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These queries generate FLWOR expressions with an order by, but no for loop, eg: let $i := (1, 3, 2) order by $i return $i I think they allow a response, as they don't expect the orderspec to be evaluated as there is no for-loop to do the order by over. But I think it is valid to still evaluate the orderspec, and hence throw an err:XPTY0004 as $i doesn't have a single value.
The tests does in CVS also allow XPTY0004. XQTS_current.zip is updated.
Thanks.