PrepTest 138, Section 1, Question 23

DetailDifficulty2 of 5
Passage 4Discretionary nonenforcement and overdue water bills
The questionFull text in your LawHub copy of PrepTest 138

Passage A Law enforcement agencies can effectively nullify(485 more words not shown)

Passage A(288 more words not shown)

Passage B(205 more words not shown)

Both passages explicitly mention which(4 more words not shown)

Reading the passage

This is a shared-detail question. We need something explicitly mentioned in both A and B, not merely an idea we could connect to their general subject. A discusses the gaps that increasingly precise laws can create. B identifies a legal gap that prevents the city from using liens for water debts. That gives us a clear point to check in the choices.

Working the answers

  • A

    B raises a technical legal distinction: water charges are not taxes. A discusses problems with drafting and enforcing laws, but it does not explicitly identify legal technicalities as the issue. Related legal subject matter is not enough for this question.

  • B

    B explicitly calls the threat of credit consequences a “powerful incentive” to pay. A does not explicitly discuss incentives. Its focus is the cost of enforcing rules too broadly and the value of discretion.

  • C
    Correct

    A warns that more precise descriptions of forbidden conduct create more “loopholes.” B calls the restriction on city liens “a loophole.” Both explicitly mention the same thing, even though the particular gaps differ.

  • D

    A mentions “the inherent ambiguities of language.” B does not explicitly discuss language. Its dispute concerns the city's collection methods and the legal restriction on liens.

  • E

    Overinclusive rules are central to A: their literal reach includes conduct lawmakers did not intend to prohibit. B never explicitly mentions overinclusive laws. We cannot supply that discussion merely because B also concerns enforcement.

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