Professional Documents
Culture Documents
Full Download PDF of Test Bank For Business Law and The Legal Environment Version 2.0 by Mayer All Chapter
Full Download PDF of Test Bank For Business Law and The Legal Environment Version 2.0 by Mayer All Chapter
Full Download PDF of Test Bank For Business Law and The Legal Environment Version 2.0 by Mayer All Chapter
https://testbankmall.com/product/solution-manual-for-business-
law-and-the-legal-environment-version-2-0-by-mayer/
https://testbankmall.com/product/test-bank-for-andersons-
business-law-and-the-legal-environment-21st-edition-by-twomey/
https://testbankmall.com/product/test-bank-for-business-law-and-
the-legal-environment-6th-edition-beatty/
https://testbankmall.com/product/test-bank-for-business-law-and-
the-legal-environment-standard-edition-8th-edition/
Andersons Business Law and the Legal Environment
Comprehensive Volume 23rd Edition Twome Test Bank
https://testbankmall.com/product/andersons-business-law-and-the-
legal-environment-comprehensive-volume-23rd-edition-twome-test-
bank/
https://testbankmall.com/product/andersons-business-law-and-the-
legal-environment-standard-volume-23rd-edition-twomey-test-bank/
https://testbankmall.com/product/andersons-business-law-and-the-
legal-environment-standard-22nd-edition-test-bank-david-p-twomey/
https://testbankmall.com/product/test-bank-for-essentials-of-
business-law-and-the-legal-environment-11th-edition-richard-a-
mann/
https://testbankmall.com/product/test-bank-for-the-legal-and-
regulatory-environment-of-business-16th-edition-by-reed/
8. According to Immanuel Kant, we should be able to universalize any particular law or action to
determine whether it is ethical.
True; Easy
9. If you have a right of free expression, the government has a duty to respect that right, but can put
unreasonable limits on it.
False; Easy
10. According to Michael Josephson, if there is no such decision that satisfies the greatest number of
core values, one should try to determine which decision delivers the greatest good to the various
stakeholders.
True; Easy
11. The agency problem in corporate governance is about how to get managers’ interests well aligned
with the shareholders’ interests.
True; Easy
14. According to most observations about corporations, ethics, and corporate culture, the best ethics
codes tend to be compliance driven.
False; Easy
15. “Conscious capitalism” integrates the viewpoints of stakeholder theory and shareholder primacy.
True; Easy
2. _____ describes what rule or principle, if followed regularly, will create the greatest good.
a. Deontology
b. Social justice
c. Rule utilitarianism
d. Social contract theory
e. Act utilitarianism
© 2017 2
4. Which of the following is true for the relationship between rights and duties in positive law?
a. If you have a right of free expression, the government has a duty to respect that right by
providing remedies that support that right.
b. Rights and duties exist a priori, using natural law.
c. Your right in legal terms is only as good as your family’s willingness to enforce the family’s
honor.
d. Your first amendment rights are superior to any other rights; the only duties for positive law
are to defend those rights as vigorously as possible.
e. If someone punches you in the nose, your rights as set forth in the negative law of the state
have been violated.
a; Moderate
© 2017 3
9. Which of the following is true with regard to the stakes of various stakeholders?
a. The financial value of the organization has no impact on the wealth of shareholders.
b. Some stakeholders can be economically dependent, even without an ownership interest.
c. Governments in the U.S. and Europe almost always have a direct economic link to
corporations.
d. Local communities never rely on the corporation for financial well-being.
e. Those stakeholders with no ownership in the organization have no particular interest in
whether the organization works in a socially responsible manner.
b; Moderate
11. According to the Sears Auto Center case, which of the following is true?
a. People at Sears resisted conflicts of interest by refusing to order work that was not necessary
for the good of the customer.
b. The customers were generally treated as ends, rather than as a means to individual and
corporate profit.
c. The key people were motivated by all the goals for the organization rather than maximizing
their own profits.
d. Taking advantage of customers was possible for some time because individual consumers
lacked the relevant information.
e. People generally choose long-term gains over short-term losses.
d; Easy
© 2017 4
13. _____ helps companies embrace the idea that profit and prosperity must go hand in hand with
social justice and environmental stewardship.
a. Social contract
b. Stakeholder theory
c. Conscious capitalism
d. Virtue ethics
e. Deontology
c; Easy
14. Hobbes and Locke are generally regarded as the preeminent _____ theorists.
a. stakeholder theory
b. shareholder primacy
c. social contract
d. conscious capital
e. virtue ethics
d; Easy
1. What are the frequent mistakes that people make in applying utilitarianism?
The mistakes that people make while applying utilitarianism are:
• Failing to come up with lots of options that seem reasonable and then choosing the one
that has the greatest benefit for the greatest number.
