Although the rights of native peoples of Canada have yet to be compreh

Question

Although the rights of native peoples of Canada
have yet to be comprehensively defined in Canadian
law, most native Canadians assert that their rights
include the right not only to govern themselves and
  (5)   their land, but also to exercise ownership rights over
movable cultural property—artifacts ranging from
domestic implements to ceremonial costumes.
Assignment of such rights to native communities has
been difficult to achieve, but while traditional
  (10)   Canadian statute and common law has placed
ownership of movable property with current
custodians such as museums, recent litigation by
native Canadians has called such ownership into
question.

(15)   Canadian courts usually base decisions about
ownership on a concept of private property, under
which all forms of property are capable of being
owned by individuals or by groups functioning
legally as individuals. This system is based on a
  (20)   philosophy that encourages the right of owners to use
their property as they see fit without outside
interference. But litigation by native Canadians
challenges courts to recognize a concept of property
ownership that clashes with the private property
  (25)   concept. Although some tribes now recognize the
notion of private property in their legal systems, they
have traditionally employed a concept of collective
ownership—and in all cases in which native
Canadians have made legal claim to movable
  (30)   property they have done so by invoking this latter
concept, which is based on the philosophy that each
member should have an equal say regarding the use
of the community’s resources. Under this collective
ideology, access to and use of resources is determined
  (35)   by the collective interests of the community.
Furthermore, collective ownership casts an individual
in the role of guardian or caretaker of property rather
than as a titleholder; while every tribe member is an
owner of the property, individual members cannot sell
  (40)   this right, nor does it pass to their heirs when they
die. Nevertheless, their children will enjoy the same
rights, not as heirs but as communal owners.

Because the concept of collective property assigns
ownership to individuals simply because they are
  (45)   members of the community, native Canadians rarely
possess the legal documents that the concept of
private property requires to demonstrate ownership.
Museums, which are likely to possess bills of sale or
proof of prior possession to substantiate their claims
  (50)   of ownership, are thus likely to be recognized as
legally entitled to the property they hold, even when
such property originated with native Canadian
communities. But as their awareness of the
inappropriateness of applying the private property
  (55)   concept to all cultural groups grows, Canadian courts
will gradually recognize that native Canadians, while
they cannot demonstrate ownership as prescribed by
the notion of private property, can clearly claim
ownership as prescribed by the notion of collective
  (60)   property, and that their claims to movable cultural
property should be honored.    1 
 1. Which one of the following most accurately expresses the main idea of the passage?

(A) Litigation by native Canadians to regain control of their movable cultural property illustrates how the concept of private ownership has become increasingly obsolete and demonstrates that this concept should be replaced by the more modern concept of collective ownership.
(B) Litigation by native Canadians to regain control of their movable cultural property is likely to succeed more frequently as courts begin to acknowledge that the concept of collective ownership is more appropriate than the concept of private ownership in such cases.
(C) The conflict between the concepts of collective and private ownership that has led to litigation by native Canadians to regain control of their movable cultural property is in reality a debate over whether individuals should act as titleholders or merely as caretakers with respect to their property.
(D) The conflict between the concepts of collective and private ownership that has led to litigation by native Canadians to regain control of their movable cultural property cannot be resolved until the rights of native Canadians have been comprehensively defined in Canadian law.
(E) The conflict between the concepts of collective and private ownership that has led to litigation by native Canadians to regain control of their movable cultural property illustrates the need to expand the concept of private property to include cases of joint ownership by a collection of individuals.

2 
 2. According to the concept of private property as presented in the passage, which one of the following most completely describes the meaning of the term “property owner”?

(A) one who possesses a bill of sale to substantiate his or her claims to property ownership
(B) one who possesses proof of prior possession to substantiate his or her claims to property ownership
(C) one who is allowed to make use of his or her property in whatever manner he or she wishes
(D) one who is allowed to transfer ownership rights to his or her children as heirs
(E) one who is allowed to exercise property rights because of his or her membership in a community

3 
 3. The author’s attitude toward the possibility of courts increasingly assigning ownership rights to native communities is best described as which one of the following?

