#23 - Must Be True, Author's Perspective

[Administrator]

Complete Question Explanation
(See the complete passage discussion here: lsat/viewtopic.php?t=14512)

The correct answer choice is (E)

You must select an attitude that the author most likely has, remembering to match the choices against
the author’s points and arguments. This problem is notable because several of the answer choices are
attractive, and even though the correct answer is easy to justify, a fair portion of test takers became
sidetracked prior to evaluating (E).

Answer choice (A): Since in line 13 the author referred to the general language as “necessary,” and
it is that language that led to burdening the court, it is unlikely that the author has an extremely
negative attitude toward burdening the provincial courts. The author may wish for a better scenario,
but it is not logical to conclude that his or her attitude toward the burden on the court is negative.

Answer choice (B): As discussed in answer choice (A), the author does not have an overly negative
attitude toward the general language and the diffi culties it entails, because the author views it as
necessary.

Answer choice (C): The author states that this criterion makes it diffi cult for aboriginals to support
their claims (lines 36-39), but does not actually make a specifi cally negative evaluation of that
diffi culty. Once again, the author probably considers the diffi culty somewhat necessary in the light of
the constitutional intent..

Answer choice (D): Similar to answer choice (C), the author does grant that the documentation
requirement creates diffi culties, but that is not tantamount to a negative evaluation. Diffi culty may be
necessary, so this response is incorrect.

Answer choice (E): This is the correct answer choice. This answer is easily justifi ed because the
author spent a good portion of the fi nal paragraph condemning the provincial court’s “excessively
conservative” interpretation, and implying that the provincial courts had done an unsatisfactory job
(“Regrettably”). Based on these statements, it is clear that the author makes a negative evaluation of
the provincial court’s decision.

Interestingly, answer choices (A) and (B) have a high degree of similarity, and answer choices (C)
and (D) have a high degree of similarity. Whether or not the answers in each pair are 100% identical,
the similarity of between the answer sets should concern you. As a result, answer choice (E) should
stand out somewhat.

[PowerSteve]

Even after looking over question 23 from the reading comp. section of December '04, I still find choices A and D to be enticing. I can understand why choice E is correct, but I'd appreciate it if someone could explain what makes it superior to choices A and D. Also, please let me know if there is anything in particular that I should look for in this type of "negative attitude toward" question. For instance, are there certain words I should circle when reading through the passage that would would be relevant to answering this type of question?

Thanks in advance!

~Steve

[Steve Stein]

Tough question--many test takers had problems with this one because several of the answer choices are attractive, and even though there is one clear winner, a fair portion of test takers get sidetracked before they even get to E. Here's an explanation drawn from PowerScore's Three LSATs Deconstructed:

Answer choice A: Since in line 13 the author referred to the general language as “necessary,” and it is that language that led to burdening the court, it is unlikely that the author has an extremely negative attitude toward burdening the provincial courts. The author may wish for a better scenario, but it is not logical to conclude that his or her attitude toward the burden on the court is negative.

Answer choice D: the author does mention that the documentation
requirement creates difficulties, but that is not the same as a negative evaluation--sometimes difficulty is a necessity, so this response is incorrect.

Answer choice E is strongest because the author spent a good portion of the final paragraph condemning the provincial court’s “excessively conservative” interpretation, and implying that the provincial courts had done an unsatisfactory job (“Regrettably”). Based on these statements, it is clear that the author makes a negative evaluation of the provincial court’s decision.

Let me know whether that clears this one up--thanks!

~Steve

[PowerSteve]

Thanks Steve. From your response I can understand why answer choice A is incorrect. However, I'm still a little disturbed with D being considered incorrect for the following reason: The following question, #24, inquires, "The passage provides evidence to suggest that the author would be most likely to assent to which one of the following proposals?" and the answer is, "Oral tradition should sometimes be considered legal documentation of certain indigenous customs." If I'm not mistaken, the correctness of this answer choice does imply that the difficulty in this particular case is not necessary. In addition, the correctness of that answer choice seems to be inconsistent with anything other than a negative attitude of the documentation requirement. Am I missing something here?

Thanks again for all of the help!

~Steve

[Steve Stein]

Thanks for your response. The author does mention that the documentation requirement “makes it difficult for aboriginal societies.” Not much tone there really (the author doesn’t say that this is unfortunate, for example).
Regarding answer choice E, on the other hand, the author says that the 1984 ruling was “excessively conservative…” The author goes on to say that “regrettably” that group apparently won’t succeed unless they move to a court “which will be, one hopes, more insistent upon a satisfactory application of the constitutional reforms.” It's pretty clear how the author feels about that 1984 ruling.

If you could get partial credit, I believe a case could be made for answer choice D (and, on a very closely related note, C), but E is the choice for which the passage provides the most evidence.

Let me know whether that makes sense—thanks!
~Steve

[PowerSteve]

Thanks Steve. Yes, what you wrote definitely makes sense. I'm still a little bothered by the fact that the correct answer to question 24 does imply that the author has a negative attitude toward the documentation requirement, but I'll get over it! I guess this is why the directions have the stipulation that the test taker is to choose "the best answer."

Thanks again for your help!
~Steve

[lsat2016]

Could you further explain why A is incorrect? The passage says that this enormous BURDEN has led to inconsistent interpretations. Doesn't this display a negative attitude?

[Clay Cooper]

Hi lsat2016,

Thanks for your question.

Yes, the use of the word "burden" does indeed suggest a negative attitude. However, the decision of the provincial court in 1984 clearly evokes a far more negative attitude in the author; see Steve Stein's post (two above this one) in which he points out each of the multiple instances in which the author indicates his or her displeasure with the provincial court's decision.

The author doesn't seem to appreciate the "burden" placed on the provincial courts by the constitutional reforms. However, there is clearly more evidence that the author feels negatively toward the provincial court's 1984 decision, and that is, very specifically, what we are asked in the question stem: for which answer choice is there more evidence that the author has a negative attitude toward it?

I hope that helps.

[lsat2016]

I’m still a little uncertain about answer choice A because the passage says “enormous burden” that resulted in inconsistent rights to characterize the 1982 reform while the 1984 court ruling is considered “excessively conservative”. Could you further explain how you determined which one has a more “negative” tone based on these words? Specifically, I thought the author had a more negative tone towards the 1982 reform itself because the vague definition was the cause of the 1984 court ruling, which was the effect.

Thank you!!

[Adam Tyson]

I would suggest re-reading Steve's post from 2012, above, which excerpted a more detailed explanation of the differences between answers A and E. I'll just point out two things: 1) the author not only calls the 1984 case "excessively conservative" but also follows that up by telling us that this outcome is regrettable. He offers no such condemnation about the 1982 legislation, and even appears to absolve it somewhat by noting that the constitutional language is necessarily general rather than specific. In other words, he lets the legislation off the hook, but not so the decision in the 1984 case. 2) as noted previously, you are to pick the best answer, which may not be the only good answer offered. The question asks which one has the MOST evidence supporting the author's negative attitude, and answer E has more evidence ("excessively conservative" and "regrettably" add up to more evidence than just "enormous burden" softened by "necessarily general").

Nobody is arguing that the author does NOT have a negative attitude about the burden described in Answer A, but there is more evidence to support that attitude about the 1984 decision, and so E is the better answer.