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test question for Legel/Managment test

Moscow

Bronze Member
Joined
Nov 9, 2009
Messages
99
Location
Moscow Idaho
Here is a practice test question off the icc for the legel managment test. I want to see what your thought is on the answer, I think you will find that we are all wrong on this one. My city attorny even got this wrong and said it is a poorly written question that it could have 2 answers, however he did say for your test what ever the book tells you is the right answer.

36. During a response for emergency inspection after a deck collapse, you find that a member of your inspection staff had not conducted a proper connection inspection of the deck. This would be an example of?

A. Misfeasance

B. Nonfeasance

C. Malfeasance

D. Liability

My answer was A

However it is the worng answer or so the book tells me.
 
Moscow said:
Here is a practice test question off the icc for the legel managment test. I want to see what your thought is on the answer, I think you will find that we are all wrong on this one. My city attorny even got this wrong and said it is a poorly written question that it could have 2 answers, however he did say for your test what ever the book tells you is the right answer.36. During a response for emergency inspection after a deck collapse, you find that a member of your inspection staff had not conducted a proper connection inspection of the deck. This would be an example of?

A. Misfeasance

B. Nonfeasance

C. Malfeasance

D. Liability

My answer was A

However it is the worng answer or so the book tells me.
(A) not intentional as in misapplied.
 
Nonfeasance Noun: failure to act; especially: failure to do what ought to be done

Misfeasance Noun: the performance of a lawful action in an illegal or improper manner

Malfeasance Noun :wrongdoing or misconduct especially by a public official

the answen is Nonfeasance
 
'not conducted a proper inspection" is the catch....not performed at all? or performed poorly? I guess I will have to study more of that crap before I take that one....
 
I also thought it was B that was my answer when i took the test the first time but the city attorney said A. the book said it was D go figure that's a new one on me
 
[h=2]nonfeasance was the conduct of the inspector

Liabilty and the percentage of damages is what the court will assign

http://www.claimsjournal.com/news/west/2009/02/27/98255.htm

A jury awarded Funke nearly $684,000 in damages, apportioning 95 percent of the negligence to building owner Bert Shultz and 5 percent to the city

i·a·lble[/h]   /ˈlaɪəbəl/ Show Spelled[lahy-uh-buhl] Show IPA

adjective 1. legally responsible: You are liable for the damage caused by your action.
 
". . . member of your inspection staff had not conducted a proper connection inspection of the deck"

Seems to me like there are two possible answers. The question does not say if an inspection was conducted or if the inspection was improperly conducted.

If no inspection then the answer is B nonfeasance (the nonperformance)

If the inspeciton was done improperly then the answer is A misfeasance (the improper performance)

IMHA
 
Here is what our legal department said about the question:

A good question but, because I think the question is ambiguous, one that could have two answers.

The answer is B if the inspectors did NOT have a duty to inspect (because they just didn’t do something that they could have done)

The answer is A if the inspectors had the duty to inspect or had inspected but didn’t do it right (because the idea is that, if you are doing something, you have to do it as a “reasonable man” would do it; i.e., non-negligently).

So, if the inspectors were inspecting and they missed something during that inspection that they should have caught (by doing the inspection in a reasonably responsible manner), they were misfeasant.

If they just didn’t do the inspection and had no duty to do the inspection, they were nonfeasant.

The way the question is written (poorly, by the way), I would guess they are trying to point out that the inspectors missed something that they should have caught during their inspection. If that is the case, the answer is A. if the question should be read that, in the original inspection, they missed the connections, the original inspectors were misfeasant. If the emergency inspectors are just following up on someone else’s inspection, the emergency inspectors are only nonfeasant. I may not understand how the inspection thing works.

It seems we all agree that the test is wrong which is upsetting when your trying to pass a test.
 
= = =

Moscow,

If you want to obtain a determination on the question,

you can contact The Cow to request one.......Unfortunately,

it will cost you some $$$ for them to respond to you.

Right or wrong, it will cost you to find out, and possibly,

revise their practice question and the book.

Sine you have raised this question, would you please

follow up and let us know what the outcome is [ if

you decide to pursue it ]......Thanks!

FWIW, ...you DO know the mantra over at The Cow

don't you? [ Hint: It's always about the money and

not you! ]

= = =
 
north star said:
= = =Moscow,

If you want to obtain a determination on the question,

you can contact The Cow to request one.......Unfortunately,

it will cost you some $$$ for them to respond to you.

Right or wrong, it will cost you to find out, and possibly,

revise their practice question and the book.

Sine you have raised this question, would you please

follow up and let us know what the outcome is [ if

you decide to pursue it ]......Thanks!

FWIW, ...you DO know the mantra over at The Cow

don't you? [ Hint: It's always about the money and

not you! ]

= = =
There is no fee to appeal a question, it needs to be made within 90 days of testing.
 
Thanks to all that posted I will keep you all informed of what I find out. its great to see that all of us thought of the same answer on this one.

Justin
 
This sounds like a "pick the most correct answer" type of question. Since the question does not have enough information to determine a,b or c the answer must be d.
 
Well took the test and guess I need to do more studing only missed it by 1 or 2 questions, No CBO for me as of now :( . However the right answer to the question is C so they say.

Thanks

Justin
 
Moscow said:
However the right answer to the question is C so they say.Thanks

Justin
I didn't think they told you which questions you missed and the correct answers to them. How did you find that out?
 
Sifu said:
I didn't think they told you which questions you missed and the correct answers to them. How did you find that out?
You are correct in I did not get my missed question answers. The question came off a practice test I was taking on line with ICC. The questions they give you are the same over and over, so that is how I found out what the right answer was.

thanks

Justin
 
Boy, I'm glad I don't have to re-take the test.. but if there was an obligation to do the inspection it, the non (of the feasance brothers).
 
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