Deck 5: Confidentiality and Privacy

Question 1

Mary Beth Armstrong | Confidentiality: A Comparison across the Professions of Medicine, Engineering, and Accounting
Armstrong first looks at general criteria for understanding the justification for confidentiality and the types of duties considered important in enforcing this ethical principle, and then focuses on specific issues in the evolution of these three professions. Key issues are the development of law around instances in which confidentiality must be breached and recent change from keeping the confidence of clients and employers to the revealing information in the public interest.
-___________ justifications for confidentiality are based on privacy, autonomy, promise-keeping and loyalty.

A) Relativist
B) Deontological
C) Utilitarian
D) Pragmatic

Answer 1

B

Question 2

Mary Beth Armstrong | Confidentiality: A Comparison across the Professions of Medicine, Engineering, and Accounting
Armstrong first looks at general criteria for understanding the justification for confidentiality and the types of duties considered important in enforcing this ethical principle, and then focuses on specific issues in the evolution of these three professions. Key issues are the development of law around instances in which confidentiality must be breached and recent change from keeping the confidence of clients and employers to the revealing information in the public interest.
-___________ arguments for confidentiality stress the positive benefits to society when professionals can be trusted to keep confidences.

A) Relativist
B) Deontological
C) Utilitarian
D) Pragmatic

Answer 2

C

Question 3

Mary Beth Armstrong | Confidentiality: A Comparison across the Professions of Medicine, Engineering, and Accounting
Armstrong first looks at general criteria for understanding the justification for confidentiality and the types of duties considered important in enforcing this ethical principle, and then focuses on specific issues in the evolution of these three professions. Key issues are the development of law around instances in which confidentiality must be breached and recent change from keeping the confidence of clients and employers to the revealing information in the public interest.
-Client confidentiality is morally binding on professionals unless

A) the client breaches confidentiality first.
B) it is in conflict with the professional's personal values.
C) it is in conflict with equal or stronger duties to society.
D) professionals share client information with each other.

Answer 3

C

Question 4

Mary Beth Armstrong | Confidentiality: A Comparison across the Professions of Medicine, Engineering, and Accounting
Armstrong first looks at general criteria for understanding the justification for confidentiality and the types of duties considered important in enforcing this ethical principle, and then focuses on specific issues in the evolution of these three professions. Key issues are the development of law around instances in which confidentiality must be breached and recent change from keeping the confidence of clients and employers to the revealing information in the public interest.
-___________ duties are obligations requiring action to bring about good.

A) Prima facie
B) Positive
C) Negative
D) Confidential

Question 5

Mary Beth Armstrong | Confidentiality: A Comparison across the Professions of Medicine, Engineering, and Accounting
Armstrong first looks at general criteria for understanding the justification for confidentiality and the types of duties considered important in enforcing this ethical principle, and then focuses on specific issues in the evolution of these three professions. Key issues are the development of law around instances in which confidentiality must be breached and recent change from keeping the confidence of clients and employers to the revealing information in the public interest.
-___________ duties are obligations to do no harm, requiring inaction or compliance with rules.

A) Prima facie
B) Positive
C) Negative
D) Confidential

Question 6

Mary Beth Armstrong | Confidentiality: A Comparison across the Professions of Medicine, Engineering, and Accounting
Armstrong first looks at general criteria for understanding the justification for confidentiality and the types of duties considered important in enforcing this ethical principle, and then focuses on specific issues in the evolution of these three professions. Key issues are the development of law around instances in which confidentiality must be breached and recent change from keeping the confidence of clients and employers to the revealing information in the public interest.
-The 1980 revision to the AMA's Principles of Medical Ethics asserted that breaching confidentiality is ethically and legally justified in cases of

A) patients threatening bodily harm to another person.
B) communicable diseases.
C) gun shot and knife wounds.
D) all of the above

Question 7

Mary Beth Armstrong | Confidentiality: A Comparison across the Professions of Medicine, Engineering, and Accounting
Armstrong first looks at general criteria for understanding the justification for confidentiality and the types of duties considered important in enforcing this ethical principle, and then focuses on specific issues in the evolution of these three professions. Key issues are the development of law around instances in which confidentiality must be breached and recent change from keeping the confidence of clients and employers to the revealing information in the public interest.
-Confidentiality in the engineering profession evolved over the last century from a primary duty to clients and employers to a higher duty to

A) peer engineers.
B) contract engineers.
C) the public's safety, health, and welfare.
D) supervisory staff.

Question 8

Mary Beth Armstrong | Confidentiality: A Comparison across the Professions of Medicine, Engineering, and Accounting
Armstrong first looks at general criteria for understanding the justification for confidentiality and the types of duties considered important in enforcing this ethical principle, and then focuses on specific issues in the evolution of these three professions. Key issues are the development of law around instances in which confidentiality must be breached and recent change from keeping the confidence of clients and employers to the revealing information in the public interest.
-The Code of Professional Conduct for accountants asserts that members best serve client and employer interests when they also fulfill their responsibility to

A) internal accountants.
B) external accountants.
C) the public.
D) investors.

