California State University, East Bay Name: ______________________________

Business and Prof. Ethics (Mgmt. 3560)

Instructor: Tod Zuckerman

Winter 2017 - Mock Midterm Examination ( Quiz 1)

Instructions: Please record your answers on a Scantron-card (882-e)

1. The famous “Heinz Dilemma” primarily and directly concerned:

a. The stages of emotional development.

b. The stages of cognitive development.
c. The moral dimensions of human nature at birth
d. Rational ethical decision-making.
e. None of the above.
.

2. The individual who famously researched the issue of moral intensity.

a. Jonathan Haidt
b. Tom Jones
c. Ken Blanchard
d. Lawrence Kohlberg
e. Jean Piaget

3. As respects all of the state judicial systems ( as opposed to the federal judicial system), a
state trial court is always called:

a. Circuit Court
b. Superior Court
c. District Court
d Supreme Court
e. None of the above
.

4. Only the most populous states (nine or ten) have intermediate appellate
courts.

a. True b. False

5. An organization, including but not limited to a corporation, cannot itself

be guilty of a crime. However, individuals who work for the organization
may be guilty of crimes based on their workplace/work related activities.

a. T b. F

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6. Consider the following statements (assume they are made by the City of Hayward):

Statement 1: We are dedicated to rendering effective, efficient, and respectful public

service with integrity and conscientiousness - using both proven and innovative
mechanisms.
Statement 2: Our goal is to make Hayward the place of choice to work, play, and grow in
Northern California.
Statement 3: We are responsible, dependable, communicative, and respectful.

We provide honesty, integrity, and openness in all we do.

We espouse innovation to meet challenges.

We foster an environment of collaboration.

Which statement below is correct?

a. Statement 1 is a vision statement.

b. Statement 3 is a mission statement.
c. Statement 2 is a values statement.
d. None of the above.
7. Adam Smith co-authored (with Frederich Engels) The Communist Manifesto. T/F

8. A Code of Conduct requires an attorney's input. T/F

9. The burden of proof in criminal cases is typically:

a. Evidence beyond a reasonable doubt

b. Clear and convincing evidence
c. Preponderance of the evidence
d. None of the above

10. ___________ are mainly concerned with making a decision that will treat all stakeholders
with respect and dignity.

a. Egoists
b. Deontologists
c. Social group relativists
d Cultural relativists
e.. None of the above

11. The court’s power to decide the issue(s) in a case:

a. Subject matter jurisdiction

b. Venue
c. Personal jurisdiction
d Appellate jurisdiction
e. Selective jurisdiction
12. The ________________ is the supreme law of the land.

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 a. Magna Carta
b. Declaration of Independence
c. U.S. Constitution
d. None of the above

13. In class, Zuckerman described his attorney friend and colleague (who provided a warning
to someone he thought was in imminent danger of being killed) as a/an:

a. Cultural relativist.
b. Social group relativist
c. Utilitarian
d. Deontologist
e. Virtue ethicist

14. There is just one way to assert federal court jurisdiction: Diversity of
citizenship - plaintif and defffendant are from different states or the
defendant is from a foreign country. T/F

15. Arbitrators are deciders – they can impose a settlement on the parties.
T/F.

16. It is ethical for a student and an instructor to be "friends" on Facebook if

there is no chance the student will take one of the instructor's classes?
T/F

17. The great majority of litigants prefer to compromise rather than to resolve their dispute by
a trial. Which of the following are factors which spur compromise:

a. The expense of litigation.

b. Time involved in litigation.
c. Anxiety about going to court.
d. Concern about bad publicity.
e. All of the above

18. Which is a correct statement?

a. An arbitrator – but not a mediator - is a messenger.

b. An arbitraror – but not a mediator – is a conciliator.
c. A mediator – unlike an arbitrator – is a decider.
d. A mediator – unlike an arbitrator – listens to and sees the evidence.
e. None of the above.

19. Substantive due process requires procedural protection: a fundamentally fair process
including notice, hearing, an unbiased factfinder, presentations of evidence and cross-
examination and appeals. T/F

20. Ken Blanchard and Dr. Norman Vincent Peale introduced the "Front Page of the
Newspaper" test for resoving ethical dilemmas. T/F
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21. In class, Zuckerman explained that when two people are having an ethical
conflict/disagreement at work, it is best for the person who wants to persuade the other
to explain why his/her ethical theory is superior. For instance, if you - a cultural relativist -
are in an ethical conflict with an egoist, to persuasively reason with the egoist, you must
convince him/her that cultural relativism is a superior ethical theory. T/F

22. Unless (a) the parties have entered into a contract which includes an
attorney’s fee provision; (b) the dispute concerns a statute that states
the winning party may recover attorney’s fees; or (c) either the plaintiff’s
claim or the defendant’s defense was egregiously/outrageously wrong,
under the “British Rule” (as opposed to the American Rule), the winning
party pays for his/her own attorney’s fees. T/F

23. The terms “the original position”, “liberty principle” and “difference principle” are
associated with:

a. Adam Smith
b. Jonathan Haidt
c. Lawrence Kohlberg
d. John Rawls
e. Karl Marx

24. Under federal law, government agencies are not permitted to use polygraph testing as a
pre-employment job screening device/tool. T/F

Your instructor believes that generally ( not always) , men are more likely to engage in
25.
workplace bullying than women. T/F
.

