Critique Β·Author thinks "outcomes analysis" is misguided
I take it that "outcomes analysis" is Zirkel's social science technique. I predict that the next paragraph will tell us why the author thinks that's misguided.
Ah, this makes sense. The cases are too different: quality of evidence; attitude of judge; types of cases; etc. For "outcome analysis" to be predictively useful, a major assumption is that the cases are relevantly similar.
Researcher reads opinions to figure out which variables the judge thought was important in deciding the case. It then uses statistical methods to figure out the causal impact of those variables.
Researcher reads transcripts to figure out which variables and kinds of evidence contributed to the verdict. Presumably the researchers also use statistical tools to figure out causal impact.
Policy capturing involves reading each legal opinion and identifying variables discussed in the opinion. The approach discussed in the last two sentences, on the other hand, involve reading transcripts of cases and identifying variables from the transcripts.
a
makes use of ββββββββ βββββββββββ ββ β βββββββ ββββββ ββ βββββ
Not supported, because we have no evidence that the transcript-reading approach involves a greater number of cases. Although this approach involves reading transcripts βduring a certain time period,β we have no idea whether the number of cases from that time period must be greater than the number of cases evaluated by the policy capturing approach.
b
focuses more directly ββ ββββββ ββ βββββββ ββ βββββββββ
The author doesnβt suggest that evaluating transcripts will help a researcher focus more βdirectlyβ on issues a plaintiff is concerned about. This approach does identify different kinds of variables, but we have no reason to think the variables identified by the transcript-reading approach focus more βdirectlyβ on issues than the variables identified by the policy capturing approach.
c
analyzes information that ββ ββββ ββββββ βββ βββββββββ ββββββββ βββββββ ββββββ
We donβt have any basis to think that the approach in the last two paragraphs involves information thatβs more recent. Although it involves evaluating transcripts during a βcertain time period,β we have no reason to think this time period must be more recent than the time period of the opinions evaluated by policy capturing.
Supported, because the approach discussed in the last two paragraphs involves reading transcripts. Transcripts are a record of everything said in court. The policy capturing approach, however, involves evaluating judgesβ opinions, not the transcripts. The transcript-reading approach can assess things that arenβt specifically mentioned in the opinion, because we have no reason to think a legal opinion captures everything thatβs in a transcript.
We have no reason to think the approach discussed in the last two passages can eliminate bias from the researcher. A researcher who evaluates transcripts might still bring in their own biases to how they interpret the transcript.
Difficulty
51% of people who answer get this correct
This is a very difficult question.
It is significantly harder than the average question in this passage.
CURVE
Score of students with a 50% chance of getting this right
25%154
167
75%180
Analysis
Stated
Critique or debate
Law
Problem-analysis
Answer Popularity
PopularityAvg. score
a
23%
166
b
16%
164
c
9%
164
d
51%
170
e
2%
159
Question history
You don't have any history with this question.. yet!
You've discovered a premium feature!
Subscribe to unlock everything that 7Sage has to offer.
Hold on there, stranger! You need a free account for that.
We love that you want to get going. Just create a free account belowβit only takes a minuteβand then you can continue!
Hold on there, stranger! You need a free account for that.
We love that you came here to read all the amazing posts from our 300,000+ members. They all have accounts too! Just create a free account belowβit only takes a minuteβand then youβre free to discuss anything!
Hold on there, stranger! You need a free account for that.
We love that you want to give us feedback! Just create a free account belowβit only takes a minuteβand then youβre free to vote on this!
Subscribers can learn all the LSAT secrets.
Happens all the time: now that you've had a taste of the lessons, you just can't stop -- and you don't have to! Click the button.