PrepTest 101, Section 4, Question 13

Purpose of ParagraphDifficulty5 of 5
Passage 2Legal remedies for Native American ancestral graves and artifacts
The questionFull text in your LawHub copy of PrepTest 101

Many Native Americans view the archaeological excavation and(446 more words not shown)

The author uses the second(2 more words not shown)

Reading the passage

Paragraph 1 ends by saying common law may help if standing is established. The next paragraph takes us into property law: burying objects doesn't mean abandoning them, so a finder can't simply claim them as discarded property.

What we’re looking for

What does that do for the discussion? It shows how one kind of law could support a Native American claim. Our prediction needn't be more elaborate than that; the case is an example of a possible legal route.

Working the answers

  • A
    Correct

    “Property law, for example” signals the connection. The paragraph explains the abandonment ruling in Charrier v. Bell, then applies it to artifacts that could be returned to tribal representatives with standing. That illustrates how common law may support these claims.

  • B

    Paragraph 1 explains the standing obstacle. Paragraph 2 turns to a legal principle that could help, rather than illustrating difficulties in claiming remains.

  • C

    Communal property is mentioned, but the distinction between individual and communal ownership is developed in paragraph 3. Paragraph 2's work is to explain the abandonment rule and its possible benefit to claimants.

  • D

    The paragraph supplies a ruling and its possible application, not evidence that ancient-grave cases remain unresolved.

  • E

    A potentially useful legal principle doesn't establish applicability in most disinterment cases. A's “may support” describes the possibility the example shows; “most” would require support for a claim about the majority of cases.

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