PrepTest 142, Section 3, Question 10

ApplicationDifficulty1 of 5
Passage 2Stealing thunder in courtroom persuasion
The questionFull text in your LawHub copy of PrepTest 142

"Stealing thunder" is a courtroom strategy that consists(464 more words not shown)

It can be most reasonably(16 more words not shown)

Reading the passage

Use the definition in the first sentence. A lawyer reveals something negative about the lawyer's own client before the opponent reveals it. Both parts matter: whose weakness is disclosed, and who brings it up first? An attack on the opponent or a response after disclosure won't match that sequence.

Working the answers

  • A

    This exposes a weakness in the opposing client. Stealing thunder involves volunteering a weakness in your own client before the other side can use it against you.

  • B
    Correct

    The defense lawyer volunteers the client's past plagiarism at the outset of a copyright-infringement case. That's a damaging fact about the lawyer's own client, disclosed before the opposition's revelation. It gives the lawyer the opportunity to frame the information first.

  • C

    The opposition has already revealed the criminal background. Conceding it afterward may be a sensible response, but the lawyer has missed the defining step of getting there first.

  • D

    Pointing out mistaken reasoning attacks the opponent's case. It does not disclose a damaging fact about the lawyer's own client.

  • E

    Asking jurors to consider mitigating circumstances is an argument about how to treat the client's guilt. The answer doesn't establish the specific sequence we need: volunteering negative information before the opposition reveals it. A concession by itself is not enough.

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