Test bank for Business Its Legal, Ethical, and Global Environment, 12th Edition by Marianne M. Jennings All 1-20 Chapters Covered ,Latest Edition

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,SOLUTION MANUAL FOR nn nn



Business Its Legal, Ethical, and Global Environment, 12th Edition
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Chapter 1 nn




Table of Contents nn nn


Consider… .................................................................................................................................................... 1
Consider… 1.2 ........................................................................................................................................... 1
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Consider… 1.3 ........................................................................................................................................... 2
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Case Problems ................................................................................................................................................................. 2
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Case 1.1..................................................................................................................................................... 2
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For the Manager’s Desk ........................................................................................................................... 4
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The Cover-up versus the Crime, page 11 .............................................................................................. 4
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Ethical Issues ..................................................................................................................................................................... 4
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Case 1.1, page 10 .................................................................................................................................... 4
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Business Strategy ............................................................................................................................................................ 5
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COVID-19 Lockouts and Business Civil Disobedience .............................................................................. 5
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Chapter Review ............................................................................................................................................................... 6
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Answers to Chapter Questions and Problems ........................................................................................ 6
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Economics, Ethics, & the Law: The Cost of Corporate Wrongdoing ..................................................12
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Consider…
Consider… 1.2 nn


After he enrolled in the University of California at Los Angeles (UCLA), Damon Thompson
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experienced auditory hallucinations. He believed other students in the classroom and
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dormitory were criticizing him. School administrators eventually learned of Thompson’s
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delusions and attempted to provide mental health treatment. However, one morning
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Thompson stabbed fellow student Katherine Rosen during a chemistry lab. Rosen sued the
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university and several of its employees for negligence, arguing they failed to protect her
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from Thompson’s foreseeable violent conduct.
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UCLA is a state educational institution. Based on the decision in the Avila case, what should
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the court decide? Consider whether UCLA has a duty to protect students from injury on
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the campus and, if so, what types of injuries. Be sure to consider what is different in this
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factual pattern from the
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,facts in Avila. What will the impact be on students, faculty, and administrators pending on
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which way the court decides on the issues of liability and duty? Be sure to consider the
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purposes and characteristics of law in evaluating the claim Ms. Rosen for injuries. [Regents
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of the University of California v Superior Court, 413 P.3d 656 (Cal,2018)]
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Solution
The trial court denied UCLA summary judgment. UCLA filed a petition for writ of mandate,
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requesting an order directing trial court to enter summary judgment in its favor. The Court of
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Appeal granted the petition. The Supreme Court granted review, superseding the opinion of the
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Court of Appeal.
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The Supreme Court held that the university had duty of care to protect students from
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foreseeable violence during the chemistry lab, reversing a long line of precedent.
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This case is different from the Avila case in that UCLA had knowledge of the potential harm
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that the student could do. In the Avila case, the conduct was such that it could not be
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anticipated except perhaps the possibility that players have disobeyed the rules of the game,
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but there was no direct knowledge about the pitcher’s tendencies to bean batters. In this case,
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UCLA was aware of the problems the student had and was working with the student. The case
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was a warning to universities about the importance of curbing the behaviors of students and
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then, when necessary removing them from the campus as a danger to themselves and other
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students. The court noted that the scope of the duty is based on the extent of the
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relationship the student had with the university.
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The immunity of government entities was curbed in Avila and now the courts are simply
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dealing with the concept of duty. What is the duty of government entities? How far does it
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extend? What actions must they take? [Regents of the University of California v Superior
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Court, 413 P.3d 656 (Cal. 2018)]
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Consider… 1.3 nn


Every state, county, and city has laws that regulate the maximum speed for their
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roadways. Yet, surveys indicate that nearly 100% of us admit to driving above the
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speed limit. What philosophy of law do we follow when we decide which laws to
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obey, how closely we follow those laws, and when we will follow them? Is there a
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risk to society when we make our own decisions about following the law?
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Solution
Speeding is an example of the norm shifting. That is, there is a law, but few people follow
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the law and the result is that the law becomes meaningless. Some philosophers fear that
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disregard of the law on an individual basis could mean that we are introducing anarchy—the
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law has no effect. Others would follow the normative standard of doing what is acceptable to
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others.
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Case Problems nn



Case 1.1 nn


1. Outline the case history—what each of the courts decided in the case.
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, Solution
Lower court held that the community colleges were immune, so it never reached the
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duty issue. The court of appeal held that the community colleges were not immune
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and found that they had breached their duty to Jose.
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2. Explain the standard now for the liability of government entities.
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Solution
Although there is immunity for government entities for injuries from recreational
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activities (hazardous and otherwise), the court held that government entities still have
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duties toward those who are using their facilities.
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3. What interests is the court balancing?
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Solution
The court is balancing the longstanding protection of government entities from tort
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liability with the injuries that can result when there is no supervision of those involved
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in government- sponsored activities. There was also the longstanding precedent that is
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being changed.
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Government entities will need new insurance levels and will need to change their
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involvement and supervision requirements.
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4. Does the court change the previous standard for liability of government entities? Why
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or why not? What effect will the decision have on government entities?
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Solution
See answer to above—the holding is a fundamental change in the liability and
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responsibilities of government entities.
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5. Why was there no breach of duty by the community colleges?
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Solution
Because being “beaned” is a risk in the game and one that the colleges could not
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prevent. Also, Jose was still able to walk and got the attention that he needed.
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6. Does it matter that “beaning” a batter violates the rules of the game?
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Solution
The court takes note that professional baseball prohibits beaning, but beaning happens
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and that it happens is not the result of any actions by sponsors but individual choices
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by players.
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However, sanctions for beaning could deter such activities—something the court does not
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discuss.
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