- PowerScore Staff
- Posts: 8950
- Joined: Feb 02, 2011
- Sat Jan 21, 2012 12:00 am
#28072
Complete Question Explanation
(See the complete passage discussion here: lsat/viewtopic.php?t=14335)
The correct answer choice is (C)
The court in the 1991 case held that the term “traditional” need not refer to an activity that was only
exercised within living memory: “the fact that Alaskan natives were prevented, by circumstances
beyond their control, from exercising a tradition for a given period of time does not mean that it has
been lost forever or that it has become any less a ‘tradition’” (lines 49-53).
This question tests your ability to apply the ruling in the 1991 case to a decision in a future case—a
common exercise for first-year law students.
Answer choice (A): This answer choice is attractive, but incorrect. Just because the handicraft was
common among indigenous peoples several millennia ago does not mean that the handicraft would
automatically qualify as “traditional.” The court’s interpretation does not extend to all activities that
were once common, but only to activities that may have been interrupted for reasons beyond the
natives’ control.
Answer choice (B): There is no reason to suspect that the court meant to define any activity that
involves taking the pelts of multiple endangered species as “traditional.” This answer choice is
incorrect.
Answer choice (C): This is the correct answer choice. Because the handicraft in question was
once common, but was discontinued for reasons beyond the native’s control, the court’s ruling in the
1991 case can be used to qualify the handicraft as “traditional.”
Answer choice (D): The relative popularity of the handicraft among the indigenous craftspeople is
irrelevant to determining whether it qualifies for protection as “traditional.” This answer choice is
incorrect.
Answer choice (E): The description of this handicraft suggests that its popularity among Alaska
Natives is gradually diminishing. The ruling in the 1991 case provides no rationale for protecting
such handicrafts as “traditional,” even if they were once common. This answer choice is incorrect.
(See the complete passage discussion here: lsat/viewtopic.php?t=14335)
The correct answer choice is (C)
The court in the 1991 case held that the term “traditional” need not refer to an activity that was only
exercised within living memory: “the fact that Alaskan natives were prevented, by circumstances
beyond their control, from exercising a tradition for a given period of time does not mean that it has
been lost forever or that it has become any less a ‘tradition’” (lines 49-53).
This question tests your ability to apply the ruling in the 1991 case to a decision in a future case—a
common exercise for first-year law students.
Answer choice (A): This answer choice is attractive, but incorrect. Just because the handicraft was
common among indigenous peoples several millennia ago does not mean that the handicraft would
automatically qualify as “traditional.” The court’s interpretation does not extend to all activities that
were once common, but only to activities that may have been interrupted for reasons beyond the
natives’ control.
Answer choice (B): There is no reason to suspect that the court meant to define any activity that
involves taking the pelts of multiple endangered species as “traditional.” This answer choice is
incorrect.
Answer choice (C): This is the correct answer choice. Because the handicraft in question was
once common, but was discontinued for reasons beyond the native’s control, the court’s ruling in the
1991 case can be used to qualify the handicraft as “traditional.”
Answer choice (D): The relative popularity of the handicraft among the indigenous craftspeople is
irrelevant to determining whether it qualifies for protection as “traditional.” This answer choice is
incorrect.
Answer choice (E): The description of this handicraft suggests that its popularity among Alaska
Natives is gradually diminishing. The ruling in the 1991 case provides no rationale for protecting
such handicrafts as “traditional,” even if they were once common. This answer choice is incorrect.
Good point!