Organization Development: B.R. Richardson Timber Products Corp Due In 3 Hours

 using the attached paper which needs some rewording, to avoid plagiarism, references/citations, subject headers?

Law
: Undergraduate
: Essay
: English (U.S.)
: 8 pages/2200 words
:APA5 sources
due in 3 hours
Can you turn the below assignment around in five hours or less?  Please let me know asap and I think I might have forgot to submit this assignment and it is due today and worth a lot of points – no grace period.  I will submit payment once confirmed.  Thank you for your help.

Option #2

The Portfolio Project is due at the end of Module 8. For the Portfolio Project, you will analyze and synthesize data acquired from the Integrative Case, B.R. Richardson Timber Products Corporation (pp. 750-763 of the textbook), and present the findings in a paper.

Your analysis will synthesize various topics and content that have been introduced throughout the course. You may also use content from prior Critical Thinking Assignments in the final Portfolio Project where applicable.

The paper will include:

  • An illustrative overview of the case study
  • Assessment of the diagnostic methods used or which should have been used
  • Analysis and feedback methods
  • Appropriate organizational development intervention options with the inclusion of general risk and value scenarios
  • Evaluation methods and planned changes
  • References of outside sources including academic sources

Additionally, address the following within your paper:

  • Describe the organizational design features – structure, HR processes, leadership present in the case study organization.
  • How would you assess Jack Lawler’s entry and contracting process at B.R. Richardson? Would you have done anything differently?
  • What theories or models would you use to make sense of the diagnostic data? How would you organize the information for feedback to Ben Richardson and Richard Bowman? How would you carry out the feedback process?
  • What additional information would you have liked Jack Lawler and his team to collect? Discuss what and why.

Your final paper must be 8-10 pages long, cite a minimum of five sources, and be formatted per the CSU-Global Guide to Writing and APA Requirements: subject headers, thesis statement, conclusion. The CSU-Global Library is a great place to find sources! Include a title page and reference list page as part of the final project (but not as part of the page count). Submit your final case study to the Week 8 Assignments page.

 
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CULTURAL AWARENESS PAPER

Formative Guidelines and Rubric1.html

Overview

In this assignment, you will look at Loden’s Wheel of Diversity factors and identify the pertinent information that frequently impacts interactions throughout the criminal justice system, specifically in relation to policing, courts, and corrections.

Prompt

In Modules Three and Four, you examined Loden’s Wheel of Diversity, which portrays the lens through which people process information and the assumptions it can lead to about others. These assumptions drive our own behaviors and can ultimately have a negative (or sometimes positive) impact on others. The wheel consists of five “Diversity Dimensions”: Personality, Internal, External, Organizational, and Era. Each dimension contains its own set of attributes or factors. While some factors are out of our control (e.g., internal dimension), others may change over time and are the basis for our decision making. Being able to identify these unique characteristics along with the specific dimension can help you gain a better understanding of the factors that influence our behaviors as well as the impact they have on interactions within the criminal justice system. This will also assist you as you consider individual biases in Project Two, which you will complete in Module Seven.

In this assignment, include the following:

Prevalent Factors

First, review Loden’s Wheel of Diversity.

  • Identify at least five factors you think would be most prevalent in influencing interactions within the criminal justice system.
    • Take careful note of which dimension each factor belongs to in order to determine whether or not it is within our control.

Identify Quotes: Sharanda Jones Case

Now that you have predicted which factors you think would be the most prevalent, you will need to identify quotes that provide evidence of each factor.

Additional Factors

Look over Loden’s Wheel again. What additional factors might influence interactions within the criminal justice system?

  • Identify at least three additional factors. Do not use the same factors you already identified.

Identify Quotes: Sharanda Jones/Other

  • Identify quotes from the Sharanda Jones case or other course resources that connect to each of the Loden’s Wheel factors you identified.
    • Note: You should have at least one quote (or specific information) to support each prevalent and additional factor you identified.

Reflect

Finally, consider the factors you chose and the quotes (or specific information) you found to support each factor. In one to two paragraphs, consider the following:

  • How easily did the quotes (or information) you found align to the factors you initially predicted?
  • Was it more difficult to find examples for certain factors? Why or why not?
  • Did you find multiple examples for any factors (even if you didn’t include those examples in your table)?
  • Why do you think it might have been easier to find examples for certain factors?

Specifically, the following rubric criteria must be addressed:

  1. Identify factors most prevalent in influencing interactions within the criminal justice system.
  2. Identify additional factors that might influence interactions within the criminal justice system.
  3. Identify quotes or specific information that connect to all Loden’s Wheel factors you identified.
  4. Reflect on the connection between the factors and the quotes or information you found.

Guidelines for Submission: This assignment must be completed using the Table Template document. All references should be cited in APA format. (For more information on APA style, review the Shapiro Library APA Style Guide.) Your reflection should be included in the same document in the reflection section.

Module Five Assignment One Rubric

Criteria Exemplary (100%) Proficient (85%) Needs Improvement (55%) Not Evident (0%) Value
Articulation of Response Exceeds proficiency in an exceptionally clear, insightful, sophisticated, or creative manner Clearly conveys meaning with correct grammar, sentence structure, and spelling Shows progress toward proficiency, but with errors in grammar, sentence structure, and spelling Submission has critical errors in grammar, sentence structure, and spelling 10
Prevalent Factors Exceeds proficiency in an exceptionally clear, insightful, sophisticated, or creative manner Identifies factors most prevalent in influencing interactions within the criminal justice system Shows progress toward proficiency, but with errors or omissions; areas for improvement may include identifying the correct number of factors Does not attempt criterion 15
Additional Factors Exceeds proficiency in an exceptionally clear, insightful, sophisticated, or creative manner Identifies additional factors that might influence interactions within the criminal justice system Shows progress toward proficiency, but with errors or omissions; areas for improvement may include identifying the correct number of factors or identifying additional factors to the ones previously identified Does not attempt criterion 15
Identify Quotes/Information Exceeds proficiency in an exceptionally clear, insightful, sophisticated, or creative manner Identifies quotes or specific information that connects to all Loden’s Wheel factors identified Shows progress toward proficiency, but with errors or omissions; areas for improvement may include identifying specific quotes or information or identifying quotes or information from the Sharanda Jones case Does not attempt criterion 30
Reflect Exceeds proficiency in an exceptionally clear, insightful, sophisticated, or creative manner Reflects on the connection between the factors and the quotes or information found Shows progress toward proficiency, but with errors or omissions; areas for improvement may include identifying areas of ease or difficulty Does not attempt criterion 15
Citations and Attributions Uses citations for ideas requiring attribution, with few or no minor errors Uses citation for ideas requiring attribution Uses citations for ideas requiring attribution, with major errors Does not use citations for ideas requiring attribution 15
Total: 100%

course_documents/CJ 120 Module Five Assignment One Table Template.docx

MP_SNHU_withQuill_Horizstack

CJ 120 Module Five Assignment One Table Template

 

Loden’s Wheel Factor Quote/Information
Prevalent Factors Sharanda Jones Case
1.  
2.  
3.  
4.  
5.  
Additional Factors Additional Resources
1.  
2.  
3.  
   

 

 

References:

 

 

 

Reflection:

 
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Bus 311 Business Law

Outline Instructions

 

Review the assignment instructions for the Final Paper in Week Five. Submit an outline for your Final Paper that includes the following:

1. Develop an introduction with a thesis statement for the Final Paper.

2. Create an outline of the major headings with a two- to three-sentence description of what you will discuss under each heading.

3. Provide a references page for the sources used in the Final Paper (the Final Paper has a minimum requirement of five scholarly sources).

· State the complete bibliographic citation for the scholarly source following APA guidelines.

Your outline must be two to three pages (excluding title and reference pages) and must be formatted according to APA style as outlined in the Ashford Writing Center.

 

Focus of the Final Paper You are the manager of Acme Fireworks, a fireworks retailer who sells fireworks, puts on ground display fireworks, and large aerial display fireworks. The company started in the owner’s garage two years ago and now has 15 employees that you manage. The company started as a sole proprietorship, and the owner has never changed the entity. The owner has informed you that the company has received inquiries from several large businesses wondering if the company could create several fireworks displays on a regular basis. The owner told the inquirers that the company could fill such display orders, and a price per display was agreed upon. It was discussed that most of the cost for a fireworks display is for skilled labor, insurance, and the actual service of setting off the fireworks. No other details were discussed. The owner is anticipating that new employees will need to be hired, but he is worried that if the large orders for fireworks displays do not continue, the company will not have the funds to pay the new employees. The owner is now considering changing the business entity, but he does not know what entity to form or how to form it. The owner has asked you to do the following:

· Determine if the contracts with the businesses will be governed by common law or the Uniform Commercial Code (UCC), and explain why.

· Analyze whether the owner formed a contract with the businesses, and apply the five essential elements of an enforceable contract.

· Explain the potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display.

· Discuss the different employment types and relationships relevant to agency law, and analyze the advantages and disadvantages of each type specific to Acme Fireworks.

· Explain why Acme Fireworks should not operate as a sole proprietorship. Recommend a new business entity, and provide rationale to support your recommendation.

For each task, be sure to analyze the relevant law, apply the facts to the law, and make a conclusion.

 
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Essay

References

7 Advantages of a Multicultural Workplace. (2016). Retrieved 23 September 2019, from https://www.nintex.com/blog/7-advantages-multicultural-workplace/

Adler, N. (1983). Organizational Development in a Multicultural Environment. The Journal Of Applied Behavioral Science19(3), 349-365. doi: 10.1177/002188638301900311

Atkinson, G. (2018). How principle-based management can stop your employees leaving. Retrieved 23 September 2019, from https://www.kalido.me/how-principle-based-management-can-stop-your-employees-leaving/?doing_wp_cron=1569263670.7650949954986572265625

Connerley, M., & Pedersen, P. (2005). Leadership in a diverse and multicultural environment. Thousand Oaks, Calif.: Sage Publications.

Gayk, R. (2010). Using Principle-Based Management. Retrieved 23 September 2019, from https://firerescuemagazine.firefighternation.com/2010/05/01/using-principle-based-management/#gref

Henderson, T. (2017). 11 Strategies For Achieving A More Diverse And Productive Work Environment. Retrieved 23 September 2019, from https://www.forbes.com/sites/forbescoachescouncil/2017/01/20/11-strategies-for-achieving-a-more-diverse-and-productive-work-environment/#de391a974d07

Importance of Ethical Leadership in Criminal Justice. (2017). Retrieved 23 September 2019, from https://online.lsua.edu/articles/criminal-justice/importance-of-ethical-leadership-in-criminal-justice.aspx

Kramer, L. (2018). Retrieved 23 September 2019, from https://legalbeagle.com/6386561-ethics-important-criminal-justice.html

Leonard, K. (2019). The Advantages of Multiculturalism in the Workplace. Retrieved 23 September 2019, from https://smallbusiness.chron.com/advantages-multiculturalism-workplace-15239.html

Reynolds, K. (2016). 5 Strategies for Promoting Diversity in the Workplace Hult Blog. Retrieved 23 September 2019, from https://www.hult.edu/blog/promoting-diversity-in-workplace/

Selart, M., & Johansen, S. (2010). Ethical Decision Making in Organizations: The Role of Leadership Stress. Journal Of Business Ethics99(2), 129-143. doi: 10.1007/s10551-010-0649-0

 
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Two Cases

Answer the questions for the two cases. Answers shouldn’t be long. Don’t copy and paste please. Read the cases and answer. Don’t go online to read. It is about your opinion and understanding.

