Q&A Hero

Q: Bill, a senior manager at Bizlaw Inc., instructs Kim, a mid-level manager, to make false statements on the performance evaluation of Gloria, one of Kim's employees, who recently filed a discrimination claim against Bill. Bill tells Kim, "Look around you. Every manager makes up stories about employees Bizlaw wants to get rid of." Bill's argument illustrates: A. bandwagon fallacy. B. argumentum ad baculum. C. argumentum ad hominem. D. circular reasoning.

Q: A _____ argument states that we should or should not do something merely because one or more other people or firms do or do not do it. A. bandwagon fallacy B. circular reasoning C. false cause D. gambler's fallacy

Q: Which of the following attacks the speaker for his argument, not his reasoning? A. Argumentum ad hominem B. Argumentum from authority C. Argumentum as populism D. Argumentum ad vacuum

Q: Guilty by association is a form of: A. begging the question. B. argumentum ad hominem. C. argumentum ad populum. D. gambler's fallacy.

Q: Bennett is in the process of making an important decision for his firm. Which of the following actions strengthens the argument that Bennett is a utilitarian? A. Bennett chooses the alternative that promises the highest net welfare to society as a whole. B. Bennett implements the alternative that allocates society's benefits and burden most fairly. C. Bennett considers whether everyone is getting what he deserves. D. Bennett determines whether anyone's rights are negatively affected by an alternative.

Q: Trisha has been given the responsibility of making an important decision for her firm. Which of the following actions strengthens the argument that Trisha is a justice theorist? A. Trisha chooses the alternative that promises the highest net welfare to society as a whole. B. Trisha chooses the alternative that respects the most important human right. C. Trisha considers whether everyone is getting what he deserves. D. Trisha determines whether anyone's rights are negatively affected by an alternative.

Q: Carol, an Acme Co. employee, regularly takes pens, paper, and other office supplies from the Acme office supply cabinet and brings them home for her husband to use in his home office. Carol defends this action by saying that: "I don't get paid enough, and besides, no one will miss the supplies." This statement is an example of: A. circular reasoning. B. false analogy. C. bandwagon fallacy. D. a non sequitur.

Q: A "non sequitur" used in an argument is a wrong conclusion: A. that does not follow from the facts or premises set out. B. based on a false analogy. C. that relies on the idea that a popular belief is true. D. based on an attack against the speaker, not his/her reasoning.

Q: An "argumentum ad populum" used in an argument is a wrong conclusion: A. that does not follow from the facts or premises set out. B. based on a false analogy. C. that relies on the idea that a popular belief is true. D. based on an attack against the speaker, not his/her reasoning.

Q: Which of the following factors can impose direct penalties for corporate misbehavior? A. Market forces B. Corporate management C. Labor unions D. Investors

Q: Which of the following is a prescribed guideline for ethical decision making? A. What gives me maximum profit? B. Will stakeholders offer support? C. How can I increase the number of shareholders? D. How do the alternatives impact my business firm?

Q: Speedster is an automobile manufacturing company that has a factory in Seattle, Washington. It has placed Keith McShane, the operations head of the factory, in charge of investigating the firm's decision whether to move the factory to Qingdao, China. Keith is against the idea of the factory relocating to Qingdao because his fellow Americans will lose their jobs to the Chinese. Therefore, he is desperately searching for information that favors Seattle over Qingdao. Which of the following prescribed guidelines for ethical decision making will Keith need to focus on to make an unbiased, ethical decision? A. Will the shareholders offer support? B. What facts impact my decision? C. How can I increase the number of shareholders? D. Which decision will allow me to retain my job?

Q: "Your decision will be better for your firm and other stakeholders if you consider your selfish interest." Considering that this statement is true, which of the following prescribed guidelines for ethical decision making should you focus on? A. Will the shareholders offer support? B. How can I increase the number of shareholders? C. How do the alternatives impact me, the decision maker? D. Who are the stakeholders?

