PrepTest 133, Section 4, Question 2
In Alaska, tradition is a powerful legal concept,(452 more words not shown)
The court in the 1991(24 more words not shown)
- Aignored the ways(10 more words not shown)
- Bwas not consonant(6 more words not shown)
- Cwas inconsistent with(9 more words not shown)
- Dled the FWS(17 more words not shown)
- Efailed to specify(8 more words not shown)
Reading the passage
The 1991 court thinks the FWS is stretching the meaning of traditional. The agency's living-memory requirement excludes an older practice because people stopped doing it for a time. Why does the court find that use of the word strained?
Working the answers
- A
We're given evidence of historical practices, not evidence about a specifically Alaska Native understanding of the word. The court appeals to common sense rather than to one group's definition.
- B
No dictionaries are compared. Calling a reading strained doesn't establish that it conflicts with every dictionary definition.
- CCorrect
The court says the requirement “defies common sense.” A practice doesn't cease to be a tradition merely because circumstances prevented its exercise for a period. The FWS's narrow time frame conflicts with that ordinary understanding.
- D
This goes in the wrong direction. The court objects to excluding a practice that should count as traditional. D describes including a practice that shouldn't count.
- E
The FWS did specify criteria and used them to exclude sea otter articles. The objection is to those criteria's restrictive time frame, not simply to a failure to identify qualifying handicrafts.
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