Reading Comprehension

PT135 · S3 · P3 · Q15 Blackmail Laws

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The following passages are adapted from articles recently published in North American law review journals.

Topic

The legal reasoning behind why blackmail is (or isn't) considered a crime in different legal traditions.

Framework

Present Debate (two approaches to blackmail: North American law grapples with a "paradox," while Roman law frames blackmail differently)

Main Point

Passage A: Blackmail is paradoxical in North American law because it combines two legal actions into an illegal one, but its criminality can be justified by the misuse of third-party leverage. *(Most valuable sentences: , and )* Passage B: Roman law avoided the blackmail paradox by valuing whether actions caused harm, not just their legality, and placed the burden on the possessor of shameful information to justify disclosure, even if the information was true.

P1A: Blackmail Paradox Introduced

Both the U.S. and Canadian laws find blackmail odd because it criminalizes two actions (asking for money and threatening to disclose information) that are each legal on their own, raising the question: why is their combination illegal?

P2A: Problems Without a Theory

Because legal theory hasn't satisfactorily explained blackmail, laws are overly broad and rely on prosecutors to use discretion in enforcement.

P3A: Author’s Solution: Third-Party Leverage

The real issue with blackmail is its “triangular” structure—the blackmailer uses a threat of outside harm (like state prosecution or public shame) as leverage, which is why it should be criminalized.

15.

In using the phrase "the state's chip" (second-to-last sentence of passage A), the author of passage A most clearly means to refer to a government's

  1. legal authority to determine what

    Determine vs. Enforce

    This is relatively close, but we want to hear "the legal authority to arrest (bring harm unto) people who have committed crimes". We're not talking about determining what actions are crimes (that's the statutory job of legislators). We're talking about getting busted for the crime you committed, so it's more about enforcement of laws than creation of laws.

    25% picked this

  2. Correct

    legitimate interest in learning about

    Why this is right

    Weird phrasing, but this is referring (more than any other answer) to the threat of being busted by the feds if your secret got out. The leverage we have when we're blackmailing you for tax fraud is, "Sure would be a shame if the IRS happened to find out about your sham charitable donations ..." Embedded in that threat is the idea that the IRS has an interest in learning about crimes; if they were to catch wind of your tax fraud, they would definitely be interested in busting you.

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

    62% picked this

  3. legitimate interest in preventing crimes

    Out of Scope: preventing crimes

    Nothing in blackmail relates to the idea of preventing crimes before they occur. You kind of need to have already committed the crime in order to then have the shameful secret you can be blackmailed for. We're looking for something that feels like "bargaining with [the threat of harm from the state]". (A) was talking about defining crimes (B) was (basically) talking about investigating/enforcing crimes (C) is talking about preventing crimes

    3% picked this

  4. exclusive reliance on private citizens

    Too Strong: exclusive reliance

    The passage was not suggesting that the state exclusively relies on tips from private citizens. I'm pretty sure the state has its own investigative bodies, like the CIA and FBI.

    4% picked this

  5. legal ability to compel its

    Out of Scope: compelled to testify

    Nothing in this passage has anything to do with people being forced to testify in court. The blackmailer would indeed be able to threaten the person being blackmailed with the notion of, "Based on what I've seen, I could be quite the compelling eyewitness at your trial". However, it's not like blackmailers necessarily witnessed the criminal wrongdoing. They could just be anyone who has found out about it. Maybe I never saw you commit tax fraud, but I heard all about it from some dude you golf with. I could still threaten you with blackmail: "Pay me ____ every month or else I'll alert the IRS to look into your situation." And the idea of a government forcing a citizen to testify isn't anywhere in this conversation.

    6% picked this

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