When formulating the questions for a test, an examiner has some discretionary power. However, the examiner can only permit questions that assess a test-taker`s proficiency. Therefore, it is illegal for an examiner to exceed his or her authority. However, in the case of test for specifications the test should attain a certain difficulties in the light of purpose or characteristic feature of the test. Moreover, it is inevitable to use multi-meaning terms in a way to make questions and answers because of a method of the test for specifications. Then it is not supposed to be judged by mistake whether the examiner use exact not technical terms but general terms and can not to come to the conclusion that it is illegal because of abuse of discretionary power. In multi-choice test, if there is an answer as it is intended to show a clear aim of questions in every aspect a test-taker should select that answer instead of arguing about ungrammatical or inaccuracy of answer items. Accordingly, if there is an answer that brings some vague interpretation except for an overt answer ambiguous or unclear answer should be interpreted as a wrong answer and not be chosen as an appropriate answer. Furthermore, it is not likely that there is illegality in setting a question or assessment because of being ambiguous or being unclear terms in answer items.