PrepTest 133, Section 4, Question 4
In Alaska, tradition is a powerful legal concept,(452 more words not shown)
The passage most strongly suggests(17 more words not shown)
- Areflects a compromise(9 more words not shown)
- Bemphasizes the continuity(10 more words not shown)
- Creflects the term's(4 more words not shown)
- Dencourages the term's(9 more words not shown)
- Ereflects the concerns(12 more words not shown)
Reading the passage
This is the 1986 court, which upheld the FWS regulations. It is not the later court that criticized them. The agency excluded the handicrafts because they hadn't been produced within living memory, so I expect an answer stressing continued practice.
Working the answers
- A
The decision upholds the regulations; no compromise between competing concerns is described.
- BCorrect
The second paragraph connects this understanding of tradition with “continuity and regularity.” Upholding the exclusion accepts the importance of continued practice, rather than treating historical use by itself as enough.
- C
The appeal to common sense comes from the later court's criticism. It isn't the stated basis for the 1986 court's restrictive definition.
- D
Nothing suggests encouraging the inclusion of newly developed activities. This understanding stresses a practice's long-standing, continuing history.
- E
We aren't told that the 1986 court defined the term around practitioners' own concerns. The basis we can identify is its acceptance of the FWS criteria, including continuity.
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