Business Ethics and Legal Environment Final

Equal protection is the constitutional guarantee:

embodied in the Fourteenth Amendment to the U.S. Constitution.

In order to be covered by the ADA (Americans with Disabilities Act), a disability must be ongoing and permanent for the foreseeable future.

False

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

Eminent Domain

A "green tax" uses government taxing power to benefit the environment.

True

According to Alice Kaswan, environmental justice has had:

a modest impact on environmental law

According to Carmen G. Gonzalez, people go hungry because:

people are too poor to grow food

How many bonus tests that have been set aside for this course?

1

How many case analysis assignments a student is required to do in this course?

1

Additional to the participation in Discussion Forums, how many different types of individual written assignments a student has to turn in for evaluation as a part of her or his final grade?

2

What is the page limit for the case analysis written assignment?

2

What is the page limit for the text portion of your group project, excluding a title page, a table of content page, a page of executive summary, a page(s) for references, and pages for figures, graphs, exhibits, or any other supporting evidences?

7

When Qui Tam whistleblowers against the pharmaceutical industry were questioned about their motivation, several reasons were mentioned. Which of the following was NOT given as a reason?

Financial reward.

The most notable exception to caveat emptor was for

Food

Absent provisions in the contract, which of the following types of damage can be awarded to an injured party under a breach of contract?

General, incidental, and special damages only

With the adoption of the ____________, the U.S. began to address the need to prevent, or minimize, workplace accidents and health hazards.

Occupational Safety and Health Act

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

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.

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:

The speech cannot be about political topics.

Once the copyright on a work has expired,

The work is in the public domain

A majority of states have enacted off-the-job privacy protection laws. 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?

There is no invasion of privacy since the employee is "at will."

According to Henry Shue, firms are not in the business of protecting the interests of their workers, except when this is a means to accomplish the organizational objectives.

True

According to the Learned Intermediary Rule, pharmaceutical manufacturers do not have to warm consumers about drug dangers as long as they have adequately warned physicians.

True

American copyright law creates a bundle of rights for the owner, including the right to reproduce, distribute, perform, display, or adapt the work.

True

Federal courts have consistently held that the Civil Rights Act's ban on 'discrimination on the basis of sex' does not include discrimination based on one's sexual orientation or affiliation.

True

In Wyeth v. Levine, the majority rejected the idea that primary responsibility for drug safety lies with the government and instead lies with the drug manufacturer.

True

It is perfectly legal for employers to secretly and intrusively spy on their employees.

True

Choose the statement regarding duty to rescue that is false:

When one taunts another person who then puts themselves in danger in response to the teasing, the teaser has a duty to rescue the person teased.

All of the following are considered exceptions to the general rule that there is no duty to rescue except:

Witnessing an accident: This creates a duty to step in and help the injured.

Virtue ethics:

focuses on what human beings are capable of being.

The Electronic Communications Privacy Act of 1986 (ECPA):

has been an effective law because employee privacy intrusions are less common and steadily declining since 2000.

The 2004 Heath Information and Portability and Accountability Act (HIPPA):

requires consent for medical information to be accessed and shared.

According to Stephen Sugarman, performance-based regulation happens when:

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.

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

tradeable permit

Debora Halbert asserts in her essay that:

women have benefited greatly from intellectual property laws.

Title VII specifically addresses the issues of affirmative action, sexual harassment, and same-sex marriage.

False

Trade secrets are registered just like trademarks.

False

The term caveat emptor means:

"buyer beware"

The ADA direct threat provision permits an employer to impose a:

"requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace."

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

Corporate Social Responsibility (CSR)

Which of the following statements regarding Benefit Corporations is true?

Benefit corporations are incorporated under state law with the intent to be profitable.

Ag Gag would criminalize:

Both a. and b.

The Ford Pinto exploded when rear-ended by another vehicle. The Pinto suffered from a(an):

Design Defect

The debate over advertising fast food and other "junk foods" to kids is in effect settled, since federal and state laws have put limits on that advertising.

False

Which of the following federal government agencies is charged with enforcing Title VII of the Civil Rights Act of 1964?

Equal Employment Opportunity Commission

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?

Every personal or family emergency qualifies for FMLA leave.

According to John Locke, the purpose of government is to institute restraints to protect property rights.

False

Almost all of the hazards that workers face are known and visible.

False

Citizens have always been afforded freedom of speech after the ratification of the U.S. Constitution.

False

It is illegal to increase a specific employee's health insurance premiums based on the employee's lifestyle.

False

Laws must be static and unyielding in order to provide stability for a society.

False

OSHA has a wide range of tools available to address the risks that workers face.

