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Home » Business Law » Page 1543

Business Law

Q: Which of the following Amendments to the Constitution guarantee the right of trial by jury in both criminal and civil cases? A. The Sixth and Seventh Amendments B. The First and Twelfth Amendments C. The First and Seventh Amendments D. The Second and Fifth Amendments E. The Ninth and Fourteenth Amendments

Q: Which of the following statements is true of trial by jury? A. All states require a jurys decision to be unanimous in civil cases where the amount in controversy exceeds $75,000. B. Juries are only used in criminal cases. C. A jury has to consist of 12 persons. D. Juries are used in a large percentage of all cases. E. The right to trial by a jury is preserved in suits at common law in civil cases when the amount in controversy exceeds $20.

Q: Which of the following statements is one of the criticisms of the jury system in the United States? A. Juries only apply substantive rules of law to decide cases. B. Juries cannot be used in criminal cases. C. Jurors develop voir dire to elicit attitudes and experiences. D. Jurors vote their prejudices. E. Juries cannot be used in civil cases when the amount in controversy is below $2,000.

Q: As a result of the Patient Protection and Affordable Care Act, a greater number of Americans are covered by health insurance.

Q: Which of the following statements is true of the role of judges in U.S. courts? A. They determine the facts from conflicting evidence in a jury trial. B. They present evidence to a jury. C. They give no deference to the facts found by a jury. D. They apply the law to the facts of a case. E. They campaign for reelection.

Q: Which of the following statements is true of trial judges of U.S. courts? A. They cannot apply substantive rules of law to decide a case. B. They are responsible for finding the facts in cases without a jury. C. They are responsible for reviewing petitions for a writ of certiorari. D. Members of the U.S. Supreme Court are known as trial judges. E. They are not allowed to apply constitutional limitations in trials without a jury.

Q: The U.S. Supreme Court substantially limited the Patient Protection and Affordable Care Acts expansion of Medicaid.

Q: The Patient Protection and Affordable Care Act is a defining legislative achievement of President Obamas presidency.

Q: In deciding cases, courts cannot refuse to apply existing case law or declare a statute to be void as unconstitutional.

Q: Activist jurists believe that constitutional issues must be decided within the context of contemporary society and that the meaning of the U.S. Constitution is relative to the times in which it is being interpreted.

Q: President George W. Bush nominated Justice Antonin Scalia as an associate judge of the Supreme Court.

Q: The Patient Protection and Affordable Care Act was passed by the U.S. Congress with the intention of reducing the number of people covered by health insurance.

Q: President Obama nominated Justice Sonia Sotomayor as an associate justice of the Supreme Court, and she took office in 2009.

Q: The philosophy of judicial activism is sometimes referred to as strict constructionism.

Q: Those who believe in judicial restraint believe that social, political, and economic change in society should result from the political process rather than from court action.

Q: Reviewing courts exercising judicial restraint tend to be more result conscious and place less reliance on precedent.

Q: Reviewing courts exercising judicial restraint often engage in a balancing approach to their decisions.

Q: If there is no statute or case law, a court may decide a case and create law in the process.

Q: Describe the effect of the group on ethical corporate behavior.

Q: In the United States, the most significant power of the courts is judicial review, which is the ultimate power to invalidate actions by the president or the Congress.

Q: Judicial restraint jurists view the role of a lawyer and the practice of law as that of social reform.

Q: All members of the judiciary believe in judicial restraint and all are activists to some extent.

Q: Explain the control of resources by nonowners and how it affects ethical corporate behavior.

Q: What is meant by stakeholder theory, and who are the stakeholders of a corporation?

Q: What are the four observations made by the Spanish journal Boletn Crculo about business ethics?

Q: Why should businesses promote openness in communication?

Q: How might corporate managers promote a culture of open communication within a corporation?

Q: Trevor works at Trevsinc, a company that has been buying raw materials from Stigg Corp. for years. Stigg Corp., a private corporation, has been doing very well recently and will soon go public, selling its stock on the open market. As appreciation for his years of loyal service, Stigg Corp. offers Trevor the option of buying stocks at a low fixed price before the initial public offering. However, over the last few months, Trevor has been concerned that the management of Stigg Corp. may not be acting ethically and that the success may be because of the managements risky actions. What ethical issues must Trevor consider?

