Leg 500 final exam part 1 and 2 leg500 final exam part 1 and 2 leg

LEG 500 Final Exam Part 1 and 2

LEG500 Final Exam Part 1 and 2, LEG 500 Week 11 Final Exam Part 1 and 2

Question 1

1.

Under the ___________ plan, the EPA auctions a set number of sulfur dioxide emission allowances annually, with each allowance permitting one ton of emissions.

Answer

allocation of resources

tradeable permit

green capitalism

shareholder activism

Question 2

1.

Which of the following are permissible uses of power of eminent domain.

Answer

The government taking private property to transfer to a private company for development of a strip mall.

The government taking private property to build a highway.

The government taking private property to expand an airport.

All of the above

Question 3

1.

Eminent Domain is a practice governed under the _____ Amendment to the constitution.

Answer

10th

5th

22nd

1st

Question 4

1.

According to law professor Thomas Joo, the best group of persons for addressing the environmental concerns facing the world today is:

Answer

Shareholders

Directors and Officers

Environmentalists

The Government

Question 5

1.

Eminent domain permits the “taking” of private property by the government under the following circumstances.

Answer

When there is valid “public use” for the property and the government pays the property owner “just compensation”.

When there is either a valid “public use” or “private use” for the property.

When there is a valid “public use” for the property and the government pays fair market value for the property.

Only in circumstances where there government has paid fair market value for a piece of property.

Question 6

1.

Which of the following are examples of significant environmental regulation passed by the Federal Government.

Answer

The Clean Air Act

The Resource and Recovery Act

The National Environmental Property Act

All of the above

None of the above

Question 7

1.

To succeed under the The Lanham Act, a plaintiff must prove which of the following

Answer

That the defendant made a factual misrepresentation about a product or service.

That the defendant “puffed” up various representations about a product or service.

That the defendant made a factual representation about a product or service.

All of the above.

Question 8

1.

The original intent of brand expansion is to

Answer

Sponsor culture and be culture.

Nudge the hosting culture into the background and make the brand the star.

Work within the existing culture to create a stronger brand awareness.

All of the above.

None of the above.

Question 9

1.

________________ is the advertising industries established self-regulation organization.

Answer

The National Advertising Board of Governors.

The National Advertising Division of the Council of the Better Business Bureau.

The National Advertising Division of the Council on Advertising.

The National Advertising Division of the Council on Truth in Advertising.

Question 10

1.

The “dependence effect” is based on which proposition.

Answer

The urgency of wants diminishes appreciably as more are met.

The urgency of wants does not diminish appreciably as more are met.

The urgency of wants is a fixed idea in an individual’s own subconscious.

The urgency of wants focuses on what one consumer can get from another.

Question 11

1.

Of product promotion techniques, which is the most influential according to author Naomi Klein?

Answer

Advertising

Marketing

Branding

Word-of –mouth promotion

Question 12

1.

The FTC has tried to make consumer privacy a priority, by brining ______ spyware enforcement actions between 2005 and 2007.

Answer

10

25

11

18

Question 13

1.

The main purpose of the American Tort Reform Association is to.

Answer

Make tort litigation fairer for companies.

Make tort litigation less confusing

Restore balance to the civil justice system.

Both A and C

Both B and C

Question 14

1.

The most notable exception to caveat emptor was for

Answer

Food

Automobiles

Clothing

Shoes

Question 15

1.

Punitive damages are:

Answer

Damages that are intended to compensate the injured parties for their injures.

Damages that are intended to reimburse the injured party for medical expenses.

Damages that are intended to reimburse the injured party for time lost from work.

Damages that are intended to punish the defendant.

Question 16

1.

The Ford Pinto exploded when rear-ended by another vehicle. Of the types of defects a product may have, the Pinto suffered from

Answer

Design Defect

Manufacturing Defect

Warning Defect

End-user Defect

Question 17

1.

Product liability lawsuits focus on

Answer

A person acting in an unreasonable manner

A product operating in an unsafe or defective manner.

Both a person and a product not operating in a reasonable or effective manner.

None of the above

Question 18

1.

The UCC controls contracts that:

Answer

Deal with the sale of Goods.

Contracts over $500 in value.

Contracts between Merchants.

All of the above.

Question 19

1.

The fundamental legislation aimed at protecting copyrights is

Answer

The Sony Bono Copyright Term Extension Act

The Digital Millenium Copyright Act

The Copyright Act of 1831

The American Society for Composers and Publishers Act

Question 20

1.

The “inducement rule” is vital to understanding if infringement has occurred in what type of intellectual property?

Answer

Patent

Tradesecret

Trademark

Copyright

Question 21

1.

The difference between the Project Gutenberg (PG) and the Google book scanning project is:

Answer

The PG limits itself to the “classics”

The PG limits itself to only works in the public domain

Google only digitizes full documents but the PG digitizes key segments

The PG limits itself to “orphan” works – those with hard-to-find authors or owners.

Question 22

1.

Napster is an example of what type of intellectual property theft?

Answer

Patent

Copyright

Trademark

Tradesecret

Question 23

1.

Misappropriation of trade secrets has been a federal crime since

Answer

The passage of the Constitution

The passage of the Digital Millennium Copyright Act

The Economic Espionage Act of 1996

The Patient Protection and Affordable Care Act

Question 24

1.

Which of the following are factors used to determine if a use is fair?

Answer

Purpose of the Use

Nature of the Work

Amout Used

Potential Market Impact

All of the Above

Question 25

1.

In a lawsuit for copyright infringement, a defendant can avoid liability by successfully arguing _________, based on the notion that the free flow of ideas sometimes requires quoting or borrowing from a copyrighted work.

Answer

collective rights

misappropriation

unlimited use

fair use

Question 1

1.

Which of the following would best describe the difference between the law and ethics?

