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#35017
Complete Question Explanation
(See the complete passage discussion here: lsat/viewtopic.php?t=14168)

The correct answer choice is (D)

The referenced word in passage B (“selectively”) implies that the city officials are using their own
(perhaps arbitrary) judgment in determining how to apply a particular law. To identify a word that
plays the same role in passage A, we should seek an answer choice that presents the application of a
legal rule in a similar light.

Answer choice (A): This quote refers to the specificity of language used in laws that attempt to
describe exactly what conduct is forbidden. The word “particularly” does not refer to the selective
application of such laws.

Answer choice (B): This quote deals with the social costs of enforcing overinclusive rules, which is
of little relevance to the discussion in passage B.

Answer choice (C): This quote (“alternative”) refers to those methods of law enforcement that would
reduce the risk of punishing the innocent, but might carry a social cost of their own. There is no
parallel between these methods and the selective application of a particular law described in passage
B.

Answer choice (D): This is the correct answer choice. With this quote, the author of passage
A describes the power of law enforcement agencies to apply particular laws selectively. Whether
discretion is used for selective enforcement (passage B) or selective, i/e/ “discretionary”
nonenforcement (passage A), the role of the word “selectively” in passage B is identical in meaning
to that of the word “discretionary” in passage A.

Answer choice (E): Unlike the referenced quote in the question stem, the word “capricious” refers
to the enforcement of a legal rule in a manner that deviates from its intended purpose. We have no
reason to believe that the measures taken by the water department in collecting overdue bills run
contrary to some original intent or purpose.

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