Q: Which of the following ethical theories illustrates that acting in one's selfish interests can ultimately result in ethical behavior and benefits to society? A. Rights theory B. Profit maximization theory C. Kantian theory D. Justice theory

Q: Which of the following is a characteristic of profit maximization? A. It is concerned with the equal distribution of wealth in society. B. It protects everyone's fundamental rights. C. It is closely related to utilitarianism because it focuses on results. D. It ensures complete responsible and ethical behavior by corporations.

Q: Profit maximization results in ethical conduct because: A. it emphasizes the right to redistribute wealth in order to help the poor and disadvantaged. B. it requires society's members to act within the constraints of the law. C. it protects fundamental rights, unless some greater right takes precedence. D. it focuses on the decision or action itself, irrespective of what results it produces.

Q: The _____ requires a public company to disclose whether it has adopted a code of ethics for senior financial officers, and to disclose any change in the code or waiver of the code's application. A. Davis-Bacon Act B. Goldwater-Nichols Act C. Sarbanes-Oxley Act D. Certiorari Act

Q: Which of the following ethical theories requires decision makers to maximize utility for the society as a whole? A. Profit maximization theory B. Deontological theory C. Rights theory D. Utilitarian theory

Q: Kurt is trying to decide whether or not he should drive to work every day and has a number of questions. Will it save valuable time? Will he be adding to environment pollution? Will it add to the problems of heavy traffic on the roads? Would carpooling be a better idea? Which of the following ethical theories does Kurt adhere to? A. Utilitarian ethics B. Deontological ethics C. Kant's categorical imperative D. Rights theory

Q: _____ is a teleological ethical theory because it focuses on results by maximizing total social welfare. A. Rights theory B. Kantian theory C. Deontological theory D. Profit maximization theory

Q: Which of the following ethical theories has been criticized for promoting moral fanaticism and reducing innovation, entrepreneurship, and production? A. Rights theory B. Teleological theory C. Utilitarian theory D. Profit maximization theory

Q: ______ requires a decision maker to ensure the maximum good for the maximum number. A. Profit maximization B. Rights theory C. Stakeholder theory D. Utilitarianism

Q: Which of the following ethical theories judges our actions as good or bad depending on their consequences and is expressed as "the ends justify the means"? A. Rights theory B. Utilitarianism C. Kantianism D. Deontological theory

Q: _____ protects the rights of those who are less privileged in society. A. Rights theory B. Justice theory C. Rule utilitarianism theory D. Profit maximization theory

Q: Which of the following ethical theories emphasizes that certain human rights are fundamental and must be respected by other humans? A. Rights theory B. Utilitarian theory C. Teleological theory D. Profit maximization theory

Q: _____ theory emphasizes that one should use the categorical imperative and judge an action by applying it universally. A. Utilitarian B. Teleological C. Justice D. Kantian

Q: _____ categorizes using or manipulating others as an unethical action. A. Utilitarianism B. Teleological ethics C. Consequentialism D. Kantianism

Q: Which ethical theory justifies the protection of a neo-Nazi's right to hateful speech, even though the cost of such speech includes damage to relations between ethnic groups, which may far outweigh any benefits the society receives from the speech? A. Rights theory B. Teleological theory C. Profit maximization theory D. Utilitarian theory

Q: Which of the following ethical theories is a deontological theory? A. Utilitarian theory B. Teleological theory C. Rights theory D. Profit maximization theory

Q: The _____ of corporate social responsibility holds that rather than merely striving to maximize profits for its shareholders, a corporation should balance the interests of shareholders against the interests of employees, suppliers, customers, and the community. A. deontological theory B. Kantian theory C. stakeholder theory D. utilitarian theory

Q: The stakeholder theory of corporate social responsibility: A. strives to maximize profits for its shareholders. B. tries to balance the interests of shareholders and stakeholders. C. advocates the use of legal remedies to check corporate misbehavior. D. advocates the freedom of corporations to run as they wish.

Q: Which of the following ethical theories focuses on a decisions or action alone, irrespective of the result it produces? A. Deontological theory B. Teleological theory C. Profit maximization theory D. Utilitarian theory

Q: _____ ethical theories focus on the consequences of a decision. A. Deontological B. Teleological C. Kantian D. Rights

Q: A justice theorist would choose the alternative that allocates society's benefits and burden most fairly.

