PrepTest 141, Section 1, Question 26
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)
The author of passage A(19 more words not shown)
- Alegitimization of actual(6 more words not shown)
- Bclarification of existing(5 more words not shown)
- Cassurance of conformity(7 more words not shown)
- Dprevention of violations(7 more words not shown)
- Eimplementation of a(3 more words not shown)
Reading the passage
Start with the law's stated purpose: protect Native Americans from people fraudulently obtaining their land. Then translate that into A's categories. This land is already owned, so the issue is transfer from one owner to another.
What we’re looking for
The law aims to prevent an unjust transaction. Rectification would come later, after injustice had occurred, when we were deciding how to repair its effects.
Working the answers
- A
The law does not simply declare existing eighteenth-century holdings legitimate. It requires approval for transfers to protect against fraud. That protective function is the purpose we need to classify.
- B
B presents an approval requirement and explains its purpose. It does not say the law merely clarified earlier rules, and clarification does not capture its stated protection against fraud.
- C
Acquisition in A has a specific meaning: becoming the owner of something previously unowned. Native American land already belonged to someone. The ordinary word acquisition in B does not make this a case of A's first-ownership principle.
- DCorrect
A identifies fraud as a departure from just ownership principles, and B says the law was meant to prevent fraudulent acquisition of existing owners' land. Within A's framework, that is preventing violations of justice in transfer.
- E
Rectification would address a wrong that had already affected ownership, such as through restoration. The law's stated preventive purpose is to keep fraudulent transfers from happening in the first place.
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