PrepTest 159, Section 2, Question 24
For most of the past century, scholars in(451 more words not shown)
Which one of the following(12 more words not shown)
- ATwo owners of(11 more words not shown)
- BAn owner is(13 more words not shown)
- CThe agenda for(12 more words not shown)
- DOwnership is an(10 more words not shown)
- EOwnership is an(10 more words not shown)
Reading the passage
Under the bundle-of-rights theory, ownership rights arise from decisions in diverse cases and remain open ended. We shouldn't assume that every owner receives an identical, permanently fixed package.
What we’re looking for
Think of two property disputes producing different decisions about what the respective owners may do. That possibility fits the theory's account of how the rights develop.
Working the answers
- ACorrect
If ownership consists of rights shaped by individual judicial decisions, two owners could possess different bundles. The first paragraph's combination of diverse cases and an open-ended set of rights supports this possibility. A says might, so we don't have to establish that all owners differ.
- B
This would require an owner to have the physical means to keep others out, such as a fence. Nothing in the bundle-of-rights account imposes that requirement. Having legal rights and possessing equipment to enforce exclusion are different matters.
- C
Mandatory exclusion belongs to the boundary approach, not to the bundle-of-rights description. The first theory doesn't say every owner's permitted uses must keep nonowners out.
- D
The bundle-of-rights theory doesn't begin with a single, fixed concept of ownership that determines the rights. It treats the rights as an open-ended product of judicial decisions. This proposed explanation reverses that picture.
- E
Open ended is accurate, but the conclusion doesn't follow from it. An evolving collection of rights doesn't by itself establish that ownership is an exclusive right. The familiar phrase in the second half doesn't support the first half.
More Author's Opinion questions
Learn the LSAT our way
Our platform drills Author's Opinion questions at your level and adjusts as you improve.