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.
The 1991 ruling (P4) said that otter pelt use doesn’t need to have been practiced within living memory to be considered “traditional,” since Alaska Natives had made many uses of otter pelts earlier in history but then been prevented for a time by circumstances beyond their control. So the ruling would be most relevant as precedent for another case in which an Alaska Native handicraft was once common practice but then was forced to stop in more recent history.
a
A handicraft no ██████ █████████ ███ █████ ██ ██████████████ ████████ ██ ████ ████ ██████ █████ ██████████ ███████ ███████ █████████ ███
Not quite. The reasons for the 1991 ruling involved the fact that the Alaska Natives were forced to stop their handicraft because of circumstances beyond their control. (A) doesn’t involve any circumstances beyond people’s control. It just says the handicraft was once practiced and then stopped. The timescale in (A) is also way off from the timescale in the 1991 case. In the 1991 case, the handicraft was practiced up until only a few hundred years ago (late 1700s). Since we don’t know what the 1991 ruling would have been if (1) the practice had stopped millennia ago and (2) there weren’t circumstances beyond people’s control, that ruling doesn’t make good precedent for (A).
b
A handicraft that ████████ ████████ ██████ ███ █████ ██ ████ ████ ███ ███████ ████ ███ ████ ██████████ ██ ██████████
The 1991 ruling didn’t say that something counted as “traditional” if it involved hunting several endangered species. It said something counted as “traditional” if it was once common practice before being forced to stop.
The 1991 ruling said that something counts as “traditional” if it was once common practice but then was forced to stop by extenuating circumstances in more recent history. (C) describes the same kind of scenario. So the 1991 ruling would be relevant as precedent for this case.
d
A handicraft about █████ ████ █ ████ ███ ██████████ ████████████ ████ ████████████ ██ ██████████ ██ ███ █████████
The 1991 ruling didn’t say that something counted as “traditional” if it involved a historically little-known practice. To the contrary, it said something counted as “traditional” if it was once common practice (and was then forced to stop).
The 1991 ruling didn’t say that something counted as “traditional” if it simply isn’t common now. It said something counted as “traditional” if it was once common practice before being forced to stop. (E) doesn’t tell us whether the handicraft was once common or why it’s uncommon now, so the 1991 ruling isn’t relevant precedent here.
Difficulty
66% 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%148
157
75%166
Analysis
Application
Law
Problem-analysis
Single position
Answer Popularity
PopularityAvg. score
a
16%
159
b
3%
156
c
66%
165
d
2%
154
e
13%
159
Question history
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