Hi everyone,
Took 18 minutes and got 5/7 correct. Took me 5:30 minutes to read, write down paragraphs summaries and main point.
---------------------------------------------------------------------------------------------------------P1The first paragraph presents a contrast. While the term law has a strong legal presence in Alaska, the definition of the term can lead to problems and inconsistencies in certain cases.
P2Paragraph 2 tells us the prevalent definition of tradition:
long standing practice. This relates not only to the time factor but also on the regular and constant practice of a tradition.
As we can see this could lead to some problems in cases where a tradition was discontinued in the past and then was practiced later on.
Paragraph 2 tell us also that there are
two cases that proved the term to be problematic
P3Paragraph 3 gives us historical facts. Prohibition of hunting sea otters in 1910; The Marine Mammal Protection Act (MMPA) of 1972 with an exception for making traditional items.
Subsequent regulations asked by Fish and Wildlife Service according to which items that did not belong to the classification "within a living memory" cannot be classified as traditional.
P4Paragraph 4 talks about two cases. The first one supports the FWS ideas while the second one doubts the same. In fact it is established that the definition of a tradition based on the expression "within living memory" is too restrictive since there could be traditions (maybe forgotten) that could not be practiced because of other circumstances.
Main PointThe main point is to discuss the evolution of the term tradition in Alaska in legal terms
--------------------------------------------------------------------------------------------------------1. Which one of the following most accurately expresses the main point of the passage?
Pre-thinking:Main point question
Refer to main point above
(A) Two cases involving the use of sea otter pelts by Alaska Natives illustrate the difficulties surrounding the application of the legal concept of tradition in Alaska.
In line with pre-thinking. Hence correct(B) Two court decisions have challenged the notion that for an activity to be considered “traditional,” it must be shown to be a long-standing activity that has been regularly and continually practiced.
Wrong and [b]Not in line with pre-thinking. Hence incorrect[/b]
(C) Two court cases involving the use of sea otter pelts by Alaska Natives exemplify the wave of lawsuits that are now occurring in response to changes in natural-resource and public-lands
regulations.
Not in line with pre-thinking. Hence incorrect(D) Definitions of certain legal terms long taken for granted are being reviewed in light of new evidence that has come from historical sources relating to Alaska Native culture.
Not in line with pre-thinking. Hence incorrect(E) Alaskan state laws and U.S. federal laws are being challenged by Alaska Natives because the laws are not sufficiently sensitive to indigenous peoples’ concerns.
Not in line with pre-thinking. Hence incorrect---------------------------------------------------------------------------------------------------------2. The court in the 1991 case referred to the FWS’s interpretation of the term “traditional” as “strained” (Highlighted) because, in the court’s view, the interpretation
Pre-thinking:Detail question
Let's refer to the last paragraph. It is said that the FWS definition of tradition is limited because it is too narrow and there could be traditions that are outside of the scope of this definition
(A) ignored the ways in which Alaska Natives have historically understood the term “traditional”
Not in line with pre-thinking. Hence incorrect(B) was not consonant with any dictionary definition of “traditional”
Not in line with pre-thinking. Hence incorrect(C) was inconsistent with what the term “traditional” is normally understood to mean
In line with pre-thinking. Hence correct(D) led the FWS to use the word “traditional” to describe a practice that should not have been
described as such
Not in line with pre-thinking. Hence incorrect(E) failed to specify which handicrafts qualified to be designated as “traditional”
Not in line with pre-thinking. Hence incorrect----------------------------------------------------------------------------------------------------------3. According to the passage, the court’s decision in the 1991 case was based on which one of the following?
Pre-thinking:Detail question
Testimonies. "After hearing testimony establishing that Alaska Natives had made many ...."