False

Since a corporation is a "person" in the eyes of the law, a corporation's constitutional right to privacy is identical to a natural person's rights.

False

The Equal Employment Opportunity Commission (EEOC) favors English-only rules because they decrease the ability for people to stereotype based on national origin or ethnicity and thus decrease illegal workplace discrimination.

False

The Kyoto Protocol is an international treaty to reduce greenhouse admissions, signed by over 200 countries including the United States.

False

The National Labor Relations Board has stated that the right to discuss working conditions freely and without fear of retaliation should exist at the work site. However, the Board believes the same right does not exist online.

False

Identify the true statement(s) regarding freedom of speech: I. It was not until the 1920s 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. According to the Central Hudson decision, "protected commercial speech" cannot be regulated.

I & II only

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 Revision Act of 2006 III. Sonny Bono Act of 1998

I and II

When it comes to employment and social media: I. Every U.S. law dealing with employee privacy grants significant deference to an employer's legitimate business interest. II. U.S employers may legally canvass social media sites for information on employees and potential employees and act upon the information found. III. When an employer finds and uses social media information to reprimand or fire an employee, the employer is obligated to disclose the method of gaining that information to the employee. IV. Statutes that specially govern the intersection of social media and workplace privacy were enacted in 2013.

I and II only

The Workers Rights Consortium: I. Combats sweatshops by monitoring and investigating working conditions in factories around the world. II. Is a U.S. government organization. III. Covers contractors, subcontractors and manufacturers.

I and III only

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 and IV

The Lanham Act: I. Focuses on trademark registration and protection. II. Was passed in reaction to the Great Depression. III. Gives competitors the right to sue for false claims a rival company makes about the competitor's product. IV. Does not allow a company to sue for false claims a rival company makes about their own products.

I, I and III only

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

I, II and III

The Fair Labor Standards Act (FLSA) of 1938: I. sets maximum hours II. requires minimum wages III. requires compliance with child labor standards IV. covers farmer workers

I, II and III only

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.

I, II and IV

The Food Safety Modernization Act: I. offers some protections for whistleblowers II. covers vegetables, seafood and dairy III. covers eggs and poultry IV. gives the FDA power to make mandatory recalls

I, II and IV only

To win a suit for negligence, a plaintiff must establish that the defendant: I. breached its duty of care II. created an unreasonable risk of harm III. acted with total disregard to the harm that could result IV. behavior was the proximate cause of the plaintiff's injuries

I, II and IV only

Which of the following are ways businesses justify electronic surveillance of employees? I. It measures and encourages efficiency. II. It uncovers employee disloyalty. III. It enhances the fairness of personnel evaluations. IV. It prevents employees from sending personal emails on company time.

I, II and IV only

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

I, II, III, IV

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.

II and III

According to Guy Mundlak and Issi Rosen-Zvi, hypotheses for the existence of CSR reports include: I. They have instrumental value to governments. II. They are a focal point for persuading the corporate world that a new ethical discourse is emerging. III. They are created to persuade competitors to adopt similar measures and standards of responsibility. IV. They are created in an attempt to persuade managers and employees that they should be proud of their workplace.

II, III and IV only

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

II, III and IV.

According to deontological thinker Kant: I. It is only acceptable to lie when done to protect an innocent person. II. The level of respect owed to another is based on one's relationship to that person. III. It is wrong to use another person unless mutual benefit is attached. IV. Once chosen, actions will be repeated whenever the same situation arises.

III and IV

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

III only

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

Which of the following statements is INCORRECT regarding the rights of shareholders? I. voting power on major issues and ownership in a portion of the company II. right to transfer ownership and dividend entitlement III. hire and fire management and select and appoint a chief executive

III only

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

Independent agencies that report to no branch of government.

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

That religion has been a significant part of the employee's life for a significant amount of time.

Which piece of legislation was passed first?

The Clean Air Act

The organization that works with companies on recalls of unsafe products (such as lead-paint laden Thomas the Train toys) is

The Consumer Product Safety Commission (CPSC)

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

The PG limits itself to only works in the public domain

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:

The ability to vent anger at authority without being held responsible.

When an employee files a worker's compensation claim:

The employee must prove the company was negligent.

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.

The "creative revolution" in advertising refers to

The move from showing what a product can do to making the product a status symbol.

In the discussion forum of Wells Fargo Scandal, the issue(s) raised by Senator Elizabeth Warren may be related to

both the ethical and legal types

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

c. I and II

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 ______.

collective work

Employment practices without business justification applied to all employees that result in a less favorable effect for one group than for another group may state a claim for:

disparate impact

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.

fair use

Select the best definition of whistleblower:

people who report unethical or illegal activities under the control of their employers

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:

piercing the corporate veil