Answer

Ethics provides for a set of rules for behavior and Law is unwritten forms of rules.

Laws are rules that may be broken, Ethics are punishments.

Laws are “what a person must do,” and ethics addresses “what a person should do.”

Ethics are always connected to laws.

Question 2

1.

The philosophy of noted economist, Milton Friedman, on the issue of “free market ethics” was:

Answer

Decisions regarding such social problems should be addressed by governments in the political arena and funded by tax dollars.

A decision by corporate managers to aid society is, in effect, theft of stockholders’ resources.

It is wrong for managers to use corporate resources to deal with problems in society at large.

All of the above.

Question 3

1.

Assuming a business ethical dilemma, which statement best illustrates Gilligan approach suggested in her theory of “The Ethics of Care”?

Answer

individual rights and justice for all

applies only to women and not men

care and responsibility to others

obedience to independent moral rules or duties

Question 4

1.

Which of the following views on outsourcing would be consistent with the free market ethics approach advocated by Milton Friedman?

Answer

Outsourcing is detrimental to the economy because it limits profitability.

Outsourcing decreases efficiency and productivity.

Outsourcing enhances competitiveness, modernization, and bigger market opportunities.

Automating processes and replacing workers is unethical since it does not serve a greater good.

Question 5

1.

Which of the following statements is INCORRECT regarding the rights of shareholders?

I. voting power on major issues and ownership in a portion of the company

II. right to transfer ownership and dividend entitlement

III. hire and fire management and select and appoint a chief executive

Answer

I and II

I, II, and III

I only

III only

for whistleblowing?

Answer

It is an exception to employment-at-will doctrine.

It is developed simultaneously in different states.

All states recognize this tort and define it consistently.

States do not look to the courts for guidance.

Question 7

1.

The Constitution does not always protect free-speech rights for what public employees say on the job. Which of the following is true?

Answer

When a citizen enters government service, the citizen need not accept certain limitations on his or her freedom.

Public employees may speak out on matters of public concern and have First Amendment protection but not when they speak out in the course of their official duties.

As public employees speak out and receive First Amendment protection, there is an acceptable chilling of the speech of all potential whistleblowers.

None of the above

Question 8

1.

What is the BEST definition of “flexicurity” which has been used by European nations to invest in human capital?

Answer

Paying more to displaced workers until they return to work.

Requiring worker training while workers are unemployed.

Promoting job saving measures which only allow terminations during labor market crisis.

Coupling unemployment benefits with retraining and transitional assistance to allow workers to adapt to labor market restructuring.

Question 9

1.

Exceptions to the rule of employment-at-will include which of the following?

I. organization of unions

II. passage of Sarbanes Oxley Act

III. raising of public policy issues

IV. promise of implied-contract or covenant-of-good-faith

Answer

I only

II only

I and II

I, II, III, IV

The Sarbanes Oxley Act was passed in response to:

I. concerns that investors received full and complete information about potential corporate fraud

II. a lack of investor confidence

III. corporate scandals like Enron

IV. discrimination against an employee when providing information she reasonably believes constitutes a violation of federal security laws

Answer

I only

II only

I and II

I, II, III, IV

Question 11

1.

What are the two (2) main factors the courts consider when reviewing an employer’s intrusion of employee rights using electronic surveillance?

Answer

Obnoxiousness of means and reason for intrusion.

Obnoxiousness of means and type of intrusion.

Violation of tenth amendment and frequency of intrusive conduct.

Obnoxiousness of supervisors and whether valid evidence is present.

Question 12

1.

There are several types of company surveillance employees are legally subjected to, EXCEPT:

Answer

Videotaping

GPS Satellite & Tracking of cars & cell phones

Wiretapping of private cell phones

Monitoring IM chat

Question 13

1.

Alan Westin views that limited communication is particularly vital in which communities due to heightened stimulation and continuous physical and psychological confrontations between strangers?

Answer

small town life

suburban life

southern life

urban life

Title I of the Americans with Disabilities Act of 1990 (ADA) explicitly limits the ability of employers to use “medical examinations and inquiries” as a condition of employment and provides for all of the following EXCEPT:

Answer

a prohibition against using pre-employment medical tests.

a prohibition against the use of a medical examination after a job offer has been made if the results are kept confidential.

a prohibition against the use of medical tests that lack job-relatedness and business necessity.

a prohibition against the use of tests that screen out (or tend to screen out) people with disabilities.

Question 15

1.

What does Lewis Maltby submit is the correlation between drug testing and workplace safety?

Answer

There is a low correlation, so impairment tests are better alternatives.

There is no correlation.

Studies suggest there may be very high correlations, so most jobs currently have and do need them.

There is a high correlation in all jobs.

Question 16

1.

Employment practices without business justification applied to all employees that result in a less favorable effect for one group than for another group may state a claim for:

Answer

disparate treatment

disparate impact

inclusion

reasonable accommodation

Question 17

1.

To establish a prima facie case of religious discrimination, the employee has to show all of the following except which one:

Answer

That religion has been a significant part of the employee’s life for a significant amount of time.

That the employee has a sincerely held religious belief.

That the employer was on notice that the religious belief was in conflict with the employer’s request.

That there was a negative employment action based on a conflict between the religious belief and the employment requirement.

Question 18

1.

All of the following are true statements regarding the Family and Medical Leave Act (FMLA, 29 U.S.C. §§ 2601, et seq.), EXCEPT which of the following?

Answer

An eligible employee is entitled to take 12 weeks of unpaid leave in any 12-month period.

Every personal or family emergency qualifies for FMLA leave.

Under most circumstances, the employer must reinstate employees when they return from leave.

An eligible employee is entitled to take unpaid leave because of the birth of a son or daughter.

Question 19

1.