 

These are the questions

 

CASE NAME: ____________________________

A.  Legal Cognizance

1.  Facts:

a.  Briefly describe the facts.

b.  Which facts were key to the outcome?

2.  Legal issue:

a. What legal issue(s) does this case illustrate (i.e. why is this case in the chapter)?

b. What are all of the elements of the main legal rule that this case illustrates?  For instance, if the case is about undue influence, list ALL of the elements that the court in this case said had to be proven by the plaintiff.

Repeat 2. for each issue raised.  (For example, a case may discuss 1. Whether there is an implied-in-fact contract, and II.  Whether the UCC or common law applied.  If so, you will repeat 2. for each of these two issues.)

B.  Expand Perspective, Gain Interpersonal Understanding, and Critically Assess Implications

3. Prevailing party’s point of view:

a.     What legal arguments were made by the prevailing party?

 

b.     What facts, legal reasoning, social policy, and ethical principles would support a ruling for the prevailing party?

 

c.     What were the probable motivations behind the prevailing party’s actions leading up to the dispute?  After the dispute?

Repeat 3. for each and every issue in the case.

4.  Losing party’s point of view:

a.   What legal arguments were made by the losing party?

b.   What facts, legal reasoning, social policy, and ethical principles would support a ruling for the losing party?

c.   What were the probable motivations behind the losing party’s actions leading up to the dispute?  After the                  dispute?

Repeat 4. for each and every issue in the case.

5.  Judge’s point of view:

a.  How did the court rule on each argument?

b.  What facts, legal reasoning, social policy, and ethical principles did the court use to support its ruling?

c.  What were the probable motivations behind the judge’s decision?

Repeat 5. for each ruling made by the judge.

C.  Find Recent Developments and Diverse Theories, Synthesize, and Compare

6.  Different Rules:  Pose the question “What if the court adopted a different legal rule?”  

a.     Search the web for other articles to refer to in your article or call an attorney or business professional who may have experience with this type of issue.  Write a brief one-paragraph summary of this case or article:

b.     Ponder and reflect to compare this case to recent news and cases.  This is the really cool part.  You will be thinking like a legally astute manager, owner, or professional as you read, analyze and compare cases to draw your conclusions.  Some neat ideas to help with your analysis:  If the outcomes of the recent cases you found are different, can you make sense of the different outcomes?  Are there different legal standards that make for different outcomes?  Is there a trend leaning more in favor of a plaintiff or defendant’s position?  Are the outcomes the same or different simply because the facts are similar or dissimilar?  What accounts for the same or different results?  Write your thoughts here:

 

D.  Creative, Application and Critical Thinking Questions

7.  Your point of view of the case in the book:

a. Do you agree or disagree with the actual outcome? Why or why not?

b. Change it up:  Pose the question “What if the facts were different?”  Create changes to the facts that would probably result in a different outcome of the case and, using critical thinking and legal reasoning, tell why your change in facts would make a difference.

c.   Relate the case to your own experience, if applicable, or to the experience someone else has shared with you.

d.      How will you apply the lessons from this case to your future career?

 

e.     Write recommendations to avoid future legal problems and that best suit the objectives of a firm or company in your chosen career field.

 
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For Ressearcher_D Only

Lesson Five: Test #5

Section One 20 points

Prepare the Notice of Appeal and the Cover Page for Sam Kant’s appellate brief that was assigned in Lesson Three. The trial court and the correct appellate court should be based on your jurisdiction.

Section Two 5 points

Explain the difference between an external memo of law and an internal memo of law.

Section Three 25 points

Brief any cases that you are planning on citing to in your appellate brief that was assigned in lesson 3. Refer to Statsky Chapter 7 for briefing opinions.

_________________________________________________________

Ten points

1) Post your responses to Assignment 12.3 , 12.4 , and 12.5 in Chapter 12 of Statsky.

2) List the proper sections of an appellate brief along with a general summary of the content and purpose/goal of each section.

________________________________________________________________________________________________

You can use either WestlawNext or Westlaw Classic to complete this assignment.

Objectives: A simple research process technique.

Directions: Read the following fact patterns

1. Your client, Dreamy McSteamy is a popular motocross driver known far and wide for his long black hair, dangerous dark eyes, and zebra-striped motorcycle emblazoned with a purple number 7. Recently, a movie studio released an animated children’s film featuring a handsome, smooth-talking, purple leopard-spotted motorcycle, with the number 7 prominently displayed on the gas tank. McSteamy wishes to file a claim against the studio on the grounds that the film’s “star” bears an uncanny likeness to McSteamy’s public image, and hence, violates his right of publicity.

i. Locate and correctly cite relevant secondary authority ii. Provide your exact search query – Include database id iii. State the legal issue/s involved after studying the information therein iv. Locate an on point case from an Oklahoma State Court v. Does the case appear to work for or against your client?

2. Fozze Bear, stands convicted for the heinous murder of Miss Piggy. Your supervising attorney is filing an appeal based, in part, on negative comments made by the prosecutor regarding Mr. Bear. Apparently, prosecution referred to the defendant as “evil-doer” and a “son of the Devil” during her closing arguments. On this issue, your office asserts prosecutorial misconduct. The respondent counter-argues that counsel for the defense opened the door to these characterizations when, in his own closing argument, he stated that, “certainly, whoever committed this act is a devil’s spawn.”

i. Locate and correctly cite relevant secondary authority ii. Provide your exact search query – Include database id iii. State the legal issue/s involved after studying the information therein iv. Locate an on point case from the 3rd Circuit of the US Court of Appeals v. Review the Court’s Holdings and the relevant headnote from the opinion. Does the case appear to work for or against your client?

3. Clair DeLoon was one of five current roommates in a house where tenants are continually moving in and moving out. An unknown past tenant vacated the premises, leaving behind a VCR and a collection of campy video tapes, frequently enjoyed by later groups of select tenants. When it came time for Clair to move on to more a more luxurious living space, she took the VCR and tape collection with her. One of the remaining tenants has filed a complaint with the police on the grounds that the items did not belong to Clair. Clair is being charged with theft.

i. Locate and correctly cite relevant secondary authority ii. Provide your exact search query – Include database id iii. State the legal issue/s involved after studying the information iv. Discuss the arguments supporting Clair’s conviction, as well as arguments that can be raised in her defense. v. Correctly cite one case supporting each of the arguments provided above.

 

Questions from TEST 4 for revision because of low grade:

 

Section Four

Please provide answers to Ex. 13.1 on pgs. 633 and 634 in Statsky.

Untitled:Users:ronwilliams:Desktop:13.1.JPG

Untitled:Users:ronwilliams:Desktop:13.2.JPG

 

(the assignment that was done last week) regarding section 5 of the TEST 20 points

Section Five A) Please state the issues, as they will be raised on appeal. It should reflect the error at law in the court’s conviction of Kant. Look to cases involving your statutory elements to refine the phrasing. The primary issue on appeal is the lack of requisite intent.

B) Secondary authority includes journals and law reviews, encyclopedias, ALR, etc. It does NOT include statutes or case law, even if the case law is merely persuasive. C) Please cite the criminal statute under which Kant would have been charged and list the relevant statutory elements. You have cited a statute from outside your state. In VA, you want to research and apply §18.2-103 D) The case you’ve cited is from AZ and is not mandatory authority in a VA court. Kant is appealing a criminal conviction. Locate, correctly cite and provide a summary of an appellate level opinion from VA that addresses the statute in C above:

Pull up the statute on Westlaw.

See Notes of Decisions [6] Nature and elements of offense; [3] Weight and sufficiency of evidence. Thanks, please place these revisions at the top of your to do list, as this will directly affect your ability to successfully complete Test 5

 

 

http://lscontent.westlaw.com/images/content/WLNCompareWL10.pdf

 

West Law Notes ADDITIONAL TO FINISH TEST 4 REVISON (the assignment that was done last week) regarding section 5:

Westlaw Notes for information

Some Common Database Identifiers:

CA-CS = California Cases (Substitute your state abbreviation)

CO-ST = Colorado Statutes (Substitute your state abbreviation)

NY-ST-ANN = New York Annotated Statutes (Substitute your state abbreviation)

American Law Reports = ALR

American Jurisprudence = AMJUR

American Jurisprudence Legal Forms = AMJUR-LF

Corpus Juris Secundum = CJS

West’s Legal Forms = WEST-LF

Accessing DIRECTORY:

· Note the extensive list of Secondary resources provided through this page.

· Note that clicking on the link provided frequently offers specific categories/topics that may or may not be relevant to your current search.

· Spend time investigating the “All Databases” option

· Note that you may access the “Find a Database Wizard” through this page.

· Utilize this whenever you do not know the correct database identifier

· Also utilize this to locate beneficial resources, of which you may not be aware

· Also utilize this to obtain definitions and gain access to Words and Phrases, which can provide additional search terms, understanding of legal issues, and relevant case law. All cases can lead to additional secondary resources.

Using KEYSEARCH:

· Note that this are arranged by topics and sub-topics. For example, you may easily be able to identify the major topic involved in your issue, but not pinpoint the issue itself. Keysearch allows you to begin there, and narrow it down.

· Note that it may prove extremely beneficial in discovering more effective phrases and terms to use in your Natural Language Queries

· Note that it provides you with a Terms and Connectors Query

· Note that it provides you with the Key Number System which can allow you to further refine your query and the resultant hits

Practical Application

Directory

· Choose your database accordingly. (eg. If you’re searching ALR, you must enter “ALR” in Search these Databases)

· You must select “Natural Language” – Terms and Connectors are the default setting

· Identify your search terms. Consider cause of action terms and phrases; issues; parties; phrases or terms that are likely to narrow down your hits.

