LEG 500 Final Exam

LEG 500 Final Exam

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Part 1

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.

III only

Question 2

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

the corporate mission statement.

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?

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

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 disclosures

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:

Correct Answer: “buyer beware”

Question 18

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

Correct Answer: A lack of fault by the defendant for the harm caused

Question 19

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

Correct Answer: Independent Agencies that report to no branch of government.

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 requires quoting or borrowing from a copyrighted work.

Correct Answer: fair use

Question 21

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

Correct Answer: The PG limits itself to only works in the public domain

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

Correct Answer: I, II and III

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

Correct Answer: I and II

Question 24

Debora Halbert asserts in her essay that:

Correct Answer: women’s creativity has existed outside the boundaries of intellectual property law

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 ______.

Correct Answer: collective work