The Question of whether there is still a “glass ceiling” in the U.S. is illustrated by what USA Today statistics?

Answer

Women comprise 25% of board seats and 5% are CEO’s of fortune 500 companies as of 2010.

Women comprise 15% of board seats and 3% are CEO’s of fortune 500 companies as of 2010.

Women comprise 1% of board seats and 15% are CEO’s of fortune 500 companies as of 2010.

Women comprise 45% of board seats and 2% are CEO’s of fortune 500 companies as of 2010.

Question 20

1.

Equal protection is the constitutional guarantee:

Answer

that empowers Congress to regulate equally distributed commerce with foreign Nations, and among the several States, and with the Indian Tribes.

that laws made in pursuance of the Constitution and all treaties made under the authority of the United States shall be the equally protected as the “supreme law of the land.”

embodied in the Fourteenth Amendment to the U.S. Constitution.

that grants and distributes power and responsibilities to national and state governments.

Question 21

1.

With the adoption of the ____________, the U.S. began to address the need to prevent, or minimize, workplace accidents and health hazards.

Answer

Securities Act

Occupational Safety and Health Act

Environmental Protection Agency

National Insurance Act

Question 22

1.

According to Henry Shue, who should have responsibility to protect workers from potential harm caused by imported goods?

I. The employers of the workers facing the potential harm

II. The governments of the people who may be harmed

III. The companies importing the goods

IV. Consumers who ultimately buy the goods

Answer

I only

I and II

I, II and III

I, II, III and IV

Question 23

1.

Employers have __________ been held criminally responsible for workplace injuries and deaths to workers.

Answer

rarely

marginally

mostly

always

Question 24

1.

One example of modern day slavery, as discussed in the interview with Kevin Bales, is:

Answer

Purchased human labor for farming – just as it existed in early U.S. History with humans being kidnapped, transported and sold on the open market.

Debt bondage – where families borrow money with the collateral being their future labor and the future labor of their offspring.

People being offered very low wages and poor working conditions because the market will bear those conditions.

Children working for their family businesses doing manual labor that is legal under exceptions to the child labor laws.

Question 25

1.

What was the most immediate consequence of the 2010 disaster at BP’s Deepwater Horizon oil rig?

Answer

Over 8,000 marine wildlife has been affected by the oil spill disaster.

Over 65Billion in damages has been sanctioned against BP.

15 men were killed by the explosion, fire and sinking of the drill hole.

The spill has crippled the gulf coast and economic and wildlife may never fully recover.

• Question 1

The political Question doctrine states

• Question 2

Which of the following countries were exempted from the emissions caps set forth in the Kyoto Treaty

Question 3

A Tradeable permit plan

• Question 4

The power of the U.S. Government to take property from a private individual and use it for public purposes is:

• Question 5

Which of the following would be permissible “public uses” for to government obtaining land through Eminent Domain.

• Question 6

Under the ___________ plan, the EPA auctions a set number of sulfur dioxide emission allowances annually, with each allowance permitting one ton of emissions.

• Question 7

In the case of IMS Health, Inc., et al v. Kelly Ayotte, Attorney General of New Hampshire, District Judge Barbadora argues that

• Question 8

According to the text, the rise in childhood obesity has been linked which of the following items:

• Question 9

Commercial speech is protected under which Amendment to the US Constitution?

• Question 10

To succeed under the The Lanham Act, a plaintiff must prove which of the following

• Question 11

The Learned Intermediary Rule

• Question 12

Of product promotion techniques, which is the most influential according to author Naomi Klein?

• Question 13

The cost of taking product liability cases to court is.

• Question 14

According to Stephen Sugarman, performance-based regulation is:

• Question 15

The main purpose of the American Tort Reform Association is to.

• Question 16

The most notable exception to caveat emptor was for

• Question 17

The court’s ruling in Levin v. Wyeth explains how:

• Question 18

Compensatory damages are:

• Question 19

Which of the following are characteristics needed to obtain a patent

• Question 20

To establish copyright infringement, a plaintiff must prove which of the following?

• Question 21

Parodies occur in what type of intellectual property?

• Question 22

Misappropriation of trade secrets has been a federal crime since

• Question 23

Once the copyright on a work has expired,

• Question 24

Nike’s swoosh, McDonald’s arches, and the Xerox name are all identifiable trademarks. Which of the following laws protect(s) them?

I. Lanham Trademark Act of 1946

II. Federal Trademark Dilution Act of 1995

III. Sonny Bono Act of 1998

• Question 25

In a lawsuit for copyright infringement, a defendant can avoid liability by successfully arguing _________, based on the notion that the free flow of ideas sometimes requires quoting or borrowing from a copyrighted work.

Question 1

Corporate director or officer decisions to dedicate corporate funds for social causes is called:

• Question 2

The Ethic of Care is.

• Question 3

The following statements are true regarding the differences in utilitarianism and values ethics in making a decision, EXCEPT:

Decision makers never analyze potential dangers such as financial loss, negative publicity, physical harm to others and so forth.

• Question 4

Where do ethical preferences originate

• Question 5

According to Citizens United v. Federal Election Commission, which of the following is not a reason to allow corporations the right to spend money and advertise for political candidates?

• Question 6

Which case since the Pickering

decision caused the Supreme Court to revisit a state employee’s speech rights?

• Question 7

Which of the following statements is INCORRET regarding a public policy exception for whistleblowing?

• Question 8

What is the BEST definition of “flexicurity” which has been used by European nations to invest in human capital?

• Question 9

In a 2008 study of 1,000 cases of fraud in American firms, the Association of Certified Fraud Examiners (ACFE) revealed one important fact to take into consideration when crafting a Whistleblower policy for a private company?

