Reading ComprehensionDifficulty: Easy

PT142 S3 P2 Q15 Explanation

Stealing Thunder

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TopicsMeaning in ContextLaw

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Passage

“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 in revealing a weakness that is unknown to one’s opponents or that would not be exploited by them, many it should be volunteered; otherwise, the hostile revelation would 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 least within a reasonably broad range of applications. Lawyers’ commonly held belief in the value of stealing thunder is not only corroborated consequence, it should carry less weight than if it had been included only in hostile testimony.

Finally, stealing thunder may work because the 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 framed positively. Jurors, who impression that forms a cognitive framework for jurors, who then filter subsequent information through this schema.

What this question is testing

Meaning in Context

Topic

The author is explaining a courtroom trick called "stealing thunder" — where you tell the jury about your client's weakness before the other side does — and why it works.

Framework

Highlight Noteworthy.

Main Point

The simpler version: when there's bad info about your client that's going to come out anyway, get it out yourself first. Studies of mock trials show this strategy works, and psychology gives several reasons. You look more credible. The jury becomes alert and starts pushing back against the other side's pitch. The damaging info becomes "old news." And you get to put your spin on it. The catch: if the info is really bad, getting it out first can backfire — it sets the wrong frame for everything that follows.

P1: The strategy

If your client has a weakness the other side will probably exploit, volunteer it first. That softens the blow.

P2: Why it works

Real trials haven't been studied, but mock trials confirm the strategy. Psychology adds reasons: (1) you look credible because you're hurting your own case; (2) warned juries push back harder against the other side; (3) the same evidence from both sides becomes "old news" and loses force.

P3: One more reason — and the catch

You also get to spin the bad info on your own terms. Jurors solidify their position quickly, so your early framing sticks. But there's a limit: if the info is really damaging, going first creates an early negative impression that becomes the lens for everything else. So the strategy can backfire.

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

The question
15.

By saying that certain studies have suggested that in some applications, "the technique is, in fact, effective" (second paragraph), the author most likely means that those studies have

Answer choices

  1. Correct80% picked this

    inclines juries to regard the clients of those using the technique more favorably than would be the case if the negative information about them

    Why this is right

    This ties back to the last sentence of the 1st paragraph. It's a comparison between our side voluntarily divulging (i.e. revealing) this negative information, hoping we can positively frame it, so that it will be less damaging than if we (otherwise) allowed opposing counsel to get the first chance to make this hostile revelation. In classic flipped syntax style, this is saying the negative information is viewed "more favorably" instead of that it's "less damaging", which of course mean the same thing.

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

  2. Too Specific: set of counterarguments8% picked this

    is a reliable means, in courtroom settings, of introducing a set of counterarguments that jurors will be able to use in resisting

    The success / failure of Stealing Thunder is just measured by whether you get a better outcome out of this damaging information than you would if you waited for opposing counsel to bring it up first. There is some discussion in the 2nd paragraph of "several psychological explanations of why the technique should work", one of which deals with counterargument: Stealing thunder may also provide juries with an impetus for critical assessment ... In psychological experiments, audiences formed counterarguments based on the early warning. Stealing thunder is often successful because it may lead the jury to form counterarguments to opposing counsel based on being warned early about this damaging information, but this question stem isn't asking for one of the reasons why stealing thunder is successful. The question wants us to actually define success, which is simply to make a damaging piece of information carry less negative weight for our client (however that occurs).

  3. Too Strong: invariably3% picked this

    invariably results in cases being decided in favor of the clients of those using the technique rather than in favor of parties opposing those

    The passage did not define Stealing Thunder as effective because it means your side is guaranteed to win the case (invariably results in cases being decided in your favor).

  4. Out of Scope: focus more3% picked this

    appears generally to succeed as a means of forcefully capturing jurors' attention and thus leading them to focus more attentively than they

    Not only does this not match the definition we need ("effective at making a negative piece of information for your client less damaging than it would be if you let the other side bring it up"), it also brings up issues we didn't talk about in the passage, like forcefully capturing jurors' attention and leading to focus more than they would otherwise. Given that when we steal thunder, we're presenting negative information about our client, it doesn't even make good common sense to say that it works because it forcefully captures the attention of the jury and makes them focus more attentively on something bad about our client.

  5. Out of Scope: dramatically precede7% picked this

    more often than not achieves its goal of timing a negative revelation so as to dramatically precede the opposition's

    This answer is way too specifically about the precise timing of when you steal thunder. In the passage, the only timing we know or care about when it comes to stealing thunder is "sometime before the opposing side has brought up this incriminating fact". This answer is making it seem like it has to dramatically precede the opposing side's attempt to bring it up. Like we can hear the beginning of that sentence forming, we scream "Objection!", and then we dramatically steal their thunder by saying it right before the opposing lawyer was going to. The passage didn't describe anything like that. If anything, the earlier in the trial the better, so that by the time opposing counsel gets to talk about it, it feels like really old news.

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