PrepTest 141
[lcid:3660] Prep Test 141 LSAT — Reading Comp — S1
Reading comp
Passage
Questions 22-27 Passage A . There are two principles that are fundamental to . a theory of justice regarding property.
Remaining source text redacted.
Passage walkthrough
Passage SummaryTopic:
Passage A
Paragraph 1
Paragraph 1
Passage A - Certain principles guide property justice in a just world, and another can be used to address any situations where that ideal is violated.
Passage B - The Indian Nonintercourse Act provides a legal way of addressing land stolen from Native peoples, and Native claims to land would be most easily and naturally addressed by returning the land to them, though compromises may need to be made.
Key Lines:
Passage A:
Lines 1-2 - The structure of much of the passage is laid out
Lines 2-8 - The principles are described
Lines 12-20 - The principles are applied to a fully just world
Lines 28-33 - A new principles is added to address when the world isn't fully just
Passage B:
Lines 36-39 - A law is described
Lines 41-44 - The purpose of the law is presented
Lines 56-60 - A solution to a problem is noted, even if compromises must be reached
Meta-Structure - Relationship Between Passages:
Problem/Solution - While we didn't rely on this when working through the passages, they're arguably about legal solutions to certain problems—the transfer of property, and the taking of Native lands. Passage A presents principles (solutions) to guide transfers of property, and Passage B presents a law and how a given situation might be fixed.
If we take a step back and relate the passages, Passage B is a specific situation to which the principles in Passage A can be applied. Specifically, Passage B talks about land that was improperly taken from Native Americans, and thus the second and principles—the principles of transfer and rectification—would apply. Passage B makes room for compromise, considering the feasibility of such transfers. In speaking in principles, Passage A doesn't leave room for compromise.
Last Thoughts:
Passage A has an interesting and somewhat common structure—it presents an argument in one world ("if the world were wholly just..."), and then also covers the bases for another world ("However, not all . . . "). Thinking about the interplay between these two paragraphs is key to understanding the scope of this passage, and the role of each paragraph within it.
Passage A
Paragraph 1
- Paragraph note
- Principles are listed
- Views, minor Meta-Structures, points of intersection, and the author's attitude
- Property justice has 2 principles
- Justice in acquisition - How someone gets property that was previously unowed
- Justice in transfer - How someone transfers property to new owner
- Paragraph note
- A description of a fully just world
- Views, minor Meta-Structures, points of intersection, and the author's attitude
- In a fully just world, if and only if the principles from Paragraph 1 are followed are people entitled to property
- Paragraph note
- The principles break down in the real world, requiring a new principle
- Views, minor Meta-Structures, points of intersection, and the author's attitude
- It's not a fully just world - people steal and defraud
- Principle of rectification - Look at history to determine where things went wrong and fix ownership to follow earlier principles
Paragraph 1
- Paragraph note
- History and purpose of a law
- Views, minor Meta-Structures, points of intersection, and the author's attitude
- 1790 - Indian Nonintercourse Act - land transfers from Native Americans must be approved by federal government
- Purpose - Prevent fraudulent acquisition of Native lands
- Hasn't changed; several suits have been filed
- Paragraph note
- Examining Native claims to lands and proposing a way forward
- Views, minor Meta-Structures, points of intersection, and the author's attitude
- Natural/ideal approach - Native Americans were here first and had their lands stolen from them, so it should be returned
- Might need to make compromises
- Easiest - Returning all land, or at least where feasible
Passage A - Certain principles guide property justice in a just world, and another can be used to address any situations where that ideal is violated.
Passage B - The Indian Nonintercourse Act provides a legal way of addressing land stolen from Native peoples, and Native claims to land would be most easily and naturally addressed by returning the land to them, though compromises may need to be made.
Key Lines:
Passage A:
Lines 1-2 - The structure of much of the passage is laid out
Lines 2-8 - The principles are described
Lines 12-20 - The principles are applied to a fully just world
Lines 28-33 - A new principles is added to address when the world isn't fully just
Passage B:
Lines 36-39 - A law is described
Lines 41-44 - The purpose of the law is presented
Lines 56-60 - A solution to a problem is noted, even if compromises must be reached
Meta-Structure - Relationship Between Passages:
Problem/Solution - While we didn't rely on this when working through the passages, they're arguably about legal solutions to certain problems—the transfer of property, and the taking of Native lands. Passage A presents principles (solutions) to guide transfers of property, and Passage B presents a law and how a given situation might be fixed.