(A) certain that it will never be realized and concerned that it should
(B) concerned that it will never be realized but hopeful that it will
(C) uncertain whether it will be realized but hopeful that it will
(D) uncertain whether it will be realized but confident that it should
(E) convinced that it will be realized and pleased that it will

4 
 4. The primary function of the first paragraph of the passage is to

(A) identify some of the specific types of property at issue in litigation by native Canadians to regain control of their movable cultural property from museums
(B) describe the role of the concept of property ownership in litigation by native Canadians to regain control of their movable cultural property from museums
(C) summarize the difficulties that have been experienced in attempting to develop a comprehensive definition of the rights of native Canadians under the law
(D) provide the context within which litigation by native Canadians to regain control of their movable cultural property is occurring
(E) discuss the difficulty of deciding legal cases that rest on a clash between two cultures’ differing definitions of a legal concept

5 
 5. Given the information in the passage, Canadian courts hearing a dispute over movable cultural property between a museum and a group of native Canadians will be increasingly unlikely to treat which one of the following as a compelling reason for deciding the case in the museum’s favor?

(A) The museum is able to produce evidence that the property did not originate in the native community.
(B) The museum cannot produce written documentation of its claims to ownership of the property.
(C) The group of native Canadians produces evidence that the property originated in their community.
(D) The group of native Canadians cannot produce written documentation of their claims to ownership of the property.
(E) The group of native Canadians do not belong to a tribe that employs a legal system that has adopted the concept of private property.

6 
 6. The passage suggests that the concepts of collective and private ownership differ in each of the following ways EXCEPT:

(A) The collective concept allows groups of individuals to own property; the private concept does not.
(B) The collective concept requires consideration of community interests; the private concept does not.
(C) The collective concept assigns ownership on the basis of membership in a community; the private concept does not.
(D) The private concept allows owners to function as titleholders to their property; the collective concept does not.
(E) The private concept permits individuals to sell property; the collective concept does not.

7 
 7. The passage most supports which one of the following statements about the tribal legal systems mentioned in the second paragraph of the passage?

(A) All tribes whose legal system employs the concept of collective property have engaged in litigation over control of movable cultural property.
(B) Only tribes that have engaged in litigation over control of movable property have a legal system that employs the concept of collective property.
(C) All tribes that have engaged in litigation over control of movable cultural property have a legal system that employs the concept of collective property.
(D) All tribes whose legal system recognizes the concept of private property can expect to succeed in litigation over control of movable cultural property.
(E) Only those tribes whose legal system recognizes the concept of private property can expect to succeed in litigation over control of movable cultural property.

Source:   LSAT Official PrepTest 48   
 Difficulty Level:   700

RC Butler 2021  -  Practice Two RC Questions Everyday.   
Passage # 324 Date: 31-Aug-2021
 This question is a part of RC Butler 2021 .  Click here for Details

TryingToAceVerbal · Accepted Answer

1. Which one of the following most accurately expresses the main idea of the passage?

(A) Litigation by native Canadians to regain control of their movable cultural property illustrates how  the concept of private ownership has become increasingly obsolete and demonstrates that this concept should be replaced by the more modern concept of collective ownership .
- To strict. The concept of private ownership is not appropriate for tribes. But nowhere is stated that the concept of private ownership is obsolete or that it should be replaced.

(B) Litigation by native Canadians to regain control of their movable cultural property is likely to succeed more frequently as courts begin to acknowledge that the concept of collective ownership is more appropriate than the concept of private ownership in such cases.
- Correct. The author first sets the context, then explains some details and finally gives the main idea of the text in the form of an outlook on the future from line 53 to line 61.

(C) The conflict between the concepts of collective and private ownership that has led to litigation by native Canadians to regain control of their movable cultural property  is in reality a debate over whether individuals should act as titleholders or merely as caretakers with respect to their property .
- Overrated. The statement "collective ownership casts an individual in the role of guardian or caretaker of property rather than as a titleholder" is clearly just some sort of side information.

