leg 500 final exam
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Leg 500 Final ExamTRANSCRIPT
Question 1
4 out of 4 points
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.
Answer
Selected Answer:
III only
Correct Answer:
III only
Question 2
4 out of 4 points
The best example of a source for virtue ethics for a business is
Answer
Selected Answer:
the corporate mission statement.
Correct Answer:
the corporate mission statement.
Question 3
4 out of 4 points
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?
Answer
Selected Answer:
The immense wealth of a corporation allows it to be the most accurate in providing messages to people.
Correct Answer:
The immense wealth of a corporation allows it to be the most accurate in providing messages to people.
Question 4
4 out of 4 points
Which of the following views on outsourcing would be consistent with the free market ethics approach advocated by Milton Friedman?
Answer
Selected Answer:
Outsourcing enhances competitiveness, modernization, and bigger market opportunities.
Correct Answer:
Outsourcing enhances competitiveness, modernization, and bigger market opportunities.
Question 5
4 out of 4 points
Corporate director or officer decisions to dedicate corporate funds for social causes is called:
Answer
Selected Answer:
Corporate Social Responsibility (CSR)
Correct Answer:
Corporate Social Responsibility (CSR)
Question 6
4 out of 4 points
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 workplaceIV. only for good cause
Answer
Selected Answer:
c. I and II
Correct Answer:
c. I and II
Question 7
4 out of 4 points
In the essay, Work Matters, by law professor Marion Crain, all of the following are the result of working except:
Answer
Selected Answer:
People stay out of jail.
Correct Answer:
People stay out of jail.
Question 8
4 out of 4 points
Exceptions to the rule of employment-at-will include which of the following?I. organization of unionsII. passage of Sarbanes Oxley Act
III. raising of public policy issuesIV. promise of implied-contract or covenant-of-good-faith
Answer
Selected Answer:
I, II, III, IV
Correct Answer:
I, II, III, IV
Question 9
4 out of 4 points
The Constitution does not always protect free-speech rights for what public employees say on the job. Which of the following is true?
Answer
Selected Answer:
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.
Correct Answer:
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.
Question 10
4 out of 4 points
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:
Answer
Selected Answer:
The speech cannot be about political topics.
Correct Answer:
The speech cannot be about political topics.
Question 11
4 out of 4 points
As Facebook and other social media sites grow in users and popularity
Answer
Selected Answer:
Many user’s have been unhappy with the privacy policies of the sites.
Correct Answer:
Many user’s have been unhappy with the privacy policies of the sites.
Question 12
4 out of 4 points
One reason employers use to justify giving honesty or integrity tests is:
Answer
Selected Answer:
Employee theft is a tremendous expense each year and employers believe that these tests will remove the largest potential offenders.
Correct Answer:
Employee theft is a tremendous expense each year and employers believe that these tests will remove the largest potential offenders.
Question 13
4 out of 4 points
The Electronic Communications Privacy Act of 1986 (ECPA):
Answer
Selected Answer:
fails to protect employees in most situations involving e-mail monitoring by public and private employers.
Correct Answer:
fails to protect employees in most situations involving e-mail monitoring by public and private employers.
Question 14
4 out of 4 points
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
Answer
Selected Answer:
III only
Correct Answer:
III only
Question 15
4 out of 4 points
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?
Answer
Selected Answer:
There is no invasion of privacy since the employee is “at will.”
Correct Answer:
There is no invasion of privacy since the employee is “at will.”
Question 16
4 out of 4 points
Equal protection is the constitutional guarantee:
Answer
Selected Answer:
embodied in the Fourteenth Amendment to the U.S. Constitution.
Correct Answer:
embodied in the Fourteenth Amendment to the U.S. Constitution.
Question 17
4 out of 4 points
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).
Answer
Selected Answer:
I and IV
Correct Answer:
I and IV
Question 18
4 out of 4 points
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
Selected Answer:
Every personal or family emergency qualifies for FMLA leave.
Correct Answer:
Every personal or family emergency qualifies for FMLA leave.
Question 19
4 out of 4 points
To establish a prima facie case of religious discrimination, the employee has to show all of the following except which one:
Answer
Selected Answer:
That religion has been a significant part of the employee’s life for a
significant amount of time.
Correct Answer:
That religion has been a significant part of the employee’s life for a significant amount of time.
Question 20
4 out of 4 points
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?
Answer
Selected Answer:
The mayor’s policy used race as the basis for transfers, and assignments are subject to strict scrutiny.
Correct Answer:
The mayor’s policy used race as the basis for transfers, and assignments are subject to strict scrutiny.
Question 21
4 out of 4 points
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:
Answer
Selected Answer:
Piercing the corporate veil
Correct Answer:
Piercing the corporate veil
Question 22
4 out of 4 points
Employers have __________ been held criminally responsible for workplace injuries and deaths to workers.
Answer
Selected Answer:
rarely
Correct Answer:
rarely
Question 23
0 out of 4 points
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.
Answer
Selected Answer:
I and II only
Correct Answer:
I and III only
Question 24
4 out of 4 points
Which of the following is true about worker’s compensation in America?
Answer
Selected Answer:
Employees collect workers compensation for on the job injuries but are not allowed to sue employers for negligence.
