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This Tutorial contains 2 Set of Midterm Exam LEG 500 Midterm Exam Set 1 1) Corporate director or officer decisions to dedicate corporate funds for social causes is called: 2) The Ethic of Care is 3) 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 4) All of the following are considered exceptions to the general rule that there is no duty to rescue except: 5) Select the best definition of ethics: 6) 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. 7)Assuming a business ethical dilemma, which statement best illustrates Gilligan approach suggested in her theory of “The Ethics of Care”? 8)The Constitution does not always protect free-speech rights for what public employees say on the job. Which of the following is true? 9) 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 10) 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 11) 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: 12) In the essay, Work Matters, by law professor Marion Crain, all of the following are the result of working except: 13) Select the best definition of whistleblower: 14) The United States Constitution, Fourth Amendment provides "[t]he right of the people to be secure in their persons, houses, papers, and effects,


against unreasonable searches and seizures, shall not be violated... " Privacy rights are triggered under the Fourth Amendment: 15) 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 16)Title I of the Americans with Disabilities Act of 1990 (ADA) explicitly limits the ability of employers to use “medical examinations and inquiries” as a condition of employment and provides for all of the following EXCEPT: 17) 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: 18) The most recent major privacy law passed by Congress was the 19) One reason employers use to justify giving honesty or integrity tests is: 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? 21) To establish a prima facie case of religious discrimination, the employee has to show all of the following except which one: 22)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 23) Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. Which of the following federal government agencies is charged with enforcing this statute? 24) 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? 25) Equal protection is the constitutional guarantee: 1) The


best example of a source for virtue ethics for a business is 2) Assuming a business ethical dilemma, which statement best illustrates Gilligan approach suggested in her theory of “The Ethics of Care”? 3) Which of the following views on outsourcing would be consistent with the free market ethics approach advocated by Milton Friedman? 4) 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. 5) Corporate director or officer decisions to dedicate corporate funds for social causes is called: 6) Select the best definition of ethics: 7) 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? 8) 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 9) The Constitution does not always protect free-speech rights for what public employees say on the job. Which of the following is true? 10) 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 11) There are several reasons why whistleblowing may not be protected on an international level. These include: 12) 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 13) Select the best definition of whistleblower: 14) As Facebook and other social media sites grow in users and popularity 15) The United States Constitution, Fourth Amendment provides "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated... " Privacy rights are triggered under the Fourth Amendment: 16) The most recent major privacy law passed by Congress was the 17) One reason employers use to justify giving honesty or integrity tests is: 18) 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? 19) 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 20) To establish a prima facie case of religious discrimination, the employee has to show all of the following except which one: 21) 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? . 22) Equal protection is the constitutional guarantee: . 23) 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: 24) 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? 25) 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 LEG 500 Midterm Exam Set 2 1) 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 2) Corporate director or officer decisions to dedicate corporate funds for social causes is called: 3) The best example of a source for virtue ethics for a business is 4) 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. 5) Select the best definition of ethics: 6) 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? 7) All of the following are considered exceptions to the general rule that there is no duty to rescue except: 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-goodfaith 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: 10) Select the best definition of whistleblower: 11 )There are several reasons why whistleblowing may not be protected on an international level. These include:. 12)The Constitution does not always protect free-speech rights for what public employees say on the job. Which of the following is true? 13)In the essay, Work Matters, by law professor Marion Crain, all of the following are the result of working except: 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: 15) 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 16) The most recent major privacy law passed by Congress was the 17) As Facebook and other social media sites grow in users and popularity 18) 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? 19) One reason employers use to justify giving honesty or integrity tests is: 20) To establish a prima facie case of religious discrimination, the employee has to show all of the following except which one: 21) Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. Which of the following federal government agencies is charged with enforcing this statute? 22) 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). 23) Equal protection is the constitutional guarantee: 24) 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: 25) 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? LEG500015VA016-1138001 (Law,Ethics& Corp. Governance) . 1) 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 2)Corporate director or officer decisions to dedicate corporate funds for social causes is called: 3) The best example of a source for virtue ethics for a business is 4) 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. 5)Select the best definition of ethics: 6)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? 7)All of the following are considered exceptions to the general rule that there is no duty to rescue except: 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 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: 10)Select the best definition of whistleblower: 11)There are several reasons why whistleblowing may not be protected on an


international level. These include: 12) The Constitution does not always protect free-speech rights for what public employees say on the job. Which of the following is true? 13) In the essay, Work Matters, by law professor Marion Crain, all of the following are the result of working except: 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: 15) 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 16)The most recent major privacy law passed by Congress was the 17)As Facebook and other social media sites grow in users and popularity 18)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? 19)One reason employers use to justify giving honesty or integrity tests is: 20)To establish a prima facie case of religious discrimination, the employee has to show all of the following except which one: 21)Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. Which of the following federal government agencies is charged with enforcing this statute? 22)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). 23)Equal protection is the constitutional guarantee: 24)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: 25)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? Leg 500 week 11 final exam part 2 1) According to law professor Thomas Joo, the best group of persons for addressing the environmental concerns facing the world today is: 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 3) Under the ___________ plan, the EPA auctions a set number of sulfur dioxide emission allowances annually, with each allowance permitting one ton of emissions. 4) The power of the U.S. Government to take property from a private individual and use it for public purposes is: 5) Shareholder activism includes which of the following? 6) Which piece of legislation was passed first? 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. 8) Obesity in children has continued to rise since 1976 and approximately _____ of all teens and youth are overweight. 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. 10) The “creative revolution” in advertising refers to 11) Of product promotion techniques, which is the most influential according to author Naomi Klein? 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 prescriberidentifiable data for certain commercial purposes. 13) The most notable exception to


caveat emptor was for 14 )According to Stephen Sugarman, performance-based regulation is: 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. 16) The Ford Pinto exploded when rear-ended by another vehicle. Of the types of defects a product may have, the Pinto suffered from 17) The term caveat emptor means: 18) To win a case in negligence, a plaintiff must prove all but 19) The Food and Drug Administration, the Consumer Product Safety Commission and the National Highway Transportation Safety Association are 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. 21) The difference between the Project Gutenberg (PG) and the Google book scanning project is: 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 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 24) Debora Halbert asserts in her essay that: 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 ______.erview with Kevin Bales, is:


Leg 500 midterm exam (2 sets)