PrepTest 156, Section 1, Question 21

AnalogyDifficulty5 of 5
Passage 3Competing approaches to corporate bankruptcy
The questionFull text in your LawHub copy of PrepTest 156

Traditionally, corporate bankruptcy law placed highest priority on(440 more words not shown)

Which one of the following(21 more words not shown)

Reading the passage

Rational planning gives greater protection to those facing greater financial distress. Think of the employee losing a livelihood compared with a party losing a small fraction of its resources. The relevant priority is how badly someone is affected.

What we’re looking for

For an application, look for help going first to those in greatest need. Equal exchanges, prevention of harm, and managing one's own risk would each be different principles.

Working the answers

  • A

    Matching one concession with another balances what the two sides give up. It doesn't prioritize the party suffering the greatest harm.

  • B
    Correct

    Those most badly injured receive evacuation and medical attention first. The degree of harm determines priority, just as Korobkin gives greater protection to people facing the greatest financial distress. We can see the need and the resulting priority directly in the plan.

  • C

    This spreads one investor's risks across a portfolio. It doesn't compare affected people and give greater protection to those who are worse off.

  • D

    Exempting necessities may help people in financial difficulty, so this is a tempting comparison. But the policy distinguishes categories of goods, not people according to the severity of their distress. To turn it into Korobkin's priority rule, we would have to add assumptions about who benefits and how badly they need help. B makes that relationship explicit.

  • E

    This favors preventing harm over treating it. Korobkin's priority concerns how to protect people affected by a bankruptcy, not whether preventing bankruptcy should take precedence over responding to it.

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