LEG 500 WEEK 11 FINAL EXAM PART 1 & 2
PART 1
Question 1
Where do ethical preferences originate?
Answer
Ethical preferences originate from an individual’s own critical consciousness.
Ethical preferences originate from the legislature who makes the laws.
Ethical preferences originate from the Judges who decide the laws.
Ethical preferences originate from the Governor or President.
Question 2
Kant’s deontological theory posits that moral behavior requires holding to certain principles without exception, he outlines this principle by means of developing:
Answer
rights and responsibility codes
categorical imperatives
ethical norms
bill of rights
Question 3
What was the title of the 90 minute documentary at the heart of the case of Citizens United v. Federal Election Commission?
Answer
“Clinton, unveiled”
“Hillary, The Movie”
“Citizen Kane”
“United in Speech”
Question 4
Considering ethical decision making by U.S. businesses, the law is attempting to balance two important values, one is Freedom, and the other is:
Answer
individualism
profit
responsibility
voracity
Question 5
It is understood that no business can solve all of society’s problems or bear the cost of doing so, under Corporate Social Responsibility principles, each company should select issues that intersect with its particular business to tackle; of the issues, which one describe issues that are “significantly affected by the company’s activities in the ordinary course of business”?
Answer
Generic social issues
Value chain social issues
Direct effect social issues
Social dimensions of competitive context
Question 6
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 7
What case following Pickering made it more difficult for public employees to successfully argue that their free speech rights have been violated?
Answer
McAuliffe v. Mayor of New Bedford
Garcetti v. Ceballos
Connick v. Myers
Roe v. Wade
Question 8
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
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
The employer must have a justification for treating the employee differently than it would treat a member of the general public.
The speech cannot be about political topics.
The speech must be about something of great public concern.
The speech cannot be made as part of the employment (such as an internal memorandum).
Question 10
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
As Facebook and other social media sites grow in users and popularity
Answer
There has been wide agreement that the expectation of privacy in those sites is nonexistent.
The sites have gotten more and more protective of their user’s information.
Many user’s have been unhappy with the privacy policies of the sites.
The sites have eliminated privacy policies as they were the source of too many lawsuits.
Question 12
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?
Answer
First
Fifth
Fourth
Fourteenth
Question 13
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
Question 14
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:
Answer
Total freedom in the private life with no consequences to the work life.
The ability to express dissatisfaction without risk of exposure.
The ability to be post critical information on the Internet without consequences at work.
The ability to spend time quietly analyzing the actions and reactions of other people.
Question 15
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 16
All are examples that despite civil rights laws, the remnants of past discriminatory practices survive, EXCEPT:
Answer
Reduction of civil protections and liberties in the enforcement of state and federal anti-discrimination laws.
The wage gap between men and women.
The lack of small businesses owned by minorities and women.
segregation by race and gender in the national workforce.
Question 17
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 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?
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
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
I only
II only
III only
I and IV
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?
Answer
Executive action by the mayor is unconstitutional because there was no rational relationship to a valid governmental purpose.
The action is “void for vagueness” since transferred police officers must unnecessarily guess at the underlying public policy of the transfer process.
The mayor’s policy used race as the basis for transfers, and assignments are subject to strict scrutiny.
The transfer can be set aside based on intermediate or heightened level of scrutiny.
Question 21
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
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 23
According to Michael Silverstein, all of the following are types of risks workers find on the job today, EXCEPT?
Answer
Precautions put in place at most workplaces that pre-dates the 1970’s OSH Act.
Hazards present in 1970 but not fully appreciated by those who wrote the OSH Act.
New hazards that have entered the workplace that were unknown in 1970.
Changes in the political, economic, and legal landscape of work that have brought about new safety and health challenges
Question 24
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 25
Employers have __________ been held criminally responsible for workplace injuries and deaths to workers.
Answer
rarely
marginally
mostly
always
PART 2
Question 1
The power of the U.S. Government to take property from a private individual and use it for public purposes is:
Answer
Due Process
Equal Protection
Eminent Domain
Suffrage
Question 2
Which of the following “developing countries” were exempted by the Kyoto Treaty from following the initial emissions reductions standards?
Answer
The United States
China
Canada
Japan
Question 3
Concerns over national security and the environment led congress to pass which items?
Answer
A requirement that the FBI and Pentagon conduct a national intelligence estimate on global warming and climate change
A requirement that the CIA and Pentagon conduct a national intelligence estimate on global warming and climate change
A requirement that the CIA and NSA conduct a national intelligence estimate on global warming and climate change.
A requirement that the CIA and FBI conduct a national intelligence estimate on global warming and climate change.
Question 4
Which of the following is an example of a significant environmental protection 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 5
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 6
Which of the following would be permissible “public uses” for to government obtaining land through Eminent Domain.
Answer
A public highway or road.
A sports stadium and/or arena
The rezoning of land for residential use.
Both A and B
All of the above
Question 7
In FTC v. Silueta Distributors, Inc. and Stanley Klavir, Judge Armstrong ruled
Answer
That good faith reliance on another person’s representation is a valid defense to liability under the FTC Act.
The good faith reliance on another person’s representations is not a valid defense to liability under the FTC Act.
The good faith reliance on another person’s representations is not an issues in determining liability under the FTC Act.
None of the above.
Question 8
In the case of IMS Health, Inc., et al v. Kelly Ayotte, Attorney General of New Hampshire, Judge Selya argues that
Answer
Pharmaceutical detailing is sometimes used in ways that benefit public health.
Pharmaceutical detailing does not distinguish between beneficial detailing and harmful detailing.
Neither A nor B.
Both A and B.
Question 9
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
I only
II only
III only
I and III
Question 10
________________ 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 11
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 12
Of product promotion techniques, which is the most influential according to author Naomi Klein?
Answer
Advertising
Marketing
Branding
Word-of –mouth promotion
Question 13
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
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 15
Increasing the license fee for owning a gun is an example of what type of alternative?
Answer
Performance based alternative
Regulatory alternative
State Action
Safety focused alternative
Question 16
The term caveat emptor means:
Answer
“seller take care”
“empty the cave of deceit”
“buyer beware”
“truth shall prevail”
Question 17
The most notable exception to caveat emptor was for
Answer
Food
Automobiles
Clothing
Shoes
Question 18
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
I
II
III
IV
Question 19
As part of establishing a claim for copyright infringement, a plaintiff must prove which of the following?
Answer
That the work is used in commerce
That the owner is the true inventor of the copyright.
Ownership over the work
All of the above
Question 20
Which if the following can be patentable
Answer
Software
Drugs
Plants
All of the above
Question 21
Sony BMG Music Entertainment v. Tenenbaum is important to the determination of:
Answer
Patent Infringement
Fair use in copyright Law
Whether or not a Trade secret was stolen
How trade dress is important to a company’s valuation
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 |
Answer
I only
I and II
I, II and III
I, II, III and IV
Question 23
Which of the following are characteristics needed to obtain a patent
Answer
A new invention
A novel invention
A useful invention
All of the above
None of the above
Question 24
Debora Halbert asserts in her essay that:
Answer
women have benefited greatly from intellectual property laws.
women’s creativity has existed outside the boundaries of intellectual property law
in the nineteenth century, writing poetry and novels enabled women to not only express themselves intellectually but to reap financial rewards as well.
when women knitted or quilted, they were reluctant to share their patterns with other women.
Question 25
Once the copyright on a work has expired,
Answer
The owner can renew it for a new term
The work is in the public domain
The work becomes the property of the government
The work is considered no longer creative
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