• Question 10

There are several reasons why whistleblowing may not be protected on an international level. These include:

• Question 11

The United States Constitution, Fourth Amendment provides “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated… ” Privacy rights are triggered under the Fourth Amendment:

• Question 12

As a result of the 1927 Supreme Court case which legitimized state-sponsored sterilization of young women with alleged mental disabilities, Buck v. Bell, how many Americans were subjected to forcible sterilization in the 40 years following that decision?

• Question 13

What does Lewis Maltby submit is the correlation between drug testing and workplace safety?

• Question 14

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated is the _________ Amendment of the U.S. Constitution?

• Question 15

A majority of states have enacted “lifestyle rights laws” that protect workers’ off-duty activities including cases of smoking, cohabitation, drinking. and single parenthood. What is the least effective argument by an employer to regulate off-the-clock activities in a state that has not enacted such lifestyle rights legislation?

• Question 16

TheQuestion of whether there is still a “glass ceiling” in the U.S. is illustrated by what USA Today statistics?

• Question 17

What is the only acceptable rationale behind English-only workplace rules?

• Question 18

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. Which of the following federal government agencies is charged with enforcing this statute?

• Question 19

Which claims of discrimination remain the most common filed to the Equal Employment Opportunity Commission?

• Question 20

In 2003, the Supreme Court in its ruling of Goodridge v. Department of Public Health, struck down which state’s denial of marriage licenses for same sex couples?

Answer

• Question 21

Typically individual stockholders are not held responsible for the actions of a corporation. Exceptions usually relate to comingling of funds, underinsuring, or similar actions by the corporate leadership. This is called:

• Question 22

Employers have __________ been held criminally responsible for workplace injuries and deaths to workers.

• Question 23

According to Michael Silverstein, all of the following are types of risks workers find on the job today, EXCEPT?

• Question 24

With the adoption of the ____________, the U.S. began to address the need to prevent, or minimize, workplace accidents and health hazards.

• Question 25

When an employee is injured on the job, that employee may:

I. File a worker’s compensation claim and accept the government-determined value for the injury.

II. File a tort claim in state court to recover damages above the worker’s compensation amount.

III. File a complaint with OSHA to have the employer investigated and charged if violations are present.

• Question 1

The realization that 21st Century businesses must attend to the “triple bottom line” of profits, people, and the planet” is referred to as:

• Question 2

What are two ways that familiarity with ethical theories can support you in tackling business dilemmas?

• Question 3

Contrary to Plato’s ideal that t rulers of society should be paid no more than four (4) times what the lowest member of society is paid, what was the average compensation of CEO’s by 2005?

• Question 4

Corporate director or officer decisions to dedicate corporate funds for social causes is called:

• Question 5

The following statements are true regarding the differences in utilitarianism and values ethics in making a decision, EXCEPT:

• Question 6

Qui Tam is latin meaning:

• Question 7

Which case since the Pickering

decision caused the Supreme Court to revisit a state employee’s speech rights?

• Question 8

There are several reasons why whistleblowing may not be protected on an international level. These include:

• Question 9

In a 2008 study of 1,000 cases of fraud in American firms, the Association of Certified Fraud Examiners (ACFE) revealed one important fact to take into consideration when crafting a Whistleblower policy for a private company?

• Question 10

In the essay, Work Matters, by law professor Marion Crain, all of the following are the result of working except:

• Question 11

Alan Westin views that limited communication is particularly vital in which communities due to heightened stimulation and continuous physical and psychological confrontations between strangers?

• Question 12

Title I of the Americans with Disabilities Act of 1990 (ADA) explicitly limits the ability of employers to use “medical examinations and inquiries” as a condition of employment and provides for all of the following EXCEPT:

• Question 13

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated is the _________ Amendment of the U.S. Constitution?

• Question 14

What are the two (2) main factors the courts consider when reviewing an employer’s intrusion of employee rights using electronic surveillance?

• Question 15

The Electronic Communications Privacy Act of 1986 (ECPA):

• Question 16

All of the following court cases or laws lead to our current views on sexual harassment EXCEPT which one?

• Question 17

TheQuestion of whether there is still a “glass ceiling” in the U.S. is illustrated by what USA Today statistics?

• Question 18

Equal protection is the constitutional guarantee:

• Question 19

A mayor serving in a major metropolitan area receives an internal memorandum indicating personnel at many police stations are single-race. At the time of the report, thirty percent of the police force was black or Hispanic. She immediately calls a press conference and orders transfer of police officers to achieve racial balance across the city. The transferred police offers sue on constitutional grounds. Assuming just these facts, what is the strongest argument that might be advanced by the transferred officers based on constitutional grounds?

• Question 20

To establish a prima facie case of religious discrimination, the employee has to show all of the following except which one:

• Question 21

Employers have __________ been held criminally responsible for workplace injuries and deaths to workers.

• Question 22

When an employee is injured on the job, that employee may:

I. File a worker’s compensation claim and accept the government-determined value for the injury.

II. File a tort claim in state court to recover damages above the worker’s compensation amount.

III. File a complaint with OSHA to have the employer investigated and charged if violations are present.

• Question 23

What was the most immediate consequence of the 2010 disaster at BP’s Deepwater Horizon oil rig?

• Question 24

According to Michael Silverstein, all of the following are types of risks workers find on the job today, EXCEPT?

• Question 25

According to Henry Shue, who should have responsibility to protect workers from potential harm caused by imported goods?

I. The employers of the workers facing the potential harm

II. The governments of the people who may be harmed

III. The companies importing the goods

IV. Consumers who ultimately buy the goods

Question 1

Which of the following statements best illustrates the view of “utilitarianism”?

I. From each according to his abilities, to each according to his needs.

II. The risk reasonably to be perceived defines the duty to be obeyed and risks imports relation; it is risk to another or to others within the range of apprehension.

