PrepTest 138, Section 1, Question 26

ApplicationDifficulty5 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)

The author of passage A(29 more words not shown)

Reading the passage

The question points us to the city's plan to cut off water at a few homes in wealthy neighborhoods. What would A's author say about that selective approach? A is concerned with the social harm caused by enforcing a rule against everyone it literally covers. Cutting off a few households would at least avoid the much broader disruption of cutting off all 231,000 overdue customers.

What we’re looking for

That is a limited point in the plan's favor. We do not need to conclude that A would endorse the plan overall or prefer it to every possible alternative.

Working the answers

  • A

    A mentions legislative oversight, but says nothing about annual appropriations hearings or the best time to implement an enforcement plan. The timing is unsupported.

  • B
    Correct

    This applies A's cost comparison. A response aimed at a few households would impose less widespread harm than denying water to all 231,000. The phrase “at least” matters: it identifies one comparative benefit without claiming the selective plan is ideal.

  • C

    We are not told that the water department has a history of enforcing overinclusive rules to the letter. The account of long-overdue bills certainly does not establish that history.

  • D

    B's author favors liens. A's author does not compare liens with water cutoffs, so we cannot simply transfer B's recommendation to A. Agreement that discretion can reduce harm does not settle which collection method is best.

  • E

    A does not recommend these new laws or incentives. In fact, A explains why increasingly specific legal drafting can create its own problems. That does not make all revisions bad, but it leaves this particular recommendation unsupported.

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