Reading comp PrepTest 142 · Section 3 · Question 15

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

By saying that certain 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
    inclines juries to regard Remaining source text redacted.
    Why choice A matches the stem
    Correct. Question Type:
    Must Be True

    Strategy Overview:
    Review what the Author says the goal of the strategy is and then define effectiveness in that context

    Answer Anticipation/Relevant Lines:
    This question asks about what it means that the Author calls something effective, and that is inherently tied to a goal—to be effective means to help achieve a goal. So we should check to see what the goal of stealing thunder is, and then define effectiveness through that lens.

    We know from our notes that Paragraph 1 describes the legal strategy of stealing thunder and the rationale behind it, so we should check there for what it's designed to do. And there, we can see that if the damaging info is likely to be revealed at trial, it "should be volunteered" to prevent it from "be[ing] more damaging" (Lines 7-10).

    So with the goal of lessening the damage done by negative information in mind, we can define effectiveness—which is always going to be defined as how well something achieves a goal. In stating that the technique stealing thunder is, in fact, effective, then, the Author must believe that it successfully decreases the amount of damage done by negative information likely to come out in trial. Let's find an answer stating that.

    Answer Explanation:
    (Lines 7-10) This answer lines up perfectly with our anticipated answer. The goal of stealing thunder, as outlined in the first paragraph, is to decrease the amount of damage done by a negative revelation. As such, if stealing thunder is effective, then it would decrease that amount of damage. This answer states just that, making it correct.

    Key Takeaway:
    There are some judgments that the LSAT expects you to clearly understand what they mean. Effectiveness is one of them, and it's tied to a commonly important topic on the LSAT—goals. Effectiveness is defined as how well something helps to achieve a goal.
  2. B
    is a reliable means, Remaining source text redacted.
    Why choice B is not credited
    Incorrect. (Lines 29-33) While the second reason that stealing thunder is introduced references the ability of jurors to form counterarguments, in that section, it's stated that the jurors are the ones who are forming those counterarguments. As such, this answer about lawyers themselves presenting such counterarguments and thus undercutting the ability of the opposing side to persuade is incorrect.
  3. C
    invariably results in cases Remaining source text redacted.
    Why choice C is not credited
    Incorrect. (Lines 41-42; Lines 54-59) This answer is way too strong in stating that it "invariably" results in success for those using it. The Author notes limitations to the technique, so there's no indication she believes it always works. Even without those limitations, there would need to be a statement in the stimulus strong enough to justify such an extreme answer, and no such statements exist (after all, we would have noted it!).
  4. D
    appears generally to succeed Remaining source text redacted.
    Why choice D is not credited
    Incorrect. (Lines 50-54) Capturing the attention of jurors? That's not mentioned in the passage. The closest we get to talking about how jurors are feeling is in Paragraph 3, where it discusses their desire to make up their minds—not their inability to focus.
  5. E
    more often than not Remaining source text redacted.
    Why choice E is not credited
    Incorrect. (Lines 11-12) There are no empirical studies done on the actual use of stealing thunder in the courtroom, so it can't be established that, in the real world, it works more often than it doesn't.

What this tests

Question analytics

Based on historical answer selection rates for this question.

Answer choice distribution

  1. A Credited 74%
  2. B 7%
  3. C 5%
  4. D 5%
  5. E 9%

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