Q: What questions should one ask himself or herself to explore his or her ethical values before making a personal or business decision?

Q: Is it practical to live by the categorical imperative in a corporate world? What problems could arise by applying this philosophy in a business perspective?

Q: Achieving and maintaining an ethical business corporation is a laudable but difficult task. What are some of the obstacles that a corporation faces, by its very nature, in seeking an ethical culture?

Q: Even with a code of ethics, why is it important for top management in a corporation to set an example for ethical conduct?

Q: How has the role of government changed the ethical environment of businesses?

Q: Of the two main systems of ethics, which do you think is better for a corporate philosophy? Compare the two, giving examples of each and potential problems.

Q: How could a utilitarian argue for the view that the tobacco industry is a positive part of society?

Q: What roles do regulations serve in promoting ethical decisions in the business world? Do you think there should be more or fewer regulations on business?

Q: Is the concept of due care a formalist or consequentialist concept? What are the difficulties in applying this to business actions?

Q: Peter is an 84-year-old with a heart condition. He has no family and has minimal health insurance. He is on a fixed income and barely has enough money to survive. His doctor tells him that he needs to take a particular medicine for three months or his condition will severely worsen. The medicine will cost $450, and only $150 of the cost is covered by insurance. Peter goes to the bank and hands the teller a note saying, Give me $300, or I will detonate a bomb. When Peter is later apprehended, he tells the police that he stole the money to buy needed medicine. Understanding that bank robbery is a crime, is there an ethical theory that can serve to justify Peters actions?

Q: How does the 2008 economic recession illustrate the potential problems of economic interdependence?

Q: How would a formalist and a consequentialist view an employer secretly monitoring an employees e-mail messages?

Q: What potential problems arise from the modern corporate structure and its dependence on separation of the managers from the owners?

Q: Civil rights leaders in their quest to promote civil rights and equality often held peaceful marches and non-violent sit-ins that they understood to be at times illegal. Their justification for their actions was to promote and give focus to inequities with the ultimate aim of reducing discrimination and establishing equal rights for all. Were these leaders acting ethically? Fully explain your answer citing the ethical theory you believe to apply.

Q: In the context of the social contract theory, explain the ethical principles proposed by John Rawls.

Q: Which of the following statements is true about the role and effect of profits on ethical corporate behavior? A. In many modern business corporations, the responsibility for profit making is decentralized. B. Making a profit usually deteriorates the common good. C. Profit earning is the least important goal in the contemporary business environment. D. A decline in the Protestant ethic reduces the emphasis on corporate profit. E. In many situations, focusing on profits hinders managers from engaging in any unethical behavior.

Q: According to the Spanish journal Boletn Crculo, which of the following is true about business ethics? A. Profits and business ethics are usually contradictory. B. Unethical behavior is hardly a business liability. C. Immoral behavior often flows from ignorance. D. Business ethics reflect business leadership. E. Ongoing reevaluations of ethics are insignificant and time-consuming.

Q: Which of the following statements is true of the effect of the group on ethics in a corporate organization? A. Individuals hardly do unethical things when they are part of a group. B. Coupled with an overemphasis on profit, the group effect reduces the difficulty of achieving an ethical business corporation. C. Individuals in groups may feel a diminished sense of responsibility for actions taken, which invites ethical compromise. D. In corporate life, it is difficult to overlook the unethical behavior of a superior when many fellow employees are also overlooking it. E. Individuals feel more responsible for what happens in a group than in their individual lives.

Q: Which of the following belongs to the category of involuntary stakeholders? A. The employees B. The top management C. The shareholders D. The suppliers E. The community

Q: Stakeholder theory suggests that through its managers, an ethical corporation __________. A. considers primarily the concerns of top- and mid-level managers B. restricts stakeholders to communicate with decision makers so as to ensure smooth functioning of business C. acknowledges the potential conflict between managerial self-interest and the ethical responsibility of managers to other stakeholders D. focuses and remains within the responsibilities of corporate governance and not to focus on legal responsibilities of managers to society E. discourages open procedures that aid managers to monitor their own ethical performance

Q: _____ means honesty in intent and honesty in fact. A. Acting in good faith B. Acting in due care C. Acting in conflict of interest D. Acting in confidentiality E. Acting in liberty and rights of individuals

