LEG 500 FINAL EXAM PART 1 - 89125

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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
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