Q&A Hero

Q: The _____ Amendment protects against compelled testimonial self-incrimination by establishing that "[n]o person shall be compelled in any criminal case to be a witness against himself." A. Fifth B. Fourth C. Sixth D. Eighth

Q: Rachael was arrested by the police on suspicion of possession of a controlled substance. She was informed of her Miranda rights. Rachael waived her right to remain silent and confessed to the crime after a brief period of police interrogation. Her confession is: A. admissible, according to Supreme Court precedent. B. inadmissible because it was obtained in violation of her Fourth Amendment rights. C. admissible, according to the "search incident to a lawful arrest" exception to Miranda. D. inadmissible because it was obtained in violation of her Fifth Amendment rights.

Q: Which of the following is guaranteed by the Sixth Amendment? A. The right to remain silent B. The right to a speedy trial by an impartial jury C. The right to refuse custodial interrogation D. The right to refuse unreasonable searches

Q: Which of the following is true about the Fifth Amendment and the production of records? A. It would allow a Bogus Inc., officer who has custody of Bogus records to resist a subpoena demanding production of those records if the contents of the records could incriminate that officer personally. B. It would prevent a sole proprietor from being compelled to produce his/her business records if the act of producing such records was not testimonial in nature. C. It may be asserted by a corporation, partnership, or other collective entity on the same basis that an individual human being could assert it. D. It does not protect "required records" from being subpoenaed and used against the record keeper in criminal prosecutions.

Q: When conducting an investigation of terrorism federal authorities seek warrants from what court? A. FISA court B. Federal District Court for the District of Columbia C. The International Criminal Court D. The UN High Court on Terrorism

Q: Which of the following is a criticism of the U.S.A. Patriot Act? A. It covers a narrow range of activities associated with terrorism. B. It does not permit warrants for "roving" wiretaps. C. It delays the sanctioning of search warrants. D. It gives undue freedom to law enforcement agencies.

Q: Which of the following is true of the Foreign Intelligence Surveillance Act (FISA)? A. It was enacted as a result of the U.S.A. Patriot Act. B. It has not been amended after its enactment. C. It prohibits surveillance or monitoring without a warrant. D. It has expanded the government's ability to monitor the phone calls of suspected terrorists.

Q: What is the basic remedial device in cases of Fourth Amendment violations? A. Exclusionary rule B. Due process clause C. Habeas corpus D. Counterclaim

Q: When a court applies the exclusionary rule in a criminal case, it means that: A. the case will be dismissed. B. the defendant will be convicted. C. the evidence will not be admitted at trial. D. an arraignment will not take place.

Q: Assume that an applicable state statute makes it a crime for a private citizen to possess a machine gun. For approximately three weeks, officer Roy Holt had had probable cause to believe that Alex Hood, a private citizen, possessed an arsenal of machine guns in his apartment. Acting on this probable cause but without a warrant, Holt knocked on the door of Hood's apartment and asked Hood if he could come in to talk to him. Hood let Holt in. Then, without Hood's consent, Holt began searching the entire apartment. Holt found several machine guns in the bedroom closet. He arrested Hood for an alleged violation of the statute mentioned above. In a pretrial motion, Hood's attorney has asked that the court apply the exclusionary rule and suppress the evidence yielded by Holt's search of Hood's apartment. Should the evidence be suppressed? A. No, because Holt had probable cause to believe that Hood had the machine guns in his apartment. B. Yes, because the unconsented search did not fall within the exceptions to the general rule that warrantless searches are unreasonable. C. No, because Hood voluntarily allowed Holt to enter the apartment and because the machine guns were in plain view in the closet. D. Yes, because the search, though warrantless, was conducted by an officer who was acting to further the public's safety.

Q: Which of the following characterizes searches? A. It is covered by the Fourteenth Amendment. B. Warrants are not required for a search on private property. C. Consensual searches without warrants violate the Fourth Amendment. D. Customs searches are valid without a warrant.

