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Question 1
C
Be sure to select an answer first to save it in the Error Log before revealing the correct answer (OA)!
Difficulty:
95%
(hard)
Question Stats:
38% (03:29) correct
62%
(03:19) wrong
based on 337
sessions
History
Date
Time
Result
Not Attempted Yet
Question 2
B
Be sure to select an answer first to save it in the Error Log before revealing the correct answer (OA)!
Difficulty:
15%
(low)
Question Stats:
78% (01:00) correct 22%
(01:08) wrong
based on 428
sessions
History
Date
Time
Result
Not Attempted Yet
Question 3
D
Be sure to select an answer first to save it in the Error Log before revealing the correct answer (OA)!
Difficulty:
75%
(hard)
Question Stats:
41% (01:26) correct 59%
(01:30) wrong
based on 434
sessions
History
Date
Time
Result
Not Attempted Yet
Question 4
A
Be sure to select an answer first to save it in the Error Log before revealing the correct answer (OA)!
Difficulty:
15%
(low)
Question Stats:
78% (01:20) correct 22%
(01:33) wrong
based on 407
sessions
History
Date
Time
Result
Not Attempted Yet
Question 5
D
Be sure to select an answer first to save it in the Error Log before revealing the correct answer (OA)!
Difficulty:
45%
(medium)
Question Stats:
56% (01:07) correct 44%
(01:13) wrong
based on 395
sessions
History
Date
Time
Result
Not Attempted Yet
Question 6
E
Be sure to select an answer first to save it in the Error Log before revealing the correct answer (OA)!
Difficulty:
55%
(hard)
Question Stats:
58% (01:32) correct 42%
(01:17) wrong
based on 378
sessions
History
Date
Time
Result
Not Attempted Yet
Question 7
A
Be sure to select an answer first to save it in the Error Log before revealing the correct answer (OA)!
Difficulty:
55%
(hard)
Question Stats:
63% (01:50) correct 37%
(01:51) wrong
based on 347
sessions
History
Date
Time
Result
Not Attempted Yet
Question 8
D
Be sure to select an answer first to save it in the Error Log before revealing the correct answer (OA)!
Difficulty:
95%
(hard)
Question Stats:
25% (01:45) correct 75%
(01:31) wrong
based on 329
sessions
History
Date
Time
Result
Not Attempted Yet
“Stealing thunder” is a courtroom strategy that
consists in a lawyer’s revealing negative information
about a client before that information is revealed or
elicited by an opposing lawyer. While there is no point
(5) in revealing a weakness that is unknown to one’s
opponents or that would not be exploited by them,
many lawyers believe that if the weakness is likely to
be revealed in opposing testimony, it should be
volunteered; otherwise, the hostile revelation would
(10) be more damaging.
Although no empirical research has directly tested
the effectiveness of stealing thunder in actual trials,
studies involving simulated trial situations have
suggested that the technique is, in fact, effective, at
(15) least within a reasonably broad range of applications.
Lawyers’ commonly held belief in the value of
stealing thunder is not only corroborated by those
experimental findings; it is also supported by several
psychological explanations of why the technique
(20) should work. For one thing, volunteering damaging
information early may create an image of credibility.
Psychological research suggests that people who
reveal information that appears to be against their own
best interest are likely to be perceived as more credible
(25) and thus may be more persuasive. Stealing thunder
may also provide juries with an impetus for critical
assessment by previewing, and thus alerting them to,
testimony that the opposition plans to present. In
psychological experiments, audiences that were
(30) previously warned of an upcoming attempt at
persuasion became more resistant to the persuasive
attempt, forming counterarguments based on the
warning. Also, the value placed on a persuasive
message is probably much like the value placed on any
(35) commodity; the scarcer the commodity, the more
valuable it is. A persuasive message will thus increase
in value and effectiveness to the extent that it is seen
as scarce. In the courtroom, a piece of evidence
brought by both the prosecution and the defense, as
(40) when thunder is stolen, may be seen as less scarce—
becoming “old news.” Thus, unless that evidence is of
overriding consequence, it should carry less weight
than if it had been included only in hostile testimony.
