Reading ComprehensionDifficulty: Medium

PT125 S3 P1 Q5 Explanation

Thurgood Marshall

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TopicsInferenceLaw

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Passage

Most of what has been written about Thurgood Marshall, a former United States Supreme Court justice who served from 1967 to 1991, has just focused on his judicial record and on the ideological content of his earlier achievements as a lawyer pursuing civil rights issues in the courts. But when Marshall’s career the opportunity arose, set up a predetermined legal campaign that was meticulously crafted and carefully coordinated.

One aspect of this campaign, the test case strategy, involved sponsoring litigation of tactically chosen cases at the trial court level with careful evaluation of the precedential nuances and potential impact of each decision. This allowed Marshall to try out different approaches and discover which was the best to be used. An cases with sympathetic litigants, whose public appeal, credibility, and commitment to the NAACP’s goals were unsurpassed.

In addition, Marshall used sociological and psychological statistics—presented in expert testimony, for example, about the psychological impact of enforced segregation—as a means of transforming constitutional law by persuading the courts that certain discriminatory laws produced public harms in violation of constitutional principles. This tactic, while often effective, has been criticized by some in their justifications for decisions where the purely legal principles appear inconclusive.

Since the time of Marshall’s work with the NAACP, the number of public interest law firms in the U.S. has grown substantially, and they have widely adopted his combination of strategies for litigation, devoting them to various public purposes. These strategies have been used, for example, in consumer advocacy campaigns and, more be a radical departure from accepted conventions—have become the norm for U.S. public interest litigation today.

What this question is testing

Inference

Your task

Find what must be true based on what the passage or stimulus states.

Common trap

Answers that are plausible or likely but not actually guaranteed by the text.

Winning move

Keep only the choice the statements fully support — eliminate anything that requires an extra assumption.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
5.

The passage provides the most support for which one of the

Answer choices

  1. Unsupported Comparison: motivations changed2% picked this

    The ideological motivations for Marshall’s work with the NAACP changed during his tenure on the

    We aren't even told about Marshall's ideological motivations for working with the NAACP (presumably they were to advanced the civil rights of African Americans). We're only talking about the strategic methods he used and how those changed.

  2. Correct79% picked this

    Marshall declined to pursue some cases that were in keeping with the NAACP’s goals but whose plaintiffs’ likely impression on the public

    Why this is right

    The passage highlights that one of the tactics that helped Marshall is that when was trying to prove a certain point to a judge/jury, he would try to find a client that was likely to be looked upon favorably by the judge/jury. The fact that Marshall carefully selected cases with "sympathetic" litigants implies that he was considering options and thinking, "No, not him. He has a criminal record, so the judge/jury probably won't identify with him. Not him; he doesn't have any close friends or family and so he doesn't seem like a regular member of the community. Ooh! Yes, this guy! The judge/jury will already be rooting for this guy; he volunteers for the PTA and looks like a respectable businessman. They will be more affected by the injustice of his case, since he will remind them more of themselves." If you said you were really picky about which matches on Bumble you decided to have a coffee date with, it would imply that you had some matches that you ended up rejecting and not ever going on a date with.

    Skill tested: Inference · how this choice captures the passage's function is the move to repeat next time.

  3. Out of Scope: initially opposed4% picked this

    Marshall’s tactics were initially opposed by some other members of the NAACP who favored a

    Nothing in the passage suggests any friction between Marshall and the NAACP in the early going of their working relationship. We just hear that "he and the NAACP developed innovations that forever changed the landscape".

  4. Unsupported Comparison: relied more / more likely4% picked this

    Marshall relied more on expert testimony in lower courts, whose judges were more likely than higher court judges to

    In the third paragraph, it mentions that Marshall used sociological and psychological statistics, presented in expert testimony. It doesn't indicate whether this was lower courts, higher courts, or both. And it doesn't indicate that judges in one court vs. another would be more likely to give weight to statistical evidence.

  5. Out of Scope11% picked this

    Marshall’s colleagues at the NAACP subsequently revised his methods and extended their applications to areas of law and politics beyond those

    Out of Scope: revised methods / areas beyond It never says that Marshall or the NAACP revised these methods or applied them to originally unintended applications. It just says "public interest law firms" have widely adopted their methods, devoting them to various public purposes.

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