Kant condemned Utilitarian ethics as an immoral ethical theory most strongly because

| November 9, 2018

Kant condemned Utilitarian ethics as an immoral ethical theory most strongly because:It is difficult to predict the consequences of an action.It is difficult to measure quantities of consequences.It is difficult to ascertain the qualities of consequences produced by an action.It can treat human beings as means or instruments in order to achieve a greater good.An Act Utilitarian most likely would:Focus on broad and general categories of actions in doing the Utilitarian analysis.Focus on narrow, concrete, and factual actions in doing the Utilitarian analysis.Focus on legislative acts.Focus on an act to see if it passes the Categorical Imperative test.Which of the following is FALSE about Socrates?a.He believed that there was universal, objective, and permanent truth to ethics and morality.b.He believed along with the Sophists that virtue comes from having money and the best reputation that money can buy.c.His Socratic Method contained an important element of inductive reasoning and argumentation.d.He equated virtue with knowledge.Which of the following is a false statement?A.Utilitarianism has its origins in the works of Jeremy Bentham and John Stuart Mill.B.Utilitarianism requires taking the course of action that provides at least some good for some people or otherwise not acting at all.C.One problem with the Utilitarian ethical theory is the difficulty of objectively measuring the good and the bad that would be produced by putting an action into effect.D.Kantian ethics is based on reason-based, universal “rules” that require that in similar situations people should be treated alike.Norman’s best criticism of Utilitarianism is that itRequires a prediction of consequencesRequires a measuring and weighing of consequencesIs difficult to determine what a particular society’s moral norms areCan legitimize morally pain and suffering if a greater good is achieved.Which of the following is a correct statement?The third test of Kant’s Categorical Imperative – the Agent-Receiver test – allows people to exempt themselves from moral rules if there are extenuating business circumstances.One is acting morally, according to Kant, when one seeks to maximize the happiness of oneself.One problem with Kantian ethics is that two secondary moral rules can pass the supreme test of the Categorical Imperative, yet the rules can conflict.An ethical system that emphasizes the consequences of a decision is known as a deontological or duty-based one.Which statement is FALSE about Ethical Egoism?a.The doctrine contains an arbitrating principle to justly decide cases of conflict wherein two egos collide in wanting the same thing.b.As a general rule, an ethical egoist would advise that it is better to treat people well and with respect than to abuse and belittle them.c.As a general rule, an ethical egoist would advise that one should be prepared to undergo some short-term pain and sacrifice in order to obtain greater long-term gain.d.Machiavellian “ethics” is an egoistic ethics for the person with a big ego and “princely” ambitions.What is FALSE about the ethical theory of Utilitarianism?A.It is an egalitarian ethical theory since everyone’s pain and pleasure gets counted.B.There is no need to predict the consequences of an action since only the form of the action is to be evaluated pursuant to Utilitarianism.C.The consequences of an action must be examined beyond the impact on oneself but on others affected by the action.D.The “ends can justify the means” pursuant to this ethical theory.The U.S. Supreme Court’s affirmative action decisions in the University of Michigan cases:Struck down all affirmative action plans as immoral “reverse discrimination” based on Kantian ethics.Upheld limited affirmative action plans based on Utilitarian diversity rationales.Struck down all affirmative action preference type plans as immoral, but allowed selective advertising and mentoring by schools and companies aimed at minority and women’s groups.Were posited by the Court as the federal government’s response to slavery reparations and as an explicit means to fulfill President Lincoln’s promise of “40 acres and a mule” to the freed slavesPursuant to the Ethical Principle of Last Resort, one is morally obligated to act, to aid, to rescue if what conditions are present?Need, proximity, and capability.One is the last real chance or alternative to help.Aiding would not cause equal to or greater than the original peril.All of the above.A decision by Best Merchandise Company to market a product in a certain way is being challenged in court. Best Merchandise has a better chance of defending its action if it can show that its action wasIn good faithIn its own best interestSocially responsibleVery profitable for the company.Which is an accurate statement about the modern business corporation|a.The corporation, once approved by the state and given a corporate charter, is a legal actor and artificial “person” endowed with legal and certain constitutional rights.b.According to the traditional, conservative, Milton Friedman, organizational view of the corporation, it is only a legal actor and has no moral or social responsibility and just must obey the law and pay taxes.c.A true corporate code of ethics today must have some provisions that go “above and beyond” the law; that is, an ethics code cannot be a mere “restatement” of the law.d.All of the above.The District of Columbia sues several big gun manufacturers contending that the guns they sell in large quantities legally in Virginia often illegally find