• Assuming that the greatest good for you or the company is in fact the greatest good for
all.
• Underestimating the costs of a certain decision to you or your company.
• Underestimating the cost or harm of a certain decision to someone else or some other
group of people.
• Favoring short-term benefits, even though the long-term costs are greater.
• Assuming that all values can be reduced to money.
Moderate
2. What factors led to noted American ethicist Michael Josephson’s core value analysis? What are
the core values identified by Josephson?
© 2017 5
© 2017 6
—— —— President of
—— Council, No. ——
—— —— Secretary.
FORM OF NOTICE
—— —— President of
—— Council, No. ——.
—— Secretary.
OUTSIDE.
OBLIGATION.
You do solemnly swear (or affirm) that you will never reveal
anything said or done in this room, the names of any persons
present, nor the existence of this society, whether found worthy to
proceed or not, and that all your declarations shall be true, so help
you God?
Ans.—“I do.”
Marshal.—Where were you born?
Marshal.—Where is your permanent residence?
(If born out of the jurisdiction of the United States, the answer
shall be written, the candidate dismissed with an admonition of
secrecy, and the brother vouching for him suspended from all the
privileges of the order, unless upon satisfactory proof that he has
been misinformed.)
Marshal.—Are you twenty-one years of age?
Ans.—“I am.”
Marshal.—Were you born of Protestant parents, or were you
reared under Protestant influence?
Ans.—“Yes.”
Marshal.—If married, is your wife a Roman Catholic?
(“No” or “Yes”—the answer to be valued as the Constitution of the
State Council shall provide.)
Marshal.—Are you willing to use your influence and vote only for
native-born American citizens for all offices of honor, trust, or profit
in the gift of the people, to the exclusion of all foreigners and aliens,
and Roman Catholics in particular, and without regard to party
predilections?
Ans.—“I am.”
INSIDE.
OBLIGATION.
OBLIGATION.
You, and each of you, of your own free will and accord, in the
presence of Almighty God and these witnesses, your left hand resting
upon your right breast, and your right hand extended to the flag of
your country, do solemnly and sincerely swear, that you will not
under any circumstances disclose in any manner, nor suffer it to be
done by others, if in your power to prevent it, the name, signs, pass-
words, or other secrets of this degree, except in open council for the
purpose of instruction; that you will in all things conform to all the
rules and regulations of this order, and to the constitution and by-
laws of this or any other council to which you may be attached, so
long as they do not conflict with the Constitution of the United
States, nor that of the State in which you reside; that you will under
all circumstances, if in your power so to do, attend to all regular signs
or summons that may be thrown or sent to you by a brother of this or
any other degree of this order; that you will support in all political
matters, for all political offices, members of this order in preference
to other persons; that if it may be done legally, you will, when elected
or appointed to any official station conferring on you the power to do
so remove all foreigners, aliens, or Roman Catholics from office or
place, and that you will in no case appoint such to any office or place
in your gift. You do also promise and swear that this and all other
obligations which you have previously taken in this order shall ever
be kept through life sacred and inviolate. All this you promise and
declare, as Americans, to sustain and abide by, without any
hesitation or mental reservation whatever. So help you God and keep
you steadfast.
(Each will answer “I do.”)
President.—Brother Marshal, you will now present the brothers to
the instructor for instructions in the second degree of the order.
Marshal.—Brother Instructor, by direction of our worthy
president, I present these brothers before you that you may instruct
them in the secrets and mysteries of the second degree of the order.
Instructor.—Brothers, in this degree we have an entering sign and
a countersign. At the outer door proceed (as in the first degree). At
the inner door you will make (two raps), and proceed as in the first
degree, giving the second degree pass-word, which is American,
instead of that of the first degree. If found to be correct, you will then
be admitted, and proceed (to the centre of the room), giving the
countersign, which is made thus (extending the right arm to the
national flag over the president, the palm of the hand being
upwards).
The sign of recognition in this degree is the same as in the first
degree, with the addition of (the middle finger), and the response to
be made in a (similar manner).
Marshal, you will now present the brothers to the worthy president
for admonition.
Marshal.—Worthy President, I now present these candidates to
you for admonition.
