Example ·Of obstacles to recognition of rights by provincial courts
Provincial courts interpret the right to recognition of customs as applying only to customs held prior to colonization; but aboriginal societies lack legal documentation from that time
Provincial court’s interpretation was too limited, outcome is regrettable and unsatisfactory
Passage Style
Problem-analysis
Single position
26.
Based on the information in ███ ████████ ███ ██████ █████ ██ ████ ██████ ██ █████ ████ █████ ███ ██ ███ █████████ ██████████ █████ ███ ████ ████ ██ ████████
Question Type
Author’s perspective
Implied
The correct answer is likely to be supported by the last paragraph, which discusses the 1984 case. The author thinks the court’s ruling was too conservative in its assessment of existing law. In other words, the court should have interpreted “ownership” as including the sale of land and its resources.
Not supported, because the ruling did not “directly contravene” the language of the reforms. The reforms did not define “ownership.” So the court’s ruling did not contradict any explicit definition of “ownership.” Although the author thinks the court should have interpreted “ownership” differently, this doesn’t imply that the court’s ruling contradicted the language of the reforms.
Not supported, because courts are authorized to rule on the definition of property rights. The author never suggests that provincial courts are not allowed to make rulings on the definitions of words like “ownership.”
c
If there had ████ █████ ███████████ ████████ ████ ███ █████ ███ ████████ ███ ████ ██████ ███ █████████████ ██ ███████ ████████████ ███ █████ █████ ████████ ████ ██████ ███ ██████████ ███████
Not supported, because the documentary evidence issue discussed in P2 is not related to the 1984 case.
Not supported, because we have no idea from the passage whether politicians and conservative interests influenced the court’s ruling. Don’t interpret “excessively conservative in its assessment of current law” as related to conservative politicians or interests.
This is the most supported answer. The author thinks the court’s ruling was too conservative in its assessment of current law, so it’s fair to say that the court “misconstrued” the constitutional reform’s relation to existing law. In addition, there’s support for the claim that the court understood the intent of the constitutional reforms, because the court did at least attempt to grant “ownership” to the aboriginal group.
Difficulty
38% of people who answer get this correct
This is a very difficult question.
It is similar in difficulty to other questions in this passage.
CURVE
Score of students with a 50% chance of getting this right
25%159
172
75%180
Analysis
Author’s perspective
Implied
Law
Problem-analysis
Single position
Answer Popularity
PopularityAvg. score
a
36%
165
b
11%
160
c
9%
160
d
6%
160
e
38%
168
Question history
You don't have any history with this question.. yet!
You've discovered a premium feature!
Subscribe to unlock everything that 7Sage has to offer.
Hold on there, stranger! You need a free account for that.
We love that you want to get going. Just create a free account below—it only takes a minute—and then you can continue!
Hold on there, stranger! You need a free account for that.
We love that you came here to read all the amazing posts from our 300,000+ members. They all have accounts too! Just create a free account below—it only takes a minute—and then you’re free to discuss anything!
Hold on there, stranger! You need a free account for that.
We love that you want to give us feedback! Just create a free account below—it only takes a minute—and then you’re free to vote on this!
Subscribers can learn all the LSAT secrets.
Happens all the time: now that you've had a taste of the lessons, you just can't stop -- and you don't have to! Click the button.