Question

Difficulty: MediumFunction of Detail in Context

Read the following passage:

In examining the evolution of nineteenth-century American property jurisprudence, legal scholars frequently analyze the doctrine of prior appropriation, which emerged in the arid mining regions of the American West. Under this custom, water rights were allocated based on priority of beneficial diversion rather than traditional riparian land ownership. In the landmark 1886 decision Lux v. Haggin, Justice Elisha McKinstry sought to reconcile this regional custom with English common-law riparian doctrine by characterizing prior appropriation not as a comprehensive replacement for the common law, but as a limited local exception grounded in federal public-land authority. By framing the doctrine as a specific condition attached to federal land grants, McKinstry maintained that common-law riparian claims remained legally binding on privately deeded estates.

Statement: In the context of the passage, the author references McKinstry's characterization of prior appropriation as a 'limited local exception grounded in federal public-land authority' primarily to illustrate how the court attempted to harmonize an emergent Western legal practice with traditional common-law doctrine.

Answer: Answer

Answer

True. The author mentions McKinstry's characterization of prior appropriation as a limited local exception to demonstrate how the court sought to reconcile an innovative Western water practice with traditional English common-law principles.
The claim is accurate because the passage introduces McKinstry's argument specifically to explain how the court resolved the conflict between prior appropriation and riparian rights, using the concept of a 'limited local exception' to harmonize the two doctrines.

Step-by-Step Solution

1
Locate the referenced phrase and identify its immediate textual context in the passage.
The phrase appears where the passage explains Justice McKinstry's effort in Lux v. Haggin to address the tension between prior appropriation and English common-law riparianism.
Determining the rhetorical function of a detail requires establishing how it supports the immediate sentence and the paragraph's broader argument.
2
Analyze the structural role of the detail relative to the central purpose of the discussion.
The detail serves as the specific conceptual device McKinstry used to 'reconcile' the two competing doctrines rather than allowing one to completely displace the other.
Function questions in reading comprehension test why an author includes a piece of information rather than merely what the information states.
3
Evaluate whether the statement accurately reflects this rhetorical function.
The statement accurately claims that the detail illustrates an attempt to harmonize an emergent Western practice with traditional common-law doctrine.
Aligning the passage's stated purpose ('sought to reconcile') with the statement's claim ('attempted to harmonize') confirms the statement's accuracy.

Key Concept

Function of Detail in Context
Estimated Time:1m 15s
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