PrepTest 142
[lcid:3666] Prep Test 142 LSAT — Reading Comp — S3
Reading comp
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
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.
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 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 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
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 passage most strongly
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
-
AA lawyer should be Remaining source text redacted.
Why choice A is not credited
Incorrect. (Lines 48-50) This is a part of the analysis put forward by the Author of the passage, but it isn't shown to be a part of the analysis done by lawyers. -
BA lawyer should take Remaining source text redacted.
Why choice B is not credited
Incorrect. (Lines 50-51) The Author states that jurors tend to have little information ahead of the case, but she doesn't talk about how the analysis of whether to use stealing thunder changes if they have more information. And, regardless, this answer reflects the Author's viewpoint, not that of the lawyers. -
CThe decision should be Remaining source text redacted.
Why choice C is not credited
Incorrect. First, there's no discussion of how opposing lawyers will respond. Second, the discussion of jurors is from the viewpoint of the Author, not of the lawyers. -
DThe decision should depend Remaining source text redacted.
Why choice D matches the stem
Correct. Question Type:
Must Be True
Strategy Overview:
Review what lawyers think, and then anticipate an answer based on that
Answer Anticipation/Relevant Lines:
This question asks us to find an answer that a certain viewpoint would agree with. While these usually deal with the Author's viewpoint (and, when the question doesn't ask about one, we default to treating it as asking about the Author), but this one asks about the lawyers. Lucky for us, we've prepared for the exam, so we know that we should always be tagging viewpoints!
And here, we can see that Paragraph 1 and the first part of Paragraph 2 mention what lawyers believe.
Paragraph 1 talks about stealing thunder as a strategy used by lawyers—so lawyers must believe that it's effective in at least some cases. Does Paragraph 1 define what those cases are? Yep—when a weakness is known by opponents and will be "exploited" by them at trial (Lines 4-6), then "many lawyers believe" (Line 7) that information should be offered first in order to undercut it. And outside of them using it implying they find it effective, the Author explicitly states this in Paragraph 2 (Lines 16-17).
That's the extent of the discussion we get of the lawyers' viewpoint, so let's find an answer that lines up with that.
Answer Explanation:
(Lines 4-8) The Author notes that "many lawyers believe" a weakness likely to come out at trial should be revealed by the party with the weakness first. Since whether something is likely to come out in trial necessarily relies on an analysis of how likely it is that the opposing party will bring it up, and they would only bring it up if they believe it'd help them, this answer is correct.
Key Takeaway:
Note how many of these answers reflect the Author's viewpoint instead of the lawyers. In general, questions on RC will ask about the Author's viewpoint. Even when the question is about something the passage states, that refers to what the Author has decided to include. As such, it's very important to always be clear on whose viewpoint the question is asking about, as it's almost guaranteed that there will be answers reflecting an alternative viewpoint, if one exists in the passage. Knowing this can also help you eliminate incorrect answers—if you can attribute the answer to a viewpoint other than the one being asked about, you can safely eliminate it (as long as that viewpoint disagrees with the one in question). -
EThe decision should be Remaining source text redacted.
Why choice E is not credited
Incorrect. (Lines 11-12; Line 19) First, the Author notes that there haven't been empirical studies on stealing thunder, so legal statistics on this front don't exist. Second, no one says that stealing thunder requires understanding the psychology underlying it! It could be that some best practices have developed based on personal experience rather than a close reading of relevant psychological studies. And, in any case, the lawyers in the passage never talk about those studies, so this answer is out of scope of their viewpoint, which is the one the question cares about.
What this tests
Discussion
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