#13 - Specific Reference, Must Be True, Purpose/Function

[Administrator]

Complete Question Explanation

The correct answer choice is (A).

Answer choice (A): This is the correct answer choice.

Answer choice (B):

Answer choice (C):

Answer choice (D):

Answer choice (E):

This explanation is still in progress. Please post any questions below!

[rwitt09]

I chose 'E,' but now I am thinking its wrong because it takes too hard of a position with the word "most." 'A' was my second choice, but the word 'contention' through me off. It did not seem like the second paragraph was explaining any contention, but merely providing an example to support paragraph 1. I must be wrong in thinking that, but how?

[Paul Popa]

Hey 09,

You're right on the money with (E). The passage never says that property law is applicable in most discernment cases. Rather, we're told at the end of paragraph one that common law provides a basis for some Native American claims, and that, as an example, property law "can be useful," at the top of paragraph two. The passage never gives support that property law is applicable in most discernment cases, so we can get rid of (E).

I also initially found "contention" to be an odd word choice in (A), as it is so often used in a negative context, but a secondary definition of contention is "an assertion, especially one maintained in argument." In the first paragraph, the key word is "however"--we're told that Native Americans are not always successful in establishing standing, but that "in cases where standing can be achieved, however, common law may provide a basis for some Native American claims against archaeologists and museums." So, the author is contending that common law can be useful to Native Americans, and illustrates that with Charrier v. Bell. Hope this helps!

[altyson99]

Hi,

I was between A and C, but ultimately went with C. My thought process was, the first paragraph was primarily concerned with discussing how individuals can establish standing using common law. The second paragraph began the discussion of communal property, specifically in the first sentence:

"Property law, for example, can be useful in establishing Native American claims to artifacts that are retrieved in the excavation of ancient graves and can be considered the communal property of Native American tribes or communities."

The court case was then support, establishing that the buried property did in fact belong to the tribal groups (community).

I also thought A was viable because of that same first sentence, "Property law, for example..." The example is in reference to the claim in the last sentence in the first paragraph:

"...common law may provide a basis for some Native American claims against archaeologists and museums."

I can see why A is right but I guess I'm not quite seeing why C is wrong. Is it because no true "distinction" was really made? The purpose of the paragraph wasn't really to compare and contrast individual and communal property, but instead to provide and example of how common law is a viable means of support? How do I know C is wrong, is there truly no distinction being made?

Thank you in advance.

[Luke Haqq]

Hi altyson99!

The main thing I see wrong with answer choice (C) is that it seems to be referring more to the third paragraph. That paragraph starts, "More generally, United States courts have upheld the distinction between individual and communal property" (lines 48-50).

It's true that the second paragraph is concerned with something that would be communal property (artifacts retrieved from an ancient grave)--but the point of the paragraph is to indicate that some artifacts can indeed be returned. By contrast, the third paragraph goes into more detail about the distinction between communal and individual property.