PrepTest 121, Section 3, Question 17

ApplicationDifficulty5 of 5
Passage 3Collective ownership and Native Canadian cultural property
The questionFull text in your LawHub copy of PrepTest 121

Although the rights of native peoples of Canada(452 more words not shown)

Given the information in the(42 more words not shown)

Reading the passage

The long stem asks which reason for giving the museum the win will become less persuasive. My first thought is the paperwork advantage: museums tend to have ownership documents, while communities whose rights arise from membership tend not to. Courts are becoming less willing to let the private-property standard settle the issue by itself.

Working the answers

  • A

    Evidence that an object didn't come from the claimant community could still matter to its claim. The predicted change concerns how ownership is recognized, not ignoring an object's connection to the community.

  • B

    This says the museum lacks documents. That isn't the documentary advantage that has favored museums, and it isn't a reason to award the museum ownership.

  • C

    Evidence that the object originated in the Native community would support that community's connection to it. It isn't the museum-favoring reason the question asks us to identify.

  • D
    Correct

    This approaches our prediction from the other side: the Native Canadians don't have the documents. As courts recognize ownership based on community membership, that absence becomes less compelling evidence against them. They can still have ownership rights even without a private title document.

  • E

    Whether the tribe has also adopted private property doesn't establish the validity of its collective claim. The text identifies the lack of written ownership documents as the specific disadvantage courts will increasingly look beyond, not the tribe's acceptance or rejection of private property generally.

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