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discussions

September 18, 2025/in Law /by Besttutor

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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Parker v. State of Oklahoma

September 18, 2025/in Law /by Besttutor

Section One
10 points

Use Westlaw© to locate the following case and provide the complete citation:

579 F.2d 1200

1. Name the prevailing parties in the trial court proceeding.

2. Name the trial court. Also name the appellate court.

3. What kind of case is it?

4. In your own words, provide a summary of the facts of the case

5. What are the issues on appeal?

6. Who wrote the opinion?

7. What is the docket number?

8. On what date did the court issue the decision and how did the court rule?

9. Provide the text of Headnote [6] as well as the name of the author referenced in the portion of the text which is summarized by that headnote.

10. Provide the name of the attorney or attorneys who represented the appellants.

Section Two
10 points

Using WestlawNext KeyCite the following case:

Parker v. State of Oklahoma, 556 P.2d 1298 (Okla. Crim. App. 1976).

A) How many citing references does the case provide?

B) Has a Maryland case cited the Parker case? If so, provide the case citation for the citing case.

C) Has a Connecticut case cited the Parker case? If so, provide the citation for the citing case.

D) How many of the citing cases are no longer good law? Provide the citation to the case or cases.

E) Have any legal encyclopedias cited Parker? If so, provide the citation to each of the articles.

Section Three
5 points

Your attorney has asked you to determine whether any cases have cited Headnote [6] as referenced in Question 9 of Section One above.

Using proper citation, please provide any citing references you have located.

Please describe your process for locating this information.

Section Four
5 points

If you have the 8th edition of Statsky, complete assignment 11.7 on page 532.

If you have the 7th edition of Statsky, complete assignment 13.1 on pages 633 & 634.

Section Five
5 points

If you have the 8th Edition of Statsky, complete assignment 13.8 on page 586.

If you have the 7th Edition of Statsky, complete the following:

Discuss how the use of Litigation Support, Case Management and Knowledge Management software can protect the attorney from ethical breaches. Cite applicable ABA Model Rules.

Section Six 
10 points

Use Your Appellate Brief Scenario to answer this section

  1. Phrase the legal issue or issues as they will be raised on appeal.
  2. Using WestlawNext, locate, correctly cite and provide a summary of at least one mandatory court opinion that you can argue in Kant’s appeal.

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Case Brief 4

September 18, 2025/in Law /by Besttutor

Case Brief Assignment (Page 572 & Supplement)

Faverty v. McDonald’s Restaurant’s of Oregon, Inc., 892 P.2d 703: 

Please read the judicial opinion and the dissenting opinion HEREPreview the document to complete the case brief assignment.  This case is also discussed in the textbook on page 572.

Please refer to Explanation of Case Briefs in the Module 02.  This provides an overview for the basis of a case brief, tips, and grading requirements. In addition, review the case briefs rubric for the grading scale.

Case Briefs Rubric.pdfPreview the document

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A legal case study

September 18, 2025/in Law /by Besttutor

USING THE I-R-A-C STRUCTURE IN WRITING EXAM ANSWERS

The IRAC method is a framework for organizing your answer to a business law essay question. The basic structure is: Issue, Rule, Analysis, and Conclusion. Using this simple framework for structuring your answer will ensure that you have written a complete answer. Issue Begin your answer by stating the issue presented by the essay question.

Sometimes the question will provide the issue for you. If not, then ask: What is the legal question that, when answered, determines the result of the case? The issue should be stated in the form of a question in a specific, rather than general form: “Is there an agency relationship if there was no compensation paid?” would be an acceptable issue. “Will the plaintiff win?” would not be acceptable. Note that the issue may be case specific, mentioning the parties’ names and specific facts of the case. Example: “Did Jones have an agency relationship with XYZ Corp. due to his acting on behalf of XYZ and following its instructions?” The issue can encompass all cases which present a similar question. Example: “Is an agency created whenever there is an employment relationship?” Most cases present one issue. If there is more than one issue to address, then you must write a separate IRAC analysis for each issue.

