- PowerScore Staff
- Posts: 8950
- Joined: Feb 02, 2011
- Sat May 27, 2017 1:48 pm
#35446
Complete Question Explanation
(See the complete passage discussion here: lsat/viewtopic.php?t=14335)
The correct answer choice is (E)
The question stem refers to the court’s decision in the 1991 case, which is outlined in the last
paragraph. Be careful not to confuse the various legal viewpoints expressed in the passage, and
watch out for shell game answers.
Answer choice (A): This answer choice describes the commonly held viewpoint outlined in the
second paragraph (lines 13-17). By contrast, the court’s decision in the 1991 case sought to expand
this interpretation and apply it to certain practices that may not have been continuous or regular. This
answer choice is incorrect.
Answer choice (B): This is a Shell Game answer. The court’s decision was based on a commonsense
interpretation of the term “traditional,” not of the phrase “within living memory” (lines 54-57).
Answer choice (C): This is the Opposite answer. The court’s decision in the 1991 case rejected the
rationale for the FWS regulations, holding that they were based on a “strained interpretation” of the
word “traditional.”
Answer choice (D): The decision rendered in the 1991 case was not based on a new interpretation
of the Fur Seal Treaty of 1910, which merely prohibited the hunting of sea otters. Rather, the 1991
court provided a new interpretation of the FWS regulations specifying what types of articles are
exempted from the prohibition. This answer choice is incorrect.
Answer choice (E): This is the correct answer choice. The court’s decision in the 1991 case was
rendered after the court heard testimony establishing that Alaska Natives had made many uses of sea
otters before the occupation of the territory by Russia in the late 1700s (lines 41-45).
(See the complete passage discussion here: lsat/viewtopic.php?t=14335)
The correct answer choice is (E)
The question stem refers to the court’s decision in the 1991 case, which is outlined in the last
paragraph. Be careful not to confuse the various legal viewpoints expressed in the passage, and
watch out for shell game answers.
Answer choice (A): This answer choice describes the commonly held viewpoint outlined in the
second paragraph (lines 13-17). By contrast, the court’s decision in the 1991 case sought to expand
this interpretation and apply it to certain practices that may not have been continuous or regular. This
answer choice is incorrect.
Answer choice (B): This is a Shell Game answer. The court’s decision was based on a commonsense
interpretation of the term “traditional,” not of the phrase “within living memory” (lines 54-57).
Answer choice (C): This is the Opposite answer. The court’s decision in the 1991 case rejected the
rationale for the FWS regulations, holding that they were based on a “strained interpretation” of the
word “traditional.”
Answer choice (D): The decision rendered in the 1991 case was not based on a new interpretation
of the Fur Seal Treaty of 1910, which merely prohibited the hunting of sea otters. Rather, the 1991
court provided a new interpretation of the FWS regulations specifying what types of articles are
exempted from the prohibition. This answer choice is incorrect.
Answer choice (E): This is the correct answer choice. The court’s decision in the 1991 case was
rendered after the court heard testimony establishing that Alaska Natives had made many uses of sea
otters before the occupation of the territory by Russia in the late 1700s (lines 41-45).