LEG 500 Week 11 Final Exam (Part 1 and Part 2)

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.

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

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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?

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

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

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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

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

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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

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

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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:

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

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

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The Electronic Communications Privacy Act of 1986 (ECPA):

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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

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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?

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Equal protection is the constitutional guarantee:

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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).

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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?

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

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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?

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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:

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

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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.

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

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

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

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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

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

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

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Shareholder activism includes which of the following?

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Which piece of legislation was passed first?

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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.

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

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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.

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The “creative revolution” in advertising refers to

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

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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.

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The most notable exception to caveat emptor was for

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According to Stephen Sugarman, performance-based regulation is:

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

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

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The term caveat emptor means:

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

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

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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.

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

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

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

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Debora Halbert asserts in her essay that:

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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 ______.

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