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Explanation

1. Which one of the following most accurately expresses the main point of the passage?

Explanation

Use your Bottom Line of the passage to help you to evaluate the choices. The correct answer will describe the main point of the passage.

A. No. The author notes that the effectiveness of stealing thunder has not been tested in actual trials.

B. No. While the author discusses a limitation of the strategy, the passage is not focused on unintended consequences of its use.

C. Yes. This accurately paraphrases the Bottom Line.

D. No. The focus of the passage is on the effectiveness of the technique rather than its risks.

E. No. The passage does not address the idea that the simulated trial experiments revealed limitations on the stealing thunder strategy.

Answer: C
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Explanation

5. The author’s attitude regarding stealing thunder can most accurately be described as

Difficulty Level: Hard

Explanation

The question is asking how the author feels about stealing thunder. The author argues that stealing thunder is likely a successful strategy based on the evidence, so the correct answer will reflect a positive view.

A. No. This answer choice is too negative, and the passage does not discuss how commonly used the technique is.

B. No. The author does not discuss precisely when the negative information should be revealed.

C. No. This answer choice is too negative, and there’s no mention in the passage of crucial omitted evidence.

D. Yes. This answer agrees with the Bottom Line of the passage and is supported by the author’s discussion of why stealing thunder works.

E. No. This answer choice is too negative, and there’s no discussion of the experience of attorneys using the stealing thunder strategy.

Answer: D
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­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. - No research was done. Distortion. 

(B) The commonly practiced courtroom strategy of stealing thunder can have unintended consequences if the lawyers using it do not accurately predict jurors’ attitudes. - No. 

(C) Lawyers’ commonly held belief in the value of stealing thunder is supported by several psychological explanations of how that strategy may influence jurors. - ok
 
(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. - out of scope for too readily available and opposite for "too negative 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. - No research was done. 
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passage 1= what is stealing thunder. what it should be used according to many lawyers.
passage 2= this method has not been directly tested in actual trials but has been tested in simulated trials. also some psychological explanation suggest use of this technique.
some scenario in which this technique can be used effectively.
passage 3 = discuss one more instances where it can be used but also mention its limitations.

Ques 1=
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 should work.

A) there are no limitations in general. limitation was only when using in one particular instances.
B) no unintended consequences has been mentioned
C)it accurately summarises above mentioned line
D) no comparison between advantages and disadvantages
E) part of it is right but the other part is wrong on the same level as mentioned for choice A.

Ques 2=
we have been given the definition in the first line of passage.

A) no its not about trusting opponents .
B)yes, it captures the actual definition by saying revealing negative info before that info nis revealed by opposing lawyer
C)no. lawyer has to respond first before the opposition
D) no need to point out mistakes in opponents case.
E) no consideration about mitigation.

Ques 3=

A) no consideration of timing between two lawyers arguments
B) no skills in assessing reaction is needed
C) nothing has been mentioned about clients willingness to testify.
D) 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. this tells the same thing as choice depicts,
E) no screening of jurors by lawyers.

Ques 4=
stealing thunder may create an early negative impression that form a cognitive framework for jurors, who then filter subsequent information through this schema

A) this choice says the intended meaning of that particular word. if they have early negative impression that allows them to filter out infor .
B) not about their attitudes and behaviours
C) not comparing timing of presenting damaging evidence.
D) completely out of context.
E) not talking about credibility

QUes 5=

A) never talked about practice becoming common.
B) never said that only use in opening statements.
C) he never says that research omits certain evidence.
E) he is not skeptical.
D) only one left and he does that it has been proven in simulated trials and also proven by psychological explanation.

Ques 6=
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
should work.
this same thing has been mentioned in option E



Sajjad1994
“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.[/box_in]

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.


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


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


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


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


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


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


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.
[/box_out]

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


  • Source: LSAT Official PrepTest 74
  • Difficulty Level: 700
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Question 1: Main Point of the Passage

The passage begins by defining stealing thunder and noting that while empirical research in actual trials is missing, simulated studies and psychological theories support its effectiveness. The bulk of the text (lines 16–60) is dedicated to explaining why it works (credibility, resistance to persuasion, commodity theory, and framing). Answer (C) accurately captures this synthesis of the strategy and its psychological foundations.

(A) Incorrect: While the passage mentions limits, it explicitly states in lines 11–12 that no empirical research has tested it in actual trials, contradicting the claim that its effectiveness in actual trials has been "demonstrated."

(B) Incorrect: This is too narrow. While predicting juror attitudes is a factor in the "limitations" section, it is not the main point of the entire passage.

(D) Incorrect: The passage generally supports the strategy rather than arguing that risks "outweigh" benefits. This choice focuses only on the caveats.

(E) Incorrect: The passage does not say research was "designed to confirm" the belief, but rather that research "suggested" and "corroborated" it.
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Question 2: Example of Stealing Thunder

By definition, stealing thunder involves a lawyer revealing negative information about their own client before the opposition can. Choice (B) depicts a defense lawyer volunteering damaging information (past plagiarism) during the opening statement, which fits the definition perfectly.

