PrepTest 106, Section 4, Question 5

Main PointDifficulty1 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 passage is primarily concerned(1 more words not shown)

Reading the passage

Return to our main point, then ask how the writer develops it. First we hear that different cultural systems can complicate legal disputes. Then we follow the Mashpee case to see how that happens. We're explaining a general problem through a specific example.

Working the answers

  • A

    We don't compare different proposed solutions. The ending notes improvement, but doesn't evaluate various approaches for achieving it.

  • B
    Correct

    “In one instance” introduces the Mashpee case as an example of the earlier problem. Their oral evidence didn't meet the court's documentary expectations. Following that case makes the broader cultural mismatch concrete.

  • C

    Explaining the two sides isn't reconciling them. We see the town's demands, the Mashpee response, and the unsuccessful suit. The later note about greater success doesn't show how these opposing positions have been brought into agreement.

  • D

    No earlier solution is reexamined in light of new evidence. The case illustrates the problem itself.

  • E

    We aren't given an earlier analysis to reinterpret, nor a new solution developed from it. This assigns two jobs to a discussion whose main task is to show the problem.

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