Florida State Test Question

[The Warrior Monk]

Does an Evaluation require a license in Florida?

The question, as presented, states "appraisal." That is an essential point in a test question. If a test question stated "evaluation" and the test was given in a mandatory licensing state, my head would probably explode.

 

[Joyce Potts]

Ever heard of the term 'dissolution' applied to marriages, corporations, business partnerships, partition proceedings, etc.?

A judge's duties are defined - not always well. It's why there are appellate courts. Their immediate decision that they think is within the law, may later be ruled contrary to the law by the state appellate court, the state supreme court, and on to the Federal Supreme Court. To make a blanket statement that a judge would order such thing is 1) not within the context of the original question, and 2) unrealistic in everyday court cases.

So we agree that "D" is the correct answer. We can argue all day as to the strict interpretation of 'jurisdictional exception' and its exclusive use only within USPAP vs. a similar term like 'dissolution'.

Thus the basis of the original answer of "D" based on the court invoking the principle or doctrine of jurisdictional or judicial exception, USPAP notwithstanding.

It was the concept and general meaning of JE that got me to the correct answer in the first place. As did many of the test takers that got the question right.

 

[The Warrior Monk]

FWIW, I'm not trying to belabor the point, but trust me when I say the test is a bear. The original test I took back in 1992 or 1993 was a breeze. The test I took in 2013 was exceedingly difficult, and others taking both the CR and CG exams said exactly the same thing. Eight hours of torture, where every single word counts, extraneous data given, tons of reasoning required, and ambiguous test answers.

 

[Joyce Potts]

Not sure what is going on with these posts. I guess we need another moderator. Wayne!!

 

[Joyce Potts]

I'm not interested in your re-writing of the Florida State test question. Sad try.

 

[Joyce Potts]

Not sure what you're doing with my posts, but I didn't post twice.

 

[Joyce Potts]

FWIW, I'm not trying to belabor the point, but trust me when I say the test is a bear. The original test I took back in 1992 or 1993 was a breeze. The test I took in 2013 was exceedingly difficult, and others taking both the CR and CG exams said exactly the same thing. Eight hours of torture, where every single word counts, extraneous data given, tons of reasoning required, and ambiguous test answers.

Too much information. Not to be rude, but I don't care. I'm interested in debating the specific question at hand. Sorry your tests were over challenging.

 

[The Warrior Monk]

I would answer D because it is obviously a general question, since it does not reference state law. I still believe that clarity should be given. For example, the test could be divided up into two sections, one general section answered in the context of the AQB/ASB minimums, and another section dealing with the requirements of a particular state. And a question like this would be a very good one to ask in both sections of such a test, as each section would have a different answer. It is the level of reasoning that is typically expected on these tests.

Regarding law and judges. In a case like this, that matter is cut and dry. No license = no appraisal. The issues, at least as I've seen, involve more complex situations where there may be gray area in law.

Additionally, in test questions, the most probable scenario should be assumed, and that wouldn't include judicial incompetence/ignorance/etc.

 

[The Warrior Monk]

Too much information. Not to be rude, but I don't care. I'm interested in debating the specific question at hand. Sorry your tests were over challenging.

It provides insight into the test questions and what they expect.

I have no idea what is going on with your posts. I have less that nothing to with that.

 

[Joyce Potts]

We all had test questions that we disagreed with and wished we'd had more clarity.

This was a simply test question as to what the best answer was given the question and the multiple choice answers. That's it.