PrepTest 118, Section 2, Question 27

OrganizationDifficulty1 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)

The passage as a whole(6 more words not shown)

Reading the passage

Our revised main point concerns the difficulty of applying constitutional protection. We've examined two problems: establishing that customs qualify, then determining what recognized ownership allows. I would describe the overall work as an examination of those problems, with criticism of one court's solution.

Working the answers

  • A

    The final hope for an appeal isn't a general strategy program for rights advocates. The discussion mainly explains the difficulties courts and claimants face.

  • B

    Comprehensive is too broad for this focused account of interpretive problems and two examples. It doesn't survey the full range of efforts to secure these rights.

  • C
    Correct

    The constitutional reforms aim to protect rights, and the account examines the problems that arise in implementing that protection. Both the documentation issue and the ownership dispute fit.

  • D

    The writer favors a broader application in the land case, but the whole discussion isn't an argument for revising definitions. It examines the difficulties of interpreting and applying the protection already adopted.

  • E

    We aren't given a prevalent misunderstanding that the writer sets out to correct. The organization follows practical legal problems and an unsatisfactory ruling, not a mistaken belief followed by its correction.

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