their way into the District where they are used to commit crimes and to injure residents of the district as well as the criminals. The District wants to recover its public hospital expenses from the gun manufacturers and accordingly sues them for the tort of negligence. The likely result of this lawsuit will be:The District will win since guns are very dangerous products for which the gun manufacturers are absolutely liable for.The District will win if the residents who are shot by the guns do not have health insurance.The District will lose if it cannot establish a factual and proximate causation connection between the original sale of the guns and the harm to the District residents.The District will lose since Virginia is a state and the District is not a state.Which of the following is NOT an international agreement to protect intellectual property?A.The Uniform Trade Secret ActB.The Paris Convention of 1883C.The Berne Convention of 1886D.The TRIPS agreement of 1994″Piercing the corporate veil” typically can occur and thus personal liability imposed on the purported shareholders when:a.The alleged corporation is “thinly capitalized.”b.Corporate “formalities,” such as issuing shares, electing directors, and appointing officers, are not adhered to.c.An important motive of the incorporators for incorporating the business was the desire to achieve limited liability.d.a. and b.A promoter’s preincorporation contract:binds only the promoter unless adopted by the corporation.binds both the promoter and the corporation.binds only the corporation.binds neither the promoter nor the corporation if rejected by the corporation.What is a FALSE statement regarding monopolization analysis pursuant to Section 2 of the Sherman Act?a.One generally cannot be guilty of or liable for monopolization without having a monopoly first.b.One can have a monopoly but not have monopoly power and thus not be a monopolizing company.c.All monopolies are illegal since they are inherently unfair to consumers.d.Wrongful conduct by a monopoly to establish the legal wrong of monopolization includes illegal AND unethical, predatory, or abusive conduct (which is not necessarily illegal).Which of the following is the most accurate statement?The offeree’s rejection of an offer terminates it as a general rule under the common law.An offeror can revoke an option contract if the offeror decides that the consideration given for it was inadequate.Revocation of an offer made to the general public must be communicated in a large metropolitan newspaper, such as the Miami Herald, New York Times, or Washington Post.Offers are irrevocable under the common law for a three month period.Which of the following is a true statement?A.The Uniform Commercial Code governs contracts involving real property and personal property leases.B.The adoption of the Uniform Commercial Code has completely eliminated the need for the common law in the area of contracts.C.The Uniform Commercial Code only applies to a contract if the parties explicitly state so in their contract.D.The Uniform Commercial Code takes precedence over the common law of contracts regarding contracts for the sale of goods.Which of the following is a FALSE statement?A.A contract should specify where disputes are to be adjudicated and which jurisdiction’s law will be applied to any disputes.B.California does not recognize the validity of covenants-not-to-compete (or non-competition clauses) in employment contracts.C.When a person goes into bankruptcy, an automatic stay arises which means that contract claimants and other creditors are prohibited from instituting any legal proceeding to enforce a contract or to obtain any money owed pursuant to a contract.D.”Puffing” statements, such as this is a “great car” or a “top-notch car,” are typically grounds for breach of express warranty lawsuits.Which of the following is false about an attorney’s or law firm’s billing procedure:A.Charging by the hour is appropriate if the attorney can efficiently and effectively complete the legal task.B.Assuming that time spent answering emails and phone calls, time spent in legal research, as well as travel time are automatically included in the attorney’s fee.C.If the legal work is done for a project, such as forming a Limited Liability Company, a “flat fee” (which can be compared to other attorneys’ fees) to complete the project would be appropriate.D.Paying an attorney by “billable hour” may end up being quite costly if the subject matter is new to the attorney and the client, in essence, is paying for the attorney’s education.Which of the following is a true statement?A.Death of an agent or the principal terminates an agency only after notification of death is received by the living party.B.An agency coupled with an interest usually terminates on the death of the principal.C.An agency coupled with an interest is usually revocable by the principal.D.Revocation of authority is done by the principal whereas renunciation of the authority is done by the agent.An agent negotiates a contract with a third party for which the agent did not have actual express authority. Which of the following is true?The principal can never be held liable on the contract because the agent exceeded his authority.The principal can be liable on the contract only if the agent had implied authority to enter into the contract.The principal can be liable on the contract only if apparent authority was present.Either implied or apparent authority might cause the principal to be liable on the contract.Which of the following is true regarding Title VII of the federal Civil Rights Act in the workplace?a.The