Question 9

Mary Beth Armstrong | Confidentiality: A Comparison across the Professions of Medicine, Engineering, and Accounting
Armstrong first looks at general criteria for understanding the justification for confidentiality and the types of duties considered important in enforcing this ethical principle, and then focuses on specific issues in the evolution of these three professions. Key issues are the development of law around instances in which confidentiality must be breached and recent change from keeping the confidence of clients and employers to the revealing information in the public interest.
-Conflicts arise for accountants when their negative duty to maintain client confidentiality is at odds with their positive duty to ___________ for the public welfare.

A) do good
B) do nothing
C) keep secrets
D) keep silent

Question 10

Mary Beth Armstrong | Confidentiality: A Comparison across the Professions of Medicine, Engineering, and Accounting
Armstrong first looks at general criteria for understanding the justification for confidentiality and the types of duties considered important in enforcing this ethical principle, and then focuses on specific issues in the evolution of these three professions. Key issues are the development of law around instances in which confidentiality must be breached and recent change from keeping the confidence of clients and employers to the revealing information in the public interest.
-The case that led to the most significant revision of the AMA's Principle of Medical Ethics was a reaction to the

A) code of Thomas Percival.
B) murder of Tatiana Tarasoff.
C) whistleblowing BART engineers.
D) liability of the Arthur Andersen auditors.

Question 11

As Armstrong states, increasingly complex issues in medicine have resulted in less clarity around the notion of confidentiality. What are some of these changes, and how have medical ethicists attempted to deal with them? Do you agree with these efforts, or do you see better ways of prioritizing positive and negative duties such that confidentiality conflicts could be avoided?

Question 12

In examining acceptable breaches of confidentiality, Armstrong looks at the four requirements for justified infringements of a rule by Beauchamp and Childress. What are they, and how well would they help resolve conflicts between a professional duty to keep a client's confidentiality along the simultaneous responsibility to the public welfare? Illustrate your answer with one of the engineering or accounting cases described in the reading, or one of your own.

Question 13

Sissela Bok | The Limits of Confidentiality
Bok discusses the professional and institutional complexities surrounding the principle of confidentiality that have arisen since the days when it generally concerned one client and one professional. Four premises underlie the principle, which, when ignored, can lead to abuse and injury to the client. These four can, however, be legitimately overridden when the individual's right to secrecy is undermined by the society's right to information.
-The principle of confidentiality involves guarding boundaries surrounding shared

A) privilege.
B) privacy.
C) testimony.
D) secrets.

Question 14

Sissela Bok | The Limits of Confidentiality
Bok discusses the professional and institutional complexities surrounding the principle of confidentiality that have arisen since the days when it generally concerned one client and one professional. Four premises underlie the principle, which, when ignored, can lead to abuse and injury to the client. These four can, however, be legitimately overridden when the individual's right to secrecy is undermined by the society's right to information.
-Conflicts concerning confidentiality arise when an individual's secrets are weighed against the needs of the

A) Church.
B) society.
C) professional.
D) profession.

Question 15

Sissela Bok | The Limits of Confidentiality
Bok discusses the professional and institutional complexities surrounding the principle of confidentiality that have arisen since the days when it generally concerned one client and one professional. Four premises underlie the principle, which, when ignored, can lead to abuse and injury to the client. These four can, however, be legitimately overridden when the individual's right to secrecy is undermined by the society's right to information.
-The ___________ generally lies on those who claim a reason to override confidentiality.

A) secrecy
B) burden of proof
C) rationalization
D) autonomy

Question 16

Sissela Bok | The Limits of Confidentiality
Bok discusses the professional and institutional complexities surrounding the principle of confidentiality that have arisen since the days when it generally concerned one client and one professional. Four premises underlie the principle, which, when ignored, can lead to abuse and injury to the client. These four can, however, be legitimately overridden when the individual's right to secrecy is undermined by the society's right to information.
-The rationale for confidentiality, according to Bok, is supported by

A) autonomy.
B) promise of silence.
C) need for professional help.
D) all of the above

Question 17

Sissela Bok | The Limits of Confidentiality
Bok discusses the professional and institutional complexities surrounding the principle of confidentiality that have arisen since the days when it generally concerned one client and one professional. Four premises underlie the principle, which, when ignored, can lead to abuse and injury to the client. These four can, however, be legitimately overridden when the individual's right to secrecy is undermined by the society's right to information.
-While professional confidentiality is necessary, according to Bok, it can also deflect ethical inquiry by leading to

A) abuse.
B) error.
C) autonomy.
D) both a and b

Question 18

Sissela Bok | The Limits of Confidentiality
Bok discusses the professional and institutional complexities surrounding the principle of confidentiality that have arisen since the days when it generally concerned one client and one professional. Four premises underlie the principle, which, when ignored, can lead to abuse and injury to the client. These four can, however, be legitimately overridden when the individual's right to secrecy is undermined by the society's right to information.
-The most difficult choices for professionals arise from confidences given by

A) children.
B) mentally capable adults.
C) mentally incompetent persons.
D) both a and c

Question 19

Sissela Bok | The Limits of Confidentiality
Bok discusses the professional and institutional complexities surrounding the principle of confidentiality that have arisen since the days when it generally concerned one client and one professional. Four premises underlie the principle, which, when ignored, can lead to abuse and injury to the client. These four can, however, be legitimately overridden when the individual's right to secrecy is undermined by the society's right to information.
-___________ of confidentiality are less justified if an act has been carefully thought through.

