QUESTION 1 Fact Scenario A:You are the Vice-President for Sales at a major Autom

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QUESTION 1
Fact Scenario A:You are the Vice-President for Sales at a major Autom

QUESTION 1
Fact Scenario A:You are the Vice-President for Sales at a major Automobile Company.In response to current needs you have developed an economical sub-compact vehicle.You anticipate selling 11 million vehicles on this production run.One of your engineering teams discovers that due to the design there is a higher probability of the vehicles catching fire upon rear impact accidents.You are given a Cost/Benefit Analysis which shows it will cost $22.00 per vehicle to change the design at a total cost of$242,000,000.00.This change will result in 180 less deaths.The National Highway Traffic Safety Administration shows the “cost to society” for each estimated fatality is $400,000.00.This means the design change will provide a savings or benefit of $72,000,000.00. Assume that this is an accurate assessment of the costs/benefits involved (that is, you should assume that no additional costs or benefits will arise)(although keep in mind that the true costs of a particular course of action may not always be accurately identified and quantified.)Refer to Fact Scenario A: Question A1:Using the standard Cost-Benefit Analysis it does not make sense to make the design change. True False
1 points
QUESTION 2
Refer to Fact Scenario A: Question A2:Profit Maximization theory (which emphasizes profits and often has a short-term focus) and Profit Optimization theory (which emphasizes profits over time, requiring a consideration of the long-term value and health of the company) might allow for different conclusions regarding whether the design change should be implemented, especially if there are concerns that failure to implement the design change would hurt the company’s reputation. True False
1 points
QUESTION 3
Refer to Fact Scenario A (and, again, assume that the assessment of costs/benefits listed above is accurate and complete): Question A3:Utilitarianism holds that the ethical decision will result in the greatest good to the greatest number, with a focus on costs and benefits to society as a whole.Thus, it is likely that a Utilitarian analysis of this problem would indicate that the design changes should not be made. True False
1 points
QUESTION 4
Refer to Fact Scenario A: Question A4:Duty-Based or Kantian Ethics, with a focus on human dignity, human rights, and the imposition of the categorical imperative, would probably require that a design change be made. True False
1 points
QUESTION 5
Refer to Fact Scenario A: Question A5Using stakeholder theory, who should the company consider when making its decision about whether to implement the design change? a.The shareholders, only.
b.The customers/purchasers of the car, only.
c.The customers/purchasers of the car and the shareholders, only.
d.The shareholders, the customers/purchasers, as well as potential customers, the employees, and the community as a whole are the most significant stakeholders in this scenario.
1 points
QUESTION 6
Refer to Fact Sceanrio A: Question A6Which of the following business decisions would be the most appropriate from an ethical and legal perspective?a.You would decide not to implement the design changes, because businesses may only use cost-benefit analysis to make decisions.
b.You would decide not to implement the design changes, because affordability and convenience are always the most important considerations.
c.You would decide not to implement the design changes, but only if the risk of harm was fully disclosed to consumers, consumers had indicated that they wanted more choices, especially more affordable vehicle options, the car would not be affordable if the design change was made, regulators were informed of the risk and had not required a design change, and there were no additional known safety problems with the vehicle which would enhance the safety risk already identified.
d.You would implement the design changes, because it is never ethical to put human life at risk in the interests of affordability or convenience.
1 points
QUESTION 7
Fact Scenario B: Fiona is invited to a training session at corporate headquarters.As she has no office, Karl allows her to work in an empty cubicle in which he sorts his files.She notices that Karl has left personnel files on the desk including one folder labeled “salaries and promotions.”Rumor has it that male employees have been paid more than female employees.Fiona believes that it is “wrong” to open a supervisor’s private files.On the other hand, Fiona would like to open the folder to see whether salaries are different between female and male employees because employees are not allowed to share salary and pay information with each other and, thus, it is difficult to uncover evidence of an unequal pay claim.Additionally, any delay in uncovering the pay differential will result in a longer period of pay inequity.This could disadvantage employees, since you can only get two years’ worth of back pay from the issuance of the paycheck in which unequal pay was discovered. Looking at the files could help other employees more than it would harm them and thus benefit the common good.Refer to Fact Scenario B: Question B1: Under Formalism/Deontology, Fiona would decide to leave the cubicle without opening the folder because it is wrong to look at ones supervisors’ private files. True False
1 points
QUESTION 8
Refer to Fact Scenario B: Question B2: If Fiona used an outcome-based, utilitarian ethical framework, then it it likely that Fiona would protect the interests of the many employees who may have been subjected to discriminatory pay practices at the expense of the privacy interests of her supervisor. True False
1 points
QUESTION 9
Refer to Fact Scenario B: Question B3: Under Formalism, Fiona shoulda.do nothing; it is really not her business.