Q: Profit maximization compels a decision maker to consider stakeholders other than the corporation and its shareholders.

Q: "Begging the question" is also known as the slippery slope fallacy.

Q: An individual can lead ethically while not attempting to behave in an ethically way.

Q: The purpose of the _____ is to increase penalties for corporate wrongdoers, establish rules designed to deter and prevent future wrongdoing, and encourage and enable corporate executives to be ethical and socially responsible. A. Sarbanes-Oxley Act B. Davis-Bacon Act C. Goldwater-Nichols Act D. Certiorari Act

Q: The reduced sales of Martha Stewart branded goods at K-Mart after she was accused of insider trading is an example of the strength of the profit maximization theory.

Q: Utilitarianism is based on the laissez faire theory of capitalism.

Q: The Sarbanes-Oxley Act of 2002 requires public companies to have board audit committees comprising only independent directors.

Q: Rights theory concerns itself with the costs and benefits of requiring respect for another's rights.

Q: Rawls's justice theory focuses on outcomes.

Q: "The ends justify the means." This statement reflects the utilitarian ethical theory.

Q: A retailer's decision not to close earlier than its regular closing time even though a storm warning makes it unlikely that there will be any more customers that day is an example of rule utilitarianism.

Q: Asking whether a decision will produce the right results is an example of deontological theory.

Q: A teleological theory may find unacceptable that any competent employee loses his job, even if the layoff's effect is to reduce prices to consumers and increase profits.

Q: Profit maximization is a deontological theory.

Q: "What would happen if everyone acted in this way?" is a question that Kant would ask.

Q: State a situation where state law is preempted by federal regulation.

Q: Under what two conditions is a governmental taking of property unconstitutional? Should both of these conditions be satisfied in order for a taking to offend the constitution, or is only one condition necessary enough?

Q: Under the stakeholder theory of corporate social responsibility, employees' interests are considered.

Q: Theories that focus only on actions or decisions are called deontological ethical theories.

Q: Under the Takings Clause, a "taking": A. occurs when the government uses formal eminent domain procedures to condemn private property. B. can only be of land, and not of other kinds of property. C. cannot occur through government regulation that merely diminishes the value of private property. D. cannot occur by simply an invasion of private property.

Q: Which of the following is a characteristic of the "Takings Clause"? A. It includes issues of property as well as the sale of goods. B. It protects the public from government intrusion into their property. C. Private property can be taken for public use, without any reparation. D. The property owner must receive just compensation.

Q: In Kasky v. Nike, Inc., the California Supreme Court drew a distinction between a noncommercial speaker's statements criticizing a product are generally noncommercial speech and a commercial speaker's statements in praise or support of the same product. What was this distinction, and why did the California Supreme Court make it?

Q: Mark, an untenured Assistant Professor of Business Law at a public university, is fired from his job for supposedly misbehaving with students in class. Since the firing took place without any kind of hearing, Mark wants to challenge it on procedural due process grounds. Will Mark's claim succeed? Assume that the university did not publicize the reasons for Mark's discharge, and will not tell anyone why he was discharged.

Q: A state passes a minimum wage law. Fred Whitby, President of Unisys Corporation, is certain that it is unconstitutional. For example, Fred argues that the Constitution's Contract Clause plainly renders the law unconstitutional. Is Fred right? Why or why not?

Q: Which of the following independent checks blocks only state laws and not federal laws? A. Equal protection B. The First Amendment C. Federal preemption D. Due process

Q: Federal regulation is considered to be officially "pervasive" when: A. Congress has given an administrative agency broad regulatory power in a particular area. B. there is literal conflict between the measures by different states. C. the state regulation is an obstacle to federal regulations. D. there is a conflict regarding a federal issue between private citizens.

Q: The central question in most federal preemption cases is: A. the intent of the Congress. B. whether the federal law is supreme. C. whether due process was afforded. D. the application of the doctrine of judicial review.

