PrepTest 108, Section 3, Question 16

Must Be TrueDifficulty5 of 5
The questionFull text in your LawHub copy of PrepTest 108

To act responsibly in one's professional capacity, one(21 more words not shown)

Which one of the following(9 more words not shown)

Reading the argument

Having some information isn't enough. You have to make a reasonable effort to check that it's accurate and complete before relying on it in a professional decision.

Pay attention to what that does and doesn't establish. Checking the information is something a responsible professional must do. It isn't a promise that anyone who checks some information has acted responsibly in every respect. There could be other problems with the decision.

What we’re looking for

For a judgment that follows this principle, I'd look for someone who fails that requirement. If a person makes a professional decision without making a reasonable effort to check the relevant information, we can call the decision irresponsible. We should be much more cautious about an answer declaring someone responsible just because one part of the process looks good.

Working the answers

  • A

    The computers turned out to be needed. That tells us how the decision worked out, not what Peggy reasonably investigated before ordering them. The unexpected increase in enrollment might have made a poorly researched decision look good afterward. A good result doesn't establish that she met the information requirement, much less that she acted responsibly overall.

  • B

    Mary examined records and heard reports. That sounds more relevant than A, but it still doesn't establish the conclusion that she acted responsibly. The principle gives us a requirement for responsibility, not a guarantee of it.

    We also don't know whether those steps were a reasonable effort to get complete information. Perhaps there was relevant information she failed to investigate. We don't need to prove that happened to reject B; we simply haven't been given enough to approve the decision under this rule.

  • C
    Correct

    The company's money is at stake, and Toril didn't investigate the investment's risks. Those risks are relevant information for deciding whether to invest. Leaving them uninvestigated fails the requirement to make a reasonable effort to ensure that the information is complete.

    The large return doesn't rescue her decision. The principle asks about the effort behind the professional choice, not whether the gamble happened to pay off. She can make money and still have acted irresponsibly.

  • D

    Helmer made a costly mistake. That doesn't tell us that Conchita failed to check the information available when she hired him. In fact, we're told he had no known history of such a mistake. She might have reasonably investigated his record and still ended up with a bad result. We need a failure in her decision process, not just a later failure by the person she hired.

  • E

    The impulsive choice resembles the kind of careless process the principle warns against. But Jennifer is choosing a vacation, not acting in her professional capacity. The rule doesn't cover every decision someone makes. We cannot use this professional standard alone to judge her personal travel plans.

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