A) Secrets
B) Breaches
C) Principles
D) Premises

Question 20

Sissela Bok | The Limits of Confidentiality
Bok discusses the professional and institutional complexities surrounding the principle of confidentiality that have arisen since the days when it generally concerned one client and one professional. Four premises underlie the principle, which, when ignored, can lead to abuse and injury to the client. These four can, however, be legitimately overridden when the individual's right to secrecy is undermined by the society's right to information.
-When a client or another person is in harm's way, a professional is free to speak as long as what is revealed is

A) only so much as to avert the harm itself.
B) only to the client's family.
C) to the public at large.
D) to the professional's supervisor.

Question 21

Sissela Bok | The Limits of Confidentiality
Bok discusses the professional and institutional complexities surrounding the principle of confidentiality that have arisen since the days when it generally concerned one client and one professional. Four premises underlie the principle, which, when ignored, can lead to abuse and injury to the client. These four can, however, be legitimately overridden when the individual's right to secrecy is undermined by the society's right to information.
-The greatest burden of secrecy, according to Bok, is when professionals keep secrets to protect ___________ rather than patients and clients.

A) their communities
B) themselves
C) the public
D) their peers

Question 22

Sissela Bok | The Limits of Confidentiality
Bok discusses the professional and institutional complexities surrounding the principle of confidentiality that have arisen since the days when it generally concerned one client and one professional. Four premises underlie the principle, which, when ignored, can lead to abuse and injury to the client. These four can, however, be legitimately overridden when the individual's right to secrecy is undermined by the society's right to information.
-At its worst, states Bok, confidentiality can be used as a cover-up of dangerous practices to

A) invite legal scrutiny.
B) request professional evaluation.
C) deflect public attention.
D) attract public attention.

Question 23

Bok sets out four premises in support of the principle of professional-client confidentiality and later discusses circumstances under which each could legitimately be overridden. State these four premises and apply them to what Bok calls the "paradoxical" situations of "the sick, the poor, the mentally ill, the aged, and the very young." What does Bok mean by "paradoxical" here? How would you use this criteria for overriding confidentiality in these cases?

Question 24

Bok examines the changes that have occurred since the time when issues of confidentiality concerned at most one client and one professional. What is responsible for these changes and how have clients, professionals, and institutions responded to new ethical dilemmas? In your view, what is needed to prevent potential abuse and injury from the increase in the sharing of personal information?

Question 25

Kenneth Kipnis | A Defense of Unqualified Medical Confidentiality
Kipnis challenges the conventional wisdom that confidentiality may be breached to avert harm to a third party. Core professional values are mistakenly taken to conflict, such as trustworthiness and confidentiality, only when it is overlooked that physicians must also be concerned with the well-being of society. As such, building in the exceptions to confidentiality from the beginning, in a qualified confidentiality clause, will take care of these alleged conflicts.
-Kipnis defines ethics as a

A) set of beliefs about our obligations.
B) set of uncritically absorbed beliefs.
C) critical reflection on our moralities.
D) responsible consensus on rational action.

Question 26

Kenneth Kipnis | A Defense of Unqualified Medical Confidentiality
Kipnis challenges the conventional wisdom that confidentiality may be breached to avert harm to a third party. Core professional values are mistakenly taken to conflict, such as trustworthiness and confidentiality, only when it is overlooked that physicians must also be concerned with the well-being of society. As such, building in the exceptions to confidentiality from the beginning, in a qualified confidentiality clause, will take care of these alleged conflicts.
-In deciding whether to resuscitate a patient, a physician should reflect on

A) individual attitudes.
B) religious beliefs.
C) personal values.
D) professional obligations.

Question 27

Kenneth Kipnis | A Defense of Unqualified Medical Confidentiality
Kipnis challenges the conventional wisdom that confidentiality may be breached to avert harm to a third party. Core professional values are mistakenly taken to conflict, such as trustworthiness and confidentiality, only when it is overlooked that physicians must also be concerned with the well-being of society. As such, building in the exceptions to confidentiality from the beginning, in a qualified confidentiality clause, will take care of these alleged conflicts.
-Core professional values include

A) beneficence.
B) concern for well-being of public.
C) respect for patient autonomy.
D) all of the above

Question 28

Kenneth Kipnis | A Defense of Unqualified Medical Confidentiality
Kipnis challenges the conventional wisdom that confidentiality may be breached to avert harm to a third party. Core professional values are mistakenly taken to conflict, such as trustworthiness and confidentiality, only when it is overlooked that physicians must also be concerned with the well-being of society. As such, building in the exceptions to confidentiality from the beginning, in a qualified confidentiality clause, will take care of these alleged conflicts.
-When core professional values appear to conflict, what is required is ___________ to help in decision-making.

A) a set of beliefs about obligations
B) a priority rule
C) disambiguation
D) responsible consensus

Question 29

Kenneth Kipnis | A Defense of Unqualified Medical Confidentiality
Kipnis challenges the conventional wisdom that confidentiality may be breached to avert harm to a third party. Core professional values are mistakenly taken to conflict, such as trustworthiness and confidentiality, only when it is overlooked that physicians must also be concerned with the well-being of society. As such, building in the exceptions to confidentiality from the beginning, in a qualified confidentiality clause, will take care of these alleged conflicts.
-When a core professional value is unclear, what is required is ___________ to help in decision-making.

