PrepTest 101, Section 4, Question 14

Main PointDifficulty3 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)

Which one of the following(8 more words not shown)

Reading the passage

We already have our main-point prediction: common law offers possible protection for Native American ancestral remains and burial artifacts when claimants can establish standing. Paragraph 1 explains that condition; the remaining paragraphs develop legal routes available within it.

What we’re looking for

Look for a version of that whole idea. The difficulty with older graves is real, but it is one limit on the remedies we explored, not the entire point.

Working the answers

  • A

    Charrier v. Bell supplies an example of legal support. Nothing establishes that Native Americans had no legal grounds before that ruling. This invents a historical claim and narrows the discussion to one case.

  • B

    Property law is important here, but the writer doesn't rank it as the most promising remedy. The choice also limits the subject to artifacts sold to museums, leaving out remains and efforts to prevent disinterment.

  • C

    Older graves do raise a standing problem. That is a supporting point from paragraph 1, not a main idea that accounts for the later discussion of available legal help.

  • D
    Correct

    This restates our prediction and preserves its condition. Paragraph 1 says that when Native Americans can establish standing, common law might support some of their claims. The property-law examples then explain how it can be useful. Both the obstacle and the possible remedies fit under this answer.

  • E

    An expansion of common law would be needed for standing in many ancient-grave cases. But the text doesn't conclude that significant recovery must wait for that change; it goes on to explain routes available under existing law.

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