(D) The conflict between the concepts of collective and private ownership that has led to litigation by native Canadians to regain control of their movable cultural property  cannot be resolved until the rights of native Canadians have been comprehensively defined in Canadian law. 
- Out of scope. Maybe right maybe wrong but definitely not the main idea of the author.

(E) The conflict between the concepts of collective and private ownership that has led to litigation by native Canadians to regain control of their movable cultural property  illustrates the need to expand the concept of private property to include cases of joint ownership by a collection of individuals .
- Wrong. This is counterproductive to view of the author.

2. According to the concept of private property as presented in the passage, which one of the following most completely describes the meaning of the term “property owner”?

(A) one who possesses a bill of sale to substantiate his or her claims to property ownership
- Wrong. A way to prove that you are the property owner but not the meaning of the term property owner.

(B) one who possesses proof of prior possession to substantiate his or her claims to property ownership
- Wrong. Same as (A).

(C) one who is allowed to make use of his or her property in whatever manner he or she wishes
- Correct.
Passage: "This system is based on a philosophy that encourages the right of owners to use their property as they see fit without outside interference"

(D) one who is allowed to transfer ownership rights to his or her children as heirs
- Wrong. Just because this property does not apply to the stem - as mentioned in the text - does not mean that this property is synonymous with the meaning of the term.

(E) one who is allowed to exercise property rights because of his or her membership in a community
- Wrong. While this property applies to the tribe, it is not the meaning of private property.

3. The author’s attitude toward the possibility of courts increasingly assigning ownership rights to native communities is best described as which one of the following?

As mentioned in my answer to Q1, the author gives an outlook on the future from line 53 to line 61.
Passage: "But as their awareness of the inappropriateness of applying the private property concept to all cultural groups grows, Canadian courts will gradually recognize that native Canadians, while they cannot demonstrate ownership as prescribed by the notion of private property, can clearly claim ownership as prescribed by the notion of collective property, and that their claims to movable cultural property should be honored."
Since the text predicts a positive development of such litigation - positive from the tribes' and the author's point of view - all answers except answer (E) are incorrect because they predict a negative or uncertain development.

(A) certain that it will never be realized and concerned that it should
- Wrong.
(B) concerned that it will never be realized but hopeful that it will
- Wrong.
(C) uncertain whether it will be realized but hopeful that it will
- Wrong.
(D) uncertain whether it will be realized but confident that it should
- Wrong.
(E) convinced that it will be realized and pleased that it will
- Correct.

4. The primary function of the first paragraph of the passage is to

(A)  identify some of the specific types of property  at issue in litigation by native Canadians to regain control of their movable cultural property from museums
- Wrong. The 1st paragraph does not identify something. Especially no specific types of something.

(B)  describe the role of the concept of property ownership  in litigation by native Canadians to regain control of their movable cultural property from museums
- Wrong. But "describe" sounded good, so I kept this answer for a moment. When I later compared the answer with answer (D), however, it became clear rather quickly that this is not about describing the realities, but about describing the role of the concept of property ownership. Therefore, (B) is wrong.

(C)  summarize the difficulties  that have been experienced in attempting to develop a comprehensive definition of the rights of native Canadians under the law
- Wrong. No summarization here.

(D)  provide the context  within which litigation by native Canadians to regain control of their movable cultural property is occurring
- Correct. "provide the context" fits best.

(E)  discuss the difficulty  of deciding legal cases that rest on a clash between two cultures’ differing definitions of a legal concept
- Wrong. No discussion here. Especially no discussion about difficulty.

5. Given the information in the passage, Canadian courts hearing a dispute over movable cultural property between a museum and a group of native Canadians will be increasingly unlikely to treat which one of the following as a compelling reason for deciding the case in the museum’s favor?

To be honest, I answered the question incorrectly at first. It is important to note that your task is not to find the answer that most weakens the court's decision in favor of the museums, but to find the answer that provides the weakest argument in favor of the museums.
The relevant passage is the whole 3rd paragraph.

