PrepTest 141, Section 1, Question 27

OrganizationDifficulty5 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(16 more words not shown)

Reading the passage

A gives a general account of rightful ownership, but it leaves the detailed content of acquisition and transfer unspecified. B takes a different approach: it introduces one natural line of reasoning about the Native American claims and follows that argument to a possible remedy. Presenting a line of reasoning does not necessarily mean expressly endorsing every step of it.

Working the answers

  • A
    Correct

    The missing details in A are the substantive conditions that make an acquisition or transfer just; A chiefly explains what the principles govern. B sketches a land-restoration argument as one way of reasoning, without necessarily committing the author to it. Both halves fit.

  • B

    A does not compare competing views and argue that one is superior. It presents one framework, so the claimed contest between theories is missing.

  • C

    A's general moral framework is not a specific public-policy recommendation. B also does not rely on established authorities to support its moral argument about rightful ownership.

  • D

    This misdescribes both approaches. A outlines the theory rather than mounting a defense of it. B does offer an argument: wrongful taking undermines current ownership and supports restoration where feasible.

  • E

    A is not primarily arguing in support of its framework, and B is not trying to undermine a view. B develops a possible case for restoring land rather than attacking the theory in A.

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