b.secretly look in the folder, since her friends might have received unequal pay.
c.secretly look in the folder, since uncovering pay inequity will benefit society.
d.resepct the privacy of her supervisor’s files, but continue to work toward uncovering pay inequity.
1 points
QUESTION 10
Refer to Fact Scenario B: Question B4:Under Consequentialism or Utilitarianism, Fiona shoulda.do nothing.
b.look in the folder to see if any of her friends in the company have been treated unfairly.
c.look in the folder for all evidence of pay inequity.
d.not look in the folder because it is wrong to violate her supervisor’s privacy.
1 points
QUESTION 11
Refer to Fact Scenario B: Question B5:Identify the primary stakeholders who should be considered when Fiona makes her decision about whether to look in the folder.a.Fiona and her supervisor.
b.Fiona, her supervisor, and the company.
c.Fiona and the employees who have received unequal pay at the company.
d.Fiona, her supervisor, the company, the employees who have received unequal pay at the company, and employees who might continue to be treated unequally if nothing is done to combat pay inequity.
1 points
QUESTION 12
Refer to Fact Scenario B: Quesltion B6When engaging in a duty-based ethical analysis, which of the following would Fiona have to consider in her analysis?a.Fiona would have to consider only her duty to respect her supervisor’s privacy.
b.Fiona would have to consider only her duty to help eliminate illegal and unethical employment discrimination and pay inequity at her place of employment.
c.Neither a nor b.
d.Both a and b.
1 points
QUESTION 13
Fact Scenario C:Robin, a middle management employee, becomes aware of accounting irregularities in financial reports submitted by his boss, Brooke, which suggest that Brooke has diverted $10,000.00 to the company’s sustainability initiative rather than distributing the funds to the purchasing department budget as intended.The sustainability initiative has facilitated major improvements in local water quality standards and, as a result, the overall health of the community has markedly increased, at a sizeable savings of medical costs (approximately $50,000.00 in medical savings in the current year alone.)Refer to Fact Scenario C: Question C1:What considerations should be most important to Robin’s ethical decision-making process?a.Only the illegality of the diversion of the money.
b.The illegaility of the diversion of the money and the fiduciary duty that Brooke owes to the Company.
c.The negative consequences that Robin might face if he blows the whisle on his boss.
d.The fact that everyone in the department does it.
1 points
QUESTION 14
Refer to Fact Scenario C: Question C2Which decision should Robin make in the above scenario that would best comply with legal and ethical considerations?a.Robin should disclose Brooke’s diversion of funds to the sustainability initiative, because Brooke’s conduct is both potentially illegal and in breach of Brooke’s fiduciary duty to the company. However, Robin should detail the many benefits that the sustainability initiative provided for the health of the community and encourage the company to expand that program (as well as publicizing the good that the company has done!)
b.Robin should not disclose Brooke’s diversion of funds to the sustainability initiative, because Robin might get fired and ethics never requires you to act in ways that don’t benefit your own interest.
c.Robin should disclose Brooke’s diversion of funds to the sustainability initiative, because Brooke will probably be fired and Robin is in line for Brooke’s job.
d.Robin should not disclose Brooke’s diversion of funds to the sustainability initiative, because that initiative has provided significant benefits to the health of the community.
1 points
QUESTION 15
Refer to Fact Scenario C: Question C3Assume that the company has been informed of Brooke’s diversion of funds and is making a decision about whether or not to fund the company sustainability initiative. Who has an interest in this decision and which stakeholders should the company consider?a.The shareholders, only. Since the sustainability initiative will decrease the amount of profits available to the shareholders, then the corporation can never engage in sustainability efforts that benefit the public.
b.The public health of the community, only. Since the sustainability initiative has been such a success, then the company has an ethical obligation to fund it because benefit to the health of the community is the only consideration that can ethically be considered.
c.The shareholders and the public health of the community, only.
d.The shareholders, the public health of the community, the employees (some of whom have worked hard on the sustainability initiative and many of whom are inspired to work for a company with such a clear dedication to the community at large; all of the employees have an incentive to keep their jobs, which might be at risk if the company does not pay adequate attention to profit,) the consumers (whose good will and interest in the company might be enhance by the company’s efforts in the community,) as well as suppliers (who might not get paid as much if significant funds are diverted to the sustainability initiative, but who might benefit from the continued health of the company which might be secured because of good will.)