If we take a step back and relate the passages, Passage B is a specific situation to which the principles in Passage A can be applied. Specifically, Passage B talks about land that was improperly taken from Native Americans, and thus the second and principles—the principles of transfer and rectification—would apply. Passage B makes room for compromise, considering the feasibility of such transfers. In speaking in principles, Passage A doesn't leave room for compromise.
Last Thoughts:
Passage A has an interesting and somewhat common structure—it presents an argument in one world ("if the world were wholly just..."), and then also covers the bases for another world ("However, not all . . . "). Thinking about the interplay between these two paragraphs is key to understanding the scope of this passage, and the role of each paragraph within it.
Question prompt
The author of passage
Remaining source text redacted.
Why the credited answer is right
Credited answer: D
The notes below walk through why it fits the stem and how to eliminate the rest.
Question Type
Legal
Answer choices
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Alegitimization of actual property Remaining source text redacted.
Why choice A is not credited
Incorrect. (Lines 23-24) Legitimizing actual property holdings would legitimize the illicit taking of Native lands, since European settlers actually held the property in question during the 18th century. Passage A believes that the fraudulent acquisition of land ("defraud", Line 24) violates the principles of just property transfer. -
Bclarification of existing laws Remaining source text redacted.
Why choice B is not credited
Incorrect. The Author of Passage A doesn't present her principles as existing laws, nor, even if she did, does she tie them to being existent in the 1700s. -
Cassurance of conformity to Remaining source text redacted.
Why choice C is not credited
Incorrect. (Lines 2-5) The principle of justice in acquisition is about legitimately coming to own something that wasn't previously owned. The INA dealt with land illicitly taken from its previous owners. -
Dprevention of violations of Remaining source text redacted.
Why choice D matches the stem
Correct. Question Type:
Must Be True
Strategy Overview:
Review the purpose of the Indian Nonintercourse and then compare that to what is said in Passage A
Answer Anticipation/Relevant Lines:
The purpose or goal of things should always be noted, so we should have a tag on the relevant section. And we know that the Indian Nonintercourse Act was discussed in Passage B.
Looking at our notes for Passage B, we can see that the purpose of the INA was stated in Lines 41-44—to prevent the fraudulent taking of Native land by others.
How does that line up with the content of Passage A? Well, we already stated that the two largely align, so Passage A would characterize this purpose in a positive light. We also know that Passage A presented a number of principles—do any of them line up with this purpose?
Yes—the principle of justice of transfer, which talks about the situations under which the transfer of property is justified. The Author of Passage A also categorizes situations in which these principles are violated—including "steal[ing] from others or defrau[ing] them" (Lines 23-24). So the Author of Passage A would characterize the purpose of the INA as being a good way to prevent someone from violating the principle of justice in transfer. Let's find an answer reflecting that.
Answer Explanation:
(Lines 6-8; Lines 23-24; Lines 41-44) The INA was meant to prevent the fraudulent transfer of lands from Native Americans to others. Passage A notes that the principle of justice in transfer is about just transfer of lands from one owner to another, and such transfers are not in accordance with this principle if they're based on fraud. So the Author of Passage A would argue that the INA was designed to prevent violations of this principle, making this the correct answer.
Key Takeaway:
When one passage presents generalizations applied in the other, be sure to focus on which generalizations apply to which sections! -
Eimplementation of a principle Remaining source text redacted.
Why choice E is not credited
Incorrect. (Lines 41-44; Lines 56-58) The INA was meant to guarantee against the fraudulent transfer of lands, not to allow that land to be returned after it was illicitly taken. While Passage B does talk about that land being returned, the purpose of the INA is more aligned with the principle of justice in transfer than the principle of rectification.
What this tests
Discussion
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D vs E 1 reply
Started by Minerva