pebblefire Posted July 16, 2012 at 08:37 PM Report Share Posted July 16, 2012 at 08:37 PM I'm currently studying for the NAP examination for registration. While I was taking practice questions, I stumbled across a problem and I was wondering if any of you could help me out:7. the motion which must be voted on first is:A. an amendment to the motion to recessB. the previous questionC. to postpone to a certain timeD. to take a recessanswer: BRONR 10th edition reference: 63, 223I completely understand why is isn't answer A and answer C. But I feel like the answer is D especially since taking a recess is a privileged motion (which is above the subsidiary motion - the previous question). Additionally, option D isn't phrased like option A, where A is phrased as"the amendment to the motion to recess" so therefore, it is classified as a main motion (since the motion to recess is when no question is pending). Besides, there is an amendment on the recess anyway.So shouldn't D (the privileged motion to take a recess) supersede B (the subsidiary motion to the previous question)? Link to comment Share on other sites More sharing options...
jstackpo Posted July 16, 2012 at 09:09 PM Report Share Posted July 16, 2012 at 09:09 PM Perhaps the question assumed the the motion to recess was the privileged one, made when something else was pending.Agree, however, not well phrased. Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted July 17, 2012 at 01:54 AM Report Share Posted July 17, 2012 at 01:54 AM I'm currently studying for the NAP examination for registration. While I was taking practice questions, I stumbled across a problem and I was wondering if any of you could help me out:7. the motion which must be voted on first is:A. an amendment to the motion to recessB. the previous questionC. to postpone to a certain timeD. to take a recessanswer: BRONR 10th edition reference: 63, 223I completely understand why is isn't answer A and answer C. But I feel like the answer is D especially since taking a recess is a privileged motion (which is above the subsidiary motion - the previous question). Additionally, option D isn't phrased like option A, where A is phrased as"the amendment to the motion to recess" so therefore, it is classified as a main motion (since the motion to recess is when no question is pending). Besides, there is an amendment on the recess anyway.So shouldn't D (the privileged motion to take a recess) supersede B (the subsidiary motion to the previous question)?This question was supposed to have been retired a looong time ago. So make sure you have the latest study guide from NAP, with all the errata sheets. Or better yet, wait until they come out with the study questions for the 11th edition, and in the meantime try to actually read the book (the 11th edition) and come here with any questions you have. You might want to even start with a complete read-through of RONR In Brief.By the way, I'd be surprised if you completely understand why the answer isn't "either A or B, depending on the type of motion to Recess," since I'm sure I don't. (Dan Honemann once tried to explain it to me. Something about making assumptions and taking Coast Guard exams.) Link to comment Share on other sites More sharing options...
Josh Martin Posted July 17, 2012 at 03:32 AM Report Share Posted July 17, 2012 at 03:32 AM I completely understand why is isn't answer A and answer C. But I feel like the answer is D especially since taking a recess is a privileged motion (which is above the subsidiary motion - the previous question). Additionally, option D isn't phrased like option A, where A is phrased as"the amendment to the motion to recess" so therefore, it is classified as a main motion (since the motion to recess is when no question is pending). Besides, there is an amendment on the recess anyway.I'm not sure I follow your reasoning. I'm not clear how the words "the motion" imply that it is an amendment to the incidental main motion to recess rather than an amendment to the privileged motion to recess. The motion to recess is a motion either way. It seems to me that the wording is meant to imply that A is an amendment to D.So shouldn't D (the privileged motion to take a recess) supersede B (the subsidiary motion to the previous question)?The privileged motion to take a recess would supersede the previous question (except for bizarre specialized uses), yes. Apparently, the question assumes that D is an incidental main motion.In any event, the question is poorly worded. It would seem to me that the answer is either A or B, depending on the type of recess. I suppose you could argue that D is the answer if D is the privileged form of the motion to Recess and A is an amendment to an incidental main motion to recess which is also pending, but that seems like a stretch to me.Perhaps the question assumed the the motion to recess was the privileged one, made when something else was pending.No, since the answer is B, it seems likely that the question assumes that the motion to recess is made as an incidental main motion. Link to comment Share on other sites More sharing options...
Matt Schafer Posted July 17, 2012 at 06:28 AM Report Share Posted July 17, 2012 at 06:28 AM I raised the apparent ambiguity in this question with the Registration Examiners Committee when I was studying for the exam several months ago. One of the page references for the answer is RONR (10th ed.), p. 223. On lines 33-35, it is stated that the Previous Question can be applied to the privileged motion to Recess to prevent amendments to Recess. From this perspective, it seems that the committee believed that the Previous Question was the last motion made in that series, and should therefore be voted on first.There isn't enough information in the question to determine the first motion to put. I can envision scenarios where A or B could be the answer. There may be others.While the question is still in the study guide, it is my understanding that it has been marked so that it will not appear on any registration examination. Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted July 17, 2012 at 04:41 PM Report Share Posted July 17, 2012 at 04:41 PM I suppose you could argue that D is the answer if D is the privileged form of the motion to Recess and A is an amendment to an incidental main motion to recess which is also pending, but that seems like a stretch to me.Good thinking, Josh. Whoever came up with this question must have been some sort of evil genius. It's a shame they couldn't make it so that all the answers might be correct. Link to comment Share on other sites More sharing options...
Tim Wynn Posted July 17, 2012 at 08:33 PM Report Share Posted July 17, 2012 at 08:33 PM I'm currently studying for the NAP examination for registration. While I was taking practice questions, I stumbled across a problem and I was wondering if any of you could help me out:7. the motion which must be voted on first is:A. an amendment to the motion to recessB. the previous questionC. to postpone to a certain timeD. to take a recessanswer: BRONR 10th edition reference: 63, 223The question assumes that the Previous Question is applied to the amendment to the motion to Recess, to prevent a secondary amendment . . . I assume. Link to comment Share on other sites More sharing options...
J. J. Posted July 17, 2012 at 09:30 PM Report Share Posted July 17, 2012 at 09:30 PM I'm currently studying for the NAP examination for registration. While I was taking practice questions, I stumbled across a problem and I was wondering if any of you could help me out:7. the motion which must be voted on first is:A. an amendment to the motion to recessB. the previous questionC. to postpone to a certain timeD. to take a recessanswer: BRONR 10th edition reference: 63, 223I completely understand why is isn't answer A and answer C. But I feel like the answer is D especially since taking a recess is a privileged motion (which is above the subsidiary motion - the previous question). Additionally, option D isn't phrased like option A, where A is phrased as"the amendment to the motion to recess" so therefore, it is classified as a main motion (since the motion to recess is when no question is pending). Besides, there is an amendment on the recess anyway.So shouldn't D (the privileged motion to take a recess) supersede B (the subsidiary motion to the previous question)?It may be covered on p. 184, ll. 3-9. Postponing an IMM to recess could fall into that category. The subsidiary motion to postpone a main motion to take a recess might be out of order. Thus the motion to recess must be privileged. "Evil genius" indeed. Link to comment Share on other sites More sharing options...
Tim Wynn Posted July 17, 2012 at 09:39 PM Report Share Posted July 17, 2012 at 09:39 PM So shouldn't D (the privileged motion to take a recess) supersede B (the subsidiary motion to the previous question)?This is not the case when Previous Question is applied to the motion to Recess, or, in this situation, to an amendment to the motion to Recess. Link to comment Share on other sites More sharing options...
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