PrepTest 106, Section 4, Question 4
Some Native American tribes have had difficulty establishing(436 more words not shown)
Based on the passage, which(19 more words not shown)
- AThe Mashpee have(8 more words not shown)
- BNative American tribes(11 more words not shown)
- CU.S. courts no(12 more words not shown)
- DU.S. courts have(13 more words not shown)
- EU.S. courts have(9 more words not shown)
Reading the passage
The final sentence says similar claims have met with “greater success” as courts have begun accommodating cultural differences. So our prediction is improvement. We haven't been told that every problem is solved or what ultimately happened to the Mashpee's particular land.
Working the answers
- A
We aren't given a later outcome for the Mashpee. Improvement in similar cases doesn't establish that this community regained control.
- B
Greater success isn't success in every suit. Nothing gives Native American tribes a perfect record of victories.
- C
The change concerns accommodation of cultural differences. We aren't told courts have stopped following the statute requiring federal approval.
- DCorrect
The obstacle in the Mashpee case was the court's inability to understand oral testimony as documentary evidence. The ending says courts are becoming more accommodating of such differences. Connecting those points supports greater willingness to accept oral testimony in land claims. That's an inference from the change described, not a new rule that every oral statement must be accepted.
- E
Accepting another way to prove self-government or occupation of territory doesn't require changing the definition of tribe. No revised definition is reported.
More Application questions
Learn the LSAT our way
Our platform drills Application questions at your level and adjusts as you improve.