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University Of Connecticut *

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3673

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Philosophy

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Apr 3, 2024

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pdf

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3

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Ethics: The law dictates how a person must behave. Ethics governs how people should behave. Life Principles: the rules by which you live your life. If you develop these Life Principles now, you will be prepared when facing ethics dilemmas in the future. Ethics in Business: an ongoing debate about whether managers should focus only on what is best for shareholders or whether they should consider the interests of other stakeholders as well. Why Be Ethical? • Society as a whole benefits from ethical behavior. • Ethical behavior makes people happier. • Ethical behavior provides financial benefits. Theories of Ethics • Utilitarian thinkers such as John Stuart Mill believe that the right decision is the one that maximizes overall happiness and minimizes overall pain. • Deontological thinkers such as Immanuel Kant believe it is important to do the right thing, no matter the result. • With his categorical imperative, Kant argued that you should not do something unless you would be willing to have everyone else do it too. • John Rawls asked us to consider what type of society we would establish if we did not know what our life prospects would be. He called this situation “the veil of ignorance.” • Under the Front Page test, you ask yourself what you would do if your actions were going to be reported publicly on-or offline. • Moral universalism is the belief that some types of behavior are always right or always wrong, regardless of what others may think. • Moral relativism is the belief that it is right to be tolerant of different views and customs. A decision may be acceptable even if it is not in keeping with one’s own ethics standards. Ethics Traps • Money • Competition • Rationalization − The fudge factor − I did it for someone else − The slippery slope • We can’t be objective about ourselves • Moral licensing • Conflicts of interest • Conformity • Following orders • Euphemisms and reframing • Lost in a crowd • Short-term perspective − Optimism bias • Blind spots To Avoid Ethics Traps: • Slow down • Do not trust your first instinct. • Remember your Life Principles. Reacting to Unethical Behavior When faced with unethical behavior in your organization, you have three choices: • Loyalty • Exit (either quiet or loud) • Voice Shareholder model: Requires business decisions that maximize the owners’ return on investment Utilitarianism: greatest good for the greatest number Stakeholder model: Requires business leaders to consider employees, customers, communities, and other groups when making decisions Veil of ignorance: rules for society we would propose if we did not know how lucky we would be in lifes lottery Deontological ethics: Focuses on the reasons for which decisions are made Immanuel Kant was a noted utilitarian thinker. F The shareholder model requires that business leaders consider the needs of employees when making decisions. F
Modern China has experienced slower economic growth than did England during the Industrial Revolution .F John Stuart Mill’s ideas are consistent with business use of risk management and cost–benefit analyses. T John Rawls believed that everyone should have the same income. F Milton Friedman argued that : A corporate leader’s sole obligation is to make money for the company’s owners. Which of the following wrote Utilitarianism and believed that ethical actions should “generate the greatest good for the greatest number”? John Staurt Mill Which of the following believed that the dignity of human beings must be respected and that the most ethical decisions are made out of a sense of obligation? Immanuel Kant Kant believed that: Its wrong to tell an outright lie and misread. The following statement is true: Even people who do not believe in God are more likely to behave honestly after reading the Ten Commandments The ICC makes international law F States can opt out of ICJ jurisdiction. T The CISG requires parties to negotiate internationally in good faith. T Incoterm rules define terms used in international contracts. T The WTO settles disputes involving individuals, businesses, or countries F For which of the following activities can a foreign sovereign be sued? Operating a factory dangerously Outdoor Technologies obtained a judgement of $500,00 against Silver Star in a court in Australia. Silver Star owned property in Iowa, so Outdoor filed suit in Iowa to collect the judgement. Which following statements is true? Outdoor can collect in the U.S., because both the U.S. and Australia have common law systems The president negotiates a defense agreement with a foreign government. To take effect, the agreement must be ratified by which of the following? ⅔ vote of the senate Lynn is an author living in Nevada. She contracted with a company in China, which promised to print her custom children's books. After receiving Lynn's payment, the company disappeared without performing. Lynn wants to sue for fraud, but the contract does not say anything about which country's law will be used to resolve disputes. Both China and the United States are signatories of the CISG. Will the CISG apply in this case? Yes, because both countries are signatories Austria, Indonesia, and Colombia are all members of the WTO. If Austria imposes a tariff on imports of coffee beans from Colombia, but not from Indonesia, is it violation of WTO principles? Yes, Austria is violating the WTO's most favored nation rules S Corporation: Created by federal law Dissociation: A partner leaves the partnership Close corporation: Created by state law Dissolution: The first step in the process