PrepTest 106, Section 4, Question 2

DetailDifficulty3 of 5
Passage 1The Mashpee land claim and differences in cultural approaches to evidence
The questionFull text in your LawHub copy of PrepTest 106

Some Native American tribes have had difficulty establishing(436 more words not shown)

According to the passage, the(8 more words not shown)

Reading the passage

The land was sold without federal approval. That's the alleged violation behind the lawsuit. New residents moving in explains how political control shifted; it isn't itself the legal objection.

Working the answers

  • A

    Population change is background to the sales, not the action the lawsuit challenges.

  • B

    A law being violated is different from a law being repealed. The Mashpee invoke the statute's protection; they don't complain that it was removed.

  • C

    The timeline is wrong. The Mashpee retained authority over land use even after incorporation (paragraph 2). The loss wasn't immediate upon incorporation.

  • D

    No Mashpee deed is described as being presented and refused. The town demands written proof during the case, and the Mashpee respond with oral testimony. That later evidentiary dispute isn't the land-transfer violation on which they sued.

  • E
    Correct

    The new residents bought Mashpee-controlled land, and the suit alleges a violation of the statute prohibiting such transfers “without federal approval.” Keep that missing approval in the answer. The complaint isn't simply that a sale occurred; it's that the sale lacked the required federal authorization.

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