A) a set of beliefs about obligations
B) a priority rule
C) disambiguation
D) responsible consensus

Question 30

Kenneth Kipnis | A Defense of Unqualified Medical Confidentiality
Kipnis challenges the conventional wisdom that confidentiality may be breached to avert harm to a third party. Core professional values are mistakenly taken to conflict, such as trustworthiness and confidentiality, only when it is overlooked that physicians must also be concerned with the well-being of society. As such, building in the exceptions to confidentiality from the beginning, in a qualified confidentiality clause, will take care of these alleged conflicts.
-Regarding medicine, Kipnis argues that with professional privilege comes

A) commitment to social values.
B) commitment to patients and family.
C) collective responsibility.
D) all of the above.

Question 31

Kenneth Kipnis | A Defense of Unqualified Medical Confidentiality
Kipnis challenges the conventional wisdom that confidentiality may be breached to avert harm to a third party. Core professional values are mistakenly taken to conflict, such as trustworthiness and confidentiality, only when it is overlooked that physicians must also be concerned with the well-being of society. As such, building in the exceptions to confidentiality from the beginning, in a qualified confidentiality clause, will take care of these alleged conflicts.
-A ___________ confidentiality rule reveals an exception from the beginning by acknowledging the overriding duty to avert potential harm.

A) core
B) qualified
C) unqualified
D) personal

Question 32

Kenneth Kipnis | A Defense of Unqualified Medical Confidentiality
Kipnis challenges the conventional wisdom that confidentiality may be breached to avert harm to a third party. Core professional values are mistakenly taken to conflict, such as trustworthiness and confidentiality, only when it is overlooked that physicians must also be concerned with the well-being of society. As such, building in the exceptions to confidentiality from the beginning, in a qualified confidentiality clause, will take care of these alleged conflicts.
-According to Kipnis, ethical and legal duties to report threatened harm make it ___________ that endangered parties will be protected.

A) more likely
B) less likely
C) equally as likely
D) inevitable

Question 33

Kenneth Kipnis | A Defense of Unqualified Medical Confidentiality
Kipnis challenges the conventional wisdom that confidentiality may be breached to avert harm to a third party. Core professional values are mistakenly taken to conflict, such as trustworthiness and confidentiality, only when it is overlooked that physicians must also be concerned with the well-being of society. As such, building in the exceptions to confidentiality from the beginning, in a qualified confidentiality clause, will take care of these alleged conflicts.
-Physicians damage both their professional capabilities and their communities when, according to Kipnis, they compromise their

A) autonomy.
B) trustworthiness.
C) paternalism.
D) authority.

Question 34

Kenneth Kipnis | A Defense of Unqualified Medical Confidentiality
Kipnis challenges the conventional wisdom that confidentiality may be breached to avert harm to a third party. Core professional values are mistakenly taken to conflict, such as trustworthiness and confidentiality, only when it is overlooked that physicians must also be concerned with the well-being of society. As such, building in the exceptions to confidentiality from the beginning, in a qualified confidentiality clause, will take care of these alleged conflicts.
-Conventional wisdom on confidentiality errs, according to Kipnis, because personal morality is conflated with

A) personal values.
B) self-interest.
C) public interest.
D) professional ethics.

Question 35

Kipnis says on the one hand that with the professional privilege of practicing medicine comes collective responsibility toward the public as well as patients and families. On the other hand, he defends an unqualified rule of confidentiality for physicians, admitting of no exceptions. Do you see a contradiction here? Why or why not?

Question 36

Accordingly to Kipnis, there is no justification for qualifying the obligation of confidentiality by requiring reporting under certain circumstances, because this would actually reduce protection to endangered third parties and increase public peril. Do you agree with his position? Why or why not?

Question 37

Alan Donagan | Justifying Legal Practice in the Adversary System: A Look at Confidentiality
Donagan looks at arguments justifying lawyer-client confidentiality within the adversary system. While the standard interpretation of confidentiality is justified within the adversary system, an extended interpretation allowing attorneys to withhold information they would otherwise disclose as a moral duty, does not. Donagan examines two arguments for an extended version of confidentiality and demonstrates that the first fails as a consequentialist argument and the second on the basis of false premises. He argues for the sufficient nature of the standard interpretation of confidentiality.
-In the Lake Pleasant case, one of the lawyers ___________ information about a prior crime of the defendant's.

A) distorted
B) came forward with
C) withheld
D) fabricated

Question 38

Alan Donagan | Justifying Legal Practice in the Adversary System: A Look at Confidentiality
Donagan looks at arguments justifying lawyer-client confidentiality within the adversary system. While the standard interpretation of confidentiality is justified within the adversary system, an extended interpretation allowing attorneys to withhold information they would otherwise disclose as a moral duty, does not. Donagan examines two arguments for an extended version of confidentiality and demonstrates that the first fails as a consequentialist argument and the second on the basis of false premises. He argues for the sufficient nature of the standard interpretation of confidentiality.
-Information that must be reported to public authorities is such that its omission would lead to

A) acts contrary to the public good.
B) pretensions of moral decency.
C) wrongs to a private individual.
D) both a and c

Question 39

Alan Donagan | Justifying Legal Practice in the Adversary System: A Look at Confidentiality
Donagan looks at arguments justifying lawyer-client confidentiality within the adversary system. While the standard interpretation of confidentiality is justified within the adversary system, an extended interpretation allowing attorneys to withhold information they would otherwise disclose as a moral duty, does not. Donagan examines two arguments for an extended version of confidentiality and demonstrates that the first fails as a consequentialist argument and the second on the basis of false premises. He argues for the sufficient nature of the standard interpretation of confidentiality.
-Promises to do wrong, Donagan argues, are

A) invalid.
B) valid.
C) sound.
D) cogent.