Rule The rule describes which law or test applies to the issue. The rule should be

stated as a general principal, and not a conclusion to the particular case being briefed. Example: “An agency relationship is created when there is an agreement that the agent will act for the benefit of the principal at the principal’s direction or control regardless of whether compensation is paid” would be an acceptable rule. “The plaintiff was the defendant’s agent” would not be an acceptable rule. Do not use parties’ names or specific facts from the case. Hint: Frequently, the rule will be the definition of the principle of law applicable in the case. Example: An agent may not use or disclose confidential information acquired through the agency absent an agreement to the contrary.

Analysis The analysis is the most important, and the longest, part of your answer. It

involves applying the Rule to the facts of the problem or question. You should use the facts to explain how the rule leads to the conclusion. Discuss both sides of the case when possible. Important: Do not merely state a conclusion without also stating reasons for it. A conclusion without reasons or explanation means that you have not used the rule and the facts to analyze the issue. Hint: The rule can be used as a guide in your discussion. Example: Suppose the issue is whether A is an independent contractor. Using the facts of the case, explain whether or not they fit into the definition of what is an independent contractor: “In this case, A was told by the foreman what to wear, how to operate the machine, and when to report to work each day, giving her little control over the job.” If the rule is a test with multiple factors, then you must analyze each factor by pointing out how the facts do (or do not) fulfill each factor.

Conclusion The conclusion is your answer to the Issue. State the result of your analysis.

Examples: “Smith is liable for negligence” or “Therefore, no valid contract was formed between X and Y.” If there are multiple issues, there must be multiple conclusions as well.

 

 

 

SAMPLE IRAC ANALYSIS

Caroline was employed as a receptionist for ABC Corporation. Her desk was located at the entrance of the corporate office and her duties were to greet customers, answer telephone calls, sort mail, and respond to general requests for information about ABC. One day, while all of the managers of ABC were out of the office, a representative of XYZ Insurance Co. stopped by to solicit ABC as a new client. He told Caroline that he wanted to find out whether ABC might be interested in canceling its present employee health insurance plan and adopting a plan provided by XYZ. Although Caroline explained that none of the ABC managers were in the office, the XYZ representative nevertheless described his company’s health insurance plan in detail. When Caroline reacted by stating that XYZ’s plan sounded better than the current ABC plan, the XYZ representative immediately produced a contract for Caroline to sign. Reluctantly, Caroline signed the contract accepting the offer to adopt XYZ’s insurance plan. If XYZ seeks to enforce the contract against ABC, is ABC bound to the contract?

ANSWER Whether the insurance contract is binding on ABC Corp. depends on whether A had actual or apparent authority to enter into it. Actual authority is the agent’s power or responsibility expressly or impliedly communicated by the principal to the agent. Express actual authority includes the instructions and directions from the principal, while implied actual authority is the agent’s ability to do whatever is reasonable to assume that the principal wanted the agent to do to carry out his or her express actual authority. Here, Caroline’s express authority was to answer phones, direct messages, collect and sort the daily mail, greet visitors, and schedule appointments for the company managers. Her implied authority was to do anything reasonably related to performing those duties. She was not given any express authority to sign contracts, and signing contracts was not related to or implied in her duties as a receptionist. Therefore, Caroline had no actual authority to bind ABC to the contract. Apparent authority arises when the principal’s conduct, past dealings, or communications cause a third party to reasonably believe that the agent is authorized to act or do something. In this case, ABC did not communicate to XYZ that Caroline had authority to enter into an insurance contract, and no facts suggest that ABC and XYZ had done business in the past. The nature and typical responsibilities of Caroline’s position as a receptionist does not make it reasonable for the XYZ representative to conclude that she was empowered to select and approve health insurance plans for ABC’s employees. Thus, Caroline had no apparent authority to authorize the contract. Because Caroline did not have either actual or apparent authority to sign the contract, it is not binding on ABC Corp.

