PrepTest 135, Section 3, Question 19
The following passages are adapted from articles recently(479 more words not shown)
Passage A(256 more words not shown)
Passage B(216 more words not shown)
The relationship between the ways(31 more words not shown)
- AOne country legally(17 more words not shown)
- BOne country makes(22 more words not shown)
- COne country legally(16 more words not shown)
- DOne country makes(26 more words not shown)
- EOne country makes(31 more words not shown)
Reading the passage
Before sorting through the examples, translate the relationship into ordinary language. Canadian and U.S. law have a special prohibition on blackmail. Roman law doesn't need that special category because its broader restrictions on harmful disclosure already address the underlying conduct.
What we’re looking for
So we want more than one country being stricter than another. We want a broad rule that makes a separate, narrower ban unnecessary. That relationship can stay the same even when the examples concern something completely different from speech.
Working the answers
- A
One country has a requirement and the other doesn't, but there is no broader rule explaining why the second country doesn't need it. B's account of Rome isn't simply the absence of regulation.
- B
This gives us a narrow ban and a broader ban. That's close to the idea of greater restrictiveness, but it doesn't capture the crucial absence of a separate ban because another prohibition already covers the conduct.
- C
Many exemptions versus few exemptions also gives a difference in restrictiveness. It doesn't explain why a legal system needs no separate category for conduct already addressed by a broader rule.
- DCorrect
The first country specifically prohibits gun ownership by felons. The second doesn't need a separate felon-specific ban because its general prohibition already covers them. Match that to the readings: A's system specifically prohibits blackmail; B's broader rules against harmful disclosure make a special blackmail category unnecessary. The police-and-military exception doesn't require us to find identical people in Roman law. The match is the relationship between the rules.
- E
The second country permits the activity but increases the punishment for associated traffic violations. Rome's account doesn't permit blackmail while merely attaching higher penalties to something else. Its existing disclosure restrictions already do the relevant work.
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