Q: In which of the following situations is there a conflict of interest? A. A judge who occasionally shops in a store that is involved in a case before the same judge B. A real estate agent representing the buyer and seller of a house with permission from the buyer and seller C. An agent of one principal who secretly works for another whose interest competes with that of the first principal D. A bank regulator using a credit union E. A lawyer discussing a case with his or her boss

Q: Which of the following is a national group of senior business leaders that has identified a general list of topics that organizational codes of business ethics should cover? A. The Corporate Deciders B. The Business Roundtable C. The National Business Ethics Survey D. The Board of Review E. The Springfield Armory

Q: Hannah Arendt believed that evil often comes from a kind of _____. A. apathy B. ignorance C. thoughtlessness D. boredom E. anger

Q: Plato wrote that immoral behavior often flows from _____. A. apathy B. ignorance C. thoughtlessness D. boredom E. anger

Q: Stakeholder theory suggests that ethical corporate behavior __________. A. strongly relies on government interaction B. focuses primarily on whether corporate actions take the interests of all employees into account before making significant business decisions C. depends on managers who recognize and take into account the various stakeholders whose interests a corporation affects D. takes unacceptable risks only when the risk has a reasonable likelihood of enriching the stakeholders net worth substantially E. requires interaction specifically between managers and customers to promote profit sharing

Q: The primary goal or end of business leaders is to produce a profit. This orientation reflects _____. A. deontology B. formalism C. consequentialism D. the Protestant ethic E. Darwinism

Q: Which of the following statements is true of consequentialism? A. It focuses primarily on individual rights. B. It views lying as an unethical practice. C. It is found in the way in which managers use cost-benefit analysis to evaluate alternative courses of action. D. It is primarily a duty-based view of ethics. E. It asserts that individuals have rights, and that these rights should not be infringed, even at the expense of society as a whole, because they have an intrinsic moral value to them.

Q: The Protestant ethic was rooted in a(n) _____. A. utilitarian approach B. consequentialist approach C. relativist approach D. formalist approach E. epistemological approach

Q: According to sociologist Robert Jackalls view of the modern bureaucratic managerial system, how has the Protestant ethic changed over time? A. The Protestant ethic has become the only viable ethical system for American corporations. B. The profiteering of the Protestant ethic became a justification for economic excess. C. The religious consequentialism of the Protestant ethic became the dominant system of formalistic morality. D. The Protestant ethic collapsed as a viable ethical system. E. The religious formalism of the Protestant ethic has become a type of utilitarian consequentialism.

Q: Opponents of the Civil Rights Act of 1964 inserted the prohibition against _____ in employment in hopes of preventing its passage, thinking that such discrimination was acceptable and that many others agreed with them. A. age discrimination B. religious discrimination C. sex discrimination D. race discrimination E. ethnic discrimination

Q: Which of the following acts prohibits employment discrimination based on race, sex, color, religion, and national origin? A. The Civil Rights Act of 1964 B. The Sarbanes-Oxley Act of 2002 C. The GlassSteagall Act D. The Foreign Corrupt Practices Act E. The Commodity Futures Modernization Act of 2000

Q: According to the Ethical Norms and Values for Marketers from the American Marketing Association, which of the following ethical values states that a marketer should accept the consequences of the marketing decisions and strategies taken by him or her? A. Honesty B. Responsibility C. Fairness D. Openness E. Respect

Q: According to the Ethical Norms and Values for Marketers from the American Marketing Association, which of the following ethical values requires marketers to try to balance justly the needs of a buyer with the interests of a seller? A. Honesty B. Responsibility C. Fairness D. Openness E. Respect

Q: Which of the following ethical principles focuses on the common good rather than on individual rights? A. Formalism B. Hedonism C. Utilitarianism D. Narcissism E. Libertinism

Q: The dominant form of consequentialism is _____. A. utilitarianism B. hedonism C. libertinism D. narcissism E. Marxism

Q: The values-based management approach to business ethics illustrates consequentialism through its emphasis on __________. A. teaching ethical values that enhance the profitability of a company specifically to the top management and supervisory personnel B. teaching ethical values that enhance the profitability of a company to all employees C. teaching ethical values to management and supervisory personnel with the aim of avoiding ethical issues, whether profitability is affected or not D. teaching ethical values to all employees with the aim of avoiding ethical issues, whether profitability is affected or not E. teaching ethical values to employees to punish them for unethical conduct

