PrepTest 142, Section 3, Question 16

ApplicationDifficulty5 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 passage most strongly implies(16 more words not shown)

Reading the passage

Whose view is the question asking for? Many lawyers' view, reported in the first paragraph. They favor volunteering a weakness when the opposition is likely to reveal it; otherwise a hostile revelation could do more damage. If the opponent doesn't know the fact or wouldn't use it, there is no point in supplying it yourself.

What we’re looking for

Predict a decision based on whether the opposing side is likely to exploit the information. Keep that reported view separate from the author's later psychological analysis.

Working the answers

  • A

    Positive framing is discussed in the final paragraph, so this sounds familiar. But the question asks what many lawyers believe, and that particular concern isn't attributed to them. A supported idea still needs to belong to the requested speaker.

  • B

    The reported decision rule concerns the opposition's likely use of the weakness. It doesn't mention jurors' knowledge of facts before the trial.

  • C

    Careful deliberation sounds sensible, but this broad checklist of jurors' and opposing lawyers' positive and negative reactions isn't the belief we are given.

  • D
    Correct

    This matches the first paragraph. Whether the opposition is likely to gain an advantage from revealing the weakness helps determine whether the lawyer should get ahead of that attack. Mere knowledge is not the whole issue; the opponent's likely use matters too.

  • E

    Psychological research supports the author's explanation. That doesn't mean many lawyers believe the decision should depend on knowing that research and legal statistics. Familiar terminology cannot supply the missing attribution.

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