III. An action is right when maximizing welfare and total well-being.

IV. Individuals should pursue his or her own self-interest, even at the expense of others.

Question 2

The best example of a source for virtue ethics for a business is

Question 3

According to Citizens United v. Federal Election Commission, which of the following is not a reason to allow corporations the right to spend money and advertise for political candidates?

Question 4

Which of the following views on outsourcing would be consistent with the free market ethics approach advocated by Milton Friedman?

Question 5

Corporate director or officer decisions to dedicate corporate funds for social causes is called:

Question 6

Under the legal doctrine of “employment at will” an employee can be lawfully terminated from her job for:

I. wearing a shirt that clashes with her suit

II. any non-discriminatory reason

III. complaining about illegal activity in the workplace

IV. only for good cause

Question 7

In the essay, Work Matters, by law professor Marion Crain, all of the following are the result of working except:

Question 8

Exceptions to the rule of employment-at-will include which of the following?

I. organization of unions

II. passage of Sarbanes Oxley Act

III. raising of public policy issues

IV. promise of implied-contract or covenant-of-good-faith

Question 9

The Constitution does not always protect free-speech rights for what public employees say on the job. Which of the following is true?

Question 10

To determine whether a public employee receives First Amendment protection from speech (and therefore cannot be fired for it), the Supreme Court has stated that all of the following are important except:

Question 11

As Facebook and other social media sites grow in users and popularity

Question 12

One reason employers use to justify giving honesty or integrity tests is:

Question 13

The Electronic Communications Privacy Act of 1986 (ECPA):

Question 14

In considering the legality of employer interception of employee e-mails at work, pick the correct statement.

I. Employees have complete expectation of privacy since they can select their password for in-house and remote access of e-mails.

II. A subpoena is required by the employer to read any e-mail that is clearly marked “confidential” by the employee.

III. No expectation of privacy exists over an employer-owned computer system at work.

IV. Statement by the employer that e-mails are confidential and privileged cannot be later used by an employer to defeat an employee’s claim of privacy

Question 15

A majority of states have enacted “lifestyle rights laws” that protect workers’ off-duty activities including cases of smoking, cohabitation, drinking. and single parenthood. What is the least effective argument by an employer to regulate off-the-clock activities in a state that has not enacted such lifestyle rights legislation?

Question 16

Equal protection is the constitutional guarantee:

Question 17

John Smith was assaulted on the loading dock by a coworker, Jim Jones, at the Acme Widget Company. The attack was unprovoked by Smith. After the physical assault, there was an angry verbal exchange between the parties. The incident ended when Jones yelled that Smith was a “sissy” and “everybody knows you’re queer as a three dollar bill.” Which of the following statements best describes the outcome of the harassment lawsuit filed by Smith under The Civil Right Act of 1964?

I. Sex discrimination is prohibited by federal law (The Civil Right Act of 1964).

II. Sexual orientation discrimination is prohibited by federal law (The Civil Right Act of 1964).

III. Suits based on harassment due to sexual orientation cannot prevail when based on local or state laws.

IV. Sexual orientation discrimination is not prohibited by federal law (Title VII).

Question 18

All of the following are true statements regarding the Family and Medical Leave Act (FMLA, 29 U.S.C. §§ 2601, et seq.), EXCEPT which of the following?

Question 19

To establish a prima facie case of religious discrimination, the employee has to show all of the following except which one:

Question 20

A mayor serving in a major metropolitan area receives an internal memorandum indicating personnel at many police stations are single-race. At the time of the report, thirty percent of the police force was black or Hispanic. She immediately calls a press conference and orders transfer of police officers to achieve racial balance across the city. The transferred police offers sue on constitutional grounds. Assuming just these facts, what is the strongest argument that might be advanced by the transferred officers based on constitutional grounds?

Question 21

Typically individual stockholders are not held responsible for the actions of a corporation. Exceptions usually relate to comingling of funds, underinsuring, or similar actions by the corporate leadership. This is called:

Question 22

Employers have __________ been held criminally responsible for workplace injuries and deaths to workers.

Question 23

When an employee is injured on the job, that employee may:

I. File a worker’s compensation claim and accept the government-determined value for the injury.

II. File a tort claim in state court to recover damages above the worker’s compensation amount.

III. File a complaint with OSHA to have the employer investigated and charged if violations are present.

Question 24

Which of the following is true about worker’s compensation in America?

Question 25

One example of modern day slavery, as discussed in the interview with Kevin Bales, is:

Leg 500 week 11 final exam part 2

Question 1

According to law professor Thomas Joo, the best group of persons for addressing the environmental concerns facing the world today is:

Question 2

When environmentalists recognized that politicians were not going to pass stricter legislation and regulations, they changed their tactics to force change. According to the Layzer article in the chapter, these new tactics included:

I. Eco-terrorism – bombing pipelines and factories.

II. Collaboration with businesses – create partnerships to improve environmental impacts.

III. Public relations campaigns – go public with their accusations and encourage consumers to demand change.

IV. Work internally through shareholders to try to change corporate disclosure

Question 3

Under the ___________ plan, the EPA auctions a set number of sulfur dioxide emission allowances annually, with each allowance permitting one ton of emissions.

Question 4

The power of the U.S. Government to take property from a private individual and use it for public purposes is:

Question 5

Shareholder activism includes which of the following?

Question 6

Which piece of legislation was passed first?

Question 7

According to MIT professor Layzer, the lobbyists for the energy corporations have used which of the following tactics to avoid stricter regulation?

I. Portray the science of global warming as uncertain and debatable

II. Focus on the financial costs of regulation

III. Provide Senators and Representatives with financial incentives to vote against regulation

IV. Portray the environmentalists as extremists and a vocal minority.

Question 8

Obesity in children has continued to rise since 1976 and approximately _____ of all teens and youth are overweight.