Question 40

Alan Donagan | Justifying Legal Practice in the Adversary System: A Look at Confidentiality
Donagan looks at arguments justifying lawyer-client confidentiality within the adversary system. While the standard interpretation of confidentiality is justified within the adversary system, an extended interpretation allowing attorneys to withhold information they would otherwise disclose as a moral duty, does not. Donagan examines two arguments for an extended version of confidentiality and demonstrates that the first fails as a consequentialist argument and the second on the basis of false premises. He argues for the sufficient nature of the standard interpretation of confidentiality.
-According to Donagan, the adversary system allows for the ___________ justification of confidentiality in that attorneys have a duty to keep secret any information revealed by the client.

A) standard
B) extended
C) epistemic
D) modal

Question 41

Alan Donagan | Justifying Legal Practice in the Adversary System: A Look at Confidentiality
Donagan looks at arguments justifying lawyer-client confidentiality within the adversary system. While the standard interpretation of confidentiality is justified within the adversary system, an extended interpretation allowing attorneys to withhold information they would otherwise disclose as a moral duty, does not. Donagan examines two arguments for an extended version of confidentiality and demonstrates that the first fails as a consequentialist argument and the second on the basis of false premises. He argues for the sufficient nature of the standard interpretation of confidentiality.
-The ___________ justification of confidentiality, according to Donagan, does not follow from the adversary system.

A) standard
B) extended
C) epistemic
D) modal

Question 42

Alan Donagan | Justifying Legal Practice in the Adversary System: A Look at Confidentiality
Donagan looks at arguments justifying lawyer-client confidentiality within the adversary system. While the standard interpretation of confidentiality is justified within the adversary system, an extended interpretation allowing attorneys to withhold information they would otherwise disclose as a moral duty, does not. Donagan examines two arguments for an extended version of confidentiality and demonstrates that the first fails as a consequentialist argument and the second on the basis of false premises. He argues for the sufficient nature of the standard interpretation of confidentiality.
-According to Donagan, a legal right, even one that society is morally obliged to grant, is not the same as a ___________ right.

A) civil
B) moral
C) natural
D) physical

Question 43

Alan Donagan | Justifying Legal Practice in the Adversary System: A Look at Confidentiality
Donagan looks at arguments justifying lawyer-client confidentiality within the adversary system. While the standard interpretation of confidentiality is justified within the adversary system, an extended interpretation allowing attorneys to withhold information they would otherwise disclose as a moral duty, does not. Donagan examines two arguments for an extended version of confidentiality and demonstrates that the first fails as a consequentialist argument and the second on the basis of false premises. He argues for the sufficient nature of the standard interpretation of confidentiality.
-Freedman's argument for an extended interpretation of confidentiality fails on the basis of ___________ premises.

A) true
B) false
C) irrelevant
D) authoritative

Question 44

Alan Donagan | Justifying Legal Practice in the Adversary System: A Look at Confidentiality
Donagan looks at arguments justifying lawyer-client confidentiality within the adversary system. While the standard interpretation of confidentiality is justified within the adversary system, an extended interpretation allowing attorneys to withhold information they would otherwise disclose as a moral duty, does not. Donagan examines two arguments for an extended version of confidentiality and demonstrates that the first fails as a consequentialist argument and the second on the basis of false premises. He argues for the sufficient nature of the standard interpretation of confidentiality.
-The idea that a lawyer is simultaneously "required to know everything, to keep it in confidence, and to reveal it to the court" is what Freedman calls a

A) fallacy
B) dilemma
C) trilemma
D) triumvirate

Question 45

Alan Donagan | Justifying Legal Practice in the Adversary System: A Look at Confidentiality
Donagan looks at arguments justifying lawyer-client confidentiality within the adversary system. While the standard interpretation of confidentiality is justified within the adversary system, an extended interpretation allowing attorneys to withhold information they would otherwise disclose as a moral duty, does not. Donagan examines two arguments for an extended version of confidentiality and demonstrates that the first fails as a consequentialist argument and the second on the basis of false premises. He argues for the sufficient nature of the standard interpretation of confidentiality.
-The Canadian Bar Association states that lawyers must warn clients that they will not keep information secret if it shows that evidence presented on their behalf is

A) admissible.
B) reliable.
C) perjured.
D) insufficient.

Question 46

Alan Donagan | Justifying Legal Practice in the Adversary System: A Look at Confidentiality
Donagan looks at arguments justifying lawyer-client confidentiality within the adversary system. While the standard interpretation of confidentiality is justified within the adversary system, an extended interpretation allowing attorneys to withhold information they would otherwise disclose as a moral duty, does not. Donagan examines two arguments for an extended version of confidentiality and demonstrates that the first fails as a consequentialist argument and the second on the basis of false premises. He argues for the sufficient nature of the standard interpretation of confidentiality.
-"___________" is the tactic of advising the client not to admit anything that might handicap the lawyer in making a defense.