(A) a narrow interpretation of the term “long-standing”
Never mentioned. Hence incorrect(B) a common-sense interpretation of the phrase “within living memory”
Opposite. Hence incorrect(C) strict adherence to the intent of FWS regulations
Never mentioned. Hence incorrect(D) a new interpretation of the Fur Seal Treaty of 1910
Never mentioned. Hence incorrect(E) testimony establishing certain historical facts
In line with pre-thinking. Hence correct----------------------------------------------------------------------------------------------------------4. The passage most strongly suggests that the court in the 1986 case believed that “traditional” should be defined in a way that
Pre-thinking:Inference question
Paragraph 4. The case supported the FWS principles. So any answer choice in line with FWS principles will be the correct answer choice
(A) reflects a compromise between the competing concerns surrounding the issue at hand
out of scope. Hence incorrect(B) emphasizes the continuity and regularity of practices to which the term is applied
Indeed this is what FWS thinks. Hence correct(C) reflects the term’s usage in everyday discourse
Out of cope. Hence incorrect(D) encourages the term’s application to recently developed, as well as age-old, activities
Out of scope. Hence incorrect(E) reflects the concerns of the people engaging in what they consider to be traditional activities
Cannot be inferred from the information given. Hence incorrect---------------------------------------------------------------------------------------------------------5. Which one of the following is most strongly suggested by the passage?
Pre-thinking:Inference question
Let's analyze the answer choices
(A) Between 1910 and 1972, Alaska Natives were prohibited from hunting sea otters.
It is a reasonable inference since the only change in the policy of sea otters hunting came with the law in 1972. Hence correct(B) Traditional items made from sea otter pelts were specifically mentioned in the Alaska Native exemption of the MMPA.
We know there was a lack in details in the MMPA so this cannot be inferred.(C) In the late 1700s, Russian hunters pressured the Russian government to bar Alaska Natives from hunting sea otters.
Cannot be inferred from the given information. Hence incorrect (D) By 1972, the sea otter population in Alaska had returned to the levels at which it had been prior to the late 1700s.
Cannot be inferred from the given information. Hence incorrect (E) Prior to the late 1700s, sea otters were the marine animal most often hunted by Alaska Natives.
Cannot be inferred from the given information. Hence incorrect -----------------------------------------------------------------------------------------------------------6. The author’s reference to the Fur Seal Treaty (Highlighted) primarily serves to
Pre-thinking:Purpose question
The purpose is to give us historical facts that help us understand the context better
(A) establish the earliest point in time at which fur seals were considered to be on the brink of extinction
Not the purpose. Hence incorrect(B) indicate that several animals in addition to sea otters were covered by various regulatory exemptions issued over the years
Not the purpose. Hence incorrect(C) demonstrate that there is a well-known legal precedent for prohibiting the hunting of protected animals
Indeed in line with pre-thinking. Hence correct(D) suggest that the sea otter population was imperiled by Russian seal hunters and not by Alaska Natives
Not the purpose. Hence incorrect(E) help explain the evolution of Alaska Natives’ legal rights with respect to handicrafts defined as “traditional”
Not the purpose. Hence incorrect--------------------------------------------------------------------------------------------------------7. The ruling in the 1991 case would be most relevant as a precedent for deciding in a future case that which one of the following is a “traditional” Alaska Native handicraft?
Pre-thinking:Inference question
So what was peculiar about this case was the re-definition of the word tradition. Since then a tradition could be also a practice that was considered as a tradition but that could not be performed because of other circumstances
(A) A handicraft no longer practiced but shown by archaeological evidence to have been common among indigenous peoples several millennia ago
Could be considered as a tradition but the case won't help. Hence incorrect(B) A handicraft that commonly involves taking the pelts of more than one species that has been designated as endangered
Out of scope. Hence incorrect(C) A handicraft that was once common but was discontinued when herd animals necessary for its practice abandoned their local habitat due to industrial development
In line with pre-thinking. Hence correct(D) A handicraft about which only a very few indigenous craftspeople were historically in possession of any knowledge
Could be considered as a tradition but the case won't help. Hence incorrect(E) A handicraft about which young Alaska Natives know little because, while it was once common, few elder Alaska Natives still practice it
Could be considered as a tradition but the case won't help. Hence incorrect-----------------------------------------------------------------------------------------------------------It is a good day to be alive, cheers!