Which statement best illustrates a debatable argumentative thesis

LEG 500 Final Exam Part 1 and 2

LEG500 Final Exam Part 1 and 2, LEG 500 Week 11 Final Exam Part 1 and 2

Question 1

1.

Under the ___________ plan, the EPA auctions a set number of sulfur dioxide emission allowances annually, with each allowance permitting one ton of emissions.

Answer

allocation of resources

tradeable permit

green capitalism

shareholder activism

Question 2

1.

Which of the following are permissible uses of power of eminent domain.

Answer

The government taking private property to transfer to a private company for development of a strip mall.

The government taking private property to build a highway.

The government taking private property to expand an airport.

All of the above

Question 3

1.

Eminent Domain is a practice governed under the _____ Amendment to the constitution.

Answer

10th

5th

22nd

1st

Question 4

1.

According to law professor Thomas Joo, the best group of persons for addressing the environmental concerns facing the world today is:

Answer

Shareholders

Directors and Officers

Environmentalists

The Government

Question 5

1.

Eminent domain permits the “taking” of private property by the government under the following circumstances.

Answer

When there is valid “public use” for the property and the government pays the property owner “just compensation”.

When there is either a valid “public use” or “private use” for the property.

When there is a valid “public use” for the property and the government pays fair market value for the property.

Only in circumstances where there government has paid fair market value for a piece of property.

Question 6

1.

Which of the following are examples of significant environmental regulation passed by the Federal Government.

Answer

The Clean Air Act

The Resource and Recovery Act

The National Environmental Property Act

All of the above

None of the above

Question 7

1.

To succeed under the The Lanham Act, a plaintiff must prove which of the following

Answer

That the defendant made a factual misrepresentation about a product or service.

That the defendant “puffed” up various representations about a product or service.

That the defendant made a factual representation about a product or service.

All of the above.

Question 8

1.

The original intent of brand expansion is to

Answer

Sponsor culture and be culture.

Nudge the hosting culture into the background and make the brand the star.

Work within the existing culture to create a stronger brand awareness.

All of the above.

None of the above.

Question 9

1.

________________ is the advertising industries established self-regulation organization.

Answer

The National Advertising Board of Governors.

The National Advertising Division of the Council of the Better Business Bureau.

The National Advertising Division of the Council on Advertising.

The National Advertising Division of the Council on Truth in Advertising.

Question 10

1.

The “dependence effect” is based on which proposition.

Answer

The urgency of wants diminishes appreciably as more are met.

The urgency of wants does not diminish appreciably as more are met.

The urgency of wants is a fixed idea in an individual’s own subconscious.

The urgency of wants focuses on what one consumer can get from another.

Question 11

1.

Of product promotion techniques, which is the most influential according to author Naomi Klein?

Answer

Advertising

Marketing

Branding

Word-of –mouth promotion

Question 12

1.

The FTC has tried to make consumer privacy a priority, by brining ______ spyware enforcement actions between 2005 and 2007.

Answer

10

25

11

18

Question 13

1.

The main purpose of the American Tort Reform Association is to.

Answer

Make tort litigation fairer for companies.

Make tort litigation less confusing

Restore balance to the civil justice system.

Both A and C

Both B and C

Question 14

1.

The most notable exception to caveat emptor was for

Answer

Food

Automobiles

Clothing

Shoes

Question 15

1.

Punitive damages are:

Answer

Damages that are intended to compensate the injured parties for their injures.

Damages that are intended to reimburse the injured party for medical expenses.

Damages that are intended to reimburse the injured party for time lost from work.

Damages that are intended to punish the defendant.

Question 16

1.

The Ford Pinto exploded when rear-ended by another vehicle. Of the types of defects a product may have, the Pinto suffered from

Answer

Design Defect

Manufacturing Defect

Warning Defect

End-user Defect

Question 17

1.

Product liability lawsuits focus on

Answer

A person acting in an unreasonable manner

A product operating in an unsafe or defective manner.

Both a person and a product not operating in a reasonable or effective manner.

None of the above

Question 18

1.

The UCC controls contracts that:

Answer

Deal with the sale of Goods.

Contracts over $500 in value.

Contracts between Merchants.

All of the above.

Question 19

1.

The fundamental legislation aimed at protecting copyrights is

Answer

The Sony Bono Copyright Term Extension Act

The Digital Millenium Copyright Act

The Copyright Act of 1831

The American Society for Composers and Publishers Act

Question 20

1.

The “inducement rule” is vital to understanding if infringement has occurred in what type of intellectual property?

