#11- Concept Reference, Must Be True

[Tajadas]

Hi,

I am having trouble understanding why the answer to #11 is D.

Answer D states that "in most cases, common law does not currently provide a clear basis for establishing that Native Americans have standing."

In my opinion, this answer incorrectly refers to the sentence in the passage

indeed, in most cases, involving ancient graves, to recognize that Native Americans have standing would represent a significant expansion of common law.

This sentence states that in most cases involving ancient graves, Native Americans are not able to establish standing. However, this does not mean that common law does not provide a clear basis for standing. Maybe, for all we know, common law does provide a clear basis for standing. It just so happens that in most such cases, Native Americans do not qualify under the basis.

If anyone could help clear up my confusion I would greatly appreciate it.

[Adam Tyson]

I think you may be missing the importance of the phrase "a significant expansion of common law," Tajadas. That means that in order to establish standing in these cases, the current scope of common law would be insufficient, and we would have to create new common law, or at least greatly expand our interpretation of common law beyond what is currently the case. If common law provides a clear basis, then there would be no need to expand it! That's why the sentence you quoted provides exactly the support we need to choose answer D here.

[Jay]

Hi Powerscore,

could you explain why B is incorrect?

I chose B because in line 48 it says "more generally" so I thought distinction issue of individual and communal property was the issue of most such cases, therefore B. Thanks!

[Adam Tyson]

In this case, Jay, "more generally" refers to a broader theory, as compared to the more specific discussion of the law of abandonment in the previous paragraph. It does not mean that those distinctions are important in most cases. The fact that courts have upheld that distinction means only that some courts have done so, and the passage doesn't give us any indication of how often that is even at issue in these types of cases. Maybe it's just 5% of the time?

[Administrator]

Complete Question Explanation

The correct answer choice is (D).

Answer choice (A):

Answer choice (B):

Answer choice (C):

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

Answer choice (E):

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