Finally, stealing thunder may work because the
(45) lawyer can frame the evidence in his or her own terms
and downplay its significance, just as politicians
sometimes seek to put their “spin” on potentially
damaging information. However, it may therefore be
effective only when the negative information can be
(50) framed positively. Jurors, who often initially have little
information about a case, are usually eager to solidify
their position regarding the case. They can therefore
be expected to use the early positive framing to guide
their subsequent analysis of the trial information. But this
(55) also suggests limitations on the use of the technique:
when information is very damaging, stealing thunder
may create an early negative impression that forms
a cognitive framework for jurors, who then filter
subsequent information through this schema.
consists in a lawyer’s revealing negative information
about a client before that information is revealed or
elicited by an opposing lawyer. While there is no point
(5) in revealing a weakness that is unknown to one’s
opponents or that would not be exploited by them,
many lawyers believe that if the weakness is likely to
be revealed in opposing testimony, it should be
volunteered; otherwise, the hostile revelation would
(10) be more damaging.
Although no empirical research has directly tested
the effectiveness of stealing thunder in actual trials,
studies involving simulated trial situations have
suggested that the technique is, in fact, effective, at
(15) least within a reasonably broad range of applications.
Lawyers’ commonly held belief in the value of
stealing thunder is not only corroborated by those
experimental findings; it is also supported by several
psychological explanations of why the technique
(20) should work. For one thing, volunteering damaging
information early may create an image of credibility.
Psychological research suggests that people who
reveal information that appears to be against their own
best interest are likely to be perceived as more credible
(25) and thus may be more persuasive. Stealing thunder
may also provide juries with an impetus for critical
assessment by previewing, and thus alerting them to,
testimony that the opposition plans to present. In
psychological experiments, audiences that were
(30) previously warned of an upcoming attempt at
persuasion became more resistant to the persuasive
attempt, forming counterarguments based on the
warning. Also, the value placed on a persuasive
message is probably much like the value placed on any
(35) commodity; the scarcer the commodity, the more
valuable it is. A persuasive message will thus increase
in value and effectiveness to the extent that it is seen
as scarce. In the courtroom, a piece of evidence
brought by both the prosecution and the defense, as
(40) when thunder is stolen, may be seen as less scarce—
becoming “old news.” Thus, unless that evidence is of
overriding consequence, it should carry less weight
than if it had been included only in hostile testimony.
Finally, stealing thunder may work because the
(45) lawyer can frame the evidence in his or her own terms
and downplay its significance, just as politicians
sometimes seek to put their “spin” on potentially
damaging information. However, it may therefore be
effective only when the negative information can be
(50) framed positively. Jurors, who often initially have little
information about a case, are usually eager to solidify
their position regarding the case. They can therefore
be expected to use the early positive framing to guide
their subsequent analysis of the trial information. But this
(55) also suggests limitations on the use of the technique:
when information is very damaging, stealing thunder
may create an early negative impression that forms
a cognitive framework for jurors, who then filter
subsequent information through this schema.
1. Which one of the following most accurately expresses the main point of the passage?
(A) Although there are limits to the usefulness of stealing thunder, its effectiveness in actual trials has been demonstrated through research conducted by psychologists and legal scholars.
(B) The commonly practiced courtroom strategy of stealing thunder can have unintended consequences if the lawyers using it do not accurately predict jurors’ attitudes.
(C) Lawyers’ commonly held belief in the value of stealing thunder is supported by several psychological explanations of how that strategy may influence jurors.
(D) The risks involved in stealing thunder can outweigh the probable benefits when the information to be revealed is too readily available or too negative in its impact.
(E) Research designed to confirm the usefulness of stealing thunder has vindicated lawyers’ belief in the value of the technique and has identified the general limitations of the strategy’s effectiveness.
(A) Although there are limits to the usefulness of stealing thunder, its effectiveness in actual trials has been demonstrated through research conducted by psychologists and legal scholars.
(B) The commonly practiced courtroom strategy of stealing thunder can have unintended consequences if the lawyers using it do not accurately predict jurors’ attitudes.
(C) Lawyers’ commonly held belief in the value of stealing thunder is supported by several psychological explanations of how that strategy may influence jurors.
(D) The risks involved in stealing thunder can outweigh the probable benefits when the information to be revealed is too readily available or too negative in its impact.
(E) Research designed to confirm the usefulness of stealing thunder has vindicated lawyers’ belief in the value of the technique and has identified the general limitations of the strategy’s effectiveness.
2. It can be most reasonably inferred from the passage that which one of the following is an example of stealing thunder?
