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Many Native Americans view the archaeological excavation and museum di

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Many Native Americans view the archaeological excavation and museum di  [#permalink]

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New post Updated on: 03 Oct 2019, 21:31
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New Project RC Butler 2019 - Practice 2 RC Passages Everyday
Passage # 283, Date : 22-Aug-2019
This post is a part of New Project RC Butler 2019. Click here for Details


Many Native Americans view the archaeological
excavation and museum display of ancestral skeletal
remains and items buried with them as a spiritual
desecration. A number of legal remedies that either
(5) prohibit or regulate such activities may be available to
Native American communities, if they can establish
standing in such cases. In disinterment cases, courts
have traditionally affirmed the standing of three classes
of plaintiffs: the deceased’s heirs, the owner of the
(10) property on which the grave is located, and parties,
including organizations or distant relatives of the
deceased, that have a clear interest in the preservation
of a particular grave. If an archaeologically discovered
grave is of recent historical origin and associated with
(15) an identifiable Native American community, Native
Americans are likely to establish standing in a suit to
prevent disinterment of the remains, but in cases where
the grave is ancient and located in an area where the
community of Native Americans associated with the
(20) grave has not recently lived, they are less likely to be
successful in this regard. Indeed, in most cases
involving ancient graves, to recognize that Native
Americans have standing would represent a significant
expansion of common law. In cases where standing can
(25) be achieved, however, common law may provide a
basis for some Native American claims against
archaeologists and museums.

Property law, for example, can be useful in
establishing Native American claims to artifacts that
(30) are retrieved in the excavation of ancient graves and
can be considered the communal property of Native
American tribes or communities. In Charrier v. Bell, a
United States appellate court ruled that the common
law doctrine of abandonment, which allows the finder
(35) of abandoned property to claim ownership, does not
apply to objects buried with the deceased. The court
ruled that the practice of burying items with the body
of the deceased “is not intended as a means of
relinquishing ownership to a stranger,” and that to
(40) interpret it as such “would render a grave subject to
despoliation either immediately after interment or …
after removal of the descendants of the deceased from
the neighborhood of the cemetery.” This ruling
suggests that artifacts excavated from Native American
(45) ancestral graves should be returned to representatives
of tribal groups who can establish standing in such
cases.

More generally, United States courts have upheld
the distinction between individual and communal
(50) property, holding that an individual Native American
does not have title to communal property owned and
held for common use by his or her tribe. As a result,
museums cannot assume that they have valid title to
cultural property merely because they purchased in
(55) good faith an item that was originally sold in good faith
by an individual member of a Native American
community.


1. The primary purpose of the passage is to provide an answer to which on of the following questions?

(A) How should the legal protection of Native American burial grounds be enhanced?
(B) What characteristics of Native American burial grounds enhance their chances for protection by the law?
(C) In what ways does the law protect the rights of Native Americans in regard to the contents of ancestral graves?
(D) Why are the courts concerned with protecting Native American burial grounds from desecration?
(E) By what means can Native Americans establish their rights to land on which their ancestors are buried?



2. It can be inferred that a court would be most likely to deny standing in a disinterment case to which one of the following Native American plaintiffs?

(A) one who seeks, as one of several beneficiaries of his father’s estate, to protect the father’s burial site
(B) one who seeks to prevent tenants on her land from taking artifacts from a grave located on the property
(C) one who represents a tribe whose members hope to prevent the disinterment of remains from a distant location from which the tribe recently moved
(D) one who seeks to have artifacts that have been removed from a grave determined to be that of her second cousin returned to the grave
(E) one who seeks the return of artifacts taken from the ancient burial grounds of disparate tribes and now displayed in a museum



3. According to the passage, which one of the following is true of cases involving ancient graves?

(A) Once a plaintiff’s standing has been established, such cases are usually more difficult to resolve than are cases involving more recent graves.
(B) The distinction between individual and communal property is usually an issue in such cases.
(C) Even when a plaintiff’s standing has been established, property law cannot be used as a basis for the claims of Native Americans in most such cases.
(D) In most such cases, common law does not currently provide a clear basis for establishing that Native Americans have standing.
(E) Common law is rarely used as a basis for the claims of Native Americans who have established standing in such cases.



4. The passage suggests that in making the ruling in Carrier v. Bell the Court is most likely to have considered the answer to which one of the following questions?

(A) Are the descendants of the deceased still alive?
(B) What was the reason for burying the objects in question?
(C) How long after interment had buried objects been claimed by a stranger?
(D) Did the descendants of the deceased remain in the neighborhood of the cemetery?
(E) Could the property on which buried objects were found be legally considered to be abandoned property?



5. The author uses the second paragraph to

(A) illustrate the contention that common law may support the claims of Native Americans to the contents of ancestral graves
(B) exemplify the difficulties that Native Americans are likely to encounter in claiming ancestral remains
(C) introduce a discussion of the distinction between individual and communal property
(D) confirm the contention that cases involving ancient graves present unresolved legal problems
(E) suggest that property law is applicable in most disinterment cases.



