PrepTest 141, Section 1, Question 24

OrganizationDifficulty3 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)

Which one of the following(15 more words not shown)

Reading the passage

The second paragraph of B moves from original ownership to wrongful taking, then to a proposed correction. That fits A's account: past injustice can make present holdings unjust, creating a need to reconstruct and restore proper ownership.

What we’re looking for

So A supplies a framework that supports B's reasoning. B does not need to quote the theory or resolve every practical problem for that relationship to hold.

Working the answers

  • A

    A particular land claim is not a broader theory. B applies reasoning about rightful ownership to one historical situation instead of expanding A's framework.

  • B

    This reverses the direction of support. B is not collecting historical evidence to establish A's general theory. A's account of rectification helps support the argument for addressing the land claims.

  • C

    A gives the general principles, while B develops a particular argument using a compatible idea. They are not two parallel arguments about different subjects; both concern property and injustice.

  • D
    Correct

    If wrongful taking can invalidate present ownership and require rectification, then the alleged wrongful taking in B provides a basis for the proposed remedy. A's theory therefore tends to support B's argument. That does not mean it proves every historical premise or dictates every compromise.

  • E

    B does not undermine the theory. Its move from past injustice to a present remedy fits the rectification framework.

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