plaintiff employee must always prove a malicious, wrongful intent to discriminate on the part of the defendant employer against the employee to prevail in a Title VII civil rights lawsuit.b.Only “big” employers with 2000 or more employees are covered by the federal Title VII Civil Rights Act due to the voluminous record-keeping requirements.c.The employer must make an accommodation to an employee’s religious beliefs, observances, and practices regardless of the expense, cost, or burden since freedom of religion is a very important civil right in the United States.d.As a general rule, an employer can discriminate on the basis of appearance by selecting only “good-looking” and attractive male and female applicants for its sales force.Which of the following is not an equitable remedy?Specific Performance.Money damages.Reformation.Injunction.A law passed by a state to give its courts jurisdiction over persons and businesses located in other states in known as:Total jurisdiction statute.Venue statute.Long-arm statute.In personam statute.Which of the following is FALSE regarding the tort of defamation?a.Libel is written defamation.b.Truth is an absolute defense to a defamation lawsuit.c.”Publication,” that is, communication of the defamatory statement to a third party, is a required element to a defamation lawsuit.d.In the case of a “slander per se,” for example, a defamatory statement accusing a person of committing a serious crime of moral turpitude, damage to the plaintiff’s reputation is not presumed since the defamation is merely oral.Which of the following is true about punitive damages?They are generally not available for breach of contract claims.They are awarded only if consequential damages are also awarded.They are awarded where specific performance is not available.Their purpose is to give the nonbreaching party the benefit of the bargain.Which of the following are encompassed by the traditional common law tort of intentional invasion of privacy?a.An appropriation of a person’s name or picture without his or her permission for commercial advantage.b.An intrusion by the defendant into the private life or private domain of the plaintiff.c.Public disclosure of private facts, that is, facts not in the public record, about a person, even if the facts are true.d.All of the above.Which of the following is a accurate statement?A federal form of government is one in which sovereign power is vested entirely in a central governing authority.The federal government in the U.S. retains all powers not specifically delegated to the states.The state governments in the U.S. retain all powers not specifically delegated to the federal government.The federal government in the U.S. cannot regulate commerce within a state, even if the commerce concerns more than one state, since the states existed before the federal government.Which of the following is a false statement?A.If only one item is flawed out of thousands of similar items that were manufactured, the one flawed product might not be the basis for a negligence lawsuit but could be the basis for a products liability lawsuit based on strict liability.B.Failure to warn about the dangers of a product can make an otherwise safe product defective pursuant to strict liability law.C.A defect in a manufactured product can make the manufacturer liable for injuries caused by the product even if the manufacturer exercised due care in the manufacture of the product.D.In a products liability lawsuit based on strict liability, an injured plaintiff need only prove that the product caused him or her harm.Which of the following is a false statement?A.As a general rule, collateral or secondary promises must be in writing to be enforceable.B.A guaranty contract situation involves three parties.C.To be sufficient under the Statute of Frauds the contract must be signed only by the party who is bringing the lawsuit to enforce the contract.D.Under the doctrine of Promissory Estoppel, a promisor may be prevented from raising the defense of lack of consideration.Ron contracts with Gail under what Ron later learns to have been misrepresented facts. Ron has not yet suffered an injury. He canonly obtain compensatory damages from Gail.rescind the contract and receive restitutioneither obtain damages or rescind the contract.none of the above.An example of lack of a contractual capacity issue arises when a contract is made by aA minorA drunkA person on drugsAll of the aboveWhich of the following is a true statement?A.As a general rule, a unilateral mistake does not allow either party to a contract to rescind or cancel it.B.Where two parties contract for the sale of an old violin and the seller does not realize that it is a rare and extremely valuable one, then the seller, the mistaken party, can cancel the contract since it would then be unfair to him or her.C.In a fraud case the victimized plaintiff need just prove that he or she relied on the false statement.D.Fraud typically renders a contract null and void.Contracts involving fraud and misrepresentation are:Actionable only if in writing.Void.Valid.Voidable.A sole proprietor has unlimited liability for:Personal, but not business debts.Business, but not personal debts.Both business and personal debts.Neither business nor personal debts.Which of the following best describes the overall scheme of pollution regulation in the United States?Exclusively federal law.Exclusively state law with minimal federal oversight.Exclusively state law, but with considerable federal oversight.Primarily federal law, but considerable state law as well.

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