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
20.
Which one of the following ████ ██████████ ██████ ███ ████ █████ ██ ███ ████████
Question Type
Main point
This is a Problem-Analysis passage in which the author doesn’t discuss a potential solution. Rather, the author focuses on showing the existence of a problem: the fact that courts must interpret and translate general constitutional language results in inconsistent recognition and establishment of aboriginal rights. This point is expressed at the end of P1.
The problem isn’t that aboriginal peoples haven’t been able to “gain full ownership of land.” The problem is inconsistent recognition and establishment of aboriginal rights.
(D) doesn’t capture that idea that the burden of interpreting general constitutional language has resulted in inconsistent recognition and establishment of aboriginal rights. (D) is too narrowly focused on some courts’ decisions. But the author brought up a court decision in the last paragraph to support the broader main point expressed at the end of P1.
(E) doesn’t capture that idea that the burden of interpreting general constitutional language has resulted in inconsistent recognition and establishment of aboriginal rights. Although the author mentions the Supreme Court at the end, that reference is in connection with an individual provincial court decision, and that decision is brought up to support the broader main point expressed at the end of P1.
Difficulty
88% of people who answer get this correct
This is a moderately difficult question.
It is significantly easier than other questions in this passage.
CURVE
Score of students with a 50% chance of getting this right
25%137
146
75%155
Analysis
Main point
Law
Problem-analysis
Single position
Answer Popularity
PopularityAvg. score
a
4%
157
b
4%
158
c
88%
165
d
3%
157
e
2%
158
Question history
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