PrepTest 133, Section 4, Question 3
In Alaska, tradition is a powerful legal concept,(452 more words not shown)
According to the passage, the(14 more words not shown)
- Aa narrow interpretation(4 more words not shown)
- Ba common-sense interpretation(6 more words not shown)
- Cstrict adherence to(5 more words not shown)
- Da new interpretation(7 more words not shown)
- Etestimony establishing certain(2 more words not shown)
Reading the passage
The 1991 court says the restrictive definition defies common sense, so that phrase initially stands out to me. But the question asks what the decision was based on. We should check what the court considered when it reconsidered the classification.
Working the answers
- A
The narrow reading belongs to the position the 1991 court rejects. This court doesn't uphold the demand for recent, continuous practice.
- B
Common sense sounds promising, but notice what is being interpreted. The court questions the use of living memory as a limit on tradition; it doesn't reach its decision by giving that phrase a new, common-sense meaning.
- C
The court rejects the FWS's restrictive regulations. Strictly adhering to their intent doesn't describe the stated basis for that decision.
- D
The contested interpretation concerns traditional handicrafts under the MMPA. No new reading of the 1910 treaty is offered.
- ECorrect
Here is the more specific support: “After hearing testimony establishing” earlier Alaska Native uses of sea otters, the court reconsidered what counted as traditional. That testimony supplies the historical facts. The common-sense discussion explains the court's reasoning, but E identifies the evidence it considered.
More Detail questions
Learn the LSAT our way
Our platform drills Detail questions at your level and adjusts as you improve.