PrepTest 133, Section 4, Question 7

ApplicationDifficulty4 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 ruling in the 1991(26 more words not shown)

Reading the passage

The 1991 court allows a practice to remain traditional despite an interruption. So I'd look for a handicraft that people once practiced, stopped for a time, and could still reasonably regard as a tradition.

Working the answers

  • A

    This initially looks possible: we have an old practice followed by a break. But we don't know why it stopped. Its age alone doesn't give us the full relationship the court addresses.

  • B

    Using more than one endangered species doesn't tell us whether a practice was interrupted or why. The ruling doesn't say that endangered status itself makes a handicraft traditional.

  • C
    Correct

    The reason for the interruption makes this the stronger match. The needed animals leave because of industrial development, so circumstances prevent people from continuing the handicraft. That parallels the court's statement about interruptions caused by “circumstances beyond their control.” We don't need to assume that C's interruption was shorter than A's; C actually supplies the relevant cause.

  • D

    Having only a few knowledgeable craftspeople doesn't establish an interruption caused by outside circumstances.

  • E

    The practice still continues among some elders. Young people's lack of knowledge doesn't present the same problem of a tradition interrupted by circumstances beyond the practitioners' control.

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