PrepTest 142, Section 3, Question 13

Author's OpinionDifficulty2 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)

The author's attitude regarding stealing(7 more words not shown)

Reading the passage

The author thinks stealing thunder can work and explains why. Simulated trials provide some evidence, and credibility, advance warning, reduced novelty and framing supply psychological support. The author also recognizes a limit when information is very damaging. Predict approval with qualifications, not unreserved enthusiasm or general skepticism.

Working the answers

  • A

    The author identifies drawbacks, but never worries that growing popularity will make lawyers overlook them. That predicted effect of the technique becoming common is added by the answer.

  • B

    The favorable first half is tempting, but the opening-statements restriction isn't supported. We need to get ahead of opposing disclosure; the author doesn't say the strategy loses its value outside opening statements.

  • C

    Nothing accuses the research of omitting crucial anecdotal evidence. The lack of testing in actual trials is acknowledged, but that isn't the criticism C attributes to the author.

  • D
    Correct

    Both grounds for approval are here: experimental findings and psychological explanations. This matches the overall positive assessment without claiming that the technique always succeeds.

  • E

    The author doesn't distinguish experienced lawyers from novices or warn that lengthy experience is needed. That might be a separate practical concern, but it isn't the attitude expressed here.

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