Business Law and Ethics
In the case of Ehling v. Monmouth-Ocean Hospital, who initially accessed the plaintiff's social media post?
A co-worker of plaintiff
To whom can a U.S. company not pay a bribe, under the FCPA?
A foreign official
Europe recognizes which of the following, as discussed in our reading?
A right to be forgotten
Which of the following is NOT a type of native advertising? Advertising that originates in a foreign country. News format. Misleading door openers. Deceptive endorsements.
Advertising that originates in a foreign country.
GINA prohibits which of the following? Asking for genetic information of an employee. Asking for genetic information of an employee's family. To discriminate against an employee because of genetic information. All of the above
All of the above
In evaluating BP's conduct in the Gulf of Mexico, an ethic of care would likely consider which of the following? The relationship between BP and its consumers. The relationship between the residents of local communities and their environment. The relationship between BP and its suppliers. All of the above.
All of the above
Under the concept of a "marketplace of ideas," what type of speech is not protected? Speech that is defamatory Speech that is obscene. Speech that is likely to incite violence. All of the above.
All of the above
Which of the following does the Workers' Rights Consortium Code of Conduct address? Compensation Child labor Harassment All of the above
All of the above
Which of the following is an important attribute of privacy? It provides an emotional release. It provides time and space for self-evaluation. It permits limited and protected communications. All of the above.
All of the above
Which of the following is one of the "bundle of sticks" that make constitute property rights? The right to possess. The right to use. The right to exclude. All of the above.
All of the above
Which of the following is one of the ethics we discussed in class? Utilitarianism Deontology Virtue Ethics All of the above
All of the above
What did the plaintiff in the Lucas v. South Carolina Coastal Council case want to do with the property at issue?
Building residential housing
Which of the following organizations is focused on advertising to children? NAD CARU AAAA NARB
CARU
Which state began the trend toward strict liability?
California
What was the rule that traditionally governed a customer's rights with respect to the safety of a purchased product?
Caveat Emptor
What environmental issue is motivating the plaintiffs in the Kelsey Cascade Rose Juliana case?
Climate Change
What is the type of product at issue in Saray Perez v. Wyeth Laboratories Inc?
Contraceptive
Pharmaceutical companies are not allowed to advertise directly to consumers.
False
Which of the following is not a federal statute relating to environmental regulation? The CAA The CWA The RCRA TILA
TILA
Professor Allen has written about which of the following? The ethics of violating others' privacy. The ethics of violating one's own privacy. The ethics of surveilling employees.
The ethics of violating one's own privacy.
Which part of the Constitution directly affects privacy interests?
The fourth amendment
What is John Locke's philosophical argument in favor of property rights?
The labor theory.
Does a defendant have to behave unreasonably to incur liability pursuant to a negligence cause of action?
Yes
Given the high value of privacy (to most people), do employers ever have good reasons to violate employee privacy?
Yes
Traditionally, were public employees subject to the employment-at-will doctrine?
Yes
What is the de minimis amount of bribe permitted, under the FCPA?
$0
What percentage of responsibility must an employer bear for an employee to recover under a workers' compensation scheme with respect to a workplace injury?
0%
How many people perished in the Rana Plaza Collapse?
1100
In what year was the Fair Labor Standards Act passed?
1938
In what year was the Occupational Safety and Health Act passed?
1970
How many states have adopted some statutory protections for whistleblowers?
50
Which of the following is part of a well-designed compliance policy directed at whistleblowing? A policy overseen by a high-level officer or credible committee. A policy that involves easily accessible reporting avenues. A policy that ongoing communication with the whistleblower. All of the above.
All of the above
Which of the following is within the power and authority of OSHA? To investigate workplace safety. To promulgate regulations on workplace safety. To issue fines. All of the above.
All of the above
Which of the following protects whistleblowers? Dodd-Frank The SOX Act The FSMA All of the above
All of the above
Why is child-directed marketing of junk food an issue in America? Children are vulnerable. Childhood obesity is on the rise. Children have high exposure to commercial media. All of the above.
All of the above
How often do FCPA actions go to trial?
Almost never
In evaluating BP's conduct in the Gulf of Mexico, free market ethic would likely consider which of the following? BP's profits. The effect of an oil spill on local communities. The cose of an explosion to the environment. The potenial loss of life.
BP's profit
Under the balancing (or Restatement) view, how is it determined whether an act is "unreasonable"?
Balancing the harm caused against the benefit created.
What is the name of the program at issue in the case of Lane v. Facebook?
Beacon
What does the "B" in "B Corp." stand for?
Benefit
Which of the following are included in the FCPA? Anti-bribery provisions. Books and Records and Internal Control provisions. Both of the above.
Both of the above
Which of the following are potential consequences of violating the FCPA? Civil sanctions. Criminal sanctions. Both of the above.
Both of the above
Which of the following is NOT a consideration of the Learned Intermediary Doctrine? Doctor-patient relationship. Doctor's position to convey meaningful information to patients. Inability of manufacturer to communicate with patient. Cost of manufacturer providing information about product.
Cost of manufacturer providing information about product
According to the Schor article, which of the following is NOT a strategy used by marketers to target children and teens? Coupons. Peer-to-peer. Product placement. Event sponsorships.
Coupons
As set forth in the case of Garcetti v. Ceballos, what is the second question to ask in determining whether a public employee's speech is protected?
Determine whether the employer has adequate justification for treating the employee differently from members of the general public.
As set forth in the case of Garcetti v. Ceballos, what is the first question to ask in determining whether a public employee's speech is protected?
Determine whether the speech related to a matter of public concern.