of terminating a partnership Partnership: The owners are liable for debts of organization Sole proprietorships must file a tax return. F Ownership in a partnership is not transferable. T Benefit corporations are nonprofits.F In both a general partnership and a limited liability partnership, the partners are not personally liable for the debts of the partnership.F Privately held companies that begin as corporations often change to LLCs before going public. F A sole proprietorship: requires no formal steps for its creation Assuming all other requirements are met, a corporation may elect to be treated as an S corporation under the Internal Revenue Code if it has: 100 or fewer stockholders. An LLC: can have an oral operating agreement. While working part time at a Supercorp restaurant, Jenna spills a bucket of hot French fries on a customer. Who is liable to the customer? Both Jenna and Supercorp A limited liability partnership: protects the partners from liability for the debts of the partnership. Patent : Grants the inventor exclusive use of an invention Copyright:Protects the specific way an idea is expressed Trade secrets: Compilation of information that would give its owner an advantage in business Trademark: A word that a business uses to identify a product Paris Convention: Extends patent protection overseas Once you have purchased a CD and copied it onto your iPod, it is legal to give the CD to a friend. F A provisional patent lasts until the product is used in interstate commerce. F
In the case of corporation, copyright protection lasts 120 years from the product's creation. T Under the fair use doctrine, you have the right to make a photocopy of this textbook for a classmate. F The first person to file the application is entitled a patent over someone else who invented the product first. F To receive a patent, an invention must meet all of the following tests, except: It has not ever been used anyplace in the world. After the death of Babe Ruth, one of the most famous baseball players of all time, his daughters registered the name, "Babe Ruth" as a trademark. Which of the following uses would be legal without the daughters' permission? I. Publication of a baseball calendar with photos of Ruth. II. Sales of a "Babe Ruth" bat. III. Sales of Babe Ruth autographs. E. I and III To prove a violation of copyright law, the plaintiff does not need to prove that the infringer actually copied the work, but she does need to prove: I. The item has a © symbol on it. II. The infringer had access to the original. III. The two works are similar. B. II and III Eric is a clever fellow who knows all about computers. He: I. Removed the author's name from an article he found on the Internet and sent it via e-mail to his lacrosse team, telling them he wrote it. II. Figured out how to unscramble his roommate's cable signal so they could watch cable on a second TV. III. Taught the rest of his lacrosse team how to unscramble cable signals. Which of these activities is legal under the Digital Millennium Copyright Act? B. Neither I, II, nor III Which of the following items cannot be trademarked? D. Surname Traditional Common Law Rule Traditionally, an employee at will could be fired for a good reason, a bad reason, or no reason at all. But modern law has created exceptions to this rule that prohibit firing an employee at will for a bad reason. Wrongful Discharge and Public Policy Generally, an employee may not be fired for refusing to violate the law, exercising a legal right, or supporting fundamental societal values. Promises Made during the Hiring Process Promises made during the hiring process are generally enforceable, even if not approved by the company’s top executives. Defamation Employers may be liable for defamation if they give false and unfavorable references. More than half of the states, however, recognize a qualified privilege for employers who give references about former employees. FMLA The Family and Medical Leave Act guarantees workers up to 12 weeks of unpaid leave each year for childbirth, adoption, or a serious health condition of their own or in their immediate family. Off-Duty Activities In the absence of a specific law to the contrary, employers have the right to fire workers for off-duty conduct. Which of the following statements is true? (a) In about half the states, employees have the right to bring guns into their workplace. In about half the states, employees have the right to bring guns into their workplace parking lot. When Brook went to work at an advertising agency, his employment contract stated that he was “at will and could be terminated at any time.” After 28 months with the company, he was fired without explanation. Which of the following statements is true? He could be fired for any reason except a bad reason. Title VII Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin. Bona Fide Occupational Qualification (BFOQ) An employer is permitted to establish discriminatory job requirements if they are essential to the position in question. Genetic Information Nondiscrimination Act Under GINA , employers with 15 or more workers may not require genetic testing or use information about genetic makeup or family medical history as a factor in hiring, firing, or promoting employees. EEOC: s the federal agency responsible for enforcing Title VII, the Equal Pay Act, the ADEA, the ADA, and GINA. Before plaintiffs may bring suit under any of these statutes (except the Equal Pay Act), they must first file a charge with the EEOC. Disparate Treatment To prove a disparate treatment case under Title VII, plaintiffs must show that they were treated less favorably than others because of their race, color, religion, sex, or national origin. Disparate Impact To prove disparate impact under Title VII, plaintiffs must show that their employer has a rule that on its face is not discriminatory, but in practice excludes too many people in a protected group
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