#12 - Concept Reference, Must Be True

[Administrator]

Complete Question Explanation

The correct answer choice is (B).

Answer choice (A):

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

Answer choice (C):

Answer choice (D):

Answer choice (E):

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

[est15]

None of the answers really stood out to me as correct when I was attempting this question. Could you explain the thought process behind answering this problem as well as what makes B correct?

Thanks.

[Steve Stein]

Hi,

That question asks for the plaintiff most likely to be denied in a disinternment case, In the passage, the author notes that standing has traditionally been affirmed to three classes of plaintiffs (beginning on line 9): the heirs of the deceased, the owner of the property where the grave is located, and parties that have a clear interest in preserving a particular grave.

Later in the paragraph the author notes that for cases dealing with ancient graves, in a location where a tribe has not recently lived, plaintiffs are less likely to be successful.

Together, this information would lead us to answer choice (E) as the plaintiff who would be least likely to be successful.

I hope that's helpful! Please let me know whether this is clear--thanks!

Steve

[est15]

Hi,

I think that was the explanation for #10. I was having trouble understanding why B was correct and why the other choices were wrong for #12 for this same passage.

[Steve Stein]

Hi,

Thanks for your response. It would be helpful to know how you broke that question down, and which answer choices you found appealing.

Let me know--thanks!

~Steve

[est15]

Hi,

I took a look at question 12 again, and I was able to eliminate the other answers and pick B. I wanted to make sure that my reasoning was correct though. So is B the right answer because the part where it says "burying items is not intended as a means of relinquishing ownership" is an answer to the question proposed in choice B?

[KelseyWoods]

Hi est15!

That is correct. In the Charrier v. Bell ruling, the court says that since the reason for burying the objects with the deceased was not intended to be relinquishing ownership to a stranger, then the 'finders keepers' common law doctrine does not apply. So the court considered the reason for burying the objects.

Good job reasoning this one!

Best,
Kelsey

[zubinator3000]

I was stuck between answer choice B and E. Can someone please explain why B is a better answer choice than E.

[Adam Tyson]

Sure thing, zubinator! Answer is raises a question about the status of the property on which buried objects were found, rather than about the buried objects themselves. It's not about whether the people who buried the objects have abandoned the land, but whether they have abandoned the specific buried objects. Thy native American people who buried a person with certain objects may or may not still be on the same piece of real estate that contains the grave, and they may have left the land without abandoning it (like selling it, or being forced off of it, neither of which is the same as "abandoning" it). The question was whether they intended to "abandon" the objects when the buried them, not whether they abandoned the land in which the property is buried. That's the crucial distinction that rules out answer E!