What was the job of the plaintiff in the case of Garcetti v. Ceballos?
District Attorney
What kind of data does the Federal Stored Communications Act protect?
Electronic communications
Which agency oversees regulation of food products? FDA NMFS EPA All of the above
FDA
What statute is at issue in the Pollinator Stewardship Council case?
FIFRA
What social media platform was at issue in the case of Ehling v. Monmouth-Ocean Hospital?
Commercial speech is NOT protected under the First Amendment.
False
What doctrine, largely adopted by the states through the UCC, has had a significant effect on product liability law?
Implied Warranty of Fitness for Ordinary Purpose
Are employees generally inclined to report internally or externally?
Internally
What was the name of the judge in the case of SEC v. Bank of America Corp.?
Judge Rackoff
What kind of environmental regulation is likely to result from a labor theory of property?
Light regulation
What is the name of the drug at issue in the case of Pierce v. Ortho Pharmaceutical Corp.?
Loperamide
What type of product is at issue in the Hornell case?
Malt liquor
Which of the following will this class not focus on? Ethics Legal obligations Morality
Morality
Can OSHA regulate how a foreign supplier of a domestic retailer behaves, with respect to employee safety?
No
Did Ortho Pharmaceutical Corp.'s constructive termination of Dr. Pierce constitute a violation of the employment-at-will doctrine?
No
Do actions have to violate a statute or regulation in order to constitute a nuisance?
No
Does Pope Francis adopt a Lockean view of property, in his Universal Declaration?
No
Does a defendant have to behave unreasonably to incur liability pursuant to a strict liability cause of action?
No
Does compliance with governmental regulations ensure that a product manufacturer will not be liable for negligence?
No
Does the court in Sullivan v. Harnisch adopt an exception to the at-will doctrine that protects the plaintiff therein?
No
Is privacy protected solely by statute?
No
Under the common law, are at-will employees who engage in whistleblowing protected from retaliation?
No
At common law, an at-will employee generally cannot be terminated for which of the following? Dressing poorly. Being rude to co-employees. Lying on her resume. None of the above.
None of the above
The U.S. Constitution would prohibit which of the following employers from surveilling employee cell phone usage? Walmart Facebook Ford Motor Company None of the above
None of the above
What type of product is at issue in the POM case?
Pomegranate juice.
In evaluating BP's conduct in the Gulf of Mexico, deontological ethics would clearly preclude which of the following? Providing misleading information after the spill. Exploring for oil in the Gulf of Mexico Exploring for oil anywhere. Operating in a corporate format.
Providing misleading information after the spill
In which of the following cases was cell phone surveillance found impermissible? City of Ontario v. Quon Riley v. California
Riley v. California
Which of the following is not one of the governmental agencies charged with regulating product safety? FDA CPSC SEC NHTSA
SEC
Which of the following is a well-established way to think about the goal of property law? The property is meant to address prior social wrongs. That property is meant to encourage people to improve property and to reward them for doing so. That property protects the self-actualization of the individual self. None of the above.
That property is meant to encourage people to improve property and to reward them for doing so.
Which agency is primarily responsible for administering federal environmental laws? The SEC The FBI The EPA The FAA
The EPA
What is the enforcement ability of the NARB?
The NARB does not have enforcement ability and can only refer disputes to the FTC.
What is the most recent international treaty regarding climate change?
The Paris Global Climate Agreement
Which of the following best describes the court's conclusion in FTC v. Wellness Support Network? The FDCA precluded any claim by the FTC. The defendant made claims that were misleading and material. The Lanham act was the applicable statute. The defendant did not make any claims that left a "net impression" on consumers.
The defendant made claims that were misleading and material.
Which is not an element of the Central Hudson test for government regulation of speech? The regulation is concerning speech directed at minors. The asserted governmental interest is substantial. The regulation directly advances the government interest asserted. The regulation is narrowly tailored to advance the governmental interest.
The regulation is concerning speech directed at minors.
Which of the following "bundle of sticks" does environmental regulation most interfere with? The right to possess. The right to use. The right to exclude. The right to abandon.
The right to use
Was the policy at issue in the case of State of New York v. Walmart Stores, Inc., ethical?
There is no way to answer this with certainty.
What kind of activity will a nuisance cause of action stop?
Unreasonable activity
What is the statute at issue in the case of Lane v. Facebook?
VPPA
Who was the employer in the case of State of New York v. Walmart Stores, Inc.?
Walmart
Under a utilitarian ethic, what is the primary goal of a business?
To maximize happiness in all communities
Under a free market ethic, what is the primary goal of a business?
To maximize profits
For what reason can a U.S. company not pay a bribe, under the FCPA?
To obtain or retain business
Which of the following describes the theory of consumer demand? Everyone likes pizza. Want does not diminish as wants are satisfied. If you build it, they will come. You only want what you really need.
Want does not diminish as wants are satisfied.
Who described property as "that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe"?
William Blackstone
Which best describes the conclusion of the majority in the Saray case? Wyeth Laboratories had a duty to warn consumers of potential side effects. The Learned Intermediary rule absolves defendant from warning consumers. Plaintiffs have a cause of action for fraud. Norplant should be recalled.
Wyeth Laboratories had a duty to warn consumers of potential side effects.
Can states modify the employment-at-will doctrine by prohibiting retaliation against whistleblowers?
Yes
Can statutes prohibit whistleblowing?
Yes
Can the federal government modify the employment-at-will doctrine by prohibiting retaliation against whistleblowers?
Yes
Do foreign workers benefit, to any extent, from being subject to looser workplace standards and regulations than their U.S. counterparts?
Yes