· Remember to cartwheel your terms. Remember to use the Thesaurus next to your search box. Remember to look to other areas for additional terms (Keysearch; Words & Phrases, etc)

Keysearch

· Consider your Topic

· Select most appropriate sub-topic

· Remember that sub-topics are further broken down and indicated by a file folder icon

· Select your Source

· Remember that you can access secondary publications here, as well

· Remember that Keysearch provides a terms and connectors search for you, as well

· Note that sometimes the topics and sub-topics here can provide some help in identifying some search terms

 
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Business Law Ch6-10 MCQs Set 2

Questions
What is an irrevocable offer under the Uniform Commerce Code?
Under the Uniform Commerce Code, name three things that are required to expressed in a sales contract to satisfy the statute of frauds?
The provisions of the Uniform Commerce Code were drafted with the goal of promoting the what of a sales contract?
Name two factors that may indicate the formation of a contract under Article 2?
When one who is regularly engaged int he sale of a particular type of good offers to hold open an offer to sell the goods with an explicit promise in writing, this is a?
Under the Uniform Commerce Code, name two things that are not required to be expressed in a sales contract to satisfy the statute of frauds?
The Uniform Commerce Code’s statute of frauds requires which of the following contracts to be in writing in order to be enforced?
Miami Beach Surf Shop sends a purchase order to Beach Wear Manufacturing for 500 pairs of “Extreme Board Shorts” bathing suits by December 1. Beach Wear sends back an acknowledgement letter that includes an arbitration clause in the event of a dispute. It the arbitration clause part of the contract?
Miami Beach Surf Shop sends a purchase order to Beach Wear Manufacturing for 500 pairs of “Extreme Board Shorts” bathing suits by December 1. The purchase order contains an arbitration clause. Beach Wear sends back an acknowledgement letter for the merchandise. What is included in the terms of the contract?
Miami Beach Surf Shop sends a purchase order to Beach Wear Manufacturing for 500 pairs of “Extreme Board Shorts” bathing suits by December 1. Beach Wear sends back an acknowledgement letter that includes an arbitration clause in the event of a dispute. Which of the following are the terms of the contract?
The legal rules in the UCC that determine which party in a sales contract bears the financial burden in the case the goods are destroyed in transit are referred to as:
The legal term for the right of ownership of a good is?
On January 2, Laila University (LU) signed an agreement to purchase 1,000 baseballs from Regional Sports Equipment (RSE), and the parties agree that it is a destination contract. RSE arranges for the baseballs to be placed with a local delivery company with instructions for delivery to LU. While en route to LU, the delivery truck is in an accident, and the baseballs are dstroyed. Who had title at the time of the accident?
Unless the parties agree otherwise, the UCC characterizes any agreement for the sale of goods and delivery as a what contract?
When one party in a contract for the sale of goods has reasonable grounds to believe that another party will not perform, the UCC provides that party with the right to demand what of performance?
On January 2, Laila University (LU) signed an agreement to purchase 1,000 baseballs from Regional Sport Equipment (RSE). RSE arranges for the baseballs to be placed with a local delivery company with instructions for delivery to LU. While en route to LU, the delivery truck is in an accident, and the baseballs are destroyed. The parties do not have any express agreement as to risk of loss. Who had title at the time of the accident?
On January 2, Laila University (LU) signed an agreement to purchase and pick up 1,000 baseballs from Regional sports Equipment (RSE). RSE arranges for the baseballs to be marked “Sold” and placed in the RSE warehouse for pickup by LU’s athletic department crew. Before the LU truck arrives, the baseballs are stolen from the warehouse. Who had title at the time of loss?
Buyer and seller enter into a contract that provides for delivery of goods at the buyer’s place of business. The contract stated, “Seller assumes all risk until goods are delivered at destination.” The parties have entered into a what contract?
T/F: The case of Mattison v. Johnston held that competition is not a valid excuse to break a restrictive covenant that was created to avoid just such practices and that inducing someone to break a restrictive covenant is tortious conduct
T/F: Ms. Bobbin, your ethics teacher, is a first year professor, just out of school and she is very tough and demanding. You’ve done poorly on the first two tests and you think it’s her fault. Someone tells you that she has a criminal past and without verification, you spread this allegation. In fact, Ms. Bobbin has been a model citizen and never broken the law. As a result of your actions, she is put on probation pending an investigation. She cannot sue for defamation because as a professor, she is a public figure and your conduct was intentional but not a careless disregard of the truth or with malice
T/F: Sally is walking her 6 month old baby in a stroller. Mark, a stranger, looks into the stroller and says, “Wow, that’s one ugly baby.” Sally is furious and sues Mark for intentional infliction of emotional distress. She will likely lose
T/F: Jimmy is annoyed because his neighbor’s dog is constantly barking. He intentionally walks up to the dog in his neighbor’s yard and viciously kicks it. Jimmy is guilty of battery
T/F: Because there is no general duty to act or assist others, a store is not liable should they wash a floor and fail to notify the public of the slippery condition and someone is injured. Stores do it as a convenience to customers but not due to a legal duty
T/F: Mike is having coffee in a coffee house when he sees Jordan who is the dean of a Midwest business school. Mike used to teach at Jordan’s prior school and was considered a very valuable faculty member. They haven’t seen each other for years and Jordan has no idea what Mike has been doing or where he’s currently working. She tells him that she has a position for him if he’s interested. The next day Mike quits the university he’s under contract with and signs a contract with Jordan’s school. Jordan’s school can be sued for tortious interference with existing contractual relationship
T/F: Employers, in some states, enjoy an absolute privilege when giving employment references as long as the reference is factual and without malice
T/F: Brad is drunk and driving his car 20 miles over the speed limit. He hits Angelina who is crossing the street against a red light. Angelina has over $95,000 in medical bills and has significant pain and suffering. If Angelina sues in a state that still follows the theory of contributory negligence, she will get nothing
T/F: Professor Smith announces to his dean that the students in his noon class are the worst students that he has ever had and that they should never have been admitted to the school. The students are actually as qualified as any other students admitted to the school. The students may sue Professor Smith for slander
T/F: Disparagement has to do with industries, companies and corporations and not individuals
T/F: Bill has shoplifted at a local store stealing three mobile phones. The theft is not detected until store camera videos are examined later that afternoon. Store management has the right to go to Bill’s home and detain him until police arrive
T/F: Regarding defamation, a qualified privilege exists in courtrooms and legislative hearings
T/F: A party injured by another’s negligence but who is found to have committed comparative negligence, will recover nothing
The civil counterpart to theft is?
Assumption of risk is a defense to?
One who commits a tort is called the?
In Belanger v. Swift Transportation, Inc., after Belanger had an accident driving a company vehicle, the accident was reported to a government website. Belanger claimed that Swift acted with malice and lost any reference related privilege by reporting information to a third party website
Bill is a lab technician and in charge of safety inspections and injury prevention due to faulty equipment at a university chemistry lab. One morning, as a result of his inspection, Bill discovers a gas burner with a broken valve. Bill gets distracted and fails to put an “OUT OF ORDER/DO NOT USE” sign on the faulty burner. When the morning class arrives, Halle uses the faulty burner and is burned when it catches fire. Bill’s negligence is based on?
In which of the following situations would res ipsa loquiter likely apply?
Name three categories of torts
Santiago rents a boat slip at the Angler hotel dock based on misrepresentations by the manager that a full-time security guard was employed to watch the dock. One night the boat next to Santiago’s is burglarized. in a lawsuit against Angler Hotel for fraudulent misrepresentation who would prevail?
Pennsylvania passes a state statute that gives the right for any dairy farmer to sue any party who wrongfully defames milk produced in Pennsylvania. This is an example of a what statute
Alfredo owns a car dealership that competes with Hector’s. Cassandra is one of Hector’s best sales reps and is restricted by contract from working for any of Hector’s competitors for at least two years from termination. one day she becomes frustrated with her salary and quits. The next week, she goes to work for Alfredo. In a lawsuit against Alfredo who would prevail?
What element of defamation require the aggrieved party to be able to prove pecuniary (monetary) harm?
The law recognizes an absolute privilege defense to defamation claims against?
Jamal rents a locker at Moe’s Storage based on misrepresentations by the manager that a full-time security guard is employed to watch the storage lockers. One night, Jamal’s storage locker is burglarized. In a lawsuit against Moe’s Storage for fraudulent misrepresentation who would prevail?
Florida passes a state statute that gives the right for any citrus farmer to sue any party who wrongfully defames Florida-grown oranges. This is an example of a what statute?
Carmine owns an electronics store that competes with Kim’s/ Jeremy is one of Kim’s best sales reps, so carmine invites Jeremy to a lavish meal to discuss potential employment at her store. When Jeremy informs Carmine that he is restricted by contract from working for any of Kim’s competitors for aat least two years after termination, Carmine offers hime $5,000 to break the contract immediately and Jeremy begins work for carmine. in a lawsuit against Carmine who would prevail?
When a tortfeasor is willful in bringing about a particular event that caused harm, it falls into which category of tort?
The law does not recognize an absolute privilege defense to defamation claims against what?
Doug rented a space in Boswell’s Parking to store his trailer. One night, Doug’s trailer catches fire and is destroyed. After the fire, Doug learns about a brochure quoting the manager of Boswell’s Parking that a full-time security guard watched the lot at night; however, no such guard existed. In a lawsuit against Boswell’s Parking for fraudulent misrepresentation who would prevail
Idaho passes a state statute that gives the right for potato farmer to sue any party who wrongfully defames potatoes grown in Idaho. This is an example of a what statute
Keith provides consulting services to Troy Manufacturing. Mei-Ling has been trying to get Troy’s business for more than a year and finally offers to undercut Keither’s rates by 50 percent. After the Keith-Troy contract expires, Troy switches to Mei-Ling. In a lawsuit by Keith against Mei-Ling over the Troy account who would prevail?
If one party fails to act reasonably and causes harm to another party without any harmful intent, this category of tort is called?
Name two elements of negligence?
Green Grocer operates a supermarket. Niles is shopping in the supermarket and slips on a recently mopped floor. Green Grocer owes Niles which of the following special duties
Friendly Motel posted a sign near its pool “Danger–No lifeguard on duty. Pool closes at sunset.” Antonin sees the sign but takes a midnight swim anyway. He is injured when he hits his head on the bottom of the pool because no lights are on. In a negligence claim, which of the following is Friendly Motel’s best defense?
Name two elements of negligence
High End china operates a chain of kitchenware stores. Rockefeller is a guest at one of the stores and trips on a ripped rug near the cash register. High End China owes Rockefeller which of the following special duties?
Name three elements of negligence
Troy’s boss invites Troy and his colleagues to a dinner at his home. On the way up the walkway to his boss’s house, Troy falls on a step that was cracked. Troy’s boss owes him which of the following special duties?
T/F: Debtors may keep certain assets after they have filed for liquidation
T/F: An automatic stay halts all creditors’ collection actions except for ones brought by government agencies
T/F: The court cannot force creditors to agree to a reorganization plan even if it is fair, equitable, and feasible
T/F: Chapter 7 allows business entities to keep some exempt property
T/F: An individual filing for Chapter 7 may always keep their car
T/F: Creditors can force a company into bankruptcy proceedings
Whose only legal remedy is to bring a lawsuit against a borrower to try to recover the money loaned?
A petition for bankruptcy that is filed by creditors against a debtor is known as what type of filing?
A creditor with an interest in real property is called a/an:
What does going through the process of accord and satisfaction do?
The reorganization plan is unique to what type of bankruptcy filing?
Name the three requirements for undue hardship
What is the main difference between Chapters 7-11?
This bankruptcy chapter filing option liquidates the debtor’s property to repay creditors and discharge the debts
How is a debtor protected in bankruptcy from the moment of filing?
What businesses typically need a personal guarantee in order to receive a loan?
What is the name of the legislation that helps homeowners avoid foreclosure by offering certain guarantees when refinancing a mortgage?
Which chapter of the bankruptcy code is best thought of as temporary protection from creditors while a business goes through a planning process to pay creditors while continuing to do business?
Secured creditors require what (property, assets, or land) to secure the debt of a borrower
The most common form of unsecured credit is what?
Name two secured creditors
a secured creditor must what their security interest in the collateral in order to be fully protected under UCC Article 9
For small and mid-sized business ventures, a creditor will typically require a what from the principals of the business in order to help secure a business loan
Hawkings applies for a loan to fund a business project, but his credit score is very low and he has no collateral. he convinces his wealthy friend Ethan to cosign the loan. the bank requires Ethan to be primarily liable on the loan. Ethan is a what?
what is property, assets, orland used to secure the debt of a borrower
Hawkings applies for a loan to fund a business project, but his credit score is very low and he has no collateral. he convinces his wealthy friend Ethan to cosign the loan. Ethan agrees, as long as he is not premarily liable on the loan. Ethan is a what?
Hawkings applies for a loan to fund a business project, but his credit score is very low and he has no collateral. He convinces his wealthy friend Ethan to cosign the loan. Hawkings defaults and the bank pursues Ethan, even though they have not exhausted their remedies against Hawkings. Ethan is a what?
A(n) what business is when a business venture no longer has adequate assets or revenues to maintain its operations and can no longer pay its bills as they become due
Stafford starts a Web-based advertising business, but eventually he can no longer pay the company’s bills as they come due. He files a certificate with the state corporation bureau that indicates that he is no longer in business. Stafford chose which alternative available to insolvent businesses?
What is the most extreme form of bankruptcy because it requires the debtor to liquidate all of their property in order to pay creditors
Name two options that gives the debtor an automatic stay from attempts by creditors to collect a debt?
The bankruptcy court has the authority to force a reorganization plan upon creditors over their objection. This is known as the court’s what provision

