PrepTest 159, Section 4, Question 20

ApplicationDifficulty4 of 5
Passage 3The Maya land-rights suit and Belize’s common-law tradition
The questionFull text in your LawHub copy of PrepTest 159

The following passage was adapted from an article(439 more words not shown)

Which one of the following,(11 more words not shown)

Reading the passage

The argument gives foreign common-law precedents an important role: they recognize the kind of rights the Maya assert, and Belize shares their theoretical foundations. A natural way to strengthen that reasoning is to make the relevant body of precedent more firmly favor recognition.

What we’re looking for

The question isn't asking us to guarantee the Maya will win. We need added support for the author's presumption.

Working the answers

  • A

    Recognition by non-common-law nations could show that indigenous rights receive broader acceptance. But it doesn't reinforce the specific connection the argument makes between Belize and precedents grounded in the same legal tradition as directly as C does.

  • B

    Recent recognition doesn't itself tell us how strong the legal basis is or whether Belize should follow it. The dates don't fill a weakness in the shared-principles argument.

  • C
    Correct

    This removes the possibility of an opposing common-law precedent. Although some jurisdictions haven't recognized the rights, none has supplied a precedent inconsistent with recognizing them. That makes the relevant precedent more favorable to the Maya's position. It still doesn't force Belize to adopt it, but a lack of contrary authority strengthens the argument for doing so.

  • D

    This describes countries that fail to recognize rights and also fail to follow international standards. It doesn't establish that Belize must recognize the Maya's claim or strengthen the relevant foreign precedents as directly as C.

  • E

    This shows variation in how rights can be allocated, but it doesn't connect the particular arrangements to Belize's shared common-law principles. The argument needs a reason favoring recognition here, not simply a description of different countries' arrangements.

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