- PowerScore Staff
- Posts: 8950
- Joined: Feb 02, 2011
- Fri Jun 02, 2017 6:11 pm
#35629
Complete Question Explanation
(See the complete passage discussion here: lsat/viewtopic.php?t=14335)
The correct answer choice is (B)
This question stem refers to the viewpoint of the district court in the 1986 case (lines 35-38).
Given that the court upheld the FWS regulations, it is clear that the court’s definition of the term
“traditional” is consistent with the statutory definition of the term.
Answer choice (A): Since the decision in the 1986 case upheld the FWS regulations, there is no
evidence that it reflects a compromise between the competing concerns surrounding the issue at
hand. This answer choice is incorrect.
Answer choice (B): This is the correct answer choice. The court’s decision in the 1986 case
followed the statutory regulations outlined by the FWS and described in the preceding paragraph.
Note that the FWS excluded items produced from sea otter pelts, because Alaska Natives had not
produced such handicrafts “within living memory” (lines 31-34). Clearly, their regulations were
based on the commonly held notion that “long-standing” refers to the continuity and regularity of a
practice, and so was the decision of the district court in the 1986 case.
Answer choice (C): This answer choice refers more closely to the decision of the court in the 1991
case, not the 1986 case. Make sure to differentiate between the multiple viewpoints expressed in the
passage.
Answer choice (D): This answer choice is incorrect, because the court’s decision in the 1986 case
upheld the restrictive statutory interpretation of “traditional” as applicable only to handicrafts
produced “within living memory.”
Answer choice (E): This is the Opposite answer. Given that the district court ruled against the Aleut
making articles of clothing from sea otter pelts, its definition of the term “traditional” certainly did
not reflect the concerns of the people engaging in what they consider to be traditional activities.
(See the complete passage discussion here: lsat/viewtopic.php?t=14335)
The correct answer choice is (B)
This question stem refers to the viewpoint of the district court in the 1986 case (lines 35-38).
Given that the court upheld the FWS regulations, it is clear that the court’s definition of the term
“traditional” is consistent with the statutory definition of the term.
Answer choice (A): Since the decision in the 1986 case upheld the FWS regulations, there is no
evidence that it reflects a compromise between the competing concerns surrounding the issue at
hand. This answer choice is incorrect.
Answer choice (B): This is the correct answer choice. The court’s decision in the 1986 case
followed the statutory regulations outlined by the FWS and described in the preceding paragraph.
Note that the FWS excluded items produced from sea otter pelts, because Alaska Natives had not
produced such handicrafts “within living memory” (lines 31-34). Clearly, their regulations were
based on the commonly held notion that “long-standing” refers to the continuity and regularity of a
practice, and so was the decision of the district court in the 1986 case.
Answer choice (C): This answer choice refers more closely to the decision of the court in the 1991
case, not the 1986 case. Make sure to differentiate between the multiple viewpoints expressed in the
passage.
Answer choice (D): This answer choice is incorrect, because the court’s decision in the 1986 case
upheld the restrictive statutory interpretation of “traditional” as applicable only to handicrafts
produced “within living memory.”
Answer choice (E): This is the Opposite answer. Given that the district court ruled against the Aleut
making articles of clothing from sea otter pelts, its definition of the term “traditional” certainly did
not reflect the concerns of the people engaging in what they consider to be traditional activities.