Native American Burials

Answer choices

1. A

   Unknown Comparison15% picked this

   Once a plaintiff’s standing has been established, such cases are usually more difficult to resolve than are cases

   Unknown Comparison: harder to resolve Opposite, if anything We're looking for an answer that says something like, "it's hard for a plaintiff to establish standing". This is going past that and saying, "Yeah, but in the rare cases where they do get standing ..." We don't know anything about what happens in the rare cases where Native Americans do get standing, other than what the thesis tells us: in cases where standing can be achieved, common law may provide a basis for some Native American claims We don't have any text that supports the claim that ancient grave cases are harder to resolve than are cases with more recent graves. (If anything, we might think that they're easier to resolve because the Native American plaintiff probably doesn't have as strong a case).

   15%
2. B

   Out of Window: individual vs. communal23% picked this

   The distinction between individual and communal property is usually an issue

   There's nothing in our Support Window relating to individual vs. communal (that's 3rd paragraph). And the only usually we know about cases involving ancient graves is that "Usually, Native Americans aren't successful in establishing standing".

   23%
3. C

   Too Strong4% picked this

   Even when a plaintiff’s standing has been established, property law cannot be used as a basis for the claims of Native

   Too Strong: cannot be used Opposite, if anything We're looking for an answer that says something like, "it's hard for a plaintiff to establish standing". This is going past that and saying, "Yeah, but in the rare cases where they do get standing ..." We don't know anything about what happens in the rare cases where Native Americans do get standing, other than what the thesis tells us: in cases where standing can be achieved, common law may provide a basis for some Native American claims So the text we do have would actually contradict this answer. The 2nd paragraph explains that property law can be useful (in cases where standing has been achieved).

   4%
4. D

   Correct53% picked this

   In most such cases, common law does not currently provide a clear basis for establishing that

   Why this is right

   We're looking for an answer that says something like, "it's hard for a plaintiff to establish standing". This answer provides the closest match for that. We were told that, "in cases in which the grave is ancient, Native Americans are less likely to be successful [in establishing standing", and we were told that, "in most cases involving ancient graves, granting Native Americans standing would represent a significant expansion of common law". In other words, judges aren't going to be keen to do it. You'd have to be a very bold, activist judge to grant Native Americans standing in most cases involving ancient graves. Common law, as normally interpreted, would not recognize their standing.

   Skill tested: Locate Detail · how this choice captures the passage's function is the move to repeat next time.

   53%
5. E

   Too Strong6% picked this

   Common law is rarely used as a basis for the claims of Native Americans who have established

   Too Strong: rarely used Opposite, if anything We're looking for an answer that says something like, "it's hard for a plaintiff to establish standing". This is going past that and saying, "Yeah, but in the rare cases where they do get standing ..." We don't know anything about what happens in the rare cases where Native Americans do get standing, other than what the thesis tells us: in cases where standing can be achieved, common law may provide a basis for some Native American claims That thesis is practically contradicting this answer. When they can get standing, common law may provide a basis for their claims.

   6%