Question 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 8000 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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