A) Affective ignorance
B) Perjured information
C) A plea
D) A confession

Question 47

Does the Lake Pleasant case represent what Donagan is calling the "standard" or "extended" justification of confidentiality? Do you agree with Donagan that the extended justification is neither necessary nor justified by the adversary system? Why or why not?

Question 48

What is Freedman's "trilemma" and why does he call it that? Do you agree with Donagan's reasons for finding its principles weak? Why or why not?

Question 49

Wayne Vaught | Parents, Lies, and Videotape: Covert Video Surveillance in Pediatric Care
Vaught takes on the pros and cons of covert video surveillance in cases of suspected child abuse, focusing specifically on Munchausen's Syndrome by Proxy cases involving children abused by their own parents. Proponents argue that it is necessary since these cases are so difficult to confirm otherwise, while critics point out that this invasion of privacy is a breach of parental trust in the health professional. Vaught uses the fiduciary obligation of trust to argue that the parents' entrustment of their child's health and well-being to the health professional means that covert video surveillance in cases of suspected child abuse does not constitute a breach of trust.
-Proponents of covert video surveillance justify its use in suspected child abuse cases because such cases are

A) not likely to occur.
B) likely to occur
C) not difficult to confirm.
D) difficult to confirm.

Question 50

Wayne Vaught | Parents, Lies, and Videotape: Covert Video Surveillance in Pediatric Care
Vaught takes on the pros and cons of covert video surveillance in cases of suspected child abuse, focusing specifically on Munchausen's Syndrome by Proxy cases involving children abused by their own parents. Proponents argue that it is necessary since these cases are so difficult to confirm otherwise, while critics point out that this invasion of privacy is a breach of parental trust in the health professional. Vaught uses the fiduciary obligation of trust to argue that the parents' entrustment of their child's health and well-being to the health professional means that covert video surveillance in cases of suspected child abuse does not constitute a breach of trust.
-Without covert video surveillance, health providers may ___________ contribute to a child's abuse by ordering unnecessary tests and treatments.

A) purposefully
B) unknowingly
C) knowingly
D) neglect to

Question 51

Wayne Vaught | Parents, Lies, and Videotape: Covert Video Surveillance in Pediatric Care
Vaught takes on the pros and cons of covert video surveillance in cases of suspected child abuse, focusing specifically on Munchausen's Syndrome by Proxy cases involving children abused by their own parents. Proponents argue that it is necessary since these cases are so difficult to confirm otherwise, while critics point out that this invasion of privacy is a breach of parental trust in the health professional. Vaught uses the fiduciary obligation of trust to argue that the parents' entrustment of their child's health and well-being to the health professional means that covert video surveillance in cases of suspected child abuse does not constitute a breach of trust.
-Critics of covert video surveillance argue that it is a

A) morally questionable invasion of personal privacy.
B) breach of trust.
C) Justifiable method of confirming child abuse.
D) both a and b

Question 52

Wayne Vaught | Parents, Lies, and Videotape: Covert Video Surveillance in Pediatric Care
Vaught takes on the pros and cons of covert video surveillance in cases of suspected child abuse, focusing specifically on Munchausen's Syndrome by Proxy cases involving children abused by their own parents. Proponents argue that it is necessary since these cases are so difficult to confirm otherwise, while critics point out that this invasion of privacy is a breach of parental trust in the health professional. Vaught uses the fiduciary obligation of trust to argue that the parents' entrustment of their child's health and well-being to the health professional means that covert video surveillance in cases of suspected child abuse does not constitute a breach of trust.
-According to Vaught, trust in a fiduciary relationship is based on both the competence and ___________ of the professional.

A) good will
B) manipulative skill
C) experience
D) training

Question 53

Wayne Vaught | Parents, Lies, and Videotape: Covert Video Surveillance in Pediatric Care
Vaught takes on the pros and cons of covert video surveillance in cases of suspected child abuse, focusing specifically on Munchausen's Syndrome by Proxy cases involving children abused by their own parents. Proponents argue that it is necessary since these cases are so difficult to confirm otherwise, while critics point out that this invasion of privacy is a breach of parental trust in the health professional. Vaught uses the fiduciary obligation of trust to argue that the parents' entrustment of their child's health and well-being to the health professional means that covert video surveillance in cases of suspected child abuse does not constitute a breach of trust.
-Covert video surveillance is consistent, according to Vaught, with the ___________ obligation to care for children entrusted to health professionals by their parents.

A) confidential
B) paternalistic
C) nonmaleficent
D) fiduciary

Question 54

Wayne Vaught | Parents, Lies, and Videotape: Covert Video Surveillance in Pediatric Care
Vaught takes on the pros and cons of covert video surveillance in cases of suspected child abuse, focusing specifically on Munchausen's Syndrome by Proxy cases involving children abused by their own parents. Proponents argue that it is necessary since these cases are so difficult to confirm otherwise, while critics point out that this invasion of privacy is a breach of parental trust in the health professional. Vaught uses the fiduciary obligation of trust to argue that the parents' entrustment of their child's health and well-being to the health professional means that covert video surveillance in cases of suspected child abuse does not constitute a breach of trust.
-A health professional's discretionary power is limited by a patient's

A) beneficence.
B) confidentiality.
C) autonomy.
D) paternalism.