Q: In general, which of the following is least likely to unconstitutionally burden interstate commerce? A. A state law requiring that all state vehicles burn gasoline produced and refined within the state. B. A state law imposing tougher purity standards on food imported from out of state than from food produced in-state. C. A state law requiring in-state liquor distillers to post the prices at which they will sell in-state, and not to exceed those prices when they sell in other states. D. A state tax on gasoline that makes it more expensive for trucking companies to route their trucks through the state.

Q: Which of the following has NOT been categorized as a suspect class? A. Race and national origin B. Alienage C. Sexual orientation D. Illegitimacy

Q: Which of the following is true of the Contract Clause? A. It applies to laws that impair contracts made after the law's passage. B. It imposes tougher standards on government contracts than on private contracts. C. It does not apply to government contracts. D. It has gradually increased in importance from the 19th century to the 20th century.

Q: Which of the following is also known as the "dormant" Commerce Clause? A. Power of Congress to regulate interstate commerce. B. Power of Congress to regulate instrumentalities of interstate commerce. C. Limits on the states' ability to burden interstate commerce. D. Limits on Congress to burden states with taxes.

Q: The rights to notice of the charges brought against you and to some kind of fair trial or hearing to prove those charges are central requirements of: A. substantive due process. B. equal protection. C. procedural due process. D. economic due process.

Q: Which of the following is applied to the equal protection standard? A. The due process test B. The still-controlling test C. The proximate cause test D. The rational basis test

Q: Which of the following is generally subject to a rational basis review? A. Regulation of political speech that is challenged under the First Amendment. B. Regulation of commercial speech that is challenged under the First Amendment. C. Laws that discriminate on the basis of illegitimacy. D. Laws that regulate social and economic matters.

Q: The equal protection standard is generally judged in a lenient manner. However, laws that discriminate regarding _____ are made to undergo a much more rigorous test. A. education B. profession C. race D. age

Q: Which of the following is true of noncommercial speech? A. It does not cover political speech. B. Books, musical works, and journal articles are classified as noncommercial speech, but are not fully protected due to the existence of an underlying profit motive. C. It receives the full benefit of the First Amendment protection. D. Any kind of corporate speech is classified as noncommercial speech.

Q: Which of the following statements regarding commercial speech is true? A. It enjoys the same First Amendment protection as political expression. B. It is not protected if it misleads or seeks to promote an illegal activity. C. It receives rational basis protection, if it is not misleading. D. Movies, television programs, and magazine articles are normally classified as commercial speech and are thus fully protected.

Q: In the context of commercial speech, the Supreme Court developed the _____ test which amounts to intermediate scrutiny. A. means-ends B. still-controlling C. proximate cause D. rational basis

Q: Which of the following characterizes procedural due process? A. The procedures are clearly laid in the Constitution. B. It entitles one to a fair hearing before action is taken. C. It challenges rules that set standards of behavior for organized social life. D. It does not require adequate notice to be given before action.

Q: "The challenged law must be necessary to the fulfillment of a compelling government purpose." This is laid down for the: A. rational basis test. B. intermediate scrutiny. C. full strict scrutiny test. D. still-controlling test.

Q: Which of the following would receive stricter scrutiny than the rational basis test? A. Right to own a business B. Right of teenagers to congregate C. Classifications based on gender D. Right to advertise

Q: The First Amendment provides that "Congress shall make no law abridging the freedom of speech." What is often described as being at the "core" of the First Amendment? A. Commercial speech B. Artistic speech C. Advertisements D. Political speech

Q: When is a corporation entitled to full First Amendment protection? A. When it engages in artistic speech. B. When it works for the public good. C. When it aids in promoting federal power. D. When it engages in political speech.

Q: According to _____, most of the Constitution's individual rights provisions block only the actions of government bodies, and not private bodies, in cases of violation of rights. A. independent checks B. due process C. state action D. federal supremacy

Q: There is a provision of the means-ends tests by the Supreme Court because: A. individual rights must be protected at any cost. B. the correct procedure of law has to be followed. C. no constitutional right is absolute. D. the conduct of public officials must be scrutinized.

Q: The _____ is a very relaxed means-ends test of constitutionality which challenged laws usually pass with ease. A. rational basis test B. intermediate scrutiny C. due process test D. full strict scrutiny