Q: For utilitarians, the __________. A. individual rights of a person are integral to analyzing the morality of actions B. common good is of the least importance C. formalist approach is the basis of every moral action D. ethical focus is on the self-worth of an individual E. end justifies the means

Q: _____ derives from societys expectations about how fair and reasonable actions are. A. Good faith B. Due care C. Utilitarianism D. Conflict of interest E. Liberty

Q: Which of the following statements is true of the Protestant ethic? A. It was a massive threat to capitalism. B. It was rooted in a consequentialist approach. C. It has become a type of utilitarian consequentialism. D. It has remained unaffected by rising wealth and increasing mass consumption. E. It has become an organizational ethics that discourages the modern bureaucratic managerial system.

Q: Which of the following occurs when one attempts to serve two masters? A. A conflict of interest B. A veil of ignorance C. A writ of certiorari D. Ratio decidendi E. Voir dire

Q: For a consequentialist, the __________. A. act of lying itself is unethical B. end results of lying are of little important C. harm done by lying is unethical D. harm done by lying makes it unethical E. act of lying is justified if it is concealed well

Q: Which of the following is a similarity between ethical and legal systems? A. Both systems are institutions of the state. B. In both systems, the motivation to observe moral values comes from within an individual. C. Both systems are based on utilitarian views. D. Both systems consist of rules to guide conduct and foster social cooperation. E. In both systems, ethical behavior is based on just meeting minimum legal requirements.

Q: Which of the following statements is true of the role of economic interdependence on business ethics and society? A. It reduces concerns about business ethics. B. It sometimes gives opportunities to executives who control what stockholders own to manipulate corporate actions for their own benefit. C. It reduces any transparency problems in an organization as corporate leaders are usually the real owners of corporations. D. It predominantly results in utilitarianism. E. It ensures that the decision taken by stockholders have little effect on others.

Q: In the context of ethical issues, modern economic theory reflects __________. A. formalism B. the categorical imperative C. the monopolistic approach D. consequentialism E. utilitarianism

Q: Which of the following statements is true of ethical systems? A. They are institutions of the state. B. They believe that the motivation to observe moral values usually comes from within an individual. C. They set a bare minimum standard acceptable to a society, and violations of the standards are punishable under the legal system. D. They are based on just meeting minimum legal requirements. E. They hold that every ethical value is enforced by the state.

Q: Which of the following is a difference between ethical and legal systems? A. The moral values are observed from within the legal system, whereas the moral values are observed in the form of state transaction in an ethical system. B. An ethical system consists of rules to guide conduct, whereas the legal system consists only of rules to foster social cooperation. C. An ethical system primarily deals with what is wrong, whereas the legal system primarily deals with what is right. D. The legal system involves a broader-based commitment to proper behavior than an ethical system. E. The legal system is an institution of state, whereas an ethical system is not an institution of state.

Q: Which of the following statements is true of the legal system? A. The state enforces legal rules through civil and criminal sanctions. B. The motivation to observe moral values in a legal system comes from within an individual. C. It sets moral standards but does not legally prosecute in instances of breach. D. It involves a broader-based commitment to proper behavior than does the ethical system. E. It sets the highest ethical standards acceptable to a society.

Q: Which of the following refers to the collection of values that guides human behavior? A. Divinity B. Morality C. Utility D. Integrity E. Legality

Q: Which of the following statements is true of the sharing of moral values? A. It usually fails to set limits on unethical behavior. B. It is a significant means of social control. C. It creates an atmosphere of mistrust and suspicion among people. D. It disrupts social harmony. E. It stifles social cooperation as many people fail to accept others.

Q: The end result of ethical examination is what philosophers call _____. A. the good B. the categorical imperative C. a veil of ignorance D. the Protestant Ethic E. due diligence

Q: According to Rawls, which of the following serves as the first step in determining the ethical values on which a just society can be built? A. To assume that one is not aware of ones own age, gender, race, intelligence, strength, wealth, or social status B. To weigh the effects of ones decisions on the society and oneself and thereby choose the path that brings in maximum benefit C. To be completely self-aware of ones ambitions and goals D. To test the morality of actions done by others in a society E. To use formalism to formulate acceptable codes of conduct

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