 
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Criminal Justice

1CHAPTER

Learning Objectives: � To develop the ability to

understand the essence of good character.

� To distinguish between morals, values, and ethics.

� To recognize the concept of moral relativism.

� To understand the importance of critical thinking to ethics.

� To increase awareness of the connection between etiquette and ethics.

Recognizing Ethical Decisions Ethics and Critical Thinking

Suppose you are a parent, and you want your sonor daughter to marry a person who has at leastone exceptional quality. You can choose from incredible wealth, exceptional good looks, high intelligence, superior athletic skills, creativity, or extraordinary character. Which would you choose?

Virtually everyone would choose character first, which illustrates the fundamental importance people place on good character, despite the attention given to other skills and attributes in daily life. As seen on the news regularly, the other attributes are often wasted on people when good character is lacking.

1

Character is destiny. —Heraclitus (540–480 B.C.)

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2 Chapter 1 • Recognizing Ethical Decisions

Good character can be defined as consisting of three qualities:

• good principles (to guide actions), • conscience (to internalize those principles), and • moral courage (to act on them).1

Ethics are fundamental to character because they specify the guiding principles on which character is built.

Ethics are all around, yet people often fail to realize it. Recognizing ethical decisions when people make them is a fundamental first step in developing ethical awareness. Perhaps the only thing worse than an unethical decision is the failure to be aware of it!

WHAT ARE ETHICS, AND WHAT IS ETHICAL?

It’s fun to begin by trying to imagine behavior that’s morally neutral. Are there actions you can take that have no moral content and, therefore, lie outside the scope of ethics?

It turns out there are very few behaviors of this type. You can wear wrinkled clothes or clothes with holes in them. You can decide whether to get up early tomorrow morning. You can decide whether to say “hello!” to the toll collector on the highway, and you can decide not to brush your teeth today. These actions usually have no moral content (although long-term neglect of teeth, e.g., can affect your health and insurance costs and make you a bad role model for younger siblings, thereby incurring important personal and social consequences).

It is clear, however, that there are very few examples of actions that lack moral content. The vast majority of behaviors a person engages in have moral content and are included within the purview of ethics.

TO WHAT TYPES OF THINGS OR BEINGS SHOULD WE LIMIT THE DISCUSSION OF ETHICS?

Discussions of ethics are limited to human beings. Lower animals lack the capacity to reason, functioning by instinct rather than by freely willed choices between alternate courses of conduct (e.g., can a migratory goose choose not to fly south in winter?). In the classic film The African Queen, Humphrey Bogart’s character, Charlie, went out on a binge for an evening of drunken- ness and told Rosie the missionary (Katherine Hepburn) it was “only human nature.” She replied, “We were put on earth to rise above nature.” This exchange illustrates the responsibility of human beings for the rational and ethical exercise of their free wills.

Certain categories of human beings are exempt from discussions of ethics. People who are mentally ill and young children are traditional exceptions to criminal responsibility because of their inability to understand the consequences of their actions. For the same reason, they cannot be held to ethical standards, which also require the capacity to contemplate and comprehend the impact of one’s actions.

WHAT IS THE DIFFERENCE BETWEEN MORALS AND ETHICS?

Morals are good conduct; they constitute permissible behavior. Morals are the rules that prescribe proper action. Ethics is the study of morality, that is, the study and analysis of what constitutes good conduct (i.e., morals).

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Chapter 1 • Recognizing Ethical Decisions 3

Laws provide only the baseline or boundaries of civil behavior. Moral behavior requires more than the law requires (i.e., there are many legal actions that are immoral). Take the example of the cashier who mistakenly returns to you $20 in change after you make a pur- chase, when the actual amount returned should have been only $2. You have no legal obliga- tion to return the money, but there is a clear moral obligation to do so. A person of good character is one who engages consistently in moral conduct, regardless of what the law demands. Sometimes integrity is used to describe someone of good character, but it is more correct to say that a person of good character acts routinely in accord with the moral virtues (which are detailed in Chapter 2).

Ethics is central to criminal justice because morality is what distinguishes right from wrong—in differentiating the government’s moral authority to enforce the law from the immorality of the crime itself. In other words, “Only by being moral can criminal justice be distinguished from the very crime it condemns!”2

WHAT ARE VALUES?

Values are judgments of worth of attitudes, statements, and behaviors. Factual judgments (i.e., judgments based on facts) can be verified empirically through observations, whereas value judgments can be verified only through reason. Factual judgments describe something, whereas value judgments characterize it by making evaluative statements about it.

Sometimes it can be said that people claim one set of beliefs, whereas they actually endorse the opposite. For example, some preach love, nonviolence, hard work, family values, and self-discipline. However, others may glorify and act with hate and violence and praise luck and celebrity—things not worthy of glory or praise. The failure to recognize such misguided conduct makes people little more than billiard balls on the pool table of life. Each person controls his or her actions; each person must think about these actions and be responsible for them and their consequences.

WHY IS CRITICAL THINKING FUNDAMENTAL TO ETHICS?

Many things that are praised or rewarded in contemporary life are unworthy. Things that are portrayed as important (e.g., money, power, advantage) often promote unethical conduct by encouraging rash, selfish, or unlawful behavior. Critical thinking is the ability to evaluate viewpoints, facts, and behaviors objectively in order to assess the presentation of information or methods of argumentation to establish the true worth or merit of an act or a course of conduct.

Consider the case of the person who plans to host a Super Bowl football party at his house and decides he wants a large-screen plasma television for the party. Unfortunately, he cannot afford one, so he comes up with the idea of “buying” one using his credit card the week before the Super Bowl and then returning it to the store the week after the Super Bowl, claiming he “doesn’t like it” or it “takes up too much space.” Apparently, people have been doing this, and major electronic retailers are now charging restocking fees on returned products. Similarly, Best Buy stores have said that students bought laptop computers to write term papers and then returned the laptops. A camcorder was returned as defective, but the videotape left inside showed the camera had been dropped into a swimming pool.3 This behavior is not clearly illegal, but it is clearly unethical. An understanding of ethical principles applied critically to different scenarios helps individuals to discern clever ideas from immoral ones.

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4 Chapter 1 • Recognizing Ethical Decisions

Education in school has largely become the accumulation of facts. How to make decisions is not routinely taught (i.e., how to use facts in a principled way). Critical thinking involves the devel- opment of abilities to sort through facts intelligently, as well as half-truths, lies, and deceptive arguments, to determine the actual value of a statement, position, or behavior. Ethics takes critical thinking one step further by explicitly teaching methods of principled reasoning and responsibility for actions. Continued examination of one’s beliefs and actions is the only way to know all aspects and implications of a belief or action and whether that belief or action is still worth holding or doing. If people don’t challenge their own moral beliefs, others who do not agree with them will challenge them. Therefore, both critical thinking and ethical thought are crucial for proper behavior.

CAN MORALITY BE TAUGHT?

Morals and ethics are not acquired naturally; they must be taught. As has been said, “Character may determine our fate, but character is not determined by fate.”5 In fact, it’s hard to see another way to teach children. It is very inefficient and painful to teach only through experience. A lot of unneces- sary pain results from having to learn through bad decisions. Learning proper methods to make ethical decisions is necessary in order to avoid the pain of unethical conduct. It can be argued that moral values were more effectively transmitted 50 to 100 years ago than they are today. Religious beliefs (containing many ethical principles) have been marginalized by many; objections to “values” being taught in schools continue; and there is a decline of intact families and extended families, who often serve as effective role models for acceptable personal and social behavior.

Manners and etiquette are precursors to morals. Etiquette tells how people should interact with others in all social relations, whereas morals express ethical obligations toward others in behavior. Therefore, people who are ill mannered (e.g., rude, inconsiderate, self- centered) are also likely to engage in unethical conduct because of their selfish view of the world and failure to value the views or claims of others. America’s first president, George Washington, compiled a short book titled Rules of Civility and Decent Behavior in Company and Conversation (1744), which included a list of 110 maxims designed to polish manners and emphasize the important virtues. These maxims included “speak not evil of the absent, for it is unjust,” “undertake not what you cannot perform, but be careful to keep your prom- ise,” and “labour to keep alive in your breast that little celestial fire called conscience.”6

Many of these rules of etiquette refer to a state of mind and motivation, which underlie the principles for expectations of ethical conduct.

