Reading ComprehensionDifficulty: Hard

PT138 S1 P4 Q24 Explanation

Discretionary Nonenforcement

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

TopicsInferenceLaw

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Passage

Passage A Law enforcement agencies can effectively nullify particular laws, or particular applications of law, simply by declining to prosecute violators. This power appears to be here to explain why.

Rules of law are almost always overinclusive: read literally, they forbid some conduct that the legislature that formulated the rule did not want to forbid. The costs of precisely tailoring a rule to the conduct intended to be forbidden would be prohibitive given the limitations of human foresight and the inherent ambiguities nonenforcement—by which the costs of overinclusion can be reduced without a corresponding increase in underinclusion (loopholes).

Of course, allowing discretionary nonenforcement does not determine the principle by which the law enforcement agency will select its cases. Conceivably the agency could concentrate its resources on those areas of conduct that had been brought inadvertently within the scope of the rule. But this seems unlikely. Capricious enforcement is not unknown stray too far from the intended, as distinct from the enacted, regulation being enforced.

Passage B The newspaper reported that 231,000 water customers in the city are late paying their bills—some by months, others by decades. In all, these water delinquents owe the city more than $625 million in overdue bills and penalties. So officials are planning to selectively cut the water to a few residences who will be in no position to complain since they were caught stiffing the system.

But property owners are responsible for water bills. So why not just do what every other property-related creditor or tax authority does—attach a lien to the property? The money owed would automatically be available whenever a property was sold, and the threat powerful incentive to keep current with one’s water obligations.

Well, here’s an answer: a loophole prohibits debts other than taxes from being subject to liens by the city, and, technically, water charges are not taxes. But if the problem is with the law, then why not change politically smarter, than shutting off people’s water?

What this question is testing

Inference

Your task

Find what must be true based on what the passage or stimulus states.

Common trap

Answers that are plausible or likely but not actually guaranteed by the text.

Winning move

Keep only the choice the statements fully support — eliminate anything that requires an extra assumption.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
24.

Which one of the following statements can be inferred from the material

Answer choices

  1. Too Strong: Most2% picked this

    Most water customers in the city are late paying their

    "Most" is very frequently a poisonous word, since it's so specifically claiming that we know something is at least 51% of a certain population. We can check the first paragraph for details on the prevalence of late paying. It only says that 231,000 customers are late. We don't know what % of the population that represents.

  2. Too Strong: most3% picked this

    Most of the residences with outstanding water bills are in the

    Similar to (A), we couldn't possibly speak to whether "at least 51% of the 231,000 late customers are from wealthy neighborhoods". Since the passage only brings up wealthy delinquents to say that, "the city plans to only target wealthy neighborhoods", this is compatible with the possibility that only 10% of the neighborhoods are wealthy. We have no idea what share of the 231,000 come from which type of neighborhood.

  3. Too Strong: a few days late12% picked this

    It is appropriate to turn off the water of high-income residents in the city who pay their water

    There's a line at the end of the first paragraph that would seemingly support this: It says that the city is shutting off the water of some wealthy delinquents, who are in no position to complain because they were cheating the water utility system. If the author thinks they're in no position to complain, that does sound like, "It is justified / appropriate to turn the water off for someone who is cheating the system." But this was talking about delinquents who hadn't paid in "months, or even decades". Saying that we should shut the water off people who are a few days late is crazy extreme.

  4. Correct67% picked this

    In recent years, the city has rarely, if ever, turned off the water of customers who were late

    Why this is right

    This is thinly supported by specific line references, but it appeals to a common sense understanding of who the writer of this passage is, and at what moment in time she would write an essay like this. She's learning about a problem, learning about the city's proposed solution, and writing an essay to suggest adopting a different course. Consider the counterfactual, that in recent years the city has frequently turned off the water of customers who were late. Would the 2nd sentence make sense? So [because of the delinquent bill problem], officials are planning to cut the water off rich people. If they were already doing it, then you wouldn't say that they're planning to do it. That connotes the future tense, not the present / present perfect. Similarly, the warning in the final sentence about "the political damage the city will take by deciding to shut off people's water" wouldn't make any sense if the city were already regularly engaging in this practice.

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

  5. Too Strong: the only15% picked this

    The only reasonable solution to the problem of overdue water bills in the city is to enact a law that

    The author is only saying that a more reasonable solution would be to address the law that precludes water bills from being subject to liens. Just because she thinks that changing the law is easier and politically smarter doesn't mean she thinks the inferior option is unreasonable. And even if we are to fix this by changing the law, we don't have to address it by classifying water bills as taxes. We could also address it by removing the loophole that says "if it's not a tax, you can't put a lien on it."

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