26. Perhaps, surprisingly, research has revealed that people who reason at a higher
level of moral development do not make superior ethical decisions - that is, higher
educated people do not tend to be better ethical decision makers than lower
educated people. T/F

27 People classified as "high Machs" tend to be better ethical decision makers. T/F

28. Trial courts make case law ( aka "common law" or "judge made law"). T/F

29. People who score high for "religious" tend to be better ethical decision makers. T

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30. Appellate courts make case law (aka “common law” or “judge-made
law”). T/F

31. You are a California attorney arguing a case before the California Superior Court, County
. of Alameda (a trial court). You found an Arizona Court of Appeals case that addressed
the exact issue that your court must decide. You want to bring this decision to your
court’s attention because if the court applies it in your case, your client will win.

a. The Arizona Court of Appeals case is a primary authority and the California
Superior Court, Alameda County must apply it – that is, it is a primary and
mandatory authority.

b. The Arizona Court of Appeals case is a primary authority, but the California
Superior Court, Alameda County does not have to apply it – that is, it is a
primary and non-mandatory (aka “persuasive”) authority.

c. The Arizona Court of Appeals case is non-authority – that is, the California
Superior Court, Alameda County must not consider it.

d. The Arizona Court of Appeals case is secondary authority – that is, it may be
considered as a persuasive (non-mandatory) authority by the California Superior
Court, but it is not the law anywhere.

32. A law passed by a local government ( town, city, or county).

.
a. Statute
b. Rule
c. Constitution
d. Ordinance

33. It is a violation of California employment law to ask an ex-employer the

following question: “ Is he/she (the job applicant) married?” T/F

34. The great majority of lawsuits are decided by a trial – only a small
. percentage (10-15%) are settled before trial. T/F

35. Which of the following represent an attorney’s possible duties:

a. Investigator and drafter

b. Negotiator and advisor
c. Advocate
d. All of the above
e. B and c.

36. Generally, appellate courts have original jurisdiction. T/F

.
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37 If a gratuity does not reach the level of a bribe, it still can cause a
problem for an organization. T/F
38. Under the doctrine of stare decisis, a “bum”, a lower court can -
. occasionally overrule/ignore another court's decision, even though it is
valid, relevant and issued by a higher court in the same judicial
system.T/F
39. Under the Foreign Corrupt Practices Act (FRCP) a bribe is defined as
providing a foreign government official with a monetary incentive or
object of value to do something contrary to his or her job
description.T/F

40. Your instructor especially likes Prof. Collins's " Rational Ethical Decision-Making
Framework." T/F

41. There is a decline from ethical belief to ethical intent but not from ethical intent to ethical
action. T/F

42. Consider this question: Does the action treat every stakeholder with respect? This is the
essence of __________________.

a. Virtue ethics
b. Egoism
c. Cultural Relativism.
d. Social Group Relativism.
e. None of the above

43 In a civil case:

a. The defendant is presumed innocent until proven guilty.

b. The defendant is presumed guilty until proven innocent.
c. The prosecution must prove its case by clear and convincing evidence.
d. The prosecution must prove its case by a preponderance of the evidence.
e. None of the above.

44 As respects the Federal Sentencing Guidelines, in 2017 they are binding on federal
district court judges. T/F

45. Most managers are primarily social group relativists and cultural relativists - not
deontologists or virtue ethicists T/F

46. Collins suggests that when a utilitarian is trying to persuade an egoist to adopt his
proposed solution to an ethical dilemma, the utilitarian explain - politely, calmly
and non-condescendingly - why utilitarian reasoning is superior. T/F

47. When faced with an ethical issue, a cultural relativist asks : How does the proposed
action relate to my social group?" F

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48. A violation of civl law is viewed as harming the community. Therefore, the state (or the
federal government) acts against the violator, and the individual victim is a party (plaintiff)
in the criminal case. T/F

49. Consider the following statement from The Humane Society: "Celebrating Animals,
Confronting Cruelty." This is a :

a. Mission Statement
b. Vision Statement
c. Values Statement
d. Code of Ethics

50. Typically, an employee can successfully sues his/her employer for

invasion of his/her right of privacy if the employer monitors his/her email
communications on company-owned computers and network systems.
T/F

51 Personal jurisdiction is the court’s authority to hear and decide a

particular type of case.T/F

52. Which is considered the highest, most developed, and most demanding ethical theory?

a. Social group relativism.

b. Cultural group relativism.
c. Virtue ethics
d. Utilitarianism
e. Egoism

53 The jury ________acts as the trier of law.

a. Always
b. Never
c. Almost always
d. Rarely

54. A ______________ is based on shifting moral expectations and legal obligations.

.
a. Code of Ethics b.Code of Conduct c. Values Statement d. Vision Statement e.
Mission Statement

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55. People classified as "high Machs" tend to be better ethical decision makers than people
. classified as low Machs." T/F

