PrepTest 159, Section 4, Question 16

Purpose of ClaimDifficulty3 of 5
Passage 3The Maya land-rights suit and Belize’s common-law tradition
The questionFull text in your LawHub copy of PrepTest 159

The following passage was adapted from an article(439 more words not shown)

The author's primary purpose in(16 more words not shown)

Reading the passage

Why mention the absence of earlier indigenous-rights rulings in Belize? Because it explains the Maya's turn to foreign precedents. Belize normally gives weight to analogous prior cases, but has none of its own on this issue. The next move is to look at other common-law jurisdictions, which is consistent with its courts' customary practice.

Working the answers

  • A

    The statement doesn't chiefly establish how compelling the Maya's argument must be. It explains where an important part of that argument comes from.

  • B
    Correct

    Without a relevant domestic ruling, precedents from Australia, Canada, and the United States become especially important. The sentence sets up the Maya's reliance on those decisions rather than presenting it as an arbitrary appeal to foreign law.

  • C

    No lack of openness or responsiveness by the government is established. Not having ruled on a legal issue doesn't show that officials have been withholding information or refusing to respond to people's wishes.

  • D

    The absence of precedent may create a challenge, but the author doesn't identify it as the major obstacle to the suit. The paragraph uses it to explain an accepted route to supporting the claim: relevant foreign precedent.

  • E

    No ruling on an issue isn't evidence of defying international standards. The author is explaining how Belize could develop its law, not treating its lack of an earlier decision as a violation.

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