#2 - Must Be True, Subject Perspective

[Administrator]

Complete Question Explanation
(See the complete passage discussion here: lsat/viewtopic.php?t=14335)

The correct answer choice is (C)

To answer this question correctly, it is important to fully understand the rationale for the court’s
decision in the 1991 case, and not focus exclusively on line 46. As stated in lines 48-54, the reference
to “living memory” in the statutory definition of the word “traditional” imposed an excessively
restrictive time frame, which defies “common sense.”

Answer choice (A): This answer choice is attractive, but incorrect: neither the author, nor the
court, directly addressed the ways in which Alaska Natives have historically understood the term
“traditional.” The testimony described in lines 41-45 merely establishes a long-standing history of
making articles of clothing from sea otter pelts. Since tradition is primarily a legal concept (line 1), it
is a prerogative of the courts, not the Alaska Natives, to define what the term means.

Answer choice (B): The dictionary definition of “traditional” plays no role in the court’s argument.
This answer choice is incorrect.

Answer choice (C): This is the correct answer choice. The holding outlined in lines 48-54
substantiates the claim that the statutory interpretation of the term “traditional” was “strained”
because it was inconsistent with what the term is normally understood to mean (i.e. it “defies
common sense”).

Answer choice (D): This is the Opposite answer. In the court’s view, the FWS interpretation was
“excessively restrictive” (lines 48-49), which led the FWS to exclude a practice that should have
been described as “traditional.”

Answer choice (E): The FWS clearly specified what handicrafts would qualify as “traditional” (lines
28-35). The problem, in the court’s view, is that the FWS designation excluded articles that were
not produced within “living memory,” but could still qualify as “traditional.” This answer choice is
incorrect.

[Maggie White]

Hi PowerScore,

When taking this practice test, I was between "A" and "C" and ended up picking "A". I can see why C would be correct, but I'm having trouble understanding why it would be more correct than A-any help would be appreciated!

Thanks in advance!

[Adam Tyson]

Hey Maggie! The issue here is not how Alaska Natives define the term "traditional". While it is, in the specific cases being discussed, about what constitutes a tradition among those people, the important factor here is not how those people define the word "tradition", but rather how the FWS should not define it. By limiting it to a relatively short time period, during which the native people were prohibited from engaging in a certain practice, the FWS was using the term too narrowly.

That's why C is a better answer than A, because it is broader in scope and not reliant on how the particular affected people would have defined the word.

[Maggie White]

Thank you so much! That was really helpful.

[MusaMuneer9898]

I have a question regarding answer choice (D), would it not be logical to interpret the meaning of the answer choice as such, and could you please explain why not.

-" The interpretation led the FWS to use the word -TRADITION- to describe a practice (Long-standing/continuous/regular) that should not have been described as such."

[evelineliu]

Hi Musa,

In 1991, the court overturned the FWS interpretation, and its reasoning is described in lines 49-58. The court found the "living memory" rule too restrictive. The fact that circumstances intervened that prevented the native people from using certain items, the court said, doesn't make those items less traditional. In essence, the court decided that the FWS interpretation does not follow a common sense definition of "traditional."

(D) is wrong because the court's decision to hold that the FWS' interpretation led the FWS to describe a practice as non-traditional when it in fact was traditional.

Hope that helps,
Eveline

[frk215]

Hey folks! I thought c would be wrong because in the passage it does mention one of "One of the most prevalent ideas associated with the term "tradition" in the law is that tradition is based on long-standing practice, where "long-standing" refers not only to the passage of time but also to the continuity and regularity of a practice." I thought this was the author's explanation of what the term tradition is normally taken to mean, and the continuity and regularity of the practice IS interrupted if the people don't do the tradition for whatever period of time. But this supports the FWS interpretation, instead of opposing it which is what the court is doing. So then I chose A....

[katehos]

Hi frk215,

The definition of 'traditional' that you are referring to is the one FWS utilized, which the author points out is problematic in lines 19-20. The court viewed this definition as problematic as well, as the court found in lines 45-58 that this definition is restrictive and 'defies common sense.' Thus, answer choice (C) is the correct answer, because the court is saying that the common sense definition of tradition is not as 'strained' as the one the FWS used.

Hope that helps!
-Kate