LSAT and Law School Admissions Forum

Get expert LSAT preparation and law school admissions advice from PowerScore Test Preparation.

 Administrator
PowerScore Staff
  • PowerScore Staff
  • Posts: 8919
  • Joined: Feb 02, 2011
|
#35086
Passage A:

Passage Discussion

Paragraph One:

The author of this passage introduces the theory of justice regarding property, telling us that the theory is comprised of two principles, justice in acquisition and justice in transfer.

Paragraph Two:

The author’s theory of justice has a three-part explanation, or application. A person who justly acquires the property or receives it justly by transfer is entitled to keep it, while someone who does not justly acquire or receive it by transfer is not entitled to keep it. In a perfectly just world, the ownership of all property would conform to this process.

Paragraph Three:

However, the author tells us, not all property is acquired by means of justice in acquisition and justice in transfer. An implication of this deviation from the theory of justice creates difficult situations, such as the situation in which a person receives by transfer an item of property acquired unjustly. The author raises the issue of how to rectify that injustice. In response, the author answers that the property’s chain of ownership should be examined to determine the identity of the proper owner, and then the property should be given to that person.

VIEWSTAMP Analysis:

The Viewpoint presented in the passage is that of the Author.

The Structure of the passage is as follows:
  • Paragraph 1: Introduce the concept of a theory of justice regarding property, and identify its two components, justice of acquisition and justice in transfer.

    Paragraph 2: Describe how property ownership would occur if the theory of justice regarding property were perfectly applied.

    Paragraph 3: Acknowledge that the theory of justice regarding property is not always applied, and address the question of how to deal with the injustice done by violations of the principles of acquisition and transfer of property.
The Author’s Tone is academic, describing a theory.

The Main Point of the passage is that property ownership should be regulated by a theory of justice involving principles of property acquisition and transfer, and that violations of those principles should be rectified.

Passage B:

Paragraph One:

The author describes a United States federal law, the 1790 Indian Nonintercourse Act. This law made it necessary for any transfer of land from Native Americans to a non-Native American to be approved by the United States government. The purpose of the law was to keep people from fraudulently acquiring Native American land. The author tells us that the law is still in effect, and that there have been several suits brought by Native Americans pursuant to the Act.

Paragraph Two:

The author moves beyond the Act to discuss the ownership claim of Native Americans to land in North America, implicitly through the lens of the theory of justice discussed in Passage A. Based on the premise that Native Americans were the original human occupants of North America, the author argues that no non-Native American land owner in the United States has a proper claim to such ownership, and that the land should be returned to Native Americans wherever feasible.

VIEWSTAMP Analysis

The Viewpoints presented in the passage are those of the Author and, by implication, those of the United States Congress (which thought it proper to pass the Indian Nonintercourse Act) and Native Americans (who have brought lawsuits pursuant to the Act).

The Structure of the passage is as follows:
  • Paragraph 1: Describe the Indian Nonintercourse Act, including its purpose, provisions, and usage.

    Paragraph 2: Implicitly apply the theory of justice described in Passage A to argue that only Native Americans have a legitimate claim to ownership of land in the United States, and that such land should be returned to Native Americans wherever feasible.
The Author’s Tone is passionate.

The Main Point of the passage is that North American land owned by non-Native Americans is held illicitly, and that the land should be returned to Native Americans wherever it is feasible to do so.

Get the most out of your LSAT Prep Plus subscription.

Analyze and track your performance with our Testing and Analytics Package.