6. Which one of the following best expresses the main idea of the passage?

(A) Prior to an appellate court’s ruling in Carrier vs. Bell, Native Americans had no legal grounds for demanding the return of artifacts excavated from ancient graves.
(B) Property law offers the most promising remedies to Native Americans seeking to recover communally owned artifacts that were sold to museums without tribal authorization.
(C) The older the grave, the more difficult it is for Native Americans to establish standing in cases concerning the disposition of archaeologically excavated ancestral remains.
(D) In cases in which Native Americans can establish standing, common law can be useful in protecting ancestral remains and the artifacts buried with them.
(E) Native Americans are unlikely to make significant progress in the recovery of cultural property until common law is significantly expanded to provide them with standing in cases involving the excavation of ancient graves.



  • Source: LSAT Official PrepTest 19 (June 1996)
  • Difficulty Level: 700

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Originally posted by SajjadAhmad on 22 Aug 2019, 10:25.
Last edited by SajjadAhmad on 03 Oct 2019, 21:31, edited 1 time in total.
Updated - Complete topic (794).
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Re: Many Native Americans view the archaeological excavation and museum di  [#permalink]

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New post 15 Sep 2019, 21:21
SajjadAhmad

Please post OE for 2 and 4 questions

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Re: Many Native Americans view the archaeological excavation and museum di  [#permalink]

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New post 16 Sep 2019, 04:47
Explanation


2. It can be inferred that a court would be most likely to deny standing in a disinterment case to which one of the following Native American plaintiffs?

Difficulty Level: 700

Explanation

Lines 13-24 explain that establishing standing is easier if a grave is of “recent historical origin and associated with an identifiable Native American community.” It’s harder if the grave is ancient and the community no longer lives nearby. All of this implies that Native American plaintiffs will have a hard time gaining standing in the situation posed in answer choice (E), which involves ancient graves as well as various undifferentiated native communities.

(A), (B), (C), (D) These choices all describe scenarios in which standing could be fairly easily affirmed, according to lines 7-13.

Answer: E


4. The passage suggests that in making the ruling in Carrier v. Bell the Court is most likely to have considered the answer to which one of the following questions?

Difficulty Level: 700

Explanation

The description of Charrier v. Bell suggests that the court was moved by the fact that a grave object is intentionally buried with a deceased person and, therefore, is not abandoned. Thus, we can infer that the reason the objects in question were buried is the relevant issue in making a determination in this particular case.

(A), (C), (D) According to the passage, Charrier v. Bell found all three of these considerations to be irrelevant.

(E) The term abandoned property refers to buried objects, not land.

Answer: B


Hope it helps

gmat1393 wrote:
SajjadAhmad

Please post OE for 2 and 4 questions

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Re: Many Native Americans view the archaeological excavation and museum di  [#permalink]

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New post 19 Sep 2019, 02:52
3
Hi everyone,
Took 13:40 minutes and got 4/6 correct. Took 4:30 minutes to read, write down paragraphs summaries and main point.

-----------------------------------------------------------------------------------------------------------------------

P1
3 cases in which native Americans can reach a standing in a court when claiming property present in museum or subtracted to them

P2
An example when law supports the case of native americans

P3
Individual VS communal property. Communal property works against native Americans.

MP

To discuss how law can help or not help native Americans in getting their property back

-----------------------------------------------------------------------------------------------------------------------

1. The primary purpose of the passage is to provide an answer to which on of the following questions?

Pre-thinking:

Main point question.

Refer to main point above


(A) How should the legal protection of Native American burial grounds be enhanced?
The modality is not the main point. Hence incorrect

(B) What characteristics of Native American burial grounds enhance their chances for protection by the law?
Partial scope. Hence incorrect

(C) In what ways does the law protect the rights of Native Americans in regard to the contents of ancestral graves?
In line with pre-thinking. Hence correct

(D) Why are the courts concerned with protecting Native American burial grounds from desecration?
The wy aspect is not even discussed. Hence incorrect

(E) By what means can Native Americans establish their rights to land on which their ancestors are buried?
The purpose of the passage is to highlight how the law helps the native and not which are the means that can be used by the natives. Hence incorrect

-----------------------------------------------------------------------------------------------------------------------

2. It can be inferred that a court would be most likely to deny standing in a disinterment case to which one of the following Native American plaintiffs?

Pre-thinking:
Inference question.
Refer to P1. The standing will be denied if the burial site is ancient and if the tribe did not live close to the site recently.