(A) The museum is able to produce evidence that the property did not originate in the native community.
- Wrong. The court would be likely to decide in favor of the museums.

(B) The museum cannot produce written documentation of its claims to ownership of the property.
- Wrong. If the museum could not document its own claims, the court would never rule in the museums' favor.

(C) The group of native Canadians produces evidence that the property originated in their community.
- Wrong. The court would be likely to decide in favor of the natives.

(D) The group of native Canadians cannot produce written documentation of their claims to ownership of the property.
- Correct. This case would benefit the museums, but it would be unlikely that the court would rule in favor of the museums based on this fact alone. They would have to provide some additional evidence of ownership, otherwise it would be likely that courts would recognize collective property claims in the absence of documentation. In the case of collective property claims, the court would rule in favor of the locals.

(E) The group of native Canadians do not belong to a tribe that employs a legal system that has adopted the concept of private property.
- Wrong. Not relevant. In this case, it would only be a matter of who provides proof of ownership.

6. The passage suggests that the concepts of collective and private ownership differ in each of the following ways EXCEPT:

(A) The collective concept allows groups of individuals to own property; the private concept does not.  
- Correct. This answer is correct because the statement does not hold true. The private concept allows groups of individuals to own property, too.
Passage: "Canadian courts usually base decisions about ownership on a concept of private property, under which all forms of property are capable of being owned by individuals  or by groups functioning legally as individuals ."

(B) The collective concept requires consideration of community interests; the private concept does not.  
- Wrong.
Passage: "Under this collective ideology, access to and use of resources is determined by the collective interests of the community."  and  "This system is based on a philosophy that encourages the right of owners to use their property as they see fit without outside interference."

(C) The collective concept assigns ownership on the basis of membership in a community; the private concept does not.  
- Wrong.
Passage: "Because the concept of collective property assigns ownership to individuals simply because they are members of the community"  and  "native Canadians rarely possess the legal documents that the concept of private property requires to demonstrate ownership."

(D) The private concept allows owners to function as titleholders to their property; the collective concept does not.  
- Wrong.
Passage: "This system is based on a philosophy that encourages the right of owners to use their property as they see fit without outside interference."  and  "Furthermore, collective ownership casts an individual in the role of guardian or caretaker of property rather than as a titleholder"

(E) The private concept permits individuals to sell property; the collective concept does not.  
- Wrong.
Passage: " legal documents that the concept of private property requires to demonstrate ownership .  Museums, which are likely to possess bills of sale  or proof of prior possession to substantiate their claims of ownership , are thus likely to be recognized as legally entitled to the  property they hold"  and  "while every tribe member is an owner of the property, individual members cannot sell this right"

7. The passage most supports which one of the following statements about the tribal legal systems mentioned in the second paragraph of the passage?

(A) All tribes whose legal system employs the concept of collective property have engaged in litigation over control of movable cultural property.
- Opposite. Not all tribes with property X have engaged in litigation, but all tribes who are engaged in litigation have property X.
Passage: "they have traditionally employed a concept of collective ownership—and in all cases in which native Canadians have made legal claim to movable property they have done so by invoking this latter concept"

(B) Only tribes that have engaged in litigation over control of movable property have a legal system that employs the concept of collective property.
- To strict. Not given.

(C) All tribes that have engaged in litigation over control of movable cultural property have a legal system that employs the concept of collective property.
- Correct.
Passage: "they have traditionally employed a concept of collective ownership—and in all cases in which native Canadians have made legal claim to movable property they have done so by invoking this latter concept"

(D) All tribes whose legal system recognizes the concept of private property can expect to succeed in litigation over control of movable cultural property.
- Wrong.
Passage: "Canadian courts will gradually recognize that native Canadians, while they cannot demonstrate ownership as prescribed by the notion of private property"

(E) Only those tribes whose legal system recognizes the concept of private property can expect to succeed in litigation over control of movable cultural property.
- Opposite.
Passage: "Canadian courts will gradually recognize that native Canadians, while they cannot demonstrate ownership as prescribed by the notion of private property, can clearly claim ownership as prescribed by the notion of collective property, and that their claims to movable cultural property should be honored."