(A) warning jurors that a client on the opposing side has a serious conflict of interest and cannot be trusted
(B) disclosing in opening statements of a defense against copyright infringement that one’s client has in the past been guilty of plagiarism
(C) responding to the opposition’s revelation that one’s client has a minor criminal background by conceding that this is the case
(D) pointing out to jurors during opening statements the mistaken reasoning in the opposition’s case
(E) stressing that one’s client, while technically guilty, is believable and that mitigating circumstances should be considered
(A) warning jurors that a client on the opposing side has a serious conflict of interest and cannot be trusted
(B) disclosing in opening statements of a defense against copyright infringement that one’s client has in the past been guilty of plagiarism
(C) responding to the opposition’s revelation that one’s client has a minor criminal background by conceding that this is the case
(D) pointing out to jurors during opening statements the mistaken reasoning in the opposition’s case
(E) stressing that one’s client, while technically guilty, is believable and that mitigating circumstances should be considered
3. Which one of the following does the author mention as a factor that in some instances probably contributes to the success of stealing thunder?
(A) careful timing of the thunder-stealing message to precede the opposition’s similar message by only a short time
(B) some lawyers’ superior skill in assessing jurors’ probable reactions to a message
(C) the willingness of some lawyers’ clients to testify in person about their own past mistakes
(D) jurors’ desire to arrive at a firm view regarding the case they are hearing
(E) lawyers’ careful screening of prospective jurors prior to the beginning of courtroom proceedings
(A) careful timing of the thunder-stealing message to precede the opposition’s similar message by only a short time
(B) some lawyers’ superior skill in assessing jurors’ probable reactions to a message
(C) the willingness of some lawyers’ clients to testify in person about their own past mistakes
(D) jurors’ desire to arrive at a firm view regarding the case they are hearing
(E) lawyers’ careful screening of prospective jurors prior to the beginning of courtroom proceedings
4. The author discusses the “cognitive framework” that jurors create (line 58) primarily to
(A) indicate that at least some information mentioned early in a trial can influence the way jurors evaluate information presented later in the trial
(B) indicate that jurors bring into court with them certain attitudes and biases that at least in part inform their opinions during trials
(C) suggest that damaging evidence that is framed positively early in a trial will have a greater impact than damaging evidence presented later in a trial
(D) theorize that stealing thunder is best done as early as possible in a case, before the opposition has an opportunity to solidify jurors’ opinions
(E) speculate that creating credibility in some cases is probably more effective than positively framing very harmful information
(A) indicate that at least some information mentioned early in a trial can influence the way jurors evaluate information presented later in the trial
(B) indicate that jurors bring into court with them certain attitudes and biases that at least in part inform their opinions during trials
(C) suggest that damaging evidence that is framed positively early in a trial will have a greater impact than damaging evidence presented later in a trial
(D) theorize that stealing thunder is best done as early as possible in a case, before the opposition has an opportunity to solidify jurors’ opinions
(E) speculate that creating credibility in some cases is probably more effective than positively framing very harmful information
5. The author’s attitude regarding stealing thunder can most accurately be described as
(A) concerned that the technique may become so common that lawyers will fail to recognize its drawbacks
(B) favorable toward its use by lawyers during the opening statements of a case but skeptical of its value otherwise
(C) concerned that research results supporting it may omit crucial anecdotal evidence indicating pitfalls in its use
(D) approving of its use on the grounds that its success is experimentally supported and can be psychologically explained
(E) skeptical of its suitability for use by lawyers without lengthy experience in courtroom strategies
(A) concerned that the technique may become so common that lawyers will fail to recognize its drawbacks
(B) favorable toward its use by lawyers during the opening statements of a case but skeptical of its value otherwise
(C) concerned that research results supporting it may omit crucial anecdotal evidence indicating pitfalls in its use
(D) approving of its use on the grounds that its success is experimentally supported and can be psychologically explained
(E) skeptical of its suitability for use by lawyers without lengthy experience in courtroom strategies
6. The author’s characterization of stealing thunder in the passage is based at least partly on both
(A) informal surveys of lawyers’ clients’ reactions to stealing thunder and controlled research based on simulated trial situations
(B) statistical surveys of lawyers who steal thunder and observations of lawyers’ tactics in trials
(C) records of judges’ decisions in court cases and the results of studies involving simulated courtroom situations
(D) informal observations of nontrial uses of techniques analogous to stealing thunder and controlled studies of lawyers’ courtroom behavior
(E) research that was not directly concerned with legal proceedings and research in which subjects participated in simulated trial situations
