LEG 500 Final Exam Part 1

An exam testing legal reasoning and corporate law.

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LEG 500 FINAL EXAM PART 1Question 1Where do ethical preferences originate?AnswerEthical preferences originate from an individual’s own critical consciousness.Ethical preferences originate from the legislature who makes the laws.Ethicalpreferences originate from the Judges who decide the laws.Ethical preferences originate from the Governor or President.Question 2Kant’s deontological theory posits that moral behavior requires holding to certain principleswithout exception, he outlines this principle by means of developing:Answerrights and responsibility codescategorical imperativesethical normsbill of rightsQuestion 3What 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 4Considering ethical decision making by U.S. businesses, the law is attempting to balance twoimportant values, one is Freedom, and the other is:AnswerindividualismprofitresponsibilityvoracityQuestion 5It 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”?AnswerGeneric social issuesValue chain social issuesDirect effect social issuesSocial dimensions of competitive contextQuestion 6The Constitution does not always protect free-speech rights for what public employees say on thejob. Which of the following is true?AnswerWhen a citizen enters government service, the citizen need not accept certain limitations on hisor her freedom.Public employees may speak out on matters of public concern and have First Amendmentprotection 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 acceptablechilling of the speech of all potential whistleblowers.None of the aboveQuestion 7What case following Pickering made it more difficult for public employees to successfully arguethat their free speech rights have been violated?AnswerMcAuliffe v. Mayor of New BedfordGarcetti v. CeballosConnick v. MyersRoe v. WadeQuestion 8What is the BEST definition of “flexicurity” which has been used by European nations to investin human capital?AnswerPaying 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 toadapt to labor market restructuring.Question 9

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To determine whether a public employee receives First Amendment protection from speech (andtherefore cannot be fired for it), the Supreme Court has stated that all of the following areimportant except:AnswerThe employer must have a justification for treating the employee differently than it would treat amember 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 10The Sarbanes Oxley Act was passed in response to:I. concerns that investors received full and complete information about potential corporate fraudII. a lack of investor confidenceIII. corporate scandals like EnronIV. discrimination against an employee when providing information she reasonably believesconstitutes a violation of federal security lawsAnswerI onlyII onlyI and III, II, III, IVQuestion 11As Facebook and other social media sites grow in users and popularityAnswerThere 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 12The right of the people to be secure in their persons, houses, papers, and effects, againstunreasonable searches and seizures, shall not be violated is the _________ Amendment of theU.S. Constitution?AnswerFirstFifthFourth

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FourteenthQuestion 13Alan Westin views that limited communication is particularly vital in which communities due toheightened stimulation and continuous physical and psychological confrontations betweenstrangers?Answersmall town lifesuburban lifesouthern lifeurban lifeQuestion 14According 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:AnswerTotal 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 15What are the two (2) main factors the courts consider when reviewing an employer’s intrusion ofemployee rights using electronic surveillance?AnswerObnoxiousness of means and reason for intrusion.Obnoxiousness of means and type ofintrusion.Violation of tenth amendment and frequency of intrusive conduct.Obnoxiousness of supervisors and whether valid evidence is present.Question 16All are examples that despite civil rights laws, the remnants of past discriminatory practicessurvive, EXCEPT:AnswerReduction 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 genderin the national workforce.Question 17
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