(A) Incorrect: This is an attack on the opposing side, not a revelation of one’s own weakness.

(C) Incorrect: This is "reacting" to a revelation already made by the opposition, which is the opposite of "stealing" the thunder.

(D) Incorrect: This is a standard critique of the opposition’s logic, not a revelation of a client's negative information.

(E) Incorrect: This describes an argument for mitigating circumstances, which is a standard defense, but it doesn't necessarily involve the proactive revelation of a specific negative fact before the other side mentions it.
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Question 3: Factors Contributing to Success

In lines 50–52, the author states that jurors are "usually eager to solidify their position regarding the case." Because they want to reach a firm view early, the "early positive framing" provided by stealing thunder helps guide their later analysis.

(A) Incorrect: The passage emphasizes revealing information "early" (line 21), but does not specify that it must precede the opposition by only a "short time."

(B) Incorrect: While a lawyer's skill is generally useful, the author does not specifically list "superior skill in assessing jurors" as a specific psychological factor for the strategy's success.

(C) Incorrect: The passage discusses the lawyer revealing information; the client’s willingness to testify is not mentioned as a contributing factor.

(E) Incorrect: Jury screening (voir dire) is never mentioned in the text.
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Question 4: Purpose of the "Cognitive Framework"

The "cognitive framework" (or schema) is discussed in the final paragraph to explain how early information acts as a filter. If a lawyer frames information positively early on, jurors use that frame to analyze later info (lines 53–54). Conversely, if the info is too damaging, it creates a "negative impression" that filters subsequent info (lines 56–60). Both points illustrate that early information influences the evaluation of later information.

(B) Incorrect: The passage refers to a framework created during the trial by the lawyer’s revelation, not biases jurors bring with them from outside the court.

(C) Incorrect: While positive framing is discussed, the "cognitive framework" mention is used specifically to explain the limitation of the technique when information is too negative.

(D) Incorrect: The passage doesn't use the term "cognitive framework" to provide a "theory" on timing, but rather to explain the psychological process of information filtering.

(E) Incorrect: The passage does not compare the effectiveness of credibility versus framing; it lists them as complementary reasons why the strategy works.
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Question 5: Author’s Attitude

The author's tone is analytical and generally supportive. The author notes that experimental findings "corroborate" the belief (line 17) and provides several detailed psychological reasons why the technique "should work" (line 20). This makes (D) the correct answer.

(A) Incorrect: The author mentions drawbacks only as a "limitation" at the end, not as a primary concern of the passage.

(B) Incorrect: The author does not express skepticism about its value outside of opening statements.

(C) Incorrect: There is no mention of "omitted anecdotal evidence" or a critique of the research methods used.

(E) Incorrect: The author never suggests that the strategy is only suitable for "lengthy experience" levels.
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Question 6: Basis of Characterization

The author cites two types of evidence:
Simulated trial situations: Research specifically involving subjects in mock trials (line 13).
General psychological research: Studies not directly concerned with law, such as research on "persuasion" (line 22), "commodity theory" (line 33), and "cognitive schemas" (line 59).

(A) Incorrect: The passage never mentions "informal surveys of lawyers' clients."

(B) Incorrect: No "statistical surveys of lawyers" are mentioned.

(C) Incorrect: The author explicitly states there is no research on "actual trials," which would include "records of judges' decisions."

(D) Incorrect: The author does not cite "controlled studies of lawyers' courtroom behavior" (as no actual trial research exists).
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Question 7: Meaning of "Effective"

In the context of a trial, a strategy is "effective" if it helps your client’s case. The author argues that stealing thunder makes the negative information less damaging than if the opposition revealed it (lines 8–10) and makes the lawyer appear more credible/persuasive (lines 24–25).

(B) Incorrect: This refers specifically to the "resistance to persuasion" theory, which is only one of several reasons for effectiveness, not the definition of effectiveness itself.

(C) Incorrect: The author does not claim the technique "invariably" wins cases; it is presented as a helpful tactic with limitations.

(D) Incorrect: The passage does not focus on "capturing attention," but rather on managing the perception of damaging information.

(E) Incorrect: While timing is part of the strategy, "effectiveness" refers to the result (less damage/more credibility), not just the successful timing of the act.
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Question 8: Lawyers’ Beliefs on the Strategy

Lines 6–9 state: "many lawyers believe that if the weakness is likely to be revealed in opposing testimony, it should be volunteered; otherwise, the hostile revelation would be more damaging." This implies the decision rests on the probability of the opposition using that information.

(A) Incorrect: The passage attributes the concerns about "positive framing" and "very negative information" to the author’s psychological analysis and research, not necessarily to the "commonly held belief" of lawyers mentioned at the start.

(B) Incorrect: Pre-trial familiarity of jurors is not discussed as a factor for the lawyer’s decision.

(C) Incorrect: This is too broad; the passage specifically highlights the "likelihood of revelation by the opposition" as the primary trigger for the strategy.

(E) Incorrect: The passage says lawyers' beliefs are corroborated by research, not that the lawyers base their decisions on reading that research.
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