Question 9

According to John Kenneth Galbraith, the theory of consumer demand is based on the following broad assumption(s):

I. Socialism will work in all societies because consumers are willing to share their wealth.

II. The urgency of wants does not diminish as more of them are satisfied.

III. Wants originate in the personality of the consumer.

Question 10

The “creative revolution” in advertising refers to

Question 11

Of product promotion techniques, which is the most influential according to author Naomi Klein?

Question 12

Identify the true statement(s) regarding freedom of speech:

I. It was not until the 1840s that legal doctrines protecting speech when offensive began to be recognized by the courts.

II. In the First National Bank v. Bellotti case, the Supreme Court struck down a state law prohibiting a corporation to advertise to influence voters on issues that did not “materially affect” its business.

III. In the Virginia Board case, the U.S. Supreme Court failed to link the “right to receive information and ideas” with the traditional values that underlie free speech.

IV. The Prescription Information Law expressly allows the transmission or use of both patient-identifiable data and prescriber-identifiable data for certain commercial purposes.

Question 13

The most notable exception to caveat emptor was for

Question 14

According to Stephen Sugarman, performance-based regulation is:

Question 15

According to the plaintiff’s attorney, the primary tactic defense attorneys use to minimize liability is:

I. Hire the best defense firms to make the plaintiffs look like liars

II. Pursue illegal means to get plaintiffs to drop their cases

III. Use the system to make the case too expensive for plaintiffs to pursue their cases

IV. Push plaintiffs into class action suits to force the case to be heard only one time.

Question 16

The Ford Pinto exploded when rear-ended by another vehicle. Of the types of defects a product may have, the Pinto suffered from

Question 17

The term caveat emptor means:

Question 18

To win a case in negligence, a plaintiff must prove all but

Question 19

The Food and Drug Administration, the Consumer Product Safety Commission and the National Highway Transportation Safety Association are

Question 20

In a lawsuit for copyright infringement, a defendant can avoid liability by successfully arguing _________, based on the notion that the free flow of ideas sometimes.

Question 21

The difference between the Project Gutenberg (PG) and the Google book scanning project is:

Question 22

In order to obtain a patent under U.S. Patent Law, an inventor must have an invention that is

I. Not obvious

II. Unique

III. Useful

IV. Not a modification of any prior patents

Question 23

Nike’s swoosh, McDonald’s arches, and the Xerox name are all identifiable trademarks. Which of the following laws protect(s) them?

I. Lanham Trademark Act of 1946

II. Federal Trademark Dilution Act of 1995

III. Sonny Bono Act of 1998

Question 24

Debora Halbert asserts in her essay that:

Question 25

If an author owns a copyright to a non-fiction essay, then publishes that essay in an anthology of similar essays published by a major publishing company, the rights involved in this relationship would be referred to as ______.

• Question 1

According to Citizens United v. Federal Election Commission, which of the following is not a reason to allow corporations the right to spend money and advertise for political candidates?

• Question 2

Assuming a business ethical dilemma, which statement best illustrates Gilligan approach suggested in her theory of “The Ethics of Care”?

• Question 3

Corporate director or officer decisions to dedicate corporate funds for social causes is called:

• Question 4

Which of the following statements is INCORRECT regarding the rights of shareholders?

I. voting power on major issues and ownership in a portion of the company

II. right to transfer ownership and dividend entitlement

III. hire and fire management and select and appoint a chief executive

• Question 5

The Ethic of Care is

• Question 6

The best example of a source for virtue ethics for a business is

• Question 7

Which of the following views on outsourcing would be consistent with the free market ethics approach advocated by Milton Friedman?

• Question 8

The Sarbanes Oxley Act was passed in response to:

I. concerns that investors received full and complete information about potential corporate fraud

II. a lack of investor confidence

III. corporate scandals like Enron

IV. discrimination against an employee when providing information she reasonably believes constitutes a violation of federal security laws

• Question 9

Select the best definition of whistleblower:

• Question 10

The Constitution does not always protect free-speech rights for what public employees say on the job. Which of the following is true?

• Question 11

In the essay, Work Matters, by law professor Marion Crain, all of the following are the result of working except:

• Question 12

To determine whether a public employee receives First Amendment protection from speech (and therefore cannot be fired for it), the Supreme Court has stated that all of the following are important except:

• Question 13

Under the legal doctrine of “employment at will” an employee can be lawfully terminated from her job for:

I. wearing a shirt that clashes with her suit

II. any non-discriminatory reason

III. complaining about illegal activity in the workplace

IV. only for good cause

• Question 14

The most recent major privacy law passed by Congress was the

• Question 15

As Facebook and other social media sites grow in users and popularity

• Question 16

One reason employers use to justify giving honesty or integrity tests is:

• Question 17

According to the article excerpted in the text entitled, The Functions of Privacy, by Alan Westin, privacy has several functions in today’s society. These include:

• Question 18

In considering the legality of employer interception of employee e-mails at work, pick the correct statement.

I. Employees have complete expectation of privacy since they can select their password for in-house and remote access of e-mails.

II. A subpoena is required by the employer to read any e-mail that is clearly marked “confidential” by the employee.

III. No expectation of privacy exists over an employer-owned computer system at work.

IV. Statement by the employer that e-mails are confidential and privileged cannot be later used by an employer to defeat an employee’s claim of privacy

• Question 19

The Electronic Communications Privacy Act of 1986 (ECPA):

• Question 20

John Smith was assaulted on the loading dock by a coworker, Jim Jones, at the Acme Widget Company. The attack was unprovoked by Smith. After the physical assault, there was an angry verbal exchange between the parties. The incident ended when Jones yelled that Smith was a “sissy” and “everybody knows you’re queer as a three dollar bill.” Which of the following statements best describes the outcome of the harassment lawsuit filed by Smith under The Civil Right Act of 1964?

