PrepTest 148, Section 2, Question 17

ApplicationDifficulty4 of 5
Passage 3Insider trading, market information, and investor confidence
The questionFull text in your LawHub copy of PrepTest 148

Passage A Insider-trading law makes it a crime(495 more words not shown)

Passage A(282 more words not shown)

Passage B(221 more words not shown)

Which one of the following(25 more words not shown)

Reading the passage

We need a law A would favor and B would not. A defends allowing investors to act on inside information because those trades help prices reflect the facts. B thinks that very informational advantage unfairly excludes other investors. A law permitting insider trading should expose that disagreement.

Working the answers

  • A

    This prohibits the informational advantage A defends. It runs toward B's concern about unequal access, so it points in the opposite direction from the requested law.

  • B

    Allowing stock analysis fits both authors. Prohibiting trades based on a company position then excludes precisely the insider trading A wants to defend. This preserves the distinction A is challenging.

  • C

    B is especially concerned about investor confidence and would have reason to favor this restriction. It doesn't identify a policy that fits A but conflicts with B. The effects of trading matter to both arguments; they aren't irrelevant simply because this law doesn't name the source of the information.

  • D

    A uses selling an overpriced stock as an example, but never draws a rule permitting insider selling while prohibiting insider buying. The broader defense concerns informed trading, not that one-sided legal distinction.

  • E
    Correct

    This permits trades based on inside information, capturing A's defense of the practice. The exception for theft doesn't undermine that fit: A's argument doesn't require permission to acquire information unlawfully. B would still object to the unequal informational advantage even when the insider obtained the information without theft.

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