Context for the two court cases ·Between 1910 and 1972, natives couldn't hunt sea otters
In 1972, a statute was passed allowing natives to hunt, but only for use in making authentic native articles by means of "traditional native handicrafts."
Second court case ·Government agency's interpretation overturned
Court heard testimony showing that before Alaska was occupied, natives had used sea otters for many things. This showed that making stuff out of sea otter pelts was "traditional." The gov agency's interpretation of "traditional" was too narrow.
Passage Style
Problem-analysis
Single position
3.
According to the passage, the ███████ ████████ ██ ███ ████ ████ ███ █████ ██ █████ ███ ██ ███ ██████████
Question Type
Stated
The 1991 case is discussed in P4. The court’s decision was to expand the interpretation of “traditional,” and it based this decision on testimony about how Alaska Natives had previously been using sea otters until they were stopped by circumstances beyond their control.
a
a narrow interpretation ██ ███ ████ ███████████████
Anti-supported. The court disagreed with the FWS’s narrow interpretation. Their decision to reject that narrow interpretation was based on testimony about how Alaska Natives had previously been using sea otters. This is what (E) says.
b
a common-sense interpretation ██ ███ ██████ ███████ ██████ ███████
Unstated. The court wasn’t worried about how to interpret “within living memory.” Its problem was that “within living memory” was a bad basis for deciding whether to consider something “traditional.” The court’s decision was to allow something to count as traditional even if it wasn’t practiced within living memory. And it based this decision on testimony about how Alaska Natives had previously been using sea otters before living memory. That’s the basis that (E) correctly refers to.
c
strict adherence to ███ ██████ ██ ███ ███████████
Unstated. As far as we can tell, the intent of FWS regulations was simply to lay out what counted as authentic native articles. So (C) effectively says that the court’s reason for expanding what counted as authentic native articles was just the desire to strictly define what counted as authentic native articles. This wasn’t the court’s reason. Its reason was that, according to testimony, Alaska Natives had previously been using sea otters before living memory.
d
a new interpretation ██ ███ ███ ████ ██████ ██ ████
Unstated. The court’s decision wasn’t based on a new interpretation of the treaty; it was just based on a different interpretation of the term “traditional.”
e
testimony establishing certain ██████████ █████
Stated. The court based its decision on testimony about how Alaska Natives had previously been using sea otters until they were stopped by circumstances beyond their control.
Difficulty
72% of people who answer get this correct
This is a 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%142
153
75%163
Analysis
Stated
Law
Problem-analysis
Single position
Answer Popularity
PopularityAvg. score
a
6%
158
b
15%
159
c
2%
157
d
5%
160
e
72%
165
Question history
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