Ervin Staub conducted a study of altruism to answer the question, “Why did ordinary people risk their lives to protect Jews hiding from the Nazis during World War II?” He found that “heroes evolve, they aren’t born.” As such, he found people took early steps toward altruistic behavior and then began to see themselves differently. He concluded, “Goodness, like evil, often evolves in small steps.”7 His work suggests that ethical conduct probably proceeds in the same way, from smaller

ETHICS CHECKUP Too Much Nintendo

A 17-year-old sued Nintendo and Toys R Us, claiming she suffered repetitive motion injury in her wrist from 7 months of playing home videogames. She asked for more than $10,000 in damages, claiming Nintendo didn’t

warn of such injuries and that some physicians have referred to Nintendo-related injuries as “Nintendinitis.”4

On what principle(s) would you make a decision in this case? How is it related to ethics?

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Chapter 1 • Recognizing Ethical Decisions 5

acts to more consistent courses of conduct. In an analogous way, a study of students and counterfeit sunglasses discovered that students who knew they were wearing counterfeit glasses were more than twice as likely to cheat on a simple test, leading the researchers to conclude that a seemingly innocuous activity (like wearing fake clothing or sunglasses) has an impact on moral behavior.8

Therefore, small steps may be the path toward either ethical or unethical conduct. So does studying ethics guarantee ethical conduct? As ethicist Elizabeth Kiss writes,

“Character education is no panacea. By itself, it will not repair disintegrating schools, neighbor- hoods, or families, dry up the drug trade, or create jobs. But it can be an important part of efforts to invest in our children’s development and well-being.”9 Teaching and learning ethics certainly does not guarantee moral conduct in the future, but people who take classes in English or math may or may not become avid readers and use their mathematical knowledge, but that doesn’t make taking those courses any less worthwhile. Ethics provides the way to see that there is a greater purpose to life than self-interest. Familiarity with the principles of ethical conduct can “leave students with the understanding that they are moral agents, that they have moral responsibilities, that there are methods for evaluating and defending their own positions” on moral questions.10

WHAT IS MORAL RELATIVISM?

Moral relativism is the belief that morals can be different, but none are better than another. Moral relativism is synonymous with situational ethics, which holds that there are no universal moral standards. For example, infanticide was accepted in ancient Greece and in parts of today’s China, but it is immoral elsewhere. Are various social rules, traditions, and morality simply different, or can they be wrong?

Yes, they can be wrong; it is important not to confuse local habits and customs with human nature that is common to all humankind. Guiding human potential and action in a moral direction is the subject matter of ethics. The potential of human beings is specific to the species.11

Every society agrees that arbitrary killing is wrong and that property theft, assault, and other behaviors hurt the continuing existence of society. In fact, there is more general agreement about basic human values, human rights, and the universality of modern codes of conduct than we are sometimes led to believe. Those who say it is wrong to be judgmental about difficult questions of conduct are saying that all viewpoints have equal moral validity. This is not true, of course, and in many ways it is a cop-out, making no demands on you nor expecting anything from the conduct of others. Ethical relativism attempts to justify the way people behave, rather than focusing on how people ought to behave, which is the real subject matter of ethics.

Sometimes relativism is confused with tolerance. Tolerance accepts that there are moral principles, but people should not have the views of others imposed on them. Relativism sees nothing wrong with imposing views on others because there are no general principles (so nothing can be wrong). Clearly, true relativism is rare because nearly everyone believes that some things are morally wrong. Ethics provides principles for distinguishing acts that are morally right from those that are morally wrong.

In a similar way, ethics rejects the notion of “moral intuition,” where a person merely seeks out a “commonsense” position on ethical issues without referring to ethical theory or perspective. Without guiding principles, moral intuition can be misleading or provide no guidance at all (e.g., it is difficult to find a commonsense position on in vitro fertilization). Developing and following moral principles give human decision making both meaning and a dispassionate rationale. Objective moral rules help a person to recognize ethical decisions and to act on them with consistency and purpose.

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6 Chapter 1 • Recognizing Ethical Decisions

HOW CAN WE CHOOSE WHAT TO BELIEVE AND HOW TO ACT ETHICALLY?

A framework for making ethical decisions is needed. Such a framework begins with a search for universal principles. Many of these principles are based in religious traditions (e.g., Jewish, Christian, and Islam), where it is shown that persons of high moral character not only do what is right but they also do it for the right reasons. People value and respect those who do more than what is morally required (e.g., Mother Theresa, who created homes for the poor, dying, and unwanted around the world for more than 45 years).

Moral rules can also be derived independently of religious beliefs because desirable human conduct can be prescribed and achieved through application of rational principles. Certain actions can be seen as objectively right or wrong (a natural law), and people can choose between them as human beings. For example, societies agree that murder, theft, lying, and similar actions are immoral. Basic values are also necessary for society to work effectively (e.g., honoring con- tracts, respecting others). Therefore, moral rules are often associated with religious beliefs, but they can be derived through the application of independent rational principles as well.

Sometimes the following questions are asked: “Why be moral?” and “Why not simply pursue self-interest and grab whatever advantage you can?”

Actually, ethical behavior is often in our self-interest. There is happiness to be found in acts that benefit others, respect is accorded those who have high moral standards, freedom is found from succumbing to our basest desires, and living openly and cooperatively with others rather than secretively and fraudulently are among the many benefits of acting ethically. The benefits achieved by those who act unethically (e.g., taking unfair advantage, committing theft) are usually short-term gains that are either quickly exhausted, must remain secret, or are not easily shared, and they result in pain or penalty when the conduct becomes known.

The remainder of this book provides the basics of ethical thinking to guide individual decision making. Critical thinking exercises are provided throughout the book, so students can practice applying ethical principles to actual situations.

ETHICS IN BOOKS

Ethics is everywhere, even in the books we read, which sometimes are written without ethics specifically in mind. Here is a summary of such a book, followed by questions that ask you to reflect on the ethical connections.

The World According to Mister Rogers

Fred Rogers (Hyperion, 2003)

Fred Rogers was host of the public television program Mister Rogers’ Neighborhood for more than 30 years. It was a children’s program that appealed to adults as well, because Mr. Rogers spoke directly to the viewer in a calm, conversational tone about significant personal and social issues of concern to children and young people.

The book is comprised of short quotes from Mr. Rogers on the subjects of courage, love, discipline, and relationships with others (“we are all neighbors”). In one excerpt, he recounts a story from his childhood:

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Chapter 1 • Recognizing Ethical Decisions 7

“When I was a boy and I would see scary things in the news, my mother would say to me, ‘Look for the helpers. You will always find people who are helping.’ To this day, especially in times of ‘disaster,’ I remember my mother’s words, and I am

always comforted by realizing that there are still so many helpers—so many caring people in this world.”

In another quote, at the very end of the book, he observes, “So in all that you do in all of your life, I wish you the strength and the grace to make those choices which will allow you and your neighbor to become the best of whoever you are.”

Fred Rogers received honorary degrees from more than forty colleges and universities and was inducted into the Television Hall of Fame in 1999. He was also the recipient of the Presidential Medal of Freedom in 2002, the nation’s highest civilian award for exceptional public service. Fred Rogers died in 2003.

QUESTIONS

1. Can you offer an explanation based on ethics of why there always seems to be so many “helpers,” offering to assist and ease those suffering from disasters, whether they are man-made or natural disasters?

2. In the book’s final quote, why do you believe he says it takes “strength and grace” to make choices in life, rather than simply making ethical decisions?

ETHICS IN THE MOVIES

Movies seek to entertain and inform the audience about a story, incident, or person. Many good movies also hit upon important ethical themes in making significant decisions that affect the lives of others. Read the movie summary here (and watch the movie if you haven’t already), and answer the questions to make the ethical connections.

The Emperor’s Club

Michael Hoffman, Director (2002)

The Emperor’s Club tells the story of a classics teacher William Hundert (Kevin Kline) at a private school for boys, who fixes the result of an academic competition, allowing a well-connected student to get away with cheating, and how subsequent events change him, but not the student.

The teacher is clearly very talented and works to build character in his students: “a man’s character is his fate,” “how will history remember you?” The problem student,

Sedgewick Bell (Emile Hirsch), is a disrespectful rule violator, but the other boys think he is very cool. He is the son of a powerful U.S. senator, who seems to care little about his son but threatens him to do well in school.

The problem student does indeed improve greatly in school, and the teacher allows him to participate in the annual best final three competition conducted in a quiz show format—even though he actually finished fourth. During the competition, the teacher sees the student cheating, but the headmaster tells him to ignore it, and the teacher finds a way to make him lose the competition anyway.

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8 Chapter 1 • Recognizing Ethical Decisions

The movie then jumps forward 25 years, and the problem student is now a rich man running for senator, who wishes to give a large endowment to the private school on the con- dition there is a re-run of the competition in which he cheated and lost years earlier. The class is reassembled, the competition is replayed, and his former teacher finds he has cheated again—and does not let him win.

The film ends in unpredictable fashion, but the teacher learns that he will not succeed in reaching every student and is gratified by the response he received from his other former stu- dents. The film succeeds in portraying an excellent teacher who makes a mistake, and how that mistake plays out years later, as the former problem student appears to make the same mistake with his own son as his father did with him.

QUESTIONS

1. Was it ethical for the teacher to allow the student into the competition to reward his improvement even though he did not actually finish in the top three?

2. Was it morally permissible for the headmaster to ignore the cheating student (probably because his father was a powerful senator)?

Discussion Question

If the study of ethics does not guarantee ethical conduct, why do it?

Critical Thinking Exercises

All ethical decisions affect others (by definition), and ethi- cal decision making is achieved consistently only through practice. Even though the discussion of the principles of ethical decision making begins in Chapter 2, please respond to the following scenarios based solely on your ability to think critically. It will be interesting to see if your reasoning or answers change if you examine these first five critical thinking exercises after finishing this book!

Important note on method: Critical thinking requires the ability to evaluate viewpoints, facts, and behaviors objec- tively to assess information or methods of argumentation to establish the true worth or merit of an act or course of conduct. Please evaluate these scenarios, starting with analyzing pros and cons of alternate views, before you come to a conclusion. Do not draw a conclusion first, and then try to find facts to support it—this frequently leads to narrow (and incorrect) thinking.

To properly evaluate the moral permissibility of a course of action using critical thinking skills

1. Begin with an open mind (no preconceptions!), 2. Isolate and evaluate the relevant facts on both sides,

3. Identify the precise moral question to be answered, and 4. Apply ethical principles to the moral question based on

an objective evaluation of the facts, only then drawing a conclusion.