56. The following is a vision statement: "Zuck's is a medium-sized restaurant focusing on

organic foods from Northern California farms, in a prime neighborhood of Fremont." T/F

57. Who is famous for writing that the attempts of individuals to pursue their own interests,
typically, advance society’s interests more than if they purposefully intended their actions
to so benefit society.

a.Jonathan Haidt
b.Abraham Maslow
c.Tom Jones
d.Lawrence Kohlberg
e.None of the above

58. There is/are ______ major exemption(s) ( exception(s)) to Title VII of the Federal Civil
Rights Act :
a. One
b. Two
c. Three
d Four
e.. None of the above

59. Under John Rawls’s ethical principles - specifically, his "difference

. principle" - of the four hypothetical economies below (a-d), which is
preferred (ethically superior)? Instruction: Let's keep this simple -
disregard any possible inflation.

a. Least- advantaged group ($20, 000.), middle group ($20, 000.),

most-advantaged group ($20, 000.)

b. Least-advantaged group ($25, 000.), middle group ($70,

000.), most-advantaged-group ($115, 000.)

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 a. Least-advantaged group ($50, 000.), middle group ($150, 000)
and most-advantaged group ($250, 000.)
.
b. Least-advantaged group ($40, 000.), middle group ($200, 000.)
most-advantaged group ($1,000,000.)

60 Mediators have two functions – they act as messengers and

conciliators. T/F

61. Identify the court(s) below which, typically/always, act(s) as a court of original jurisdiction:

a. California Superior Court

b California Court of Appeals
c. California Supreme Court.
d. U.S. Supreme Court.
e. All of the above

62. Consider this statement by the March of Dimes: We help moms have full-term
. pregnancies and research the problems that threaten the health of babies." This is a:

a. Values Statement.
b. Code of Ethics.
c. Code of Conduct.
d. Vision Statement
c. None of the above

63 A federal trial court is called the United States _______ court.

a. Superior
b. Circuit
c. Supreme
d. District
e. None of the above

64 Procedural law defines legal rights and duties regarding a specific subject. Substantive
law is concerned with the enforcement of procedural law in a court of law. T/F

65. Unless (a) the parties have entered into a contract which includes an
attorney’s fee provision; (b) the dispute concerns a statute that states
the winning party may recover attorney’s fees; or (c) either the plaintiff’s
claim or the defendant’s defense was egregiously/outrageously wrong,
under the “American Rule” (as opposed to the British Rule), the winning
party pays for his/her own attorney’s fees. T/F

66. A Methodist university - despite the 1964 Federal Civil Rights Act - may require its
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 instructors to be Methodist. T/F

67. LGBT (Lesbian, Gay, Bisexual, and Transgender) people explicitly fall within one of the
1964 Federal Civil Rights Act’s protected classes. T/F

68. Despite Title VII of the 1964 Federal Civil Rights Act, a Jewish university may
require that its President be Jewish. T/F

69. Some conflicts of interest are not waivable. T/F

70.. The oldest and strongest privilege is the attorney-client privilege. T/F

71. Affirmative action plans are quotas T/F

72. References are legally protected from a defamation lawsuit - or, more
accurately, protected from losing a lawsuit for defamation - as long as the
information they convey is truthful. T/F

73. A Code of Ethics must – under federal law – be drafted by a licensed attorney.
T/F
74. Most experts agree that an attorney should draft/assist in the drafting of a
Code of Ethics, but there is neither a federal law nor any state law mandating that
this occur. T/F

75. The folloing is a mission statement: "Renault aspires to be the world's leader in
transportation products and related services. We will earn our customers'
enthusiasm via continuous improvement driven by the honesty, dependability,
teamwork and innovation of Renault people." T/F

76. Employment discrimination is:

a. Always unethical
b. Always illegal
c. Always unethical and often illegal
d. None of the above

77. Which statement is incorrect.

a. There is a decline (drop off) between ethical belief and ethical intent

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 b. There is a decline (drop off) between ethical intent and ethical action
c. Generally, ethical beliefs generate ethical behaviors (actions) and result in
ethical intentions.
d. Generally, ethical beliefs generate ethical intentions and result in ethical
actions.
e. None of the above (all statements are correct)
78. When faced with a decision, a social group relativist asks: " How does the
action relate to my national culture, especially the law?" T/F

79. When faced with a decision, a deontologist asks: " "How would a virtuous
person act in this situation?" T/F

80. When faced with a decision, an egoist asks: "How does the action relate to my
social group?" T/F

81. One of the advantages an integrity test has ( that a personality test does not
have) is that test takers cannot easily guess at the socially desired answer.T/F

82. Because polygraph testing has improved so much , results of polygraphs are
admissible in courts of law and are legally ( and ethically) used by almost all
private sector employers as part of their job-screening. T/F

83. Psychologists describe a person with a high score for emotional stability as
being curious, independent minded and imginative. T/F

84. Psychologists describe a person with high a score for conscientiousness as

being responsible, dependable, and hard working.T/F

85. A disparate impact can occur on the front end - but not the back end - of the
hiring process. T/F
.

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