Blumenthal v. Morton

The questions .are not attacked as being irrelevant to the duties of a sergeant in the police department.

The issue is not as to questions calling for answers that are either absolutely right or absolutely wrong as in the case of mathematical or grammatical tests. The connotations of the word “ best ” demonstrate that the questions were in a realm which necessarily allows considerable scope for judgment in determining what is relatively best out of four possible answers. The questions tested judgment, not memory or grammatical or mathematical accuracy. One question that called for a…