Answer

Patent

Tradesecret

Trademark

Copyright

Question 21

1.

The difference between the Project Gutenberg (PG) and the Google book scanning project is:

Answer

The PG limits itself to the “classics”

The PG limits itself to only works in the public domain

Google only digitizes full documents but the PG digitizes key segments

The PG limits itself to “orphan” works – those with hard-to-find authors or owners.

Question 22

1.

Napster is an example of what type of intellectual property theft?

Answer

Patent

Copyright

Trademark

Tradesecret

Question 23

1.

Misappropriation of trade secrets has been a federal crime since

Answer

The passage of the Constitution

The passage of the Digital Millennium Copyright Act

The Economic Espionage Act of 1996

The Patient Protection and Affordable Care Act

Question 24

1.

Which of the following are factors used to determine if a use is fair?

Answer

Purpose of the Use

Nature of the Work

Amout Used

Potential Market Impact

All of the Above

Question 25

1.

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.

Answer

collective rights

misappropriation

unlimited use

fair use

Question 1

1.

Which of the following would best describe the difference between the law and ethics?

Answer

Ethics provides for a set of rules for behavior and Law is unwritten forms of rules.

Laws are rules that may be broken, Ethics are punishments.

Laws are “what a person must do,” and ethics addresses “what a person should do.”

Ethics are always connected to laws.

Question 2

1.

The philosophy of noted economist, Milton Friedman, on the issue of “free market ethics” was:

Answer

Decisions regarding such social problems should be addressed by governments in the political arena and funded by tax dollars.

A decision by corporate managers to aid society is, in effect, theft of stockholders’ resources.

It is wrong for managers to use corporate resources to deal with problems in society at large.

All of the above.

Question 3

1.

Assuming a business ethical dilemma, which statement best illustrates Gilligan approach suggested in her theory of “The Ethics of Care”?

Answer

individual rights and justice for all

applies only to women and not men

care and responsibility to others

obedience to independent moral rules or duties

Question 4

1.

Which of the following views on outsourcing would be consistent with the free market ethics approach advocated by Milton Friedman?

Answer

Outsourcing is detrimental to the economy because it limits profitability.

Outsourcing decreases efficiency and productivity.

Outsourcing enhances competitiveness, modernization, and bigger market opportunities.

Automating processes and replacing workers is unethical since it does not serve a greater good.

Question 5

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

Answer

I and II

I, II, and III

I only

III only

for whistleblowing?

Answer

It is an exception to employment-at-will doctrine.

It is developed simultaneously in different states.

All states recognize this tort and define it consistently.

States do not look to the courts for guidance.

Question 7

1.

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 8

1.

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

1.

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

Answer

I only

II only

I and II

I, II, III, IV

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

1.

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 12

1.

There are several types of company surveillance employees are legally subjected to, EXCEPT:

Answer

Videotaping

GPS Satellite & Tracking of cars & cell phones

Wiretapping of private cell phones

Monitoring IM chat

Question 13

1.

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

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:

Answer

a prohibition against using pre-employment medical tests.

a prohibition against the use of a medical examination after a job offer has been made if the results are kept confidential.

a prohibition against the use of medical tests that lack job-relatedness and business necessity.

a prohibition against the use of tests that screen out (or tend to screen out) people with disabilities.

Question 15

1.

What does Lewis Maltby submit is the correlation between drug testing and workplace safety?

Answer

There is a low correlation, so impairment tests are better alternatives.

There is no correlation.

Studies suggest there may be very high correlations, so most jobs currently have and do need them.

There is a high correlation in all jobs.

Question 16

1.

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:

Answer

disparate treatment

disparate impact

inclusion

reasonable accommodation

Question 17

1.

To establish a prima facie case of religious discrimination, the employee has to show all of the following except which one:

Answer

That religion has been a significant part of the employee’s life for a significant amount of time.

That the employee has a sincerely held religious belief.

That the employer was on notice that the religious belief was in conflict with the employer’s request.

That there was a negative employment action based on a conflict between the religious belief and the employment requirement.

Question 18

1.

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

1.

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 20

1.

Equal protection is the constitutional guarantee:

Answer

that empowers Congress to regulate equally distributed commerce with foreign Nations, and among the several States, and with the Indian Tribes.

that laws made in pursuance of the Constitution and all treaties made under the authority of the United States shall be the equally protected as the “supreme law of the land.”

embodied in the Fourteenth Amendment to the U.S. Constitution.

that grants and distributes power and responsibilities to national and state governments.

Question 21

1.

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

1.

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