1.1 Teenagers and Drug-Sniffing Dogs

Drug use by teenagers is a fundamental fear of most parents. Coupled with images on the news, reports of government sta- tistics about rampant drug use, and periodic tragedies at schools around the country, most parents have been shown a clear link between drug use and tragedies of all kinds.

You are the parent of a teenager, who is showing all the signs of being a teenager. Your child is not very talk- ative to you, but is very talkative with friends; doesn’t want to be seen with you or the family at stores or on vacation; does not seem interested in being an “A” stu- dent anymore; has lousy taste in music; wears unattrac- tive clothing and hairstyles; and wants to get even more body parts pierced. These behaviors have not gone unno- ticed by you, and you fear that drug use might be at the root of it.

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Chapter 1 • Recognizing Ethical Decisions 9

You contact Detector Dogs against Drugs, one of a grow- ing number of private security firms in the United States that trains dogs and is licensed by the Drug Enforcement Administration to contract with schools, corporations, or parents to conduct dog-led searches of teenager’s rooms and lockers for drugs.12 The fee is $250 to $750 for the search, but you don’t know what some of today’s drugs look like or the places where your teenager might hide drugs in the house.

You wait for your teenager to leave for school one day to have the search conducted without his or her knowledge or presence. You don’t believe that confronting your teenager with your suspicions will be fruitful, and if the search turns up nothing, then you will know your fears are unfounded.

• Evaluate the moral permissibility of your Detector Dogs against Drugs search of your child’s room.

(Hint: You will find that in ethical scenarios, there are usually the interests of two competing parties to consider. You should evaluate them separately [i.e., the strengths and weaknesses of each side’s arguments] before drawing a conclusion.)

1.2 Sentenced to the Newspaper

Judges in several states are now permitted to sentence men who solicit prostitutes to buy ads in local newspapers to run their photos and the charges against them as a form of humiliation and shame. In some places, the names of the men can be placed on Web sites or even on a billboard.13

• Is such a sentence for soliciting prostitutes morally permissible?

(Hint: Here again it is necessary to comparatively assess the competing interests of the community [i.e., judge in sentencing] versus the interests of the offender.)

1.3 Brewing Up a Storm

An undercover police officer was on duty inside a bar con- ducting surveillance activities on crime suspects. The offi- cer bought a beer to maintain her cover.

Unbeknownst to the officer, buying the beer automati- cally qualified her for a contest sponsored by a beer com- pany. The grand prize winner would win a new car worth $20,000. It was later announced that the undercover offi- cer was the grand prize winner.

Her employer, the New York City Police Department (NYPD), believes the car should be turned over to the department because she bought the beer with department money and was on duty at the time.

The officer argues that the car should be hers because her employer did not require her to buy beer at the bar. She

merely had some good luck, and the department wishes to capitalize unfairly on her good fortune. The case was sent to the city’s Board of Ethics to settle the dispute.

• As a member of the Board of Ethics, how would you evaluate the competing claims of the officer and the NYPD?

• Would your answer be different if the undercover offi- cer walked into the bar and was awarded the new car for being the 10,000th customer inside the bar?

1.4 Internet Predator Sting

A number of local law enforcement agencies are working with Perverted-Justice.com, a private organization that re- ceived nationwide attention after assisting a television news program, Dateline, to run sting operations to catch men using Internet chat rooms to meet children for sex. Founded in 2003, the private organization claims to have done work with police resulting in more than 200 convictions of online predators thus far.

Perverted Justice’s volunteers pose as children online in Internet chat rooms. Very quickly, they receive private mes- sages from men of a sexual nature. If a man solicits sex, the volunteer works to obtain his phone number and address. In a phone call, a volunteer with a young-sounding voice sets up a meeting for a rendezvous. Law enforcement officials are brought in to make an arrest at the meeting location.

NBC television’s Dateline series is titled “To Catch a Predator,” which videotapes the men lured to locations around the country where they believe they are meeting a minor for sex. Perverted Justice sometimes telephones the men’s wives, girlfriends, employers, and neighbors, label- ing them as pedophiles. Only after the men apologize and enter counseling does Perverted Justice consider removing their information from their Web site.14

Supporters say the volunteer organization is a grassroots movement that is protecting children from online predators in a preventive way. Critics call it a vigilante effort that harasses suspects prior to their conviction and invades their privacy rights and also of those who know them or are related to them.

• Do you believe that police agencies should work with Perverted Justice?

• Can you identify the potential ethical issues in dealing with Internet predators in this way?

1.5 An Honest Golfer

On his twelfth hole of the first round of Qualifying School at Deerwood Country Club (a tryout required if one wishes to play on the PGA tour), professional golfer J.P. Hayes’

M01_ALBA5659_03_SE_C01.QXD 10/29/10 2:36 PM Page 9

 

 

10 Chapter 1 • Recognizing Ethical Decisions

caddie reached into his golf bag, pulled out a ball, and flipped it to Hayes, who missed the green with his tee shot. He then chipped on and marked his ball. It was then that Hayes realized the ball was not the same model Titleist with which he had started his round. That was in violation of the one-ball rule, which stipulates that a player must play the same model ball throughout a round.

The result is a two-stroke penalty on your final score. Hayes recovered well enough to put himself in position to finish in the top twenty and advance to the third and final round of Qualifying School. The top twenty-five finishers in that round earn exempt status for the entire 2009 PGA season and can play in all the tournaments.

Hayes then realized something else—not only did he play the wrong ball, he might have played a ball that wasn’t even approved for play at all. “It was a Titleist prototype, and somehow it had gotten into my bag,” he said. “It had

been four weeks since Titleist gave me some prototype balls and I tested them. I have no idea how or why it was still in there . . . I called an official in Houston that night and said, ‘I think I may have a problem.’ He said they’d call Titleist the next day. I pretty much knew at that point I was going to be disqualified.”15

It would have been easy to either do nothing or blame the caddy, but Hayes rose above both those temptations, putting all the blame on himself and asserting that every other professional golfer would have done exactly the same thing. Hayes already has more than $7 million in career earnings, but his action takes him off the PGA tour for a year until he can try to requalify next year, costing him some career stability and significant potential earnings.

• Evaluate the moral permissibility of Hayes’ decision to report on his own actions.

Key Concepts

Good character 2 Morals 2 Ethics 2

Values 3 Critical thinking 3

Etiquette 4 Moral relativism 5

Notes

1. Michael S. Josephson and Wes Hanson, Eds., The Power of Character (San Francisco: Jossey-Bass, 1998), p. 4.

2. Jeffrey Reiman, “Criminal Justice Ethics,” in P. Leighton and J. Reiman, Eds., Criminal Justice Ethics (Upper Saddle River, NJ: Prentice Hall, 2001), p. 2.

3. Chris Woodward, “Circuit City Tacks 15 Percent Fee on Some Returns,” USA Today (December 26, 1997), p. B3.

4. “Nintendo No-No,” USA Today (August 21, 1991), p. 3. 5. Michael S. Josephson, The Power of Character (San

Francisco: Jossey-Bass, 1998), p. 2. 6. George Washington, Rules of Civility and Decent

Behavior in Company and Conversation (1744) (Bedford, MA: Applewood Books, 1994), p. 20.

7. Ervin Staub, The Psychology of Good and Evil: Why Children, Adults, and Groups Help and Harm Others (London: Cambridge University Press, 2003), p. 55.

8. Francesca Gino, Michael I. Norton, and Dan Ariely, “The Counterfeit Self: The Deceptive Costs of

Faking It,” Psychological Science, vol. 21 (2010), pp. 712–720.

9. Elizabeth Kiss, “In Praise of Eccentricity,” in M. Josephson and W. Hanson, Eds., The Power of Character (San Francisco: Jossey-Bass, 1998), p. 335.

10. Vartan Gregorian, “Our Moral DNA,” in M. Josephson and W. Hanson, Eds., The Power of Character (San Francisco: Jossey-Bass, 1998), p. 115.

11. Mortimer Adler, Ten Philosophical Mistakes (New York: Scribners, 1985), p. 161.

12. Brendan I. Koerner, “Mom, A Dog Is Here Sniffing, Um, Oregano,” U.S. News & World Report (October 5, 1998), p. 62.

13. “Shame Works, So Use It,” USA Today (September 1, 2004), p. 8.

14. Jason Trahan and Chris Colgin, “Campaign against Child Sex Predators Draws Critics,” The Dallas Morning News (September 10, 2006).

15. Jay Busbee, “J.P. Hayes Is As Honest As We Like to Think We Are,” Devil Ball Golf (November 19, 2008).

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Ethics

1.Federico is in a financial dispute. He is trying to collect money for a project he completed, but the debtor does not want to pay the money owed to Federico. Which court that would most likely address this situation?

  • U.S. Bankruptcy Court
  • State Small Claims Court
  • U.S. Tax Court

2.Which legal school of thought is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
Alison: (She stands during David’s speech as if inspired but sits down once Bob starts talking.)
Bob: Right. Power to the people David. Anyone else hungry? (He tries to slowly move to the donuts and Joyce continues to defend them like a point guard.)
Lee: I have an idea that might address all of these issues. What if none of us have any of these donuts but instead we break up into teams and sell them to our coworkers for a profit? Instead of getting one or two donuts, we can stop on our way home and pick up a dozen of them each with our profits. In this case, we ignore the company stick-in-the-mud book regulations because, as you can see, we are obviously presented with some opportunities for a little economic development. Corporate rules here must bow to economic opportunity. If we let our rules block our prosperity, what kind of company will we become?
End Part 7

  • Command school of thought.
  • Sociological school of thought.
  • Law and economics school of thought.
  • Legal realism school of thought.

3.A law was recently passed in the city of Birmingdon that specifies a long list of restrictions on disposing of different kinds of waste material. The law is long, meticulous, and complicated, and many citizens do not understand all the points of the law or the purpose it is meant to fulfill. Citizens are commonly caught breaking the ordinance. Which law or principle of law will help defend them? Select the most relevant answer for this situation.

  • Equal Protection Laws
  • Procedural Due Process
  • Substantive Due Process
  • First Amendment

4.A television producer/director receives the following script designed to celebrate National Donut Day.  As she reads it, it brings to her mind some principles of jurisprudence she learned in her college business law class.

Help her out: Which legal school of thought is illustrated in this dialogue?

(The scene is a lunchroom or break room. There are at least three round tables visible and perhaps a vending machine, microwave, or refrigerator in the background. Of the three tables, no one is sitting at the center table as the scene opens.)

Karen: (She walks in carrying two big boxes of donuts and places them on the center table.) Allied Chemical just dropped these off to thank us for our work on the “Expressly Hair” project. Have fun. (She is unenthusiast. She shows absolutely no interest in the donuts and quickly leaves. Everyone else, except Alison, immediately stands. Alison is still showing an interest in the goodies but not moving toward them. Joyce immediately positions herself between the donuts and Bob.)

