PrepTest 101, Section 4, Question 11
Many Native Americans view the archaeological excavation and(446 more words not shown)
According to the passage, which(11 more words not shown)
- AOnce a plaintiff's(19 more words not shown)
- BThe distinction between(11 more words not shown)
- CEven when a(23 more words not shown)
- DIn most such(17 more words not shown)
- ECommon law is(18 more words not shown)
Reading the passage
What do we remember about ancient graves? Standing is harder to establish. That's a useful starting prediction, but we'll still check the text: remembering that something was “difficult” won't help if we attach the difficulty to the wrong part of the legal process.
Working the answers
- A
The difficulty described is establishing standing, not resolving the case afterward. We aren't told how complicated litigation becomes once that first obstacle is cleared.
- B
Individual versus communal ownership is discussed, but we aren't told it is usually an issue in ancient-grave cases. A principle's inclusion doesn't establish how often it arises.
- C
Paragraph 2 offers property law as useful for claims to artifacts from ancient graves. It doesn't say that property law becomes unavailable in most cases even after standing has been established.
- DCorrect
Paragraph 1 says that for most ancient graves, recognizing standing would substantially extend existing common law. That supports the lack of a clear basis under current common law. It confirms our recollection, with the important qualification that the problem concerns standing.
- E
This asks how often people who already have standing use common law. We get no frequency for that. The last sentence of paragraph 1 says common law may support their claims; the standing obstacle doesn't tell us that such claimants rarely use it.
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