PrepTest 121, Section 3, Question 19

ApplicationDifficulty2 of 5
Passage 3Collective ownership and Native Canadian cultural property
The questionFull text in your LawHub copy of PrepTest 121

Although the rights of native peoples of Canada(452 more words not shown)

The passage most supports which(18 more words not shown)

Reading the passage

Return to what we are told about the tribal legal systems. They traditionally use collective ownership, though some now recognize private property too. We also get an important statement about the litigation: in all the claims described, Native Canadians have invoked collective ownership. Let's keep that direction straight as we check the answers.

Working the answers

  • A

    Every claimant invoking collective ownership doesn't mean every tribe with that concept has brought a claim. Some could use the concept without ever suing over cultural property.

  • B

    This makes the same unsupported restriction: only tribes that have litigated could have collective-property systems. The account doesn't make bringing a lawsuit a requirement for using that concept.

  • C
    Correct

    The text says the claimants have invoked collective ownership “in all cases.” I might initially hesitate at employs, but employing a concept means using it. The claims described rely on that collective concept, which the legal systems traditionally recognize.

  • D

    Recognizing private property doesn't guarantee success in a claim. The predicted improvement concerns courts' recognition of collective claims, not automatic wins for every tribe that also accepts private ownership.

  • E

    Nor is accepting private property made necessary for success. The writer expects courts to honor claims on the basis of collective ownership itself.

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