PrepTest 141, Section 1, Question 23

DetailDifficulty3 of 5
Passage 4Property justice and Native American land claims
The questionFull text in your LawHub copy of PrepTest 141

Passage A There are two principles that are(470 more words not shown)

Passage A(267 more words not shown)

Passage B(211 more words not shown)

Both passages explicitly mention which(4 more words not shown)

Reading the passage

Both texts discuss how property moves between people. A calls that transfer and distinguishes it from acquiring something previously unowned. B describes a law governing transfers of Native American land.

What we’re looking for

The question requires an explicit mention in both texts. Something we can imagine becoming a problem, such as the difficulty of correcting an old injustice, does not count as an express discussion unless each author actually raises it.

Working the answers

  • A
    Correct

    A defines the principle governing transfer from one person to another. B opens with a law requiring approval of land transfers from Native Americans to others. This is directly present in both.

  • B

    B discusses a federal law and suits to recover land. A supplies a moral theory, not a legal basis for recovery. A claim about just ownership is not automatically a statement of what a legal system permits.

  • C

    A expressly considers a “wholly just” world. B discusses actual land claims and alleged injustice, not entitlement in a wholly just world.

  • D

    B says restoration may be impractical and require compromise. A explains how rectification would work but does not expressly assess whether it is practicable. We might raise that concern ourselves; that is not the same as A mentioning it.

  • E

    B refers to the European invasion. A mentions theft and fraud generally, without an invasion.

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