President.—Brothers, you are now duly initiated into the second
degree of this order. Renewing the congratulations which we
extended to you upon your admission to the first degree, we
admonish you by every tie that may nerve patriots, to aid us in our
efforts to restore the political institutions of our country to their
original purity. Begin with the youth of our land. Instil into their
minds the lessons of our country’s history—the glorious battles and
the brilliant deeds of patriotism of our fathers, through which we
received the inestimable blessings of civil and religious liberty. Point
them to the example of the sages and the statesmen who founded our
government. Implant in their bosoms an ardent love for the Union.
Above all else, keep alive in their bosoms the memory, the maxims,
and the deathless example of our illustrious Washington.
Brothers, recalling to your minds the solemn obligations which
you have severally taken in this and the first degree, I now
pronounce you entitled to all the privileges of membership in this the
second degree of our order.
OBLIGATION.
You, and each of you, of your own free will and accord, in the
presence of Almighty God and these witnesses, with your hands
joined in token of that fraternal affection which should ever bind
together the States of this Union—forming a ring, in token of your
determination that, so far as your efforts can avail, this Union shall
have no end—do solemnly and sincerely swear [or affirm] that you
will not under any circumstances disclose in any manner, nor suffer
it to be done by others if in your power to prevent it, the name, signs,
pass-words, or other secrets of this degree, except to those to whom
you may prove on trial to be brothers of the same degree, or in open
council, for the purpose of instruction; that you do hereby solemnly
declare your devotion to the Union of these States; that in the
discharge of your duties as American citizens, you will uphold,
maintain, and defend it; that you will discourage and discountenance
any and every attempt, coming from any and every quarter, which
you believe to be designed or calculated to destroy or subvert it, or to
weaken its bonds; and that you will use your influence, so far as in
your power, in endeavoring to procure an amicable and equitable
adjustment of all political discontents or differences which may
threaten its injury or overthrow. You further promise and swear [or
affirm] that you will not vote for any one to fill any office of honor,
profit or trust of a political character, whom you know or believe to
be in favor of a dissolution of the Union of these States, or who is
endeavoring to produce that result; that you will vote for and support
for all political offices, third or union degree members of this order
in preference to all others; that if it may be done consistently with
the constitution and laws of the land, you will, when elected or
appointed to any official station which may confer on you the power
to do so, remove from office or place all persons whom you know or
believe to be in favor of a dissolution of the Union, or who are
endeavoring to produce that result; and that you will in no case
appoint such person to any political office or place whatever. All this
you promise and swear [or affirm] upon your honor as American
citizens and friends of the American Union, to sustain and abide by
without any hesitation or mental reservation whatever. You also
promise and swear [or affirm] that this and all other obligations
which you have previously taken in this order, shall ever be kept
sacred and inviolate. To all this you pledge your lives, your fortunes,
and your sacred honors. So help you God and keep you steadfast.
(Each one shall answer, “I do.”)
President.—Brother Marshal, you will now present the brothers to
the instructor for final instruction in this third degree of the order.
Marshal.—Instructor, by direction of our worthy president, I
present these brothers before you that you may instruct them in the
secrets and mysteries of this the third degree of our order.
Instructor.—Brothers, in this degree as in the second, we have an
entering pass-word, a degree pass-word, and a token of salutation. At
the outer door (make any ordinary alarm. The outside sentinel will
say U; you say ni; the sentinel will rejoin on). This will admit you to
the inner door. At the inner door you will make (three) distinct
(raps), Then announce your name, with the number (or name) and
location of the council to which you belong, giving the explanation to
the pass-word, which is (safe). If found correct, you will then be
admitted, when you will proceed to the centre of the room, and
placing the (hands on the breast with the fingers interlocked), give
the token of salutation, which is (by bowing to the president). You
will then quietly take your seat.
The sign of recognition is made by the same action as in the second
degree, with the addition of (the third finger), and the response is
made by (a similar action with the left hand).
(The grip is given by taking hold of the hand in the usual way, and
then by slipping the finger around on the top of the thumb; then
extending the little finger and pressing the inside of the wrist. The
person challenging shall say, do you know what that is? The answer
is yes. The challenging party shall say, further, what is it? The
answer is, Union.)
[The instructor will here give the grip of this degree, with
explanations, and also the true pass-word of this degree, which is
(Union).]
CHARGE.
The American convention met the next day after the session of the
National Council of the Order, on the 22d February, 1856. It was
composed of 227 delegates; all the States being represented except
Maine, Vermont, Georgia and South Carolina. Hon. Millard Fillmore
was nominated for President, and Andrew J. Donelson for Vice-
President.