Q: Which Untied States Supreme Court case indicated that the search incident to arrest exception does not permit a police officer from searching a smart phone of an individual who was arrested without a warrant? A. Riley v. California B. Miranda v. Arizona C. Maryland v. King D. Marbury v. Madison

Q: What occurs during an arraignment of a criminal defendant? A. Defendant is informed of charges against them and pleads guilty or not guilty. B. Both the prosecutor and defense select a jury for trial. C. The prosecutor and defense argue over the admissibility of key evidence. D. The jury delivers its verdict of the case.

Q: Which of the following serves essentially the same function as a magistrate's probable cause determination? A. Arraignment B. Special deterrence C. Indictment D. Incapacitation

Q: A(n) _____ is a formal charge signed by the prosecutor outlining the facts supporting the charges against the defendant. A. booking B. indictment C. information D. arraignment

Q: The Fourth Amendment to the U.S. Constitution: A. protects persons against all searches and seizures. B. provides protection to places or items as to which the Court found no reasonable expectations of privacy such as open fields and personal bank records. C. provides protection to matters such as voluntary conversations between criminal defendants and government informants. D. protects persons against arbitrary and unreasonable governmental violations of their privacy rights.

Q: Which of the following would the United States Supreme Court deny there is a reasonable expectation of privacy for items in these locations? A. Private Dwellings B. Offices C. Mail D. Items left in an open field

Q: The standard of proof in a criminal case is: A. proof by a preponderance of the evidence. B. proof beyond a reasonable doubt. C. proof that is "more likely than not." D. proof beyond the presumption of innocence.

Q: Most serious crimes require mens rea, or criminal: A. behavior. B. violation. C. intent. D. prosecution.

Q: _____ means that the accused failed to perceive a substantial risk of harm that a reasonable person would have perceived. A. Duress B. Recklessness C. Exculpation D. Negligence

Q: Although not a complete defense to criminal liability, _____ may diminish the degree of a defendant's responsibility in a crime. A. voluntary intoxication B. premeditation C. infancy D. insanity

Q: Assume that a state, acting through the appropriate county prosecutor, plans to initiate a felony prosecution against Joe Beck. Further assume that the state is among those in which felony defendants may be charged by either of the two methods discussed in the text. Which of the following is an accurate statement? A. If a preliminary hearing is held and the judge conducting it concludes that there is probable cause to believe that Beck committed the charged felony, the judge (who presided over the preliminary hearing) will find Beck guilty and sentence him accordingly. B. If the prosecutor decides to follow the information route to initiating the felony prosecution, Beck is entitled to insist that a grand jury be convened to determine whether he should be prosecuted by the state. C. If a preliminary hearing is held, the state must prove Beck's guilt beyond a reasonable doubt in order to carry its burden of proof at the preliminary hearing stage. D. If a preliminary hearing is held and the magistrate conducting it concludes that there is probable cause to believe that Beck committed the charged felony, the magistrate binds over the defendant for trial in the appropriate court.

Q: The First Amendment limits governmental power to enact and enforce criminal laws by prohibiting: A. warrantless searches. B. arbitrary discrimination among different classes of people. C. cruel and unusual punishments. D. laws that restrict freedom of speech.

Q: Commercial speech receives what form of protection under the First Amendment: A. Intermediate protection B. Full constitutional protection C. Minimal protection D. No protection

Q: The ____ Amendment forbids cruel and unusual punishments. A. First B. Eighth C. Fourteenth D. Fifteenth

Q: The Equal Protection Clause is derived from which amendment to the U.S. Constitution? A. First B. Fourteenth C. Tenth D. Second

Q: According to the law, crimes are statutory offenses; this essentially means that: A. it must be proved that the crime is dangerous or detrimental to society. B. a behavior is not a crime unless a state legislature has criminalized it. C. the prevention of crime should include deterrence and rehabilitation. D. courts may assess punitive damages in order to punish the wrongdoer.

Q: A defendant's act must have been prohibited by statute at the time he/she committed it and the penalty imposed must be the one provided for at the time of his/her offense. This essentially indicates: A. encouragement of deterrence laws. B. the presence of nulla poena sine lege laws. C. prohibition of ex post facto criminal laws. D. the presence of retributive justice.

Q: Infractions: A. involve significant moral culpability on the offender's part. B. are not punishable by fines. C. are a serious crime. D. are not punishable by confinement in jail.

