PrepTest 118, Section 2, Question 21

Purpose of ClaimDifficulty3 of 5
Passage 4Interpreting constitutional protection of Aboriginal rights in Canada
The questionFull text in your LawHub copy of PrepTest 118

The following passage was written in the late(473 more words not shown)

Which one of the following(15 more words not shown)

Reading the passage

The sentence starts with “But this decision” and explains the enormous burden placed on provincial courts. We've recognized rights in broad constitutional language; now someone must turn that language into rulings for particular cases.

What we’re looking for

So my prediction is that this sentence introduces the problem. The following sentence reports the inconsistent results, and the next paragraphs show how the difficulty arises.

Working the answers

  • A

    The sentence identifies an interpretive burden. It doesn't demonstrate that court decisions rarely meet the reforms' goals. That would require a pattern of outcomes, not merely a statement of the task courts face.

  • B
    Correct

    It locates the source of the problem: courts must translate unavoidably broad constitutional terms into concrete decisions (paragraph 1). That explains why constitutional protection can still leave particular rights uncertain.

  • C

    Enacting reforms means putting the reforms into law. These reforms have already been adopted; the difficulty is applying them afterward.

  • D

    Again, this isn't an account of how reforms are enacted. It identifies the courts' interpretive task once protection has been extended.

  • E

    The writer calls the constitutional language necessarily general. Identifying the difficulty of applying that language isn't the same as criticizing the constitution for using it.

More Purpose of Claim questions

Learn the LSAT our way

Our platform drills Purpose of Claim questions at your level and adjusts as you improve.

See plans and pricing

HFL LSAT Advisor

Online

Hi! I'm HFL's LSAT advisor.

Tell me your score and goal and I'll point you to the right plan — or ask me anything.