PrepTest 159, Section 4, Question 21
The following passage was adapted from an article(439 more words not shown)
Which one of the following(7 more words not shown)
- AThere are certain(13 more words not shown)
- BCommon-law jurisdictions are(14 more words not shown)
- CInternational law should(12 more words not shown)
- DInternational law should(7 more words not shown)
- EIndigenous rights do(16 more words not shown)
Reading the passage
Focus on the final inference: Belize is free to develop its law independently, yet its shared theoretical origins with other common-law jurisdictions support a presumption favoring indigenous rights. The author needs a reason why those shared origins should matter to the result.
What we’re looking for
The underlying principle should connect common legal foundations to standards those systems ought to respect. It shouldn't turn foreign or international law into an automatic command.
Working the answers
- ACorrect
If common-law systems should adhere to certain core notions, their common foundations can justify expecting consistency on a matter such as indigenous rights. That supplies the bridge from shared origins to the author's presumption. It doesn't require every common-law decision to be identical.
- B
No comparison establishes that common-law countries are more likely than other countries to recognize indigenous rights. The argument concerns a shared foundation within this group, not its superiority to another group.
- C
The covenant should inform Belize's common law. That is different from saying international law should automatically override it. The author explicitly acknowledges room for independent domestic development.
- D
The argument doesn't require international law to originate in common law. It uses international norms as an influence on common-law development, which is a different relationship.
- E
No claim says courts create indigenous rights simply by recognizing them. The issue is whether Belize should recognize the rights, not whether the rights could exist before a court acknowledges them.
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