(A) one who seeks, as one of several beneficiaries of his father’s estate, to protect the father’s burial site
Not in line with pre-thinking. Hence incorrect

(B) one who seeks to prevent tenants on her land from taking artifacts from a grave located on the property
Not in line with pre-thinking. Hence incorrect

(C) one who represents a tribe whose members hope to prevent the disinterment of remains from a distant location from which the tribe recently moved
Not in line with pre-thinking. Hence incorrect

(D) one who seeks to have artifacts that have been removed from a grave determined to be that of her second cousin returned to the grave
Not in line with pre-thinking. Hence incorrect

(E) one who seeks the return of artifacts taken from the ancient burial grounds of disparate tribes and now displayed in a museum
In line with pre-thinking. The site is ancient and likely he/she can't prove whether it was his/her tribe that lived there. Hence correct

-----------------------------------------------------------------------------------------------------------------------

3. According to the passage, which one of the following is true of cases involving ancient graves?

Pre-thinking:
Detail question

Ancient graves are talked mainly in P1 and P2 so let's refer to those when analyzing the AC


(A) Once a plaintiff’s standing has been established, such cases are usually more difficult to resolve than are cases involving more recent graves.
Never mentioned. Hence incorrect

(B) The distinction between individual and communal property is usually an issue in such cases.
This seems appealing but actually is out of context since it is discussed in P3 where burials are not even mentioned. hence incorrect

(C) Even when a plaintiff’s standing has been established, property law cannot be used as a basis for the claims of Native Americans in most such cases.
Never mentioned. Hence incorrect

(D) In most such cases, common law does not currently provide a clear basis for establishing that Native Americans have standing.
" Indeed, in most cases
involving ancient graves, to recognize that Native
Americans have standing would represent a significant
expansion of common law.".
Mentioned. Hence correct

(E) Common law is rarely used as a basis for the claims of Native Americans who have established standing in such cases.
Not true. rarely is inappropriate. Hence incorrect


-----------------------------------------------------------------------------------------------------------------------

4. The passage suggests that in making the ruling in Carrier v. Bell the Court is most likely to have considered the answer to which one of the following questions?

Pre-thinking:
Inference question

Let's analyze P2.
"The court
ruled that the practice of burying items with the body
of the deceased “is not intended as a means of
relinquishing ownership to a stranger,”

What if the times buried were not owned by the person buried?
In that case the all argument breaks since no ownership=no right to claim property


(A) Are the descendants of the deceased still alive?
This can be ruled out per the last lines of the paragraphs: the representatives are the new owners. Descendants are irrelevant. Hence incorrect

(B) What was the reason for burying the objects in question?
This is interesting. Let's suppose the reason to bury an object with a person is linked with a tradition. If, like in this case, the object does not belong to the owner than the tribe representative may have no right to claim the object back. Correct

(C) How long after interment had buried objects been claimed by a stranger?
irrelevant

(D) Did the descendants of the deceased remain in the neighborhood of the cemetery?
irrelevant

(E) Could the property on which buried objects were found be legally considered to be abandoned property?
irrelevant.

-----------------------------------------------------------------------------------------------------------------------

5. The author uses the second paragraph to

Pre-thinking:
Function question.
" In cases where standing can
(25) be achieved, however, common law may provide a
basis for some Native American claims against
archaeologists and museums.

Property law, for example,....."


(A) illustrate the contention that common law may support the claims of Native Americans to the contents of ancestral graves
In line with pre-thinking. Hence correct

(B) exemplify the difficulties that Native Americans are likely to encounter in claiming ancestral remains
Not in line with pre-thinking. Hence incorrect

(C) introduce a discussion of the distinction between individual and communal property
Not in line with pre-thinking. Hence incorrect

(D) confirm the contention that cases involving ancient graves present unresolved legal problems
Not in line with pre-thinking. Hence incorrect

(E) suggest that property law is applicable in most disinterment cases.
Not in line with pre-thinking. Hence incorrect

-----------------------------------------------------------------------------------------------------------------------

6. Which one of the following best expresses the main idea of the passage?

Pre-thinking:
Main point question.
Refer to main point above


(A) Prior to an appellate court’s ruling in Carrier vs. Bell, Native Americans had no legal grounds for demanding the return of artifacts excavated from ancient graves.
[b]Not the purpose. Incorrect[/b]

(B) Property law offers the most promising remedies to Native Americans seeking to recover communally owned artifacts that were sold to museums without tribal authorization.
most promising is too extreme. Hence incorrect

(C) The older the grave, the more difficult it is for Native Americans to establish standing in cases concerning the disposition of archaeologically excavated ancestral remains.
Partial scope. Hence incorrect

(D) In cases in which Native Americans can establish standing, common law can be useful in protecting ancestral remains and the artifacts buried with them.
Common law is indeed the protagonist of the passage. Hence correct

(E) Native Americans are unlikely to make significant progress in the recovery of cultural property until common law is significantly expanded to provide them with standing in cases involving the excavation of ancient graves.
Never mentioned and not the purpose. Hence incorrect

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Re: Many Native Americans view the archaeological excavation and museum di   [#permalink] 19 Sep 2019, 02:52
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