by noah Wed Dec 09, 2009 3:18 pm
Hey There, Sorry for the delay -- the post got lost in the after-rush of the last LSAT.
Looking over this passage, we see the following:
Para 1: Background on rights, current situation: "this decision has placed on provincial courts the enormous burden . . ."
Para 2: example of this problematic arrangement (how aboriginal people have struggled to have their rights respected in terms of rulings
Para 3: is another example, with a similar purpose as paragraph 2.
So, for question 20, (C) encompasses the passage's main gist: that problems that have arisen in interpreting constitutional rights.
(A) is too extreme -- "overly conservative"?
(B) use of "overwhelming" is suspicious, but more importantly, the answer is too narrow. Land ownership is an example of a broader problem.
(D) is unsupported. While provincial courts have perhaps made decisions that were problematic for aboriginal peoples, there's no indication that the courts made those decision in order to limit those rights. Perhaps the courts were simply following the letter of the law.
(E) is too narrow. While the Supreme Court is noted as a possible remedy, it is only one small point, and is offered as a "dovetail" at the end of the passage.
Tell me if that helps.