1 points
QUESTION 16
If a contemplated action is legal, it certainly will be considered ethical as well. True False
1 points
QUESTION 17
The Utilitarian model of ethical reasoning emphasizes rights and duties. True False
1 points
QUESTION 18
An individual using a utilitarian ethical reasoning model will evaluate a contemplated action according to the “categorical imperative.” True False
1 points
QUESTION 19
A student contemplates cheating on an exam.If she uses the “categorical imperative” to evaluate her options and to figure out what duty she owes, the most likely result will be:a.She will decide not to cheat because she fears the consequence of getting caught.
b.She will decide not to cheat because she concludes that if everyone cheated, the educational system would be rendered meaningless.
c. She will decide not to cheat because cheating will not bring about maximum societal utility (i.e. the greatest good to the greatest number of people.)
d.She will not cheat because it will infringe upon the rights of other test-takers as well as the professor.
1 points
QUESTION 20
Sally, a bartender, received a call at work that her daughter was injured and was being taken to the emergency room. She knows she will have to pay a deductible in the amount of $100 for her daughter’s care in the emergency room, and contemplates stealing a $100 bill from the cash register of the restaurant where she works in order to pay the deductible. If Sally uses a utilitarian model to evaluate her plan, she willa.Compare the number of people that will benefit from the action (i.e., her daughter, herself and possibly the emergency room doctor) to the number of people that will be negatively impacted by the action (i.e., the restaurant owner).
b.Consider what would happen if every restaurant employee stole money from the cash register to pay for personal expenses.
c.Consider whether the Ten Commandments would direct her not to take the money.
d.Compare the number of people that will benefit from the action (i.e., her daughter, herself and possibly the emergency room doctor) to the number of people that will be negatively impacted by the action (i.e., the restaurant owner), along with an assessment of the significance of the relative benefits. Additionally, she will look broadly at who should be included in the cost-benefit analysis that she engages in.
1 points
QUESTION 21
Legal Reasoning Fact Scenario X:Wendy and Peter want to buy property together.Wendy will be contributing $70,000.00 of the $100,000.00 purchase price, while Peter will be contributing $30,000.00.Wendy has two brothers, John and Michael, whom she loves very much and she really wants them to inherit her share of the property after her death.Tenants in Common can own unequal percentages of the property, allowing the co-owners to take into account varying levels of contribution.Upon the death of a tenant in common, the share owned by the decedent passes through his or her estate to the beneficiaries determined by will, if applicable, or by intestate succession (without a will).Joint Tenants must own equal percentages, regardless of contribution.Upon the death of a joint tenant, the share owned by the decedent goes to the surviving joint tenant.Refer to Fact Scenario X: Question X1. Assume that Wendy and Peter assume ownership in the property as joint tenants.What is the percentage of ownership interest that each would have in the property?a.Wendy would own 70% and Peter would own 30%.
b.Wendy would own 30% and Peter would own 70%.
c.Wendy would own 100%.
d.Wendy would own 50% and Peter would own 50%.
1 points
QUESTION 22
Refer to Legal Reasoning Fact Scenario X: Question X2:Assume that Wendy and Peter assume ownership in the property as tenants in common.What would happen to Wendy’s share in the property if Wendy died before Peter?a.Peter would acquire her ownership interest, taking sole title to the entire property.
b.Wendy’s share would go to her estate, to be distributed via her will or via intestate succession.
c.Wendy’s share would go directly to John and Michael, because your siblings always get your property upon death.
d.Wendy’s share would go to her parents.
