Reading comp PrepTest 142 · Section 3 · Question 12

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

The author discusses the Remaining source text redacted.
Why the credited answer is right

Credited answer: A

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

Question Type

Legal

Answer choices

  1. A
    indicate that at least Remaining source text redacted.
    Why choice A matches the stem
    Correct. Question Type:
    Argument Structure

    Strategy Overview:
    Reiterate the main point of the passage and the role of the paragraph in which the relevant phrase is included, then read it in context to define its specific role

    Answer Anticipation/Relevant Lines:
    Line 58 is in Paragraph 3 and, specifically, it's where the Author is presenting a limitation on stealing thunder's effectiveness. This is to back up the passage's main point that stealing thunder is effective, even if there are some limitations on it.

    The phrase in question is included in a sentence that starts in Line 54, and it's a pivot statement ("But"), so we should check out the preceding sentence, as well. And that statement builds off of the previous statement ("therefore"), so we're heading back even further to get the full context!

    With all that noted, we can see that the relevant context is that jurors want to "solidify their position" on the case—in other words, make up their minds about it. Early positive framing—stealing thunder and framing the damaging information in a positive light—can thus result in them framing all information positively. However, if the information is instead damaging or negative, it can create a negative "cognitive framework" that the jurors will filter information through. Such a schema would thus have them view all evidence negatively.

    Since this is brought up in the context of showing a limitation on the effectiveness of stealing thunder, we can say that it's meant to show how information presented

    Answer Explanation:
    (Lines 52-54) The Author notes that the jurors, eager to make up their minds, might use "early positive framing" to guide their analysis of future information. But such a "cognitive framework" can also backfire, leading to an early negative impression leading to viewing later information negatively. This answer is therefore correct.

    Key Takeaway:
    Note that the relevant phrase was stated in a section discussing a limitation on a certain reason for stealing thunder's effectiveness. The correct answer was phrased in a neutral manner—in talking about "influence," it could be discussing a positive or negative influence. In that way, the correct answer captures the purpose of that section of the passage—to discuss how the same reasoning for stealing thunder could explain its effectiveness and a situation where it's not effective.
  2. B
    indicate that jurors bring Remaining source text redacted.
    Why choice B is not credited
    Incorrect. (Lines 50-51) In this section, the Author says that jurors often "initially have little information about the case," which is the closest that we get to this answer and runs against it. If anything, in stating that early information creates a cognitive framework, the Author argues that such cognitive biases are established during the trial.
  3. C
    suggest that damaging evidence Remaining source text redacted.
    Why choice C is not credited
    Incorrect. (Lines 52-54) Such a tempting answer! The passage does note that jurors might use this early information to form a cognitive framework, and that can color the way they view the rest of the information. However, there's no indication that this will always be the case—after all, it doesn't tie the damaging evidence later in the trial to a stealing thunder situation. If the prosecution presents a video of the defendant committing the crime on the last day of the trial, that'd probably have a pretty great impact on the trial, no matter how positive the cognitive framework of the jurors is!
  4. D
    theorize that stealing thunder Remaining source text redacted.
    Why choice D is not credited
    Incorrect. (Lines 54-56) The Author notes that stealing thunder early in a case can backfire, so she doesn't theorize that it's always best to do it early in a case.
  5. E
    speculate that creating credibility Remaining source text redacted.
    Why choice E is not credited
    Incorrect. (Lines 20-21; Liens 52-54) This answer tries to compare the value of the first reason for stealing thunder's success with its last, and such a comparison doesn't exist.

What this tests

Question analytics

Based on historical answer selection rates for this question.

Answer choice distribution

  1. A Credited 86%
  2. B 4%
  3. C 4%
  4. D 2%
  5. E 3%

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