levels needs support from each author.
- B
A discusses research helping judges avoid admissibility errors. B, however, does not recommend independent research as the way to decide what trial evidence to allow. It sets aside the trial-court question and argues against appellate research.
- CCorrect
A says research “supplements, rather than replaces” the parties' presentation. B criticizes an appellate court for substituting its own questionable findings for evidence that should have been tested at trial. Both support keeping independent research from superseding the parties' evidence.
- D
B mentions trial judges questioning live witnesses, but neither that description nor A's general support establishes this particular requirement about what should inform the questions. We lack a shared recommendation linking questioning to the judge's own research.
- E
B explicitly argues that appellate courts should resist independent scientific research. Requiring reliable sources does not turn that opposition into a recommendation that both court levels conduct it.
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