Bob: It’s a donut festival!

Joyce: (She moves to block and slow him, as if checking him in basketball.) Just wait a second! We have to first establish the rules.

Bob: Rules, in a donut festival?

Joyce: Yes rules. Last time donuts like these were brought in, Winfred got a broken nose and, once again, Alison didn’t get any. We aren’t animals. If we don’t slow down, someone is going to accidentally eat the cardboard again.

Bob: Oh, no. Here we go. Where’s the PowerPoint?

Joyce: There are guidelines in the employee handbook that have been developed over many years that detail out exactly what is to be done with these kind of employee gifts. (She opens a thick binder.) Nearly any scenario you can imagine has been detailed out in section 34 (b), including pastries from chemical companies. Practices and procedures have been set and we would be smart to follow them.

  • Natural law school of thought.
  • Critical legal studies school of thought.
  • Historical perspective school of thought.
  • Irrational forces perspective.

5.Sage files a complaint against Isabel, alleging that Isabel is responsible for damages to Sage’s property. Isabel thinks the allegations are ridiculous and doesn’t bother to respond to the complaint which she has been served. Which of the following is likely true?

  • A court can judge in Sage favor because Isabel is not bargaining in good faith.
  • A court will not open a case or post a judgment until Isabel chooses to respond.
  • A court can judge in Sage’s favor because Isabel seems to be constructively admitting to Sage’s allegations.
  • A court will judge in Isabel’s favor if it knows she thinks the charges are ridiculous.
  • 6.The federal government passes a law which targets one specific company even though it does not operate any differently from other local companies. Which law or principle of law is not being properly upheld?

Procedural Due Process

First Amendment

  • Substantive Due Process
  • 7. Casey is on trial under criminal allegations that she engaged in fraudulent behavior at the company she manages. She is worried when the plaintiff alleges that it has “unambiguous proof” that Casey is guilty. Which of the following is most likely true?
  • If the plaintiff meets a “clear and convincing” burden of proof, Casey will be found guilty.
  • Casey need not worry about the plaintiff’s evidence, since parties tend to boast about the level of proof they can establish anyway.
  • If the plaintiff provides proof only up to the level of “clear and convincing,” Casey can still be acquitted.
  • The plaintiff will most likely prove Casey is guilty, since criminal charges only need to meet a prima facie burden of proof.
  1. Bookmark question for laterDevon is accused of robbing a jewelry store and is summarily thrown in jail. Which law or principle of law will help Devon in this situation?
    • First Amendment
    • Procedural Due Process
    • Equal Protection Laws
    • Substantive Due Process
  2. Bookmark question for laterA new law is established in the town of Avery that promotes affirmative action employment for transgender and homosexual individuals. This law would be in pursuance of the tenets of the __________ school of jurisprudential thought.
    • Command
    • Law and Economics
    • Legal Realism
    • Irrational Forces
    • Sociological
  3. Bookmark question for laterAdelyn is in a financial dispute with her creditor. She wants to declare bankruptcy because she is finding herself unable to meet the requirements of paying off her debt. Which court that would most likely address this situation?
    • U.S. Bankruptcy Court
    • State Small Claims Court
    • U.S. Tax Court
  4. Bookmark question for laterThe government of Sharonville is deep in debt, and consequently enacts a city ordinance that requires citizens to do volunteer work for the city once per week. Such and act would be in accordance with the __________ school of jurisprudential thought.
    • Sociological
    • Law and Economics
    • Irrational Forces
    • Legal Realism
    • Command
  5. Bookmark question for laterWhich legal theory is illustrated in this dialogue?
    DONUT DAY AT THE OFFICE
    Part 3 
    Joyce: We had a lawsuit filed about this after the pastry rumble of 2017 and there was . . . oh yeah, I remember there were some specific rules that are detailed out in 34 (b), section 4.
    Bob: Those stupid rules were just made right after Winfred face-planted in the donuts when he slipped trying to get past Alison. They don’t apply here and now. There wouldn’t even be donut rules if he’d paid attention to his own big feet.
    End Part 3 

    • Irrational forces perspective.
    • Critical legal studies school of thought.
    • Historical perspective school of thought.
    • Natural law school of thought.
  6. Bookmark question for laterWhich of the following situations would most likely receive a change of venue?
    • A local teacher is taken to court after a video of him beating his students goes viral and is viewed by most people in town..
    • An employer who is accused of racially-discriminatory practices wants a change of venue when it finds out that the local venue judge is African-American.
    • A defendant in a case requests a change of venue because the location of the trial is inconveniently far away from the state where he lives.
    • A woman wants a change of venue when it appears that all jurors to the case will be male.
  7. Bookmark question for laterA law which promotes the opportunity for foreign workers to obtain employment, housing, and medical care regardless of their citizenship status would likely fall under which school of jurisprudential thought?
    • Irrational Forces
    • Legal Realism
    • Historical
    • Natural Law
    • Sociological
  8. Bookmark question for laterDixonville has had fundamentally the same demographics, economic system, and social structure for decades. In recent years these factors have begun to shift, causing many to call for new legislation and legal practices. Shifting the legal structure of Dixonville in order to account for the changes that are occurring would be in accordance with the __________ school of jurisprudential thought.
    • Irrational Forces
    • Legal Realism
    • Natural Law
    • Historical
    • Sociological
  9. Bookmark question for laterAfter a tragic event in which an armed intruder storms into a mall and fatally shoots several people, the city of Belmonte institutes a law that prohibits any form of weapon in public retail establishments. This reaction would be an example of following which school of jurisprudential thought?
    • Natural Law
    • Irrational Forces
    • Sociological
    • Legal Realism
    • Historical
  10. Bookmark question for laterWhich legal school of thought is illustrated in this dialogue?
    DONUT DAY AT THE OFFICE
    Part 5
    Derek: We need someone we can trust who can divide up the donuts. One set of rules and what we’ve done in the past can’t always be applied here. If we had an impartial judge or two in the mix, someone who doesn’t like donuts perhaps, they could take into account all of the changing factors impacting our donut sphere and make up rules that will bring glazed-happiness to all who they think need it.
    End Part 5

    • Critical legal studies school of thought.
    • Sociological school of thought.
    • Irrational forces perspective.
    • Legal realism school of thought.
  11. Bookmark question for laterThe federal government passes a law which a company, JuneCorp, feels unjustifiably discriminates against the company and harms its ability to operate. Under the strict scrutiny test, which of the following statements is true?
    • JuneCorp can contest the legality of the law if all three scrutiny tests determine that the law is necessary.
    • JuneCorp cannot contest the law because the government makes the laws and therefore has the final say.
    • JuneCorp cannot contest the legality of the law if only its finances are harmed.
    • JuneCorp can contest the legality of the law if the law doesn’t serve a state interest.
  12. Bookmark question for laterSally and Kirk are at odds over the details of a business contract. Neither of them wants to go to court, but they both refuse to make a compromise on the terms they expect from one another. Which of the following would most easily force them to a resolution?
    • Negotiation
    • Legally-binding arbitration
    • Legally-binding mediation
    • Non-binding arbitration
  13. Bookmark question for laterAnnie is an observer to a legal dispute between two of the tenants in a building she manages. She has documented information relevant to the case but prefers not to get involved in the dispute. Which of the following is true?
    • Annie can be required via subpoena to provide the information she has.
    • Annie can refuse any and all attempts by a court to involve her in the dispute.
    • Annie is required by Good Samaritan laws to put forth any information she has relevant to the case.
    • Annie cannot provide any information since her position as a manager precludes her ability to be unbiased.
  14. Bookmark question for laterWhich jurisprudential school of thought relies the most upon precedent in establishing law?
    • Historical
    • Natural Law
    • Irrational Forces
    • Legal Realism
    • Sociological
  15. Bookmark question for laterClaudia feels strongly against a law that was recently passed in her hometown. She proceeds to write letters to the local newspaper criticizing the effect of the law. She also marches up and down the sidewalk in front of city hall loudly publicizing her opinion. Which law or principle of law which is most relevant to this situation?
    • Procedural Due Process
    • Equal Protection Laws
    • Substantive Due Process
    • First Amendment
  16. Bookmark question for laterAn appeals court feels that a lower court has made an incorrect judgment concerning a civil law case. Which of the following would be the mostly reason to remand the case back to the lower court?
    • The appellate court is not interested in the case.
    • The appellate court wants the lower court to handle the case, since it is a civil rather than criminal case.
    • The appellate court wants to see more evidence before it can make an informed decision.
    • The appellate court found a mistake of law that occurred during the initial trial.
  17. Bookmark question for laterWhich legal school of thought is illustrated in this dialogue?
    DONUT DAY AT THE OFFICE
    Part 2
    Bob: Listen, donuts are made to bring joy into our lives and to wake up our glazed faculties. Just let them be distributed according to unchanging moral principles of justice. The donuts will distribute themselves according to natural principles.  We just take what we want and the leftovers will be appreciated by those who enjoy them most. Don’t overcomplicate this. Where’s the chocolate milk?
    End Part 2

    • Historical perspective school of thought.
    • Critical legal studies school of thought.
    • Irrational forces perspective.
    • Natural law school of thought.
  18. Bookmark question for laterClara is suing David because of a property dispute. Clara and David are from different states, so it is not readily clear which state has jurisdiction over this case. Which of the following is true?
    • Jurisdiction falls in David’s state of residence, since he is the one being summoned to court.
    • Jurisdiction depends solely on where the property – the focus of the dispute – is located.
    • Jurisdiction falls in Clara’s state of residence, since she is the plaintiff.
    • Jurisdiction can fall in whichever state has subject matter or personal jurisdiction, likely depending on which state Clara feels will give her a more favorable outcome for her case.
  19. Bookmark question for laterWhich legal school of thought is illustrated in this dialogue?
    DONUT DAY AT THE OFFICE
    Part 8
    (Just then Calvin, the fit CEO, comes jogging into the room with a water bottle in hand. He spots the donuts and shows his disgust.) Calvin: Why do people inflict such nasty, sugar-coated poison on all of us?! A healthy workplace is a happy workplace. (He takes both boxes of donuts, puts them in a small, dirty, battered trash can and steps on them to squash them down, making them suddenly inedible. He smiles at everyone as if they all agree that he has done them a great service.) That’s my job as CEO, to help everyone realize a long and happy life! Cheers! (He runs from the room as everyone looks on in stunned silence. After a couple of seconds Bob collapses on the floor next to the garbage can, looking at the destroyed donuts as if they were a long-lost love.)
    End Part 8 

    • Command school of thought.
    • Legal realism school of thought.
    • Sociological school of thought.
    • Law and economics school of thought.
  20. Bookmark question for laterWhich of the following situations would not substantiate proper standing to sue?
    • Aniesha wants to sue her neighbor Robert after she witnessed him steal someone else’s car.
    • TreesForDays, an environmental activist group, wants to sue a company dumping chemicals into a river in a different state.
    • Tyler wants to sue Kevin after Kevin harms Tyler’s sister in a car crash which leaves her sister in a coma.
    • Calvin wants to sue his sister after finding out she has been taking cash from the cash register at the family business.
  21. Bookmark question for laterLula thinks that people who discipline their children by spanking should be sent to jail and says she would be glad to go to jail if she was caught spanking her child. Which philosophy of ethics is applicable?
    • Social Justice Theory
    • Kantianism
    • Virtue Ethics
    • Utilitarianism
  22. Bookmark question for laterDetermine which moral standard of social responsibility the business is observing.
    Meg’s company decided to build an additional factory in a small community. When the community started a protest because of the negative impact the factory would potentially have, Meg’s company promised to prevent and pay for any negative impact to the community. It also offers to build a community park to balance out the negative impact the factory might cause.