Q: _____ believe that prevention of socially undesirable behavior is the only proper purpose of criminal penalties. A. Utilitarians B. Ethical pragmatists C. Virtue ethicists D. Deontologists

Q: What is recidivism? A. A special theory of deterrence B. A quasi-criminal offense punished by light fines C. Repeat offenses by previously punished offenders D. Attempts to change the behavior of convicted offenders

Q: _____ is the change in the attitudes or values of convicted offenders so that they are not inclined to commit future offenses. A. Recidivism B. Rehabilitation C. Retribution D. Probation

Q: _____ is effectively a conditional sentence that suspends the usual imprisonment and/or fine if the offender "toes the line" and meets other judicially imposed conditions for the period specified by the court. A. Probation B. Retribution C. Prevention D. Rehabilitation

Q: In Miranda v. Arizona the United Supreme Court mandated that police officers have to give suspects a warning about their rights.

Q: The Fifth Amendment guarantees indigent defendants the right to court-appointed counsel.

Q: Corporations may be held criminally liable even in the absence of proof that high corporate officers ordered or acquiesced in the offense charged.

Q: A(n) _____ is a serious crime such as murder, sexual assault, arson, drug-dealing, or a theft or fraud offense of sufficient magnitude. A. misdemeanor B. felony C. tort D. infraction

Q: How can a corporation improve its corporate governance and corporate responsibility?

Q: Carol, a senior manager in Bizlaw Inc., encourages Rob, her junior manager, to bill Bizlaw's clients for his commute time, and identify it as "meet and confer with senior manager." Carol explains that she will then adjust her own billing sheet to match this entry. Carol tells Rob that all other Bizlaw junior and senior managers engage in this practice, and that clients have never questioned such entries. Rob is not sure whether this would be an ethical action. What should Rob do?

Q: Under the U.S.A. PATRIOT Act, the Foreign Intelligence Surveillance Act (FISA) Court may issue warrants of the "sneak and peek" variety.

Q: A defendant's constitutional right to be free from compelled testimonial self-incrimination not only bars the prosecution from calling him/her as a witness at the trial of a criminal case against him/her, but also bars the plaintiff from calling him/her as a witness at the trial of a civil case against him/her.

Q: What three things are seen in the corporate scandals of 2002, such as Enron and WorldCom?

Q: The last tactic to adopt in resisting a request to act unethically is to: A. buy time to think about a solution. B. find a mentor and peer group. C. prepare to leave the job. D. find win-win solutions.

Q: Which of the following critical thinking errors is likely to occur among the subordinates if a leader is unethical? A. False analogy B. Bandwagon fallacy C. False cause D. Gambler's fallacy

Q: What two conditions must be met if profit-maximization is to maximize utility?

Q: Jack flipped a coin five times and each time it came up heads. His friend Atmel saw this and bet Jack that the next flip would come up tails. Atmel figured that it was overdue for a tails and so tails was a more likely outcome in the next flip. Atmel has fallen prey to: A. sunk cost fallacy. B. reductio ad absurdum. C. argumentum ad hominem. D. gambler's fallacy.

Q: Which of the following is also called the slippery slope fallacy? A. Gambler's fallacy B. Reductio ad absurdum C. Sunk cost fallacy D. Argumentum ad hominem

Q: Bob DeSlob, CEO of Westlake Inc., had supported the development and distribution of the Super Widget, a product that is expensive to make. The Super Widget failed to meet its expected sales. Bob, now, decides to invest more resources to produce and aggressively market the Super Widget, rationalizing that if he did not invest more in the product, what he has invested would be lost. Bob is engaging in: A. sunk cost fallacy. B. argumentum ad baculum. C. argumentum ad hominem. D. reductio ad absurdum.

Q: Debra asks Alex, her stock broker, if she can trust his advice to purchase the stocks for Acme Co. Alex replies, "Of course you can." Debra asks, "Why should I trust you?" Alex says, with a smile, "Because I am a trustworthy person." Alex is engaging in: A. circular reasoning. B. bandwagon fallacy. C. argumentum ad baculum. D. false analogy.

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 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 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: 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