Question 55

Wayne Vaught | Parents, Lies, and Videotape: Covert Video Surveillance in Pediatric Care
Vaught takes on the pros and cons of covert video surveillance in cases of suspected child abuse, focusing specifically on Munchausen's Syndrome by Proxy cases involving children abused by their own parents. Proponents argue that it is necessary since these cases are so difficult to confirm otherwise, while critics point out that this invasion of privacy is a breach of parental trust in the health professional. Vaught uses the fiduciary obligation of trust to argue that the parents' entrustment of their child's health and well-being to the health professional means that covert video surveillance in cases of suspected child abuse does not constitute a breach of trust.
-In cases of suspected child abuse, according to Vaught, health professionals who abandon ___________ to protect children are fulfilling their fiduciary obligations.

A) parental consent
B) parental alienation
C) trust
D) beneficence

Question 56

Wayne Vaught | Parents, Lies, and Videotape: Covert Video Surveillance in Pediatric Care
Vaught takes on the pros and cons of covert video surveillance in cases of suspected child abuse, focusing specifically on Munchausen's Syndrome by Proxy cases involving children abused by their own parents. Proponents argue that it is necessary since these cases are so difficult to confirm otherwise, while critics point out that this invasion of privacy is a breach of parental trust in the health professional. Vaught uses the fiduciary obligation of trust to argue that the parents' entrustment of their child's health and well-being to the health professional means that covert video surveillance in cases of suspected child abuse does not constitute a breach of trust.
-Where there is no ___________ of privacy, such as in a hospital room, covert video surveillance does not constitute an unwarranted limitation of privacy.

A) knowledge
B) principle
C) limitation
D) reasonable expectation

Question 57

Wayne Vaught | Parents, Lies, and Videotape: Covert Video Surveillance in Pediatric Care
Vaught takes on the pros and cons of covert video surveillance in cases of suspected child abuse, focusing specifically on Munchausen's Syndrome by Proxy cases involving children abused by their own parents. Proponents argue that it is necessary since these cases are so difficult to confirm otherwise, while critics point out that this invasion of privacy is a breach of parental trust in the health professional. Vaught uses the fiduciary obligation of trust to argue that the parents' entrustment of their child's health and well-being to the health professional means that covert video surveillance in cases of suspected child abuse does not constitute a breach of trust.
-When covert video surveillance is used in cases of suspected child abuse, health professionals must still protect the ___________ of the parents.

A) privacy
B) confidentiality
C) trust
D) observation

Question 58

Wayne Vaught | Parents, Lies, and Videotape: Covert Video Surveillance in Pediatric Care
Vaught takes on the pros and cons of covert video surveillance in cases of suspected child abuse, focusing specifically on Munchausen's Syndrome by Proxy cases involving children abused by their own parents. Proponents argue that it is necessary since these cases are so difficult to confirm otherwise, while critics point out that this invasion of privacy is a breach of parental trust in the health professional. Vaught uses the fiduciary obligation of trust to argue that the parents' entrustment of their child's health and well-being to the health professional means that covert video surveillance in cases of suspected child abuse does not constitute a breach of trust.
-Although pediatric health professionals do have fiduciary obligations to parents, most pediatricians view their primary fiduciary relationship as being

A) to their staff.
B) to the hospital administration.
C) to the public interest.
D) with the child.

Question 59

How do you understand the role of discretionary powers in the fiduciary relationship between pediatric health professionals, parents, and children? Do you see an inevitable power struggle occurring between health professionals and parents in wanting control of the children and in trusting each other? Explain your answer.

Question 60

Do you find yourself siding more with the proponents or critics of the use of covert video surveillance in pediatric care? Be specific in stating reasons and examples in support of your thesis and provide counterexamples to weaken the opposing view.

Question 61

Jesper Ryberg | Privacy Rights, Crime Prevention, CCTV, and the Life of Mrs. Aremac
Ryberg looks at the question of whether CCTV violates, or is even relevant to, people's rights to privacy. He compares the use of CCTV to a "Mrs. Aremac," who sits observing the street from an upper window, and examines several arguments based on being unknowingly observed, on observational motive, and on collection of information. His conclusion is that if Mrs. Aremac does not violate anyone's rights, then neither does CCTV.
-Critics of the increasing use of CCTV argue that it is a(n) ___________ privacy.

A) logical extension of
B) institutional necessity of
C) acceptable intrusion on
D) unacceptable intrusion on

Question 62

Jesper Ryberg | Privacy Rights, Crime Prevention, CCTV, and the Life of Mrs. Aremac
Ryberg looks at the question of whether CCTV violates, or is even relevant to, people's rights to privacy. He compares the use of CCTV to a "Mrs. Aremac," who sits observing the street from an upper window, and examines several arguments based on being unknowingly observed, on observational motive, and on collection of information. His conclusion is that if Mrs. Aremac does not violate anyone's rights, then neither does CCTV.
-Whether or not we regard an act as intrusive generally depends on its

A) verifiability.
B) context.
C) isolation.
D) repetition.

