PrepTest 106, Section 4, Question 3

Author's OpinionDifficulty1 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)

The author's attitude toward the(21 more words not shown)

Reading the passage

The writer sees a problem with the court's handling of this cultural difference. Which phrase shows that judgment? We need the writer's critical wording, not just an event that we might personally find unfair.

Working the answers

  • A

    This identifies the legal setting in which the Mashpee had to operate. It doesn't evaluate that setting.

  • B

    This reports their continued control over land use. It's background, not a judgment about the decision.

  • C

    This describes what the Mashpee had to demonstrate. The phrase itself doesn't say that requiring it was wrong.

  • D

    This reports the town's demand concerning boundaries. It doesn't express the writer's attitude toward that demand.

  • E
    Correct

    A “failure to accommodate” is a shortcoming. The surrounding sentence connects it with obstacles to “the fairness of legal decisions.” This wording criticizes the failure to account for cultural differences rather than merely describing a procedure.

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