GMAT阅读OG 13 26篇详细分析-13

　　新东方在线为大家精心整理了GMAT阅读OG 13 26篇详细分析的相关内容，分享给大家，供大家参考，希望对大家有所帮助!

　　In Winters v. United States (1908), the Supreme Court held that the right to use waters flowing through or adjacent to the Fort Belknap Indian Reservation was reserved to American Indians by the treaty establishing the reservation. Although this treaty did not mention water rights, the Court ruled that the federal government, when it created the reservation, intended to deal fairly with American Indians by reserving for them the waters without which their lands would have been useless. Later decisions, citing Winters, established that courts can find federal rights to reserve water for particular purposes if (1) the land in question lies within an enclave under exclusive federal jurisdiction, (2) the land has been formally withdrawn from federal public lands—i.e., withdrawn from the stock of federal lands available for private use under federal land use laws—and set aside or reserved, and (3) the circumstances reveal the government intended to reserve water as well as land when establishing the reservation.[line10-20]

　　Some American Indian tribes have also established water rights through the courts based on their traditional diversion and use of certain waters prior to the United States' acquisition of sovereignty. For example, the Rio Grande pueblos already existed when the United States acquired sovereignty over New Mexico in 1848. Although they at that time became part of the United States, the pueblo lands never formally constituted a part of federal public lands; in any event, no treaty, statute, or executive order has ever designated or withdrawn the pueblos from public lands as American Indian reservations. This fact, however, has not barred application of the Winters doctrine. What constitutes an American Indian reservation is a question of practice, not of legal definition, and the pueblos have always been treated as reservations by the United States. This pragmatic approach is buttressed by Arizona v. California (1963), wherein the Supreme Court indicated that the manner in which any type of federal reservation is created does not affect the application to it of the Winters doctrine[line38-42]. Therefore, the reserved water rights of Pueblo Indians have priority over other citizens' water rights as of 1848, the year in which pueblos must be considered to have become reservations.

　　Questions 56-62 refer to the passage above.

　　56. According to the passage, which of the following was true of the treaty establishing the Fort Belknap Indian Reservation?

　　A. It was challenged in the Supreme Court a number of times.

　　B. It was rescinded by the federal government, an action that gave rise to the Winters case.

　　C. It cited American Indians' traditional use of the land's resources.

　　D. It failed to mention water rights to be enjoyed by the reservation's inhabitants.

　　E. It was modified by the Supreme Court in Arizona v. California.

　　57. The passage suggests that, if the criteria discussed in lines 10-20 were the only criteria for establishing a reservation's water rights, which of the following would be true?

　　A. The water rights of the inhabitants of the Fort Belknap Indian Reservation would not take precedence over those of other citizens.

　　B. Reservations established before 1848 would be judged to have no water rights.

　　C. There would be no legal basis for the water rights of the Rio Grande pueblos.

　　D. Reservations other than American Indian reservations could not be created with reserved water rights.

　　E. Treaties establishing reservations would have to mention water rights explicitly in order to reserve water for a particular purpose.

　　58. Which of the following most accurately summarizes the relationship between Arizona v. California in lines 38-42, and the criteria citing the Winters doctrine in lines 10-20?

　　A. Arizona v. California abolishes these criteria and establishes a competing set of criteria for applying the Winters doctrine.

　　B. Arizona v. California establishes that the Winters doctrine applies to a broader range of situations than those defined by these criteria.

　　C. Arizona v. California represents the sole example of an exception to the criteria as they were set forth in the Winters doctrine.

　　D. Arizona v. California does not refer to the Winters doctrine to justify water rights, whereas these criteria do rely on the Winters doctrine.

　　E. Arizona v. California applies the criteria derived from the Winters doctrine only to federal lands other than American Indian reservations.

　　59. The "pragmatic approach" mentioned in lines 37-38 of the passage is best defined as one that

　　A. grants recognition to reservations that were never formally established but that have traditionally been treated as such

　　B. determines the water rights of all citizens in a particular region by examining the actual history of water usage in that region

　　C. gives federal courts the right to reserve water along with land even when it is clear that the government originally intended to reserve only the land

　　D. bases the decision to recognize the legal rights of a group on the practical effect such a recognition is likely to have on other citizens

　　E. dictates that courts ignore precedents set by such cases as Winters v. United States in deciding what water rights belong to reserved land

　　60. The author cites the fact that the Rio Grande pueblos were never formally withdrawn from public lands primarily in order to do which of the following?

　　A. Suggest why it might have been argued that the Winters doctrine ought not to apply to pueblo lands

　　B. Imply that the United States never really acquired sovereignty over pueblo lands

　　C. Argue that the pueblo lands ought still to be considered part of federal public lands

　　D. Support the argument that the water rights of citizens other than American Indians are limited by the Winters doctrine

　　E. Suggest that federal courts cannot claim jurisdiction over cases disputing the traditional diversion and use of water by Pueblo Indians

　　61. The primary purpose of the passage is to

　　A. trace the development of laws establishing American Indian reservations

　　B. explain the legal basis for the water rights of American Indian tribes

　　C. question the legal criteria often used to determine the water rights of American Indian tribes

　　D. discuss evidence establishing the earliest date at which the federal government recognized the water rights of American Indians

　　E. point out a legal distinction between different types of American Indian reservations

　　62. The passage suggests that the legal rights of citizens other than American Indians to the use of water flowing into the Rio Grande pueblos are

　　A. guaranteed by the precedent set in Arizona v. California

　　B. abolished by the Winters doctrine

　　C. deferred to the Pueblo Indians whenever treaties explicitly require this

　　D. guaranteed by federal land-use laws

　　E. limited by the prior claims of the Pueblo Indians

　　题材：Law

　　类型：解释结论

　　框架：water rights(较难)

　　第一段：最高法院确立水权+三种情况下，联邦可以为特定目的对征用的水域拥有水权(联邦有了某地的水权才能把水权赋予给当地印第安人)

　　第二段：印第安的一些部落还通过法院确立了水权(举例)--解释--结论

　　逻辑链：

　　1、最高法院援引1908案件确立水权

　　2、尽管没提到水权，但本意是的

　　3、三种特定情况

　　4、另外一些建立水权的方式

　　5、举例

　　6、转折，历史问题不能阻止Winters的实施

　　7、1963案件，比较灵活处理了这个问题

　　8、结论

　　题目类型：56：细节信息 57：细节推断 58：细节信息 59：细节信息 60：手段目的 61：主旨 62：细节推断

　　解题定位(根据OG13解释)：

　　56：根据问题把答案定位到Line1-10的范围，答案是Line5-6的改写。并没有提到水权

　　57：问题假设第一段Line10-20的3条是唯一的标准会怎样，看原文脉络：刚开始法院建立水权，然后一个印第安部落的特殊情况Line34-36使用另一种方式来建立水权。所以如果第一段的3条是only标准，那第二段的特殊情况就不适用了。

　　58：Arizona是在以前法律不足的基础上的一个拓宽

　　59：pragmatic之前有个this，说明选项和前一句有关，定位Line34-42.选项是原文意思的改写

　　60：根据问题定位到Lind28，看到THIS，就往前找，选项是原文的改写

　　61：全文都在讲水权

　　62：其实是在问文章结论，定位Line42-44

　　以上就是新东方在线为大家总结的GMAT阅读OG 13 26篇详细分析的相关内容，最后预祝大家在GMAT考试中取得优异的成绩!

课程推荐》》更多