PrepTest 159, Section 4, Question 18

Purpose of ClaimDifficulty1 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)

In the last sentence of(15 more words not shown)

Reading the passage

What is consistent with what? The Maya rely on other common-law countries' precedents. Belize's courts customarily consult that kind of precedent when they lack a relevant domestic decision. The sentence connects the proposed method to an existing practice.

What we’re looking for

It isn't saying Belize has already recognized these particular rights. It is saying that the route the Maya use to argue for recognition is familiar.

Working the answers

  • A

    The countries share a legal tradition, but this phrase specifically concerns Belize's practice of consulting their precedents. General similarity in doctrine doesn't fully state that connection.

  • B

    The earlier sentence says Belize's courts haven't yet ruled on indigenous rights. The consistency here is procedural—using foreign precedents—not an assertion that the logging dispute reflects an existing recognition of these rights.

  • C

    Differences between jurisdictions aren't the point of the phrase. It explains why this use of foreign decisions fits Belize's customary approach.

  • D
    Correct

    In comparable situations without a relevant domestic precedent, Belize has looked to the same sort of foreign common-law decisions the Maya invoke. The author is showing that their approach follows an established practice.

  • E

    The sentence describes consistency in consulting foreign precedents, not inconsistency in deciding other civil-rights matters. No record of uneven civil-rights decisions is given.

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