I. Sex discrimination is prohibited by federal law (The Civil Right Act of 1964).

II. Sexual orientation discrimination is prohibited by federal law (The Civil Right Act of 1964).

III. Suits based on harassment due to sexual orientation cannot prevail when based on local or state laws.

IV. Sexual orientation discrimination is not prohibited by federal law (Title VII).

• Question 21

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. Which of the following federal government agencies is charged with enforcing this statute?

• Question 22

All of the following are true statements regarding the Family and Medical Leave Act (FMLA, 29 U.S.C. §§ 2601, et seq.), EXCEPT which of the following?

• Question 23

Employment practices without business justification applied to all employees that result in a less favorable effect for one group than for another group may state a claim for:

• Question 24

A mayor serving in a major metropolitan area receives an internal memorandum indicating personnel at many police stations are single-race. At the time of the report, thirty percent of the police force was black or Hispanic. She immediately calls a press conference and orders transfer of police officers to achieve racial balance across the city. The transferred police offers sue on constitutional grounds. Assuming just these facts, what is the strongest argument that might be advanced by the transferred officers based on constitutional grounds?

• Question 25

To establish a prima facie case of religious discrimination, the employee has to show all of the following except which one:

Questions

1. Select the best definition of ethics:

a. a fairly clear cut set of guides for decision making.

b. a set of relatively unclear principles regarding what we must do.

c. a set of relatively unclear principles regarding what we should do.

d. religious views about the world.

2. Laws must be static and unyielding in order to provide stability for a society.

a. True

b. False

PAGE: 1

3. Choose the statement regarding duty to rescue that is false:

a. There is no general duty to rescue an individual.

b. One basis for not imposing individual rescue liability is: An individual should have a right of freedom of action, privacy and personal autonomy not to intervene and perform rescue.

c. Under a liberal–communitarian approach, citizens owe a duty to the state to rescue other citizens based on reciprocal rights and duties.

d. When one taunts another person who then puts themselves in danger in response to the teasing, the teaser has a duty to rescue the other.

4. All of the following are considered exceptions to the general rule that there is no duty to rescue except:

a. Contract – lifeguards, for example, have signed contracts agreeing to rescue people in exchange for pay and benefits.

b. Witnessing an accident – this creates a duty to step in and help the injured

c. Child abuse- statutes in nearly all states require that one report suspected child abuse.

d. Endangerment – if one puts another in danger, then he/she is obligated to rescue that person.

5. Which of the following views on outsourcing would be consistent with the free market ethics approach advocated by Milton Friedman?

a. Outsourcing is detrimental to the economy because it limits profitability.

b. Outsourcing decreases efficiency and productivity.

c. Outsourcing enhances competitiveness, modernization, and bigger market opportunities.

d. Automating processes and replacing workers is unethical since it does not serve a greater good.

PAGE: 11

6. Which of the following statements best illustrates the view of “utilitarianism”?

I. From each according to his abilities, to each according to his needs.

II. The risk reasonably to be perceived defines the duty to be obeyed and risks imports relation; it is risk to another or to others within the range of apprehension.

III. An action is right when maximizing welfare and total well-being.

IV. Individuals should pursue his or her own self-interest, even at the expense of others.

a. I only

b. III only

c. I and II

d. I, II, and III

PAGE: 14

7. The best example of a source for virtue ethics for a business is

a. newspapers articles about the corporation.

b. the corporate mission statement.

c. the documentation in human resources justifying the hiring of new staff.

d. the resumes of the members of the board of directors and the officers.

Page 22-23

8. The Ethic of Care is

a. A set of rules that explain how to prioritize those people affected by a decision so that a utilitarian analysis can be done successfully.

b. A set of universal principles, which applied evenly to all decisions will result in fairness and equity in ethical decisions.

c. The idea that we should all make decisions under the assumption that we don’t know our station in life, that we could be the person most negatively impacted by the decision.

d. A set of principles that encourage decision makers to look at human relationships as a primary motivator for a decision.

9. Assuming a business ethical dilemma, which statement best illustrates Gilligan approach suggested in her theory of “The Ethics of Care”?

a. individual rights and justice for all

b. applies only to women and not men

c. care and responsibility to others

d. obedience to independent moral rules or duties

10. Which of the following statements is INCORRECT regarding the rights of shareholders?

I. voting power on major issues and ownership in a portion of the company

II. right to transfer ownership and dividend entitlement

III. hire and fire management and select and appoint a chief executive

a. I and II

b. I, II, and III

c. I only

d. III only

11. According to Citizens United v. Federal Election Commission, which of the following is not a reason to allow corporations the right to spend money and advertise for political candidates?

a. Political speech is the most important, and most protected, speech that exists. It is crucial to the democratic process that political speech be encouraged and heard.

b. The immense wealth of a corporation allows it to be the most accurate in providing messages to people.

c. Presidents and members of Congress often consult with corporate leaders on a number of issues, suppressing all corporate political speech would eliminate the ability for non-profits and smaller corporations to oppose or reject publicly the position of those larger corporations being consulted.

d. Restrictions do not protect minority or dissenting shareholders because they can address disagreement through the corporate democratic process.

12. Corporate director or officer decisions to dedicate corporate funds for social causes is called:

a. Corporate Social Responsibility (CSR)

b. Social Activism (SA)

c. Business Engagement in Environmental Situations (BEES)

d. Strategic Investment in Stakeholder Issues (SISI)

Essay Questions

13. Describe the difference between the law and ethics.

ANSWER: Law provides for a set of rules for behavior. When these rules are broken, behavior is punishable. On the other hand, ethics presents a menu of options, perhaps disconnected from laws. Laws are “what a person must do,” and ethics addresses “what a person should do.”

