Reading comp PrepTest 132 · Section 1 · Question 13

Passage

Questions 9-14  .        While courts have long allowed custom-made  . medical illustrations depicting personal injury to be  . presented Remaining source text redacted.
Passage walkthrough
Passage Summary

Topic: Legal


Paragraph 1

  • Paragraph note
    • Debate on the use of custom medical illustrations in court and opponents' view (most injuries are generic, so textbooks are fine)
  • Views, minor Meta-Structures, and the author's attitude
    • Debate - Should custom-made medical illustrations be allowed in personal injury cases?
    • Author's view:
      • Debate and misinformation surrounding the topic (first sentence)
    • Opponents' view:
      • Most injuries are standard, so generic medical textbook illustrations are adequate (second and last sentences)
    • Author's attitude: "misinformation" (first sentence)

Paragraph 2

  • Paragraph note
    • Opponents' second complaint (can improve weak cases) and author's rebuttal (inadmissible without expert testimony)
  • Views, minor Meta-Structures, and the author's attitude
    • Opponents'/some lawyers' view:
      • Custom illustrations can be used to bolster a weak case when experts can't back up client's claim (first through third sentences)
    • Author's view:
      • Even if you can find an illustrator to do this, experts need to testify to accuracy (fourth and last sentences)
    • Author's attitude: "line of complaint" (first sentence); "appear to share" (second sentence); "think that they can" (third sentence); "mistaken" (fourth sentence); "would be inadmissible" (last sentence)

Paragraph 3

  • Paragraph note
    • Opponents' third complaint (can distort accurate illustrations with emphasis and coloration) and author's rebuttal (custom illustrations simplify, unlike textbooks)
  • Views, minor Meta-Structures, and the author's attitude
    • Opponents's view:
      • Emphasis/coloration/etc. can distort details, even if the illustration is technically accurate (first sentence)
    • Author view:
      • Professional illustrators strive for objective accuracy and can simplify images to the necessary information for judges/juries (second through fifth sentences)
    • Comparison, according to the author:
      • Custom illustrations can remove extraneous info that would be in a textbook (third through fifth sentences)
    • Example of complicated textbook illustration, according to the author:
      • Veins/arteries in a bone fracture case (last sentence)
    • Author's attitude: "strive for objective accuracy and avoid devices that have inflammatory potential" (second sentence); "for whose benefit" (fourth sentence); "so as to not confuse the issue" (fifth sentence); "would only get in the way" (last sentence)

Paragraph 4

  • Paragraph note
    • Author on the pros of medical illustrations (especially valuable at translating complex testimony)
  • Views, minor Meta-Structures, and the author's attitude
    • Author's view:
      • Custom medical illustrations provide a visual representation of complex ideas, which is required to help most jurors understand expert testimony (first through last sentences)
    • Author's attitude: "especially valuable" (first sentence); "data whose verbal description would be very complex" (first sentence); "find difficult to translate mentally" (second sentence); "Since, for most people, adequate understanding of physical data depends on thinking at least partly in visual terms, the clearly presented visual stimulation provided by custom-made illustrations can be quite instructive" (last sentence)

Main Point: The complaints against custom-made medical illustrations are based on misinformation and misunderstandings, and since these illustrations can help jurors and judges understand complex facts and testimony, they're especially valuable.

Meta-Structure?

Rebutting Critics: This passage most closely fits the Rebutting Critics Meta-Structure.* In such a passage, the author typically presents criticisms of the subject matter before mounting a defense against those critiques. In this passage, the author brings up a series of complaints against using custom-made medical illustrations in injury cases, only to rebut them one by one. Finally, the author asserts that they believe the use of custom-made medical illustrations are especially valuable in helping judges and jurors understand complex, technical medical testimony.

In a Rebutting Critics Meta-Structure, the main point is generally a summary of the author's defense. In this passage — since the author also makes a case for the use of custom medical illustrations — we should also include a summary of why the author endorses custom medical illustrations. So, we summarized the main point as: "The complaints against custom-made medical illustrations are based on misinformation and misunderstandings, and since these illustrations can help jurors and judges understand complex facts and testimony, they're especially valuable."

*That said, several other Meta-Structures from the Critical Meta-Structures family could apply to this passage. There is considerable overlap between the Correcting the Record, Criticizing a Viewpoint, and Rebutting Critics Meta-Structures, and any one of those could fit with this passage. Typically, when the passage frames the view the author corrects/rebuts as a misunderstanding or oversight, it’s best to consider the passage a Correcting the Record passage. If the view the author corrects/rebuts is framed as a criticism, it’s best to consider the passage a Rebutting Critics passage. If the author otherwise argues another view is wrong, unjustified, or misguided, it’s best to consider the passage a Criticizing a Viewpoint passage. We thought Rebutting Critics is the closest match to this passage — the view the author rebuts is framed as the "opponents'" view, after all — but any one of these Meta-Structure could help you understand the passage's organization and main point.

Last Thoughts?

This passage largely falls into a common pattern of a Rebutting Critics passage, where the author describes and then rebuts each criticism, one by one. But but there's a notable exception — the complaint raised in the first paragraph. There, the author doesn't immediately jump in to say why the opponents of using custom-made medical illustrations are wrong in arguing that generic images would work just as well. However, she does circle back to this when she addresses the complaint in the third paragraph, noting that such generic illustrations from medical textbooks have details that can make it harder for judges and juries to understand them.

This leads us to a larger point — using these structures/patterns to help you simplify the arguments in passages can be very important. Without seeing this pattern, it would be very hard to connect this complaint from the first paragraph with the end of the third. But stripping the passage down makes it a lot easier to see these connections, so be sure to do so when possible. And it's usually possible — it's very rare that an RC passage doesn't have some type of repeated pattern to it!

Question prompt

The author's attitude toward Remaining source text redacted.
Why the credited answer is right

Credited answer: C

The notes below walk through why it fits the stem and how to eliminate the rest.

Question Type

Legal

Strategy Overview

Review the main point, and use notes or highlighted/underlined text in the passage to recall the author's attitude on this topic, and find the answer that best reflects your understanding of the main point/author's attitude

Answer Anticipation

For Author's Attitude questions, the answer choices tend to fall into one of two categories: two-word answer choices or opinion + detail answer choices. The former generally capture only the direction (positive/negative/neutral) and strength of the author's opinion. The latter generally captures the direction and strength in one word, then fills in some details in the passage. This one falls into the latter camp.In this case, we can use our notes or what we highlighted/underlined to identify where the author expressed their opinion on medical experts in personal injury cases. Our notes discuss medical experts' testimony in the second and fourth paragraphs (you may remember this from the third question in this passage). Let's review those paragraphs, focusing on the parts we highlighted or underlined because they expressed the author's attitude.In the second paragraph, the author says that experts need to be present to testify to the accuracy of custom medical illustrations (P2, S5), so the author has a positive view of them serving as a check against inaccurate illustrations. In the fourth paragraph, the author says that medical expert testimony can be "very complex" and "relies heavily on the use of technical terminology" but that illustrations can be "quite instructive" in helping juries understand it (P3, S1-S3).So, the author thinks that expert testimony can verify the accuracy of custom illustrations and that the testimony can be hard to follow but made easier with these illustrations. Let's find an answer reflecting this qualified positive attitude.

Answer choices

  1. A
    appreciation of the difficulty Remaining source text redacted.
    Why choice A is not credited

    (A) Does this comport with the author's belief that expert testimony can verify the accuracy of custom illustrations and that the testimony can be hard to follow but made easier with these illustrations?

    This answer is definitely tempting. After all, the passage highlights the technical nature of this testimony and the inability of jurors and judges to follow all of the terminology and complexity of it (P3, S1-S3). However, this answer goes too far in stating that the author is skeptical of the effectiveness of the testimony. The author might believe that it needs visual aids to be fully comprehended, but the author also believes that such visual aids exist. So, the author less skeptical that it's effective and more a believer that it is effective with proper visual aids. That's a qualified view, which isn't the same as a skeptical one.

  2. B
    admiration for the experts' Remaining source text redacted.
    Why choice B is not credited

    (B) Does this comport with the author's belief that expert testimony can verify the accuracy of custom illustrations and that the testimony can be hard to follow but made easier with these illustrations?

    Nope. "[D]isdain" is definitely too strong here — the author isn't even contemptuous of the opposing viewpoint here! Such emotionally charged words are wrong in these questions unless the author expresses a lot of negative tonal words — which is rarely the case since the tone of RC passages is usually more academic.

  3. C
    acceptance of the accuracy Remaining source text redacted.
    Why choice C matches the stem

    (C) Does this comport with the author's belief that expert testimony can verify the accuracy of custom illustrations and that the testimony can be hard to follow but made easier with these illustrations?

    Yes! The author puts experts forward as a viable check on medically inaccurate images (P2, S5), so the author does accept that their testimony is generally accurate. The author also spends the end of the passage talking about how medical illustrations supplement such testimony since most people need to think things through "at least partly in visual terms," and the testimony itself (with its technical terminology) is hard to translate into visuals (P3, S1-S3). This answer, therefore, reflects the author's attitude towards medical expert testimony throughout the passage, making it correct. We can justifiably select (C) and advance straight to the next question.

  4. D
    respect for the medical Remaining source text redacted.
    Why choice D is not credited

    (D) Does this comport with the author's belief that expert testimony can verify the accuracy of custom illustrations and that the testimony can be hard to follow but made easier with these illustrations?

    Nope. The author never says that medical experts "try to overwhelm" judges and jurors. The author claims the terminology can be confusing (P4, S2), but not that experts actively attempt to confuse judges and jurors. And the judges and jurors being overwhelmed with details is mentioned as something that can happen with medical textbook illustrations (P3, S4-S5), not expert testimony.

  5. E
    respect for expert witnesses Remaining source text redacted.
    Why choice E is not credited

    (E) Does this comport with the author's belief that expert testimony can verify the accuracy of custom illustrations and that the testimony can be hard to follow but made easier with these illustrations?

    No. The author brings up the use of custom-made illustrations as a way to make it easier for juries to understand such technical terminology in expert testimony P3, S1-S3). So, while the author believes that such terminology is confusing to juries, the author is not intolerant towards its use -— the author just believes that it requires a visual supplement.

What this tests

Question analytics

Based on historical answer selection rates for this question.

Answer choice distribution

  1. A 12%
  2. B 3%
  3. C Credited 69%
  4. D 10%
  5. E 6%

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