Support Β·Appellate courts don't have important tools for figuring out what's true
Live testimony from experts can help judges understand scientific stuff, and cross-examination of those experts can help discover what's true. Appellate judges don't get these things, since they happen only at the trial level.
Support Β·Appellate courts who do research risk reaching bad results; they also shouldn't read stuff that wasn't presented to the trial court
Passage Style
25.
Which one of the following βββββ ββ ββββ ββ βββββββ β βββββ βββββββ ββ ββββββ βββ ββββ βββββββββ ββ βββ ββββ ββββββββββ ββ βββ βββββ ββββββββ ββ βββ βββββ βββββββββ ββ βββββββ ββ
Question Type
Meaning in context (of word, phrase, or idea)
Structure
We only need to consider passage B for this one. The author says that appellate courts canβt test scientific evidence in the βcrucibleβ of the adversarial system. This comes just after the discussion in P5 about how this kind of evidence can be tested during trials through cross-examination. So when the author talks about a βcrucible,β heβs talking about the process of cross-examination. Weβre looking for another word he uses to refer to cross-examination.
The author uses this word to describe the desire some judges may have to do independent research, which he disapproves of. But when the author uses the word βcrucible,β heβs describing something he approves of: the process of cross-examination in a trial.
When the author talks about a βcrucible,β heβs referring to the process of cross-examination. And he says that cross-examination is a means to test the βcredibilityβ of evidence. So βcredibilityβ refers to a characteristic of evidence, while βcrucibleβ refers to a specific trial process.
The author uses this word to refer to the process of cross-examination, which is the same thing heβs referring to by the word βcrucible.β The author says that appellate courts canβt test scientific evidence in the βcrucibleβ of the adversarial system. This comes just after the discussion in P5 about how this kind of evidence can be tested during trials through the βlegal engineβ of cross-examination. So when the author talks about a βcrucibleβ or an βengine,β heβs referring to cross-examination.
d
function (second sentence ββ βββ βββββ βββββββββ ββ βββββββ ββ
When the author talks about a βcrucible,β heβs referring to the process of cross-examination. When he talks about a βfunction,β heβs referring to an overall purpose of trial courts. And he doesnβt suggest that cross-examination is the overall purpose of trial courts. Rather, fact-finding is the purpose, and cross-examination is simply one way in which thatβs done. So although βcrucibleβ and βfunctionβ are related, theyβre not referring to the same thing.
e
medium (final sentence ββ βββββββ ββ
The author uses this word when describing the kinds of independent research sources appellate judges shouldnβt use. But when the author uses the word βcrucible,β heβs not talking about independent researchβheβs talking about the process of cross-examination in a trial.
Difficulty
59% of people who answer get this correct
This is a difficult question.
It is somewhat easier than other questions in this passage.
CURVE
Score of students with a 50% chance of getting this right
25%152
159
75%167
Analysis
Meaning in context (of word, phrase, or idea)
Structure
Comparative
Law
Answer Popularity
PopularityAvg. score
a
1%
156
b
9%
156
c
59%
165
d
15%
158
e
15%
160
Question history
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