Which one of the following principles underlies the arguments in both passages?

on January 9, 2020

Why not B?

Can someone explain what makes C the right answer? And the train of thought, thanks!

1 Reply

on January 16, 2020

Hello @Jimmywantstogotolawschool,

I'll direct you to where I found support for answer choice C in each passage. Take a look at the last paragraph of Passage A. "Independent research supplements, rather than replaces, the parties' presentation of the evidence, so the parties always frame the debate." Author A is basically saying that independent research by the judge can be useful, but it is not supposed to control the trial.

Where can we find similar support in Passage B? See line 50: "Thus one of the ore criticisms against the use of such sources by appellate courts is that doing so usurps the trial court's fact-finding function." Author B would also agree that research done by an appellate judge should not override the information gathered during the trial. It is clear that both authors believe that the trial should have the priority in determining facts.

Answer choice B says the opposite. Rather than allow the judges research to guide the trial, the judges' research should be guided by the trial.