Please give "Kudos" if my answer was helpful in appreciating my time invested. Giving "Kudos" is free.

Mithulesh · Answer

How the answer to the 5th question is D, it is one of the reason mentioning why native communities aren't able to justify their ownership

amritaarhea · Answer

It took me 3 mins to answer Q7. I chose C but still cant find out the difference between A and C. Kindly throw some light on it.

Sajjad1994 · Answer

Welcome to GMAT Club!

Explanation

5. Given the information in the passage, Canadian courts hearing a dispute over movable cultural property between a museum and a group of native Canadians will be increasingly unlikely to treat which one of the following as a compelling reason for deciding the case in the museum’s favor?

Difficulty Level:   Hard

Explanation

This question stem is unusually long, so we should be able to make an unusually precise prephrase. Here, we must deal with a hypothetical court case between a private owner and a native Canadian tribe.  “Increasingly unlikely”  should have sent you to the last paragraph, where the author discusses the likelihood of the courts recognizing collective property rights in favor of private property’s  “documents that…demonstrate ownership” (lines 46–47). (D)  cites the increasing likelihood that courts will recognize collective ownership claims in the absence of documentation.

(A)  Origin within the native community is cited as evidence of collective ownership in  lines 52–53 . But if a museum could prove that the property in question did not originate within the native community, courts would be less likely to recognize native claims and more likely to favor the museum. This choice is a 180.

(B)  is another 180. If the museum could not document its own claims, the court would never have been likely to rule in its favor.

(C)  and  (E)  Be careful to note exactly what the stem asks for.  (C)  gives us a piece of evidence that the courts would be increasingly likely to accept as evidence in favor of tribal ownership claims, as does

(E).  This is not the same as evidence that the courts would be less likely to use in favor of the museum.

Answer: D

Sajjad1994 · Answer

Welcome to GMAT Club!

Explanation

7. The passage most supports which one of the following statements about the tribal legal systems mentioned in the second paragraph of the passage?

Difficulty Level:   Hard

Explanation

The question stem sends us to the second paragraph, and specifically to its discussion of tribal legal systems. These systems are mentioned beginning in  line 26 , and the passage uses them as a springboard to discuss collective ownership, implying that the tribes involved in litigation have traditionally used this concept to define ownership of their cultural property. Look closely at the answer choices: they all begin with formal logic statements about the characteristics of the tribes in question. We can use our knowledge of formal logic to find the accurate description of tribal legal systems.

(A)  is a Distortion. All of the tribes that are involved in litigation employ the concept of collective property, but the reverse is not necessarily true. Eliminate.

(B) is a Distortion: while we know that the tribes engaged in litigation employ the concept of collective property, they are not necessarily the only ones. Eliminate.

(C)  hits the mark.  Lines 28–31  state that all of the tribes involved in litigation have based their claims on the concept of collective property. This choice is correct. For the record:

(D)  is yet another Distortion. While the author does mention that some tribes have recognized the concept of private property, she does not imply that this will allow them to succeed in litigation over their cultural property.

(E)  contradicts the Main Idea of the passage, that collective property rights will be increasingly recognized by the courts.

Answer: C

Kjshameem · Answer

Can someone explain Q 1 as I was caught between B and E? Thanks in advance.

Sajjad1994 · Answer

Explanation

1. Which one of the following most accurately expresses the main idea of the passage?

Difficulty Level:   Hard

Explanation

The Author’s Main Idea comes through loud and clear in the final paragraph: courts will increasingly recognize collective property rights, which will allow native Canadians to succeed more frequently in their lawsuits over cultural property.  (B)  is a perfect paraphrase of the last sentence, and the correct answer.

