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LEG 500 Final Exam Part 1

An exam testing legal reasoning and corporate law.

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    LEG 500 FINAL EXAM 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 C ommission? 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

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    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 c itizen 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 the ir 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 retraini ng and transitional assistance to allow workers to adapt to labor market restructuring. Question 9

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    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 int ernal 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 popular ity 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

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    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 conseque nces 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

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