Reading Comprehension

PT138 · S1 · P4 · Q25 Discretionary Nonenforcement

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

Passage A Law enforcement agencies can effectively nullify particular laws, or particular applications of law, simply by declining to prosecute violators.

Topic

The exercise of selective enforcement and legal discretion: when and why authorities choose not to enforce laws or rules literally, illustrated by law enforcement and by a real-world municipal case about overdue water bills.

Framework

Answer / Explain (Passage A); Problem / Solution (Passage B); The passages together also illustrate Theme / Example (with B as an example of ideas in A).

Main Point

Passage A: Law enforcement agencies frequently use their discretion to not prosecute certain violations because laws are often written too broadly, and enforcing them strictly would be impractical and unfair. The author explains that nonenforcement helps prevent excessive costs without opening up too many loopholes. (Most Valuable Sentence: ) Passage B: Rather than using typical property-related debt collection methods (liens), city officials plan to cut water service to a select few as an enforcement measure, due to a legal loophole that prevents them from placing liens on water debt. The passage questions whether changing the law would be a better solution.

P1: Passage A - Introduction to the Power of Nonenforcement

Law enforcement can effectively ignore certain laws by choosing not to prosecute some violators, and the author sets out to explain why this is common.

P2: Passage A - Why Laws Are Overinclusive and the Value of Discretion

Laws are usually written too broadly, catching behavior that lawmakers didn't intend to ban, because it's hard to perfectly capture every scenario. Strict enforcement would be costly and could punish the innocent, but giving enforcement agencies discretion allows them to avoid these issues without making the law full of loopholes.

P3: Passage A - Limits and Oversight of Discretionary Enforcement

While enforcement agencies could theoretically use their discretion capriciously, in reality they're kept in check by legislative oversight, so their discretion typically aligns with what lawmakers intended the law to achieve.

25.

The role of the word "selectively" in the third sentence of passage B is most closely related to the role of which one of the following words in passage A?

  1. "particularly" (Second Paragraph)

    Bad Definition Match

    The word "particularly" in this context means specific, not limited in scope.

    17% picked this

  2. "probability" (Second Paragraph)

    Bad Definition Match

    The word "probability" means likelihood, not limited in scope.

    3% picked this

  3. "alternative" (Second Paragraph)

    Bad Definition Match

    The word "alternative" in this context means a method other than the one proposed, not limited in scope.

    3% picked this

  4. Correct

    "discretionary" (Second Paragraph)

    Why this is right

    "Discretionary" in this context means that it's at someone's discretion how much or how little the law is enforced. That limits the scope of something in a way that is similar to "selectively." If you're unsure, see if you can use the terms interchangeably: discretionary nonenforcement sounds like enforcing the law selectively, so this is a strong match.

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

    66% picked this

  5. "capricious" (Third Paragraph)

    Bad Definition Match

    "Capricious" means inconsistent, not limited in scope. If you don't know that, this is a hard answer to rule out because the context doesn't really help you infer a definition for this uncommon word. However, the context does allow us to infer that "capricious enforcement" is something negative. This paragraph is all about assuaging fears that things could go awry, so if you know that "selectively" doesn't have a negative connotation, you can use that to eliminate this answer without knowing the exact definition of the term.

    11% 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