The Whig Convention met at Baltimore, September 17, 1856, and
endorsed the nominations made by the American party, and in its
platform declared that “without adopting or referring to the peculiar
doctrines of the party which has already selected Mr. Fillmore as a
candidate” * * * Resolved, that in the present exigency of political
affairs, we are not called upon to discuss the subordinate questions
of the administration in the exercising of the constitutional powers of
the government. It is enough to know that civil war is raging, and
that the Union is in peril; and proclaim the conviction that the
restoration of Mr. Fillmore to the Presidency will furnish the best if
not the only means of restoring peace.
The first National Convention of the new Republican party met at
Philadelphia, June 18, 1856, and nominated John C. Fremont for
President, and William L. Dayton for Vice-President. Since the
previous Presidential election, a new party consisting of the
disaffected former adherents of the other parties—Native and
Independent Democrats, Abolitionists, and Whigs opposed to slavery
—had sprung into existence, and was called by its adherents and
friends, the Republican party.
This convention of delegates assembled in pursuance of a call
addressed to the people of the United States, without regard to past
political differences or divisions, who were opposed to the repeal of
the Missouri Compromise. To the policy of President Pierce’s
administration: To the extension of slavery into free territory: In
favor of the admission of Kansas as a free State: Of restoring the
action of the federal government to the principles of Washington and
Jefferson.
It adopted a platform, consisting of a set of resolutions, the
principal one of which was: “That we deny the authority of Congress,
of a territorial legislature, of any individual, or association of
individuals, to give legal existence to slavery in any territory of the
United States, while the present Constitution shall be maintained.”
And closed with a resolution: “That we invite the approbation and
co-operation of the men of all parties, however different from us in
other respects, in support of the principles herein declared; and
believing that the spirit of our institutions, as well as the Constitution
of our country, guaranties liberty of conscience and equality of rights
among citizens, we oppose all legislation impairing their security.”
The Democratic Convention, met at Cincinnati, in May 1856, and
nominated James Buchanan for President, and John C. Breckenridge
for Vice-President. It adopted a platform which contained the
material portions of all its previous platforms, and also defined its
position on the new issues of the day, and declared (1) that the
revenue to be raised should not exceed the actual necessary expenses
of the government, and for the gradual extinction of the public debt;
(2) that the Constitution does not confer upon the general
government the power to commence and carry on a general system
of internal improvements; (3) for a strict construction of the powers
granted by the Constitution to the federal government; (4) that
Congress has no power to charter a national bank; (5) that Congress
has no power to interfere with slavery in the States and Territories;
the people of which have the exclusive right and power to settle that
question for themselves. (6) Opposition to native Americanism.
At the election which followed, in November, 1856, the Democratic
candidates were elected, though by a popular minority vote, having
received 1,838,160 popular votes, and 174 electoral votes, against
2,215,768 popular votes, and 122 electoral votes for John C.
Fremont, the Republican candidate, and Mr. Fillmore, the Whig and
American candidate.
The aggregate vote cast for Mr. Fillmore, who was the nominee on
both the Whig and American tickets, was 874,534, and his electoral
vote was eight; that of the State of Maryland. This was the last
national election at which the Whigs appeared as a party, under that
name; they having joined with the American and with the
Republican parties, and finally united with the latter after the
downfall and extinction of the former. In the State elections of that
year, (1856) the American party carried Rhode Island and Maryland;
and in the 35th Congress, which met in December, 1857, the party
had 15 to 20 Representatives and five Senators. When the 36th
Congress met, in 1859, it had become almost a border State or
Southern party, having two Senators; one from Kentucky and one
from Maryland; and 23 Representatives, five from Kentucky, seven
from Tennessee, three from Maryland, one from Virginia, four from
North Carolina, two from Georgia, and one from Louisiana. The
American party had none of the elements of persistence. It made
another desperate effort, however, in the next Presidential campaign,
but having failed to carry the South, disappeared finally from
politics.
The new Republican party polled a very large vote—1,341,234 out
of a total vote of 4,053,928—and its candidates received 114 votes out
of 296, in the electoral college; having secured majorities in all the
free States, except Illinois, Indiana, Pennsylvania, New Jersey and
California.
The successful candidate, Mr. James Buchanan, was duly
inaugurated as President of the United States, and entered upon the
discharge of his duties as such, March 4, 1857.
After the election of November, 1856, the Republican Association
of Washington issued an address to the people, in which the results
of the election were examined, and the future policy of the party
stated. It is an interesting paper, as laying the foundation of the
campaign of 1860, which followed, and is here given in full:
“Republican Association of Washington.