    • Corporate Citizenship Moral Standard
    • Indeterminable
    • Profit-Maximizing Moral Standard
    • Stakeholder Theory Moral Standard
    • Moral Minimum Standard
  23. Bookmark question for laterAnthony votes in favor of a bill which would prevent people above a certain level of income from being able to purchase subsidized housing. Which philosophy of ethics is applies here?
    • Utilitarianism
    • Social Justice Theory
    • Virtue Ethics
    • Kantianism
  24. Bookmark question for laterRadcliffe is a college business professor with little education but extensive experience in business. A treaty negotiating the free trade of educational opportunities was just passed between Canada and the U.S., and it includes a condition that “all university professors must have at least a master’s degree in order to teach.” Which of the following is true?
    • Radcliffe no longer meets the qualifications to teach.
    • Radcliffe may not be restricted from teaching if his university has no rule concerning the need for a master’s degree.
    • Radcliffe may still teach as long as he only teaches in the U.S.
    • The treaty is only enforceable if it doesn’t conflict with state law in Radcliffe’s state.
  25. Bookmark question for laterDetermine which moral standard of social responsibility the business is observing.
    Vivian’s company is considering building a huge new department store in a small town. The community argues that the store will disrupt local commerce and harm local business owners. Vivian argues that the store will save money for customers and bring more jobs to the community. Assume both arguments are true.

    • Corporate Citizenship Moral Standard
    • Stakeholder Theory Moral Standard
    • Moral Minimum Standard
    • Profit-Maximizing Moral Standard
    • Indeterminable
  26. Bookmark question for laterMoira is ashamed to discover that her son stole an apple from the cafeteria and gave it to another student who had no lunch. She grounds him from watching TV as punishment. Which philosophy of ethics is applies here?
    • Virtue Ethics
    • Utilitarianism
    • Kantianism
    • Social Justice Theory
  27. Bookmark question for laterDetermine which moral standard of social responsibility the business is observing.
    Earl’s company wants to change the material it uses for its products to a cheaper, less-durable material. Processing the material causes more waste and the final products will not be as safe for customers, but the company will make more money overall.

    • Stakeholder Theory Moral Standard
    • Corporate Citizenship Moral Standard
    • Profit-Maximizing Moral Standard
    • Indeterminable
    • Moral Minimum Standard
  28. Bookmark question for laterNation A builds a new highway next to citizens’ properties. In the months following, littering as well as several highway accidents result in damage to the properties. The property owners want to sue the government for damages, but are restrained by:
    • Comity of Nations
    • Sovereign Immunity
    • Act of State Doctrine
  29. Bookmark question for laterNoraCorp wants to meet a moral minimum of ethical behavior in its operations. It is planning a merger with another company which would cause any or all of the following:
    I) Stock price will go up, positively impacting shareholders
    II) The company could build a new central headquarters, which would decrease nearby property values
    III) The company could fire 200 employees
    IV) The company could afford a new production facility, which would negatively impact the environment and landowners’ property.
    V) The company could offer higher-quality products to customers for lower cost, positively impacting customers.
    NoreCorp decides to move forward with the merger. All of the above events occur, but NoraCorp offers severance packages to the employees it fires and plans to compensate landowners for damages caused by the new production facility. Which of the following is true?

    • NoraCorp has exceeded its moral minimum requirements, meeting a “corporate citizenship” level of social responsibility.
    • NoraCorp has met its moral minimum requirements.
    • NoraCorp has not met its moral minimum requirements.
  30. Bookmark question for laterFinley wants to make as many people happy as possible. He steals from a greedy CEO in order to give money to a large number of poor people. Which philosophy of ethics is applicable?
    • Utilitarianism
    • Virtue Ethics
    • Kantianism
    • Social Justice Theory
  31. Bookmark question for laterCountry A and Country B have had an informal trading arrangement for many years wherein merchants on the border of the countries may freely trade goods without the restriction of fees. Which of the following is true?
    • Country A and Country B have a binding agreement to this arrangement under customary international law.
    • The government of Country A may not arbitrarily begin to charge fees for items brought in from Country B.
    • Country A and Country B have no binding agreement under customary international law.
    • More than one response is correct.
  32. Bookmark question for laterNation A is neighbors with Nation B. When an international crime lord who operates in both countries is captured by Nation A, it sentences him to a lifetime of heavy labor. Nation B wants to have the criminal executed, but it defers to Nation A’s judgment. Which principle of International Law is at play?
    • Comity of Nations
    • Sovereign Immunity
    • Act of State Doctrine
  33. Bookmark question for laterDetermine which moral standard of social responsibility the business is observing.
    Brad’s company has a smokestack that pollutes the air in a nearby community. When people begin complaining about the pollution, the company pays to have a stack scrubber installed on the smokestack to limit the pollution but does not respond to the community’s complaints.

    • Moral Minimum Standard
    • Stakeholder Theory Moral Standard
    • Corporate Citizenship Moral Standard
    • Profit-Maximizing Moral Standard
    • Indeterminable
 
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2 Discussions And Replies To The Students

Week 10 Discussion

“Information Security and Digital Crime and Terrorism” Please respond to the following:

· From the first e-Activity, identify one to two (1-2) potential ethical challenges that security professionals may face as technology advances, applications become more mobile, and computer criminals become more innovative. Speculate on one (1) solution that security professional could take in order to mitigate the challenge(s) in question. Justify your response.

· From the second e-Activity, among the three (3) definitions of cyber terrorism, give your opinion as to the one (1) definition that is the most accurate with regard to information security and infrastructure protection. Next, describe the impact that digital crimes and digital terrorism are likely to have in the future. Provide a rationale for your response.

 

 

Please also reply to the student

 

Latonya Walker

RE: Week 10 Discussion

· From the first e-Activity, identify one to two (1-2) potential ethical challenges that security professionals may face as technology advances, applications become more mobile, and computer criminals become more innovative. Speculate on one (1) solution that security professional could take in order to mitigate the challenge(s) in question. Justify your response.

A potential ethical challenge that security professionals may face as technology advances, applications become more mobil;e and computer criminals become more innovative is that most of the crime comes from the inside so they can cover up their tracks and know to avoid random audits. Also the ignorance of not knowing and leaving information carelessly in the wrong hands by leaving screens up without protection, losing a mobile device with links to sensitive documents, password protection and if working from home, not having enough security or backup. It is hard to speculate a solution that security professionals can take in order to migitate the challenges except to get in a routine. Like if you always lose your car keys one may get in the habit of putting them on a rack, so a routine can be innovated to boost security. As well as randomly performing audits and password changes.

· From the second e-Activity, among the three (3) definitions of cyber terrorism, give your opinion as to the one (1) definition that is the most accurate with regard to information security and infrastructure protection. Next, describe the impact that digital crimes and digital terrorism are likely to have in the future. Provide a rationale for your response.

One definition that i find is accurate is that there is no satisfactory definition because it changes and evolves. When you think of cyber crime it may start with the computer but ends in the homes and business of people. They may start with an income that is funding terrorist acts and then go to recruiting them and having the people to relocate. So it began by the computer but definitely expanded many different ways. The future will had more options and ways to commit crime, because the very people that produce the computer programs and the solutions for bugs, they are also the ones selling information  and leaking out the procedures. Working in the financial industry it involves a lo of trust and if you do not keep the people happy that holds your organization together, then you may be at risk.

 

 

Week 10 Discussion

“Organized Crime” Please respond to the following:

· From the e-Activity, analyze the primary manner in which organized crime may impact all areas in our lives. Next, based on the text, specify the main ways in which the government uses Racketeer Influenced and Corrupt Organizations Act (RICO) and Continuing Criminal Enterprise Statute (CCE) to combat global organized financial crimes like drug trafficking. Provide one (1) example of the use of RICO and CCE to support your response.

· Per the text, money laundering has been called the world’s third largest business. Discuss the overall impact that money laundering has had on the world’s financial systems. Next, give your opinion of whether or not the laws in place to combat such crime are efficient. Justify your response.

 

Please also reply to the student

Nicholas Mayfield

RE: Week 10 Discussion

It seems like the main way organized crime impacts the lives of everyone is the effect it has on the economy. Organized crime makes up a considerable portion of the worlds GDP (15%, according to the video), and the economy governs every type of consumer transaction. Criminal organizations tend to deal in either illicit goods (drugs and prostitution) or counterfeit goods. Counterfeit goods not only provide not only a source of income for criminals, but also have an impact on legitimate companies by hindering their ability to market their products. Illicit goods are nontaxable, and so are some of the methods of distribution of counterfeit goods, which causes a loss of revenue for governments. Criminal organizations also use tax avoidance as a source of income, such as selling untaxed cigarettes. The RICO act targets members of criminal organizations, and can be used to prosecute people who conspire to repeatedly commit criminal acts in consistent manner, regardless of the organizations structure. The example in the text of the criminals robbing night safe deposit boxes illustrates that, under the RICO act, a criminal enterprise does not have to have a designated leader. The CCE statute is used to prosecute those that enable a criminal enterprise to function. An example of this would be the basenesses that distribute counterfeit goods, such as the online pharmaceutical companies selling counterfeit medications.

The primary impact of money laundering is that it allows for other criminal activity to evade detection. The most concerning area of this is what we discussed last week, funding for terrorist organizations. It stands to reason that, when someone compiles large amounts of money and are unable to account for where it came from, they are likely to be involved in illicit activities. Although it could be argued that the tactics currently used to prevent money laundering aren’t sufficient, as a great deal of money laundering operations are still successful, it would seem that the laws in place are efficient, since they are commonly used to secure convictions. I would suggest that the best way to crack down on money laundering would be for law enforcement to come up with more efficient means of monitoring and detecting this activity, rather than putting new laws in place to punish those guilty of it.

 

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