(A)  fundamentally distorts the author’s viewpoint. Neither private nor collective property is a concept that is  “modern”  or  “obsolete.”

(C)  Contains a detail from  lines 36–38  rather than the author’s Main Idea.

(D)  The lack of a comprehensive definition of native Canadians’ property rights may have led to the dispute outlined in the passage, but the author never implies that a comprehensive definition is necessary to resolve the dispute.

(E)  The author does not advocate an expansion of the definition of private property, as  (E)  does, but a recognition of the concept of collective property.

Answer: B

ash431994 · Answer

Can someone please explain Q6?

Sajjad1994 · Answer

Explanation

6. The passage suggests that the concepts of collective and private ownership differ in each of the following ways EXCEPT:

Difficulty Level:   700

Explanation

Four of the answer choices in this question will mention ways in which collective and private ownership differ, but the correct answer will not. We can find these differences in the  second half of paragraph 2  and use them to evaluate each choice:

(A)  At first glance, this choice may have seemed like an intuitive difference between collective and private ownership. But according to  lines 18–19 , the concept of private property allows ownership by  “groups functioning legally as individuals.”  This is something the two concepts have in common, and is thus the correct answer. For the record:  (B) Line 35  mentions the  “collective interests of the community”  as a tenet of collective ownership, but private ownership says that owners can use property  “as they see fit” (line 21).

(C)  is indeed a difference between the two concepts of ownership: unlike private property,  “collective property assigns ownership to individuals simply because they are members of the community” (lines 43–45).

(D)  The collective concept says that an individual will act as  “a guardian or caretaker…rather than as a titleholder (lines 37–38),”  implying that private property views owners as titleholders.

(E)  This point of contrast between the two concepts is mentioned in  lines 39–40.

Answer: A

Raman109 · Answer

1. Which one of the following most accurately expresses the main idea of the passage?

(A) Litigation by native Canadians to regain control of their movable cultural property illustrates how the concept of private ownership has become increasingly obsolete and demonstrates that this concept should be replaced by the more modern concept of collective ownership. - hyperbolic.

(B) Litigation by native Canadians to regain control of their movable cultural property is likely to succeed more frequently as courts begin to acknowledge that the concept of collective ownership is more appropriate than the concept of private ownership in such cases. - ok.

(C) The conflict between the concepts of collective and private ownership that has led to litigation by native Canadians to regain control of their movable cultural property is in reality a debate over whether individuals should act as titleholders or merely as caretakers with respect to their property. - Limited in scope.

(D) The conflict between the concepts of collective and private ownership that has led to litigation by native Canadians to regain control of their movable cultural property cannot be resolved until the rights of native Canadians have been comprehensively defined in Canadian law. - No such minimum condition was identified. Wrong.

(E) The conflict between the concepts of collective and private ownership that has led to litigation by native Canadians to regain control of their movable cultural property illustrates the need to expand the concept of private property to include cases of joint ownership by a collection of individuals. - The passage is about the recognition of the idea of collective ownership and not about expanding the preview of private ownership to include collective ownership. Both are separate.

Raman109 · Answer

7. The passage most supports which one of the following statements about the tribal legal systems mentioned in the second paragraph of the passage?

(A) All tribes whose legal system employs the concept of collective property have engaged in litigation over control of movable cultural property. - The passage doesn't make this claim.

(B) Only tribes that have engaged in litigation over control of movable property have a legal system that employs the concept of collective property. - No.

(C) All tribes that have engaged in litigation over control of movable cultural property have a legal system that employs the concept of collective property. - ok. "Lines 25-30: Specifically state that native Canadians have invoked the concept of collective ownership in all cases where they have made legal claims to movable property. This directly supports the assertion that all tribes engaged in such litigation employ the concept of collective property in their legal systems."

(D) All tribes whose legal system recognizes the concept of private property can expect to succeed in litigation over control of movable cultural property. - No.

(E) Only those tribes whose legal system recognizes the concept of private property can expect to succeed in litigation over control of movable cultural property. -No

VerbalBot · Answer

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