PrepTest 125, Section 3, Question 3

ApplicationDifficulty3 of 5
Passage 1Thurgood Marshall’s innovations in public interest litigation
The questionFull text in your LawHub copy of PrepTest 125

Most of what has been written about Thurgood(466 more words not shown)

Which one of the following(27 more words not shown)

Reading the passage

What strategies should we match? Marshall chose sympathetic plaintiffs and brought in statistical evidence. Also remember the test cases: he selected litigation for its potential role in the broader campaign.

What we’re looking for

The question asks for a pair of analogous tactics, so an answer can match two of these without naming all three. We need the same functions in an environmental case, not identical civil rights subject matter.

Working the answers

  • A
    Correct

    Choosing a case for its implications for related cases matches the test case strategy. Medical testimony showing harm from pollution matches the use of expert evidence to establish the harms caused by segregation. The sympathetic-plaintiff feature is absent, but these are the two parallels the question requests.

  • B

    Urgency isn't the same as a case's usefulness in a coordinated legal campaign. Famous lawyers also aren't sympathetic plaintiffs. The answer changes both the reason for selecting the case and the people whose appeal mattered.

  • C

    Selecting favorable courts and judges isn't one of the described strategies.

  • D

    A plaintiff's needs alone don't establish the public appeal, credibility, and commitment Marshall sought. Nor are we told that he orchestrated publicity to teach the public about the issues.

  • E

    Attention to precedents has some connection to evaluating test cases, but negotiating a settlement with defense lawyers has no described counterpart. That missing second tactic prevents the pair from matching.

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