EXPLANATION First, the main issues to be addressed are stated. Next, the applicable rules of law or legal tests to be used in analyzing the issue are explained. The rule of law or legal test is applied to the facts. Note that the facts are not merely repeated; rather, they are linked to elements of the rule or test as evidence to explain and justify the ultimate conclusion that there is no actual authority. Conclusion as to the first issue. The general rule of law to be applied in analyzing the next issue is stated. The rule is applied to the facts. Note that the facts mentioned are those that relate to the definition of apparent authority. Conclusion for the second issue. An overall conclusion is reached as to the issue of liability.

 

 

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Two Cases

September 18, 2025/in Law /by Besttutor

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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Victimology5

September 18, 2025/in Law /by Besttutor

1) Using the internet, determine if your state (TENNESSEE) has a criminal injuries compensation fund. If they do not, use a surrounding state. In no less than 500 words give an overview of the program – include funding sources, eligibility requirements, qualifying crimes, qualifying expenses and any other pertinent information. 400words
2) Even though many possible sources of reimbursement exist – court ordered restitution, private insurance coverage, state compensation funds – why do so many victims still fail to receive any repayment of their losses and expenses? 200words

 

3) Imagine you were assigned to construct a program that would place burglars and robbers in jobs that pay a living wage so they could repay their victims. Describe any objections that you think would be raised against such a program – from the community, the victim and victim’s family, the convicted criminal. 300words

 

PLEASE USE APA FORM AND SITE YOUR WORK  PLEASE NUMBER YOUR ANSWER WITH THE QUESTION

 

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Law case coursework

September 18, 2025/in Law /by Besttutor

1000 words

case : O’Neill v Phillips [1999] BCC 600

statute :Section994

1.why the case is the leading case, why it is iconic 2. (key point)In which aspects the case enhance the interpretation of the Section 994;3.shortcoming(There is no need to explain the background and facts of the case, tutor hope us to explain why choose the case, how it interpretates Section 994, the analysis is very important )

Structure(no introduction, no conclusion)

part 1 why choose this case (how the case interpretate the Section 994)

part 2 shortcoming

Tips: you could refer to other case to support the argument(1 sentences maximum ), but must focus on O’Neill v Phillips [1999] BCC 600

Materials are restricted to class materials and no other materials may be retrieved .

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Application: The Elements of a Contract

September 18, 2025/in Law /by Besttutor

A contract has three key elements: offer, acceptance, and consideration. If these three elements are not present, a contract may not exist. Sometimes, the presence of these elements can be elusive. For example, the mental intent of the parties may determine the existence of a contract. How can you determine a person’s intent? Clearly, this is a complex area of law where litigation should be left to lawyers. A public administrator, however, may have to form contracts as part of his or her job responsibilities. As such, he or she must be aware of the elements of contracting so as to enter into the most advantageous agreement for his or her organization while avoiding illegal contracts.

 

 

 

To prepare for this assignment:

 

 

 

  • Review Chapter 8 in The Study of Law: A Critical Thinking Approach (4th ed.). Reflect on how contracts are formed, destroyed, modified, and broken.

     

  • Review the article “Contract Law: An Introduction.” Review the section “The Elements of a Contract” to refresh your recollection about the basic elements of contracts.

     

  • Review the resource “Contract-Based Fact Pattern.” Read carefully for facts that will assist in arguments for and against the formation of a contract.

     

  • Identify elements of a contract in the fact pattern.

     

  • Think about whether a contract exists in the fact pattern.

     

  • Consider possible defenses against the formation of a contract in the fact pattern.

 

 

 

The assignment (2–3 pages):

 

 

 

  • Describe the elements of a contract in the fact pattern.

     

  • Explain whether you think a contract exists. Use facts from the fact pattern to argue your opinion.

     

  • Explain two possible defenses against the formation of a contract in the fact pattern.

     

    Support your Application Assignment with specific references to all resources used in its preparation. You are asked to provide a reference list for all resources, including those in the Learning Resources for this course.

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Business Law Ch6-10 MCQs Set 2

September 18, 2025/in Law /by Besttutor

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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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’

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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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