“The Presidential contest is over, and at last we have some materials to enable us
to form a judgment of the results.
“Seldom have two parties emerged from a conflict with less of joy in the victors,
more of hope in the vanquished. The pro-slavery party has elected its Presidential
candidate, only, however, by the votes of a minority, and that of such a character as
to stamp the victory as the offspring of sectionalism and temporary causes. The
Republicans, wherever able to present clearly to the public the real issue of the
canvass—slavery restriction or slavery extension—have carried the people with
them by unprecedented majorities; almost breaking up in some States the
organization of their adversaries. A sudden gathering together of the people,
alarmed at the inroads of the slave power, rather than a well organized party, with
but a few months to attend to the complicated details of party warfare; obstructed
by a secret Order, which had pre-occupied the field, and obtained a strong hold of
the national and religious prejudices of the masses; opposed to an old party,
commencing the canvass with the united support of a powerful section, hardened
by long party drill, accustomed to victory, wielding the whole power of the federal
administration—a party which only four years ago carried all but four of the States,
and a majority of the popular vote—still, under all these adverse circumstances,
they have triumphed in eleven, if not twelve of the free States, pre-eminent for
enterprise and general intelligence, and containing one-half of the whole
population of the country; given to their Presidential candidate nearly three times
as many electoral votes as were cast by the Whig party in 1852; and this day control
the governments of fourteen of the most powerful States of the Union.
“Well may our adversaries tremble in the hour of their victory. ‘The Democratic
and Black Republican parties,’ they say, ‘are nearly balanced in regard to power.
The former was victorious in the recent struggle, but success was hardly won, with
the aid of important accidental advantages. The latter has abated nothing of its
zeal, and has suffered no pause in its preparations for another battle.’
“With such numerical force, such zeal, intelligence, and harmony in counsel;
with so many great States, and more than a million voters rallied to their standard
by the efforts of a few months, why may not the Republicans confidently expect a
victory in the next contest?
“The necessity for their organization still exists in all its force. Mr. Buchanan has
always proved true to the demands of his party. He fully accepted the Cincinnati
platform, and pledged himself to its policy—a policy of filibustering abroad,
propagandism at home. Prominent and controlling among his supporters are men
committed, by word and deed, to that policy; and what is there in his character, his
antecedents, the nature of his northern support, to authorize the expectation that
he will disregard their will? Nothing will be so likely to restrain him and counteract
their extreme measures, as a vigorous and growing Republican organization, as
nothing would be more necessary to save the cause of freedom and the Union,
should he, as we have every reason to believe, continue the pro-slavery policy of
the present incumbent. Let us beware of folding our arms, and waiting to see what
he will do. We know the ambition, the necessities, the schemes of the slave power.
Its policy of extension and aggrandizement and universal empire, is the law of its
being, not an accident—is settled, not fluctuating. Covert or open, moderate or
extreme, according to circumstances, it never changes in spirit or aim. With Mr.
Buchanan, the elect of a party controlled by this policy, administering the
government, the safety of the country and of free institutions must rest in the
organization of the Republican party.
“What, then, is the duty before us? Organization, vigilance, action; action on the
rostrum, through the press, at the ballot-box; in state, county, city, and town
elections; everywhere, at all times; in every election, making Republicanism, or
loyalty to the policy and principles it advocates, the sole political test. No primary
or municipal election should be suffered to go by default. The party that would
succeed nationally must triumph in states—triumph in the state elections, must be
prepared by municipal success.
“Next to the remaining power in the states already under their control, let the
Republicans devote themselves to the work of disseminating their principles, and
initiating the true course of political action in the states which have decided the
election against them. This time we have failed, for reasons nearly all of which may
be removed by proper effort. Many thousand honest, but not well-informed voters,
who supported Mr. Buchanan under the delusive impression that he would favor
the cause of free Kansas will soon learn their mistake, and be anxious to correct it.
The timid policy of the Republicans in New Jersey, Pennsylvania, and Indiana, in
postponing their independent action, and temporizing with a party got up for
purposes not harmonizing with their own, and the conduct of Mr. Fillmore’s
friends in either voting for Mr. Buchanan, or dividing the opposition by a separate
ticket, can hardly be repeated again. The true course of the Republicans is to
organize promptly, boldly, and honestly upon their own principles, so clearly set
forth in the Philadelphia platform, and, avoiding coalitions with other parties,
appeal directly to the masses of all parties to ignore all organizations and issues
which would divert the public mind from the one danger that now threatens the
honor and interests of the country, and the subtlety of the Union—slavery
propagandism allied with disunionism.