1 points
QUESTION 23
Legal Reasoning Fact Scenario V:Rapunzel, who lives in Massachusetts, works in research and development for Tower Corporation at one of the company’s facilities in Massachusetts.Tower Corporation is a hair products company whose headquarters is in Connecticut and whose primary state of incorporation is Delaware.Recently, she applied for a promotion, but the position was awarded to Rumpelstiltskin, a man from another department with much less experience and fewer qualifications.Rapunzel is very disappointed and is upset because she has noticed a pattern and practice of discrimination on the basis of gender at Tower and she decides to sue Tower Corporation based on Title VII of the Civil Rights Act of 1964 (a Federal statute) and Mass. Gen. Laws Ann. ch. 151B, §1 et al. (a Massachusetts statute.) After exhausting her administrative remedies, as is required by the statutes, she decides to proceed in court. Fact Scenario V: Question V1: This case involvesa.only a state discrimination claim.
b.only a federal discrimination claim.
c.both a state and a federal discrimination claim.
d.neither a state nor a federal discrimination claim.
1 points
QUESTION 24
Refer to Legal Reasoning Fact Scenario V: Question V2:Which of the following must be considered in order to determine in which court Rapunzel can file her claim?Whether the case can be tried in federal court and which courts have personal jurisdiction over the Defendant.
Whether the case can be tried in federal court, only.
Which courts have personal jurisdiction, only.
A substantive analysis of gender discrimination laws at both the state and federal level.
1 points
QUESTION 25
Refer to Legal Reasoning Fact Scenario V: Question V3Rapunzel’s concern regarding employment discrimination based on gender arose out of the following facts: Rapunzel learned that there was a long-standing practice at Tower Corporation of pay inequity. Male managers and assistant managers consistently made more money than female managers and assistant managers, even after accounting for experience, training, and seniority. Additionally, females were often passed over for promotions and an e-mail was discovered in which a senior executive at Tower Corporation told a personnel supervisor not to hire or promote women because they were too emotional. Moreover, Tower Corporation required that all managers be able to carry a 60 lb. bag, allegedly because managers sometimes had to help customers to their cars (although in actuality, no manager was ever called upon to do so.) This requirement prevented a significant percentage of female employees from being promoted to managerial positions at the company, although it only disqualified a small percentage of the male employees who sought promotion to Manager. Lastly, there were many documented cases where female employees were touched by their male colleagues in sexual ways at work, female employees were asked to perform sexual favors by their supervisors, and strippers routinely performed in the office at lunch time and immediately after the work day was concluded.Which legal issues can you identify based on the above facts?a.Only the allegation regarding pay inequity is a violation of anti-discrimination laws.
b.Only the allegation regarding disparate treament discrimination, where female employees are passed over for promotion (and may have impediments to being hired) simply because of their status as women, is a violation of anti-discrimination laws.
c.Only the allegations regarding quid pro quo sexual harassment, where a female employee feels that she must accept the sexual advances of a supervisor or risk firing, demotion, or loss of promotion, and hostile environment sexual harassment, where the enviroment at work is so sexually charged and uncomfortable that it interferes with a woman’s ability to perform the functions of her job appropriately, are violations of anti-discrimination laws.
d.All of the claims listed above raise legal issues and constitute potential violations of state and federal anti-discrimination in employment laws.
1 points
QUESTION 26
Legal Reminder W: Remember that contracts require that there be an offer, acceptance, and consideration. Contracts for illegal purposes are void (and, therefore, unenforceable.) Additionally, contracts entered into where one of the parties lacks capacity can also mean that the contract is unenforceable (minority, mental incapacity or insanity, intoxication are all examples of potential problems with capactiy; remember that generally capacity problems will make the contract voidable at the option of the person who lacks capacity – note that contracts with people for whom a guardian has been appointed are void, not voidable.) There are other circumstances that interfere with Genuiness of Assent (fraud, innocent misrepresentation, mutual mistake of material fact, duress, undue influence are all examples of problems with genuineness of assent)(which can also make a contract unenforceable.) It should also be noted that some contracts must be in writing to be enforceable. If there is a valid contract and it is enforceable, then the next question is whether there are any reasons why performance of the contract would be excused (frustration of purpose, impossibility of performance, and commercial impracticability are examples.) Next, we must look at whether the contract has been performed (substantial performance and the doctrine of cure-along with limitations to the remedy of cure-must be considered.) Lastly, if there has been a breach of the contract, then