Page 1

14. From where do ethical preferences originate?

15. Discuss how multinational corporations can be both a benefit and a detriment to society.

16. Explain why laws exist that do not impose a duty to rescue.

17. Describe the philosophy of noted economist, Milton Friedman, on the issue of “free market ethics.”

18. The chapter discusses a number of different ethical theories or approaches to decision making. Discuss the potential dangers of relying solely on one theory or approach.

19. Discuss the differences in utilitarianism and values ethics in making a decision.

True/False

Indicate whether the sentence or statement is true or false.

____ 1. According to Henry Shue, firms are not in the business of protecting the interests of their workers,

except when this is a means to accomplish the organizational objectives.

____ 2. Today, shareholder activism within corporations continues to grow.

____ 3. The problems facing the EPA now are more blatant and traceable to a few major industrial sources

now than they were 35 years ago, when the problems were more diffuse and insidious.

____ 4. Environmentalists have sought to work more closely with businesses for the past 40 years.

____ 5. Citizens have always been afforded freedom of speech after the ratification of the U.S. Constitution.

____ 6. The Federal Trade Commission was created to promote competition through its enforcement of the

Sherman and Clayton Antitrust Acts.

Multiple Choice

Identify the letter of the choice that best completes the statement or answers the Question.

____ 7. With the adoption of the ____________, the U.S. began to address the need to prevent, or minimize,

workplace accidents and health hazards.

a. Securities Act c. Environmental Protection Agency

b. Occupational Safety and Health d. National Insurance Act

Act

____ 8. Employers have __________ been held criminally responsible for workplace injuries and deaths to

workers.

a. rarely c. mostly

b. marginally d. always

____ 9. What state has prosecuted more employers for safety violations than any of the other states

combined?

a. New York c. Ohio

b. Utah d. California

____ 10. Elements of human slavery include which of the following?

I. Lack of legal ownership benefits slaveholders today.

II. Slaves are controlled through violence or the threat of violence.

III. Debt bondage is not used for today’s slave market.

a. I only c. III only

b. II only d. I and II only

____ 11. When were worker’s compensation laws first adopted in the United States?

a. 1911-1925 c. 1964, the same year as the Civil

Rights Act

b. 1946, after World War II d. 1972

____ 12. Which of the following is true about current carbon dioxide levels?

a. They are the highest they have been in c. They are the highest they have ever

the past 20 million years. been.

b. They are the lowest they have been in d. They are the lowest they have ever

the past 360,000 years. been.

____ 13. Which piece of legislation was passed first?

a. The Clean Water Act

b. The Resource Conservation and Recovery Act

c. The Clean Air Act

d. The Comprehensive Environmental Response, Compensation, and Liability Act

____ 14. Under the ___________ plan, the EPA auctions a set number of sulfur dioxide emission allowances

annually, with each allowance permitting one ton of emissions.

a. allocation of resources c. green capitalism

b. tradeable permit d. shareholder activism

____ 15. Shareholder activism includes which of the following?

a. the proxy system c. preliminary management resistance

b. recommendations with moral d. all of the above

authority

____ 16. What piece of legislation outlawed “unfair methods of competition and unfair or deceptive acts and

practices”?

a. Federal Trade Act of 1914 c. Federal Food and Drug Act of 1953

b. Lanham Act of 1946 d. The Learned Intermediary Rule

____ 17. The Prescription Information Law of 2006 was passed to:

a. aid pharmaceutical companies in obtaining information about patients’ prescription requirements.

c. protect physicians from unethical bribery by pharmaceutical companies.

b. protect patent and physician privacy. d. protect patients from fraudulent

claims about the effectiveness of prescription medication.

____ 18. Identify the true statement(s) regarding freedom of speech:

I. It was not until the 1840s that legal doctrines protecting speech when offensive began to be recognized by the courts.

II. In the First National Bank v. Bellotti case, the Supreme Court struck down a state law prohibiting a corporation to advertise to influence voters on issues that did not

“materially affect” its business.

III. In the Virginia Board case, the U.S. Supreme Court failed to link the “right to receive information and ideas” with the traditional values that underlie free speech.

IV. The Prescription Information Law expressly allows the transmission or use of both patient-identifiable data and prescriber-identifiable data for certain commercial purposes.

a. I only c. III only

b. II only d. I and III

3

b. I and II

a. I only

Name: ________________________ ID: A

____ 19. According to John Kenneth Galbraith, the theory of consumer demand is based on the following broad assumption(s):

I. Socialism will work in all societies because consumers are willing to share their wealth.

II. The urgency of wants does not diminish as more of them are satisfied.

III. Wants originate in the personality of the consumer.

c. III only d. II and III

• Question 1

In Native Village of Kivalina v. Exxonmobil Corporation, et. al, Judge Armstrong ruled.

• Question 2

The political Question doctrine states

• Question 3

According to MIT professor Layzer, the lobbyists for the energy corporations have used which of the following tactics to avoid stricter regulation?

I. Portray the science of global warming as uncertain and debatable

II. Focus on the financial costs of regulation

III. Provide Senators and Representatives with financial incentives to vote against regulation

IV. Portray the environmentalists as extremists and a vocal minority.

• Question 4

Concerns over national security and the environment led congress to pass which items?

• Question 5

A Tradeable permit plan will provide incentives for companies

• Question 6

The power of the U.S. Government to take property from a private individual and use it for public purposes is:

• Question 7

The Learned Intermediary Rule

• Question 8

The FTC regulates various industries by

• Question 9

Spam practices are regulated by which government entity?

• Question 10

The American Association of Advertising Agencies as agreed to a code that contains the following prohibitions in advertising.

• Question 11

In the case of IMS Health, Inc., et. al. v. Kelly Ayotte, Attorney General of New Hampshire, “detailing” a drug is: