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Must Be True—PR. The correct answer choice is (E)
The author here discusses the mock trial results of jury instructions given in legal terms, versus
those given in clear, nontechnical language. When the jury instructions were more technical, the jury
tended to side with the beliefs of the judge (which they were able to determine through nonverbal
cues from the judge). When such instructions were more straightforward, however, with less
technical legal jargon, jury members were more likely to go their own way.
The stimulus is followed by a Must question stem, so the correct answer choice will present a
fact presented in the stimulus. The suggestion in this stimulus is that the manner in which jury
instructions are delivered can apparently play some role in jury behavior: in cases where more
technical language is used, the jury seems more likely to go along with the opinions of the judge.
Answer choice (A): The author does not mention the relative degree of precision in technical versus
nontechnical language. Even if you generally think of technical language as more precise, this choice
does not pass the Fact Test; because it is not confirmed by the facts in the stimulus, this cannot be the
correct answer to this Must Be True question.
Answer choice (B): As with incorrect answer choice (A) above, this choice gives us a could be
true answer, but not a must be true. It might be reasonable to believe that one’s influence increases
proportionally with one’s status, but this is not part of the discussion presented in the stimulus. The
issue of status is not discussed, and regardless, the judge maintains the same status in court no matter
how jury instructions are presented.
Answer choice (C): This is an Opposite Answer; the stimulus specifically provides that the jury
had become aware of the judge’s non-verbal behavior (and more often took the judge’s side when
technical language was used in their instructions).
Answer choice (D): Although you may agree with this statement, the author never compares real and
mock trials—real trials are not even mentioned. Since this answer fails the Fact Test, it cannot be
Answer choice (E): This is the correct answer choice; based on the example in the stimulus it
appears that members of a jury can be swayed by the type of language used in their instructions.