Law Midterm

Business Law Mid-Term (Chapters 1-4)Multiple ChoiceIdentify the letter of the choice that best completes the statement or answers the question. ____

1. 1. Select the best definition of ethics:a.

c.

the right of all persons to have thesame access to the law and courts.

b.

____

a fundamental principle offairness in all legal matters.a set of principles of rightconduct.

d.

group of rights and procedures toprovide fairness, unhampered bythe narrow strictures of the oldcommon law or other technicalrequirements of the law.

2. Choose the statement regarding duty to rescue that is false: a.

Under a liberal–communitarianapproach, citizens owe a duty tothe state to rescue other citizensbased on reciprocal rights andduties.

b.

____

There is no general duty to rescue c.an individual.

One basis for not imposingindividual rescue liability is: Anindividual should have a right offreedom of action, privacy andpersonal autonomy not tointervene and perform rescue.

Bigan was legally responsiblethrough his acts and deeds, forplacing Yania in the perilousposition and owed him a duty ofrescue.

d.

3. Which of the following views on outsourcing would be consistent with the free market ethics

approach advocated by Milton Friedman?a.

Outsourcing is detrimental to theeconomy because it limitsprofitability.

c.

Outsourcing enhancescompetitiveness, modernization,and bigger market opportunities.

b.

Outsourcing decreases efficiencyand productivity.

d.

Automating processes andreplacing workers is unethicalsince it does not serve a greatergood.

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Name: ____________________________

ID: A

4. Assuming a business ethical dilemma, which statement best illustrates Gilligan approach suggested

in her theory of “The Ethics of Care”?a.

care and responsibility to others

b.

____

individual rights and justice for all c.applies only to women and notmen

d.

obedience to independent moralrules or duties

c.

a narrow exception under thegeneral rule of at-will employment

5. Select the best definition of whistleblower:a.

b.

____

the sole goal of modern ethicstraining

originated from the Latin “qui tam d.pro domino rege quam pro sicipso in hoc parte sequitur”meaning “who as well for the kingas for himself sues in this matter.”

people who report unethical orillegal activities under the controlof their employers

6. 1. Under the legal doctrine of “employment at will” an employee can be lawfully terminated from

her job for:I. wearing a shirt that clashes with her suitII. any non-discriminatory reasonIII. complaining about illegal activity in the workplaceIV. only for good causea.

c.

I and II

b.____

I onlyII only

d.

III and IV

7. 1.

The 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 beginning with EnronIV. discrimination against an employee when providing information she reasonably believes constitutes a violation of federal security laws

a.

I only

c.

I and II

b.

II only

d.

I, II, III, IV

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Name: ____________________________

ID: A

8. The Constitution does not always protect free-speech rights for what public employees say on the

job. Which of the following is true?a.

Citizens cause an acceptablechilling of the speech of allpotential whistleblowers.

b.

____

When a citizen enters government c.service, the citizen by necessitymust not accept certain limitationson his or her freedom.Citizens speak out on matters ofpublic concern but not when theyspeak out in the course of theirofficial duties.

None of the above

d.

9. In considering the legality of employer interception of employee e-mails at work, pick the correct

statement.I. Employees have complete expectation of privacy since they can select their password for inhouse and remote access of e-mails.II. A subpoena is required by the employer to read any e-mail that is clearly marked “confidential” by the employee.III. No expectation of privacy exists over an employer-owned computer system at work.IV. Statement by the employer that e-mails are confidential and privileged cannot be later used by an employer to defeat an employee’s claim of privacy a.

I only

c.

III only

b.

II only

d.

I and IV

____ 10. The Electronic Communications Privacy Act of 1986 (ECPA): a.

supplements the Omnibus Federal c.Employee Workplace PrivacyRights Law of 2008.

restricts employer access to publicchatroom interactions.

b.

has been an effective law because d.employee privacy intrusions areless common and steadilydeclining since 2000.

fails to protect employees in mostsituations involving e-mailmonitoring by public and privateemployers.

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Name: ________________________

ID: A

____ 11. 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:a.

a prohibition against usingpre-employment medical tests.

c.

a prohibition against the use ofmedical tests that lackjob-relatedness and businessnecessity.

b.

a prohibition against the use of amedical examination after a joboffer has been made if the resultsare kept confidential.

d.

a prohibition against the use oftests that screen out (or tend toscreen out) people withdisabilities.

____ 12. The United States Constitution, Fourth Amendment provides “[t]he right of the people to be secure

in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated… ” Privacy rights are triggered under the Fourth Amendment: a.

when a corporation has authorized c.an agent with direct authority toperform an electronic search of anemployee’s e-mail account.

when the government is theprimary actor.

b.

upon issuance of a subpoenad.duces tecum to bring electronicdata (e-mails, files, etc.) includingelectronic metadata such asheaders, directional information,and other such useful trackingdata.

during an archival search ofe-mails on a corporation’s server.

____ 13. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color,

religion, sex, or national origin. Which of the following federal government agencies is charged with enforcing this statute?a.

U.S. Department of Labor

c.

Office of Personnel Management

b.

Merit Systems Protection Board

d.

Equal Employment Opportunity Commission

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Name: ________________________

ID: A

____ 14. Equal protection is the constitutional guarantee:a.

that empowers Congress toc.regulate equally distributedcommerce with foreign Nations,and among the several States, andwith the Indian Tribes.

embodied in the FourteenthAmendment to the U.S.Constitution.

b.

that laws made in pursuance of the d.Constitution and all treaties madeunder the authority of the UnitedStates shall be the equallyprotected as the “supreme law ofthe land.”

that grants and distributes powerand responsibilities to nationaland state governments.

____ 15. 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: a.disparate treatmentc.inclusionb.

disparate impact

d.

reasonable accommodation

____ 16. 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?a.

An eligible employee is entitled to c.take 12 weeks of unpaid leave inany 12-month period.

Under most circumstances, theemployer must reinstateemployees when they return fromleave.

b.

Every personal or familyemergency qualifies for FMLAleave.

An eligible employee is entitled totake paid leave because of thebirth of a son or daughter.

d.

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ID: A

Business Law Mid-Term (Chapters 1-4)Answer SectionMULTIPLE CHOICE1. ANS: BPage 1PTS: 12. ANS: DPages 3-7PTS: 13. ANS: CPage 10PTS: 14. ANS: CPage 18PTS: 15. ANS: DPage 36PTS: 16. ANS: CPage 36PTS: 17. ANS: CPage 52PTS: 18. ANS: BPage 57PTS: 19. ANS: CPage 72PTS: 110. ANS: DPage 74PTS: 1

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