the damages should put the person in the position they should have been in had the contract been honored. Pay attention to the doctrine of specific performance, along with the importance of mitigation of damages and the limitations on consequential damages. Also, note the presence of third party rights (although remember that privity of contract ususally restricts rights and responsibilities of contract to the parties to the contract.)Refer to Legal Reminder W: Question W1:Assume that Red Riding Hood is now 18 years old. She promises to sell a basket of goodies to Mr. Woodsman for $40.00 to be delievered on Sunday on her way to Grandma’s house. If Red Riding Hood does not deliver the basket as promised and Mr. Woodsman has to pay Goldilocks $50.00 for a comparable basket of goodies to eat for his Sunday dinner, then he can bring a civil action against Red Riding Hood for $10.00. True False
1 points
QUESTION 27
If Mr. Wolf intentionally bit Grandma, causing significant pain and requiring stiches at the emergency room, then Grandma can sue Mr. Wolf in tort. Additionally, it is likely that Mr. Wolf will also face criminal charges. True False
1 points
QUESTION 28
Legal Reasoning Fact Pattern Q: Carl’s television stopped working just before the big game and he did not have enough money to purchase another television. He knew that a motel near his workplace had recently purchased very nice televisions for all of the rooms in the hotel. These television sets cost $1000.00 each, but the fair market value of the used television sets is only $200.00. Carl goes to the motel at 5 pm, opens the unlocked door of one of the rooms (which was rented out by a guest but was not currently occupied because the guest was at dinner with her Grandma who had Alzheimer’s), and enters the room. He then picks up the television and starts to take it out of the room, but then hears people coming, drops the television, and runs away. Carl is subsequently arrested and arraigned for burglary.Assume that the crime of burglary requires that the following elements must be met: Breaking and entering of a dwelling in the nighttime with an intent to commit a felon therein. Additionally, assume that felony larceny applies if the value of the property exceeds $250.00. Also assume that there are no cases that have interpreted the statute and no statutory definitions that apply.Refer to Legal Reasoning Fact Pattern Q: Question Q1:Assume that the Commonwealth is unable to prove beyond a reasonable doubt that Carl entered the motel room at 5 pm. There is conflicitng testimony that Carl was seen at the motel at 2 pm rather than 5 pm. What result?a.Carl can be found guilty of burglary, because the Commonwealth only needs to rpove a majority of the elements of a crime.
b.Carl can be found guilty of burglary, because the Commonwealth can show that he entered the motel room.
c.Carl cannot be found guilty of burglary, because the Commonwealth is unable to prove each of the elements of the crime.
d.Carl cannot be found guilty of burglary, because he did not leave the motel room with the television.
1 points
QUESTION 29
Refer to Legal Reasoning Fact Pattern Q: Question Q2:The facts which are most relevant to the issue of whether or not the motel room should be considered a dwelling are:a.The fact that Carl went into a room of a motel that was rented but not occupied.
b.The fact that Carl went into a room of a motel, only.
c.The fact that Carl went into the motel room of a guest who was having dinner with her Grandma who had Alzheimer’s.
d.The fact that Carl went into an unoccupied motel room, only.
1 points
QUESTION 30
Refer to Legal Reasoning Fact Pattern Q: Question Q3:Remember that you are to assume that there have been no cases or legislative attempts to interpret or define the various terms found in the elements of the crime of burglary. Focus on the element of burglary which requires that there be “intent to commit a felony therein.” What arguments could be made on both sides of the issue given the facts of the case?a.The only argument to be made is that since the television was purchased for $1000.00, then that shows that Carl intended to commit a felony therein.
b.The only argument to be made is that since Carl did not leave with the televsion, then the Commonwealth cannot prove that he intended to commit a felony therein.
c.In order to prove Carl’s intent, the Commonwealth would introduce evidence that his television was broken and that he could not afford a new one. The Defense attorney for Carl would argue that because the current fair market value of the television was only $200.00, then Carl could not have intended to commit a felony therein.
d.The arguments the Commonwealth would advance regarding Carl’s intent to commit a felony would focus on the value of the television when purchased, but it would also incorporate the fact that Carl’s television was broken and he could not afford a new television. Additionally, the Commonwealth would argue that Carl’s attempt to leave with the television was sufficient to establish intent. The Defense attorney for Carl would argue that the fair market value of the television was only $200.00, which would show that this theft was not a felony. Carl’s attorney would further argue that Carl’s inability to afford a replacement television is hardly evidence of intent to commit a felony and would further indicate that Carl’s failure to leave with the television was futher evidence that he did not intend to leave with the television.

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