Reading Comprehension

PT135 · S3 · P3 · Q18 Blackmail Laws

A free, expert breakdown of this official LSAT Reading Comprehension question.

  • Save & drill this skill build targeted practice sets from questions like this one

  • Video walkthroughs watch every question solved step by step

  • 81 official LSATs as questions, timed sections & full-length tests

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.

18.

Based on what can be inferred from the passages, which one of the following acts would have been illegal under Roman law, but would not be illegal under Canadian and U.S. common law?

  1. bribing tax officials in order

    Trap

    1% picked this

  2. revealing to public authorities that

    Trap

    7% picked this

  3. testifying in court to a

    Trap

    3% picked this

  4. informing a government tax agency

    Trap

    3% picked this

  5. Correct

    revealing to the public that

    Why this is right

    Answer E is correct.

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

    86% picked this

Continue the review in LSAT Lab

Save this question, watch the video walkthrough, and drill similar questions in your LSAT Lab account.

LSAT Lab

Turn this review into a targeted study plan.

Save this question, drill more like it, watch the video walkthrough, and track your progress in your LSAT Lab account.

Start practicing free