Question 63

Jesper Ryberg | Privacy Rights, Crime Prevention, CCTV, and the Life of Mrs. Aremac
Ryberg looks at the question of whether CCTV violates, or is even relevant to, people's rights to privacy. He compares the use of CCTV to a "Mrs. Aremac," who sits observing the street from an upper window, and examines several arguments based on being unknowingly observed, on observational motive, and on collection of information. His conclusion is that if Mrs. Aremac does not violate anyone's rights, then neither does CCTV.
-Ryberg cannot see how reference to observation that is not ___________ could point to moral differences between Mrs. Aremac and CCTV.

A) casual and momentary
B) simple
C) complex
D) verifiable

Question 64

Jesper Ryberg | Privacy Rights, Crime Prevention, CCTV, and the Life of Mrs. Aremac
Ryberg looks at the question of whether CCTV violates, or is even relevant to, people's rights to privacy. He compares the use of CCTV to a "Mrs. Aremac," who sits observing the street from an upper window, and examines several arguments based on being unknowingly observed, on observational motive, and on collection of information. His conclusion is that if Mrs. Aremac does not violate anyone's rights, then neither does CCTV.
-According to Ryberg, if one accepts that Mrs. Aremac is ___________ anyone's rights, then one cannot argue that being unknowingly observed by CCTV is problematic.

A) violating
B) not violating
C) disrespecting
D) abusing

Question 65

Jesper Ryberg | Privacy Rights, Crime Prevention, CCTV, and the Life of Mrs. Aremac
Ryberg looks at the question of whether CCTV violates, or is even relevant to, people's rights to privacy. He compares the use of CCTV to a "Mrs. Aremac," who sits observing the street from an upper window, and examines several arguments based on being unknowingly observed, on observational motive, and on collection of information. His conclusion is that if Mrs. Aremac does not violate anyone's rights, then neither does CCTV.
-The problem of not knowing that one is being observed includes

A) being watched without knowing this.
B) suspecting one is being watched.
C) not knowing who is watching or from where.
D) all of the above

Question 66

Jesper Ryberg | Privacy Rights, Crime Prevention, CCTV, and the Life of Mrs. Aremac
Ryberg looks at the question of whether CCTV violates, or is even relevant to, people's rights to privacy. He compares the use of CCTV to a "Mrs. Aremac," who sits observing the street from an upper window, and examines several arguments based on being unknowingly observed, on observational motive, and on collection of information. His conclusion is that if Mrs. Aremac does not violate anyone's rights, then neither does CCTV.
-According to Ryberg, there is no difference between ___________ one is being watched and not knowing one is being watched.

A) knowing
B) not thinking
C) suspecting
D) not caring if

Question 67

Jesper Ryberg | Privacy Rights, Crime Prevention, CCTV, and the Life of Mrs. Aremac
Ryberg looks at the question of whether CCTV violates, or is even relevant to, people's rights to privacy. He compares the use of CCTV to a "Mrs. Aremac," who sits observing the street from an upper window, and examines several arguments based on being unknowingly observed, on observational motive, and on collection of information. His conclusion is that if Mrs. Aremac does not violate anyone's rights, then neither does CCTV.
-Ryberg states that the argument from motive fails because

A) motive has everything to do with privacy rights.
B) motive has nothing to do with privacy rights.
C) there is no way to determine when how much is too much.
D) it is possible to determine when how much is too much.

Question 68

Jesper Ryberg | Privacy Rights, Crime Prevention, CCTV, and the Life of Mrs. Aremac
Ryberg looks at the question of whether CCTV violates, or is even relevant to, people's rights to privacy. He compares the use of CCTV to a "Mrs. Aremac," who sits observing the street from an upper window, and examines several arguments based on being unknowingly observed, on observational motive, and on collection of information. His conclusion is that if Mrs. Aremac does not violate anyone's rights, then neither does CCTV.
-According to Ryberg, if the motive for observation is the reduction of crime, then people's rights to privacy are

A) violated.
B) not violated.
C) upheld.
D) respected.

Question 69

Jesper Ryberg | Privacy Rights, Crime Prevention, CCTV, and the Life of Mrs. Aremac
Ryberg looks at the question of whether CCTV violates, or is even relevant to, people's rights to privacy. He compares the use of CCTV to a "Mrs. Aremac," who sits observing the street from an upper window, and examines several arguments based on being unknowingly observed, on observational motive, and on collection of information. His conclusion is that if Mrs. Aremac does not violate anyone's rights, then neither does CCTV.
-Ryberg states that the argument from amount of information fails because

A) motive has everything to do with privacy rights.
B) motive has nothing to do with privacy rights.
C) there is no way to determine when how much is too much.
D) it is possible to determine when how much is too much.

Question 70

Jesper Ryberg | Privacy Rights, Crime Prevention, CCTV, and the Life of Mrs. Aremac
Ryberg looks at the question of whether CCTV violates, or is even relevant to, people's rights to privacy. He compares the use of CCTV to a "Mrs. Aremac," who sits observing the street from an upper window, and examines several arguments based on being unknowingly observed, on observational motive, and on collection of information. His conclusion is that if Mrs. Aremac does not violate anyone's rights, then neither does CCTV.
-According to Ryberg, while CCTV could be relevant to other moral problems, it is

A) not relevant to privacy rights.
B) also relevant to privacy rights.
C) not defensible by law.
D) defensible by law.
