Reading comp PrepTest 142 · Section 3 · Question 11

Passage

Questions 9-16  .        "Stealing thunder" is a courtroom strategy that  . consists in a lawyer's revealing negative information  . Remaining source text redacted.
Passage walkthrough
Passage SummaryTopic: Legal Studies

Paragraph 1
  • Paragraph note
    • A legal strategy used by lawyers is described, and the rationale behind it explained
  • Views, minor Meta-Structures, and the author's attitude
    • "Stealing Thunder" (ST)
    • Strategy - Revealing damaging information about yourself before your opponent can
    • Use (Lawyers) - Only when that damaging info will come out/opponent knows
    • Rationale - Less damaging if you're the one to reveal it
Paragraph 2
  • Paragraph note
    • Reasons why ST is effective
  • Views, minor Meta-Structures, and the author's attitude
    • No research, but lawyers believe, and it's backed up
    • Psychological reason - Revealing damaging info increases your credibility
    • Psychological reason - Previewing the opposition's argument gets people primed to be critical of it/resist persuasion
    • "Economic" reason - Scarcer resources are seen as more valuable, and if both sides bring up a piece of info, it's less valuable (unless it's REALLY big)
Paragraph 3
  • Paragraph note
    • Another reason for ST is presented, and then a limitation
  • Views, minor Meta-Structures, and the author's attitude
    • Last reason - Lawyer can frame evidence to downplay it, or present it positively
    • Analogy - Like a politician spinning
    • Jurors - "Eager" to solidify their view
    • Limitation - If it can't be presented positively, it might poison the jurors and cause them to see everything negatively
Main Point:
Despite there being no research, limited trials and psychological explanations back up the effectiveness of stealing thunder, though it may have some limitations.

Key Lines:
Lines 1-4 - A strategy is described Lines 13-20 - The strategy's effectiveness is backed up
Line 20 - A first reason is introduced
Lines 25-26 - A second reason is introduced
Line 33 - A third reason is introduced
Line 41 - A limitation is introduced on the third reason
Line 44 - A fourth reason is introduced
Lines 48-50 - A limitation on the fourth reason is introduced

Meta-Structure:
List of Reasons - This passage heavily relies on working through a list of different reasons that a certain strategy works. When such a list dominates a passage, it's important to know what the list is of, where each element on it starts, and what each element generally says.

Last Thoughts:
The limitations placed on certain reasons presented in the list will definitely feature in some questions, and we should be sure that those limitations are reflected in any big-picture question, such as the Main Point question.

Question prompt

Which one of the Remaining source text redacted.
Why the credited answer is right

Credited answer: D

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

Question Type

Legal

Answer choices

  1. A
    careful timing of the Remaining source text redacted.
    Why choice A is not credited
    Incorrect. (Lines 32-33) The Author doesn't present relative timing as a factor in the success of stealing thunder. If anything, in stating that "previewing" it allows jurors to form counterarguments against what the other side will say about the information, the passage suggests that stealing thunder with more time before that information is presented would work better, giving jurors more time to form those counterarguments.
  2. B
    some lawyers' superior skill Remaining source text redacted.
    Why choice B is not credited
    Incorrect. (Lines 54-59) The Author establishes that jurors who view the stealing thunder attempt in a negative light would thus be primed to view all evidence negatively—and so the strategy would backfire. While this implies that being able to assess how jurors will view information would be helpful in whether stealing thunder would work, the question asks us for something the Author mentions as being a factor, and so this answer falls short.
  3. C
    the willingness of some Remaining source text redacted.
    Why choice C is not credited
    Incorrect. At no point does the Author limit stealing thunder to being done via a client's testimony, so this answer is out of scope.
  4. D
    jurors' desire to arrive Remaining source text redacted.
    Why choice D matches the stem
    Correct. Question Type:
    Must Be True

    Strategy Overview:
    Review the factors listed out by the Author, then head to the answers and use those notes and the passage to confirm the correct answer

    Answer Anticipation/Relevant Lines:
    This is where our list comes in handy! We noted a few factors that made stealing thunder effective. First, it increases credibility (Line 20). Second, it primes jurors to be critical of the opposing view (Lines 25-26). Third, it makes the info less scarce and thus less valuable (Line 33)—though this doesn't apply when the info is overriding. And fourth, it allows positive framing (Line 44) to prime jurors to filter future information through that lens (Lines 52-54)—though this can backfire when it's impossible to spin positively.

    Let's find an answer backed up by these reasons.

    Answer Explanation:
    (Lines 50-54) The Author states this in Lines 50-54. This can be easy to miss, but remember—in RC, viewpoints are particularly important, and subjective statements are important throughout the exam. Since these lines present the subjective desires of jurors, it's something that we should have noted, which would have led us to this answer. The passage notes that jurors want to arrive at a firm view of the case they're hearing, and so an early positive framing of damaging information might lead them to form a positive view, filtering all other information through that lens. This can backfire, but that only adds to the fact that the Author mentions this as a factor in the success of stealing thunder.

    Key Takeaway:
    Two takeaways.

    First, note if the question stem in RC asks for something that's suggested/implied by the passage, or if it's asking for something that's mentioned/stated in the passage. These will lead to different requirements for the correct answer.
  5. E
    lawyers' careful screening of Remaining source text redacted.
    Why choice E is not credited
    Incorrect. Similar to (B), this might be an implied factor in the success of stealing thunder since the views of the jurors are key to its success, but voir dire (the name for this screening process—law school isn't just in Latin!) is never mentioned by the Author, which is what the question stem asks for.

What this tests

Question analytics

Based on historical answer selection rates for this question.

Answer choice distribution

  1. A 21%
  2. B 9%
  3. C 6%
  4. D Credited 64%
  5. E 1%

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