PrepTest 159, Section 2, Question 23

DetailDifficulty3 of 5
Passage 4Ownership as exclusion or agenda-setting authority
The questionFull text in your LawHub copy of PrepTest 159

For most of the past century, scholars in(451 more words not shown)

According to the author, the(8 more words not shown)

Reading the passage

The boundary theory identifies the owner by removing everyone else: nonowners must keep away, and the owner is the person left free to use the object. The author's objection is that this tells us too little about what makes ownership a special position.

What we’re looking for

So look for an incomplete explanation of the owner's rights, not a claim that the theory cannot identify an owner at all.

Working the answers

  • A

    The author doesn't say the theory gives nonowners exaggerated rights or imposes an unfair burden of proof. The criticism is that focusing on their exclusion leaves the owner's position inadequately explained.

  • B

    We aren't promised that this method definitively settles every case. The author describes its method and criticizes the account it supplies; no universal guarantee of successful identification follows.

  • C
    Correct

    The second paragraph says boundary theory leaves essential aspects of ownership unexplained (paragraph 2) and supplies only a weak account of the owner's special position. Excluding others tells us who remains free to use the object, but doesn't explain the distinctive rights and responsibilities of that role.

  • D

    The point under discussion isn't that some judicial decisions might be mistaken. It is that the method of identifying an owner by exclusion fails to explain enough about ownership.

  • E

    The theory uses a single boundary to separate owners from nonowners. Nothing says it changes the meaning of boundary depending on which side someone occupies.

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