PrepTest 133, Section 4, Question 6

Purpose of ClaimDifficulty4 of 5
Passage 1Tradition, sea otter handicrafts, and Alaska Native exemptions
The questionFull text in your LawHub copy of PrepTest 133

In Alaska, tradition is a powerful legal concept,(452 more words not shown)

The author's reference to the(12 more words not shown)

Reading the passage

Why mention the 1910 treaty? It supplies the ban that helps explain an interruption in hunting. That matters because the later dispute turns on whether interrupted practice can still count as traditional.

What we’re looking for

My rough prediction is historical context for why the activity stopped. Now look for an answer that connects that history to the legal dispute.

Working the answers

  • A

    The treaty's name doesn't establish when fur seals approached extinction. No such population history is supplied.

  • B

    This reference introduces a prohibition on sea otter hunting, not a survey of exemptions covering several animals.

  • C

    An earlier law could be a precedent, but the author isn't trying to establish that governments have authority to prohibit hunting. The treaty is part of the history leading to these exemption disputes.

  • D

    No responsibility for endangering sea otters is assigned to Russian hunters rather than Alaska Natives.

  • E
    Correct

    This expresses the context more broadly than my initial prediction. The treaty restricts hunting; the MMPA later provides an exemption; the FWS and courts then dispute what qualifies. The treaty therefore helps explain the development of Alaska Natives' legal rights concerning these handicrafts, rather than merely supplying an isolated historical date.

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