(A) informal surveys of lawyers’ clients’ reactions to stealing thunder and controlled research based on simulated trial situations
(B) statistical surveys of lawyers who steal thunder and observations of lawyers’ tactics in trials
(C) records of judges’ decisions in court cases and the results of studies involving simulated courtroom situations
(D) informal observations of nontrial uses of techniques analogous to stealing thunder and controlled studies of lawyers’ courtroom behavior
(E) research that was not directly concerned with legal proceedings and research in which subjects participated in simulated trial situations
7. By saying that certain studies have suggested that in some applications, “the technique is, in fact, effective” (line 14), the author most likely means that those studies have given evidence that the technique in question
(A) inclines juries to regard the clients of those using the technique more favorably than would be the case if the negative information about them were first divulged by the opposition
(B) is a reliable means, in courtroom settings, of introducing a set of counterarguments that jurors will be able to use in resisting the opposition’s subsequent attempts at persuasion
(C) invariably results in cases being decided in favor of the clients of those using the technique rather than in favor of parties opposing those clients, if it is used broadly
(D) appears generally to succeed as a means of forcefully capturing jurors’ attention and thus leading them to focus more attentively than they would otherwise on the lawyer’s message
(E) more often than not achieves its goal of timing a negative revelation so as to dramatically precede the opposition’s revelation of the same information
(A) inclines juries to regard the clients of those using the technique more favorably than would be the case if the negative information about them were first divulged by the opposition
(B) is a reliable means, in courtroom settings, of introducing a set of counterarguments that jurors will be able to use in resisting the opposition’s subsequent attempts at persuasion
(C) invariably results in cases being decided in favor of the clients of those using the technique rather than in favor of parties opposing those clients, if it is used broadly
(D) appears generally to succeed as a means of forcefully capturing jurors’ attention and thus leading them to focus more attentively than they would otherwise on the lawyer’s message
(E) more often than not achieves its goal of timing a negative revelation so as to dramatically precede the opposition’s revelation of the same information
8. The passage most strongly implies that many lawyers believe which one of the following concerning decisions about whether to steal thunder?
(A) A lawyer should be concerned with how readily the negative information can be positively framed, especially if the information is very negative.
(B) A lawyer should take into account, among other things, whether or not the jurors are already familiar with some of the relevant facts of the case prior to the trial.
(C) The decision should be based on careful deliberations that anticipate both positive and negative reactions of jurors and opposing lawyers.
(D) The decision should depend on how probable it is that the opposition will try to derive an advantage from mentioning the negative information in question.
(E) The decision should be based at least partly on a lawyer’s knowledge of relevant psychological research findings and legal statistics.
(A) A lawyer should be concerned with how readily the negative information can be positively framed, especially if the information is very negative.
(B) A lawyer should take into account, among other things, whether or not the jurors are already familiar with some of the relevant facts of the case prior to the trial.
(C) The decision should be based on careful deliberations that anticipate both positive and negative reactions of jurors and opposing lawyers.
(D) The decision should depend on how probable it is that the opposition will try to derive an advantage from mentioning the negative information in question.
(E) The decision should be based at least partly on a lawyer’s knowledge of relevant psychological research findings and legal statistics.
RC Butler 2023 - Practice Two RC Passages Everyday.
Passage # 20 Date: 14-Feb-2023
This question is a part of RC Butler 2023. Click here for Details
Passage # 20 Date: 14-Feb-2023
This question is a part of RC Butler 2023. Click here for Details
- Source: LSAT Official PrepTest 74
- Difficulty Level: 700
05 Jun 2023, 12:43
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SejalT
Explanation
3. Which one of the following does the author mention as a factor that in some instances probably contributes to the success of stealing thunder?
Explanation
The question is asking for a factor that probably contributes to the success of the stealing thunder strategy. The correct answer will be explicitly supported by the passage.
A. No. The passage does not discuss the length of time between when the two sides discuss the negative information.
B. No. The passage does not discuss lawyers’ skill.
C. No. The passage does not discuss how the negative information is revealed.
D. Yes. This is explicitly stated in lines 51–54.
E. No. The passage does not discuss juror screening.
Answer: D
Explanation
The question is asking for a factor that probably contributes to the success of the stealing thunder strategy. The correct answer will be explicitly supported by the passage.
A. No. The passage does not discuss the length of time between when the two sides discuss the negative information.
B. No. The passage does not discuss lawyers’ skill.
C. No. The passage does not discuss how the negative information is revealed.
D. Yes. This is explicitly stated in lines 51–54.
E. No. The passage does not discuss juror screening.
Answer: D