Correct Answer:
Employees collect workers compensation for on the job injuries but are not allowed to sue employers for negligence.
Question 25
4 out of 4 points
One example of modern day slavery, as discussed in the interview with Kevin Bales, is:
Answer
Selected Answer:
Debt bondage – where families borrow money with the collateral being their future labor and the future labor of their offspring.
Correct Answer:
Debt bondage – where families borrow money with the collateral being their future labor and the future labor of their offspring.
Leg 500 week 11 final exam part 2
Question 1
0 out of 4 points
According to law professor Thomas Joo, the best group of persons for addressing the environmental concerns facing the world today is:
Answer
Selected Answer:
Environmentalists
Correct Answer:
Directors and Officers
Question 2
4 out of 4 points
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 disclosures
Answer
Selected Answer:
II, III and IV.
Correct Answer:
II, III and IV.
Question 3
4 out of 4 points
Under the ___________ plan, the EPA auctions a set number of sulfur dioxide emission allowances annually, with each allowance permitting one ton of emissions.
Answer
Selected Answer:
tradeable permit
Correct Answer:
tradeable permit
Question 4
4 out of 4 points
The power of the U.S. Government to take property from a private individual and use it for public purposes is:
Answer
Selected Answer:
Eminent Domain
Correct Answer:
Eminent Domain
Question 5
4 out of 4 points
Shareholder activism includes which of the following?
Answer
Selected Answer:
all of the above
Correct Answer:
all of the above
Question 6
4 out of 4 points
Which piece of legislation was passed first?
Answer
Selected Answer:
The Clean Air Act
Correct Answer:
The Clean Air Act
Question 7
4 out of 4 points
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 debatableII. Focus on the financial costs of regulationIII. Provide Senators and Representatives with financial incentives to vote against regulationIV. Portray the environmentalists as extremists and a vocal minority.
Answer
Selected Answer:
I, II and IV
Correct Answer:
I, II and IV
Question 8
4 out of 4 points
Obesity in children has continued to rise since 1976 and approximately _____ of all teens and youth are overweight.
Answer
Selected Answer:
one-third
Correct Answer:
one-third
Question 9
4 out of 4 points
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.
Answer
Selected Answer:
II and III
Correct Answer:
II and III
Question 10
4 out of 4 points
The “creative revolution” in advertising refers to
Answer
Selected Answer:
The move from showing what a product can do to making the product a status symbol
Correct Answer:
The move from showing what a product can do to making the product a status symbol
Question 11
4 out of 4 points
Of product promotion techniques, which is the most influential according to author Naomi Klein?
Answer
Selected Answer:
Branding
Correct Answer:
Branding
Question 12
0 out of 4 points
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.
Answer
Selected Answer:
I only
Correct Answer:
II only
Question 13
4 out of 4 points
The most notable exception to caveat emptor was for
Answer
Selected Answer:
Food
Correct Answer:
Food
Question 14
0 out of 4 points
According to Stephen Sugarman, performance-based regulation is:
Answer
Selected Answer:
Where the government creates a reporting structure for consumers to report corporation performance related to safety or environmental issues and then the government imposes fines by a specific formula for companies who exceed a certain number of negative reports.
Correct Answer:
Where the government sets targets for how much harm is allowed for each product produced and the company is fined or penalized for any harm beyond the acceptable level.
Question 15
0 out of 4 points
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.
Answer
Selected Answer:
IV
Correct Answer:
III
Question 16
4 out of 4 points
The Ford Pinto exploded when rear-ended by another vehicle. Of the types of defects a product may have, the Pinto suffered from
Answer
Selected Answer:
Design Defect
Correct Answer:
Design Defect
Question 17
4 out of 4 points
The term caveat emptor means:
Answer
Selected Answer:
“buyer beware”
Correct Answer:
“buyer beware”
Question 18
4 out of 4 points
To win a case in negligence, a plaintiff must prove all but
Answer
Selected Answer:
A lack of fault by the defendant for the harm caused
Correct Answer:
A lack of fault by the defendant for the harm caused
Question 19
4 out of 4 points
The Food and Drug Administration, the Consumer Product Safety Commission and the National Highway Transportation Safety Association are
Answer
Selected Answer:
Independent Agencies that report to no branch of government.
Correct Answer:
Independent Agencies that report to no branch of government.
Question 20
4 out of 4 points
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
Selected Answer:
fair use
Correct Answer:
fair use
Question 21
0 out of 4 points
The difference between the Project Gutenberg (PG) and the Google book scanning project is:
Answer
Selected Answer:
Google only digitizes full documents but the PG digitizes key segments
Correct Answer:
The PG limits itself to only works in the public domain
Question 22
0 out of 4 points
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
Answer
Selected Answer:
I, II, III and IV
Correct Answer:
I, II and III
Question 23
4 out of 4 points
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
Answer
Selected Answer:
I and II
Correct Answer:
I and II
Question 24
0 out of 4 points
Debora Halbert asserts in her essay that:
Answer
Selected Answer:
when women knitted or quilted, they were reluctant to share their patterns with other women.
Correct Answer:
women’s creativity has existed outside the boundaries of intellectual property law
Question 25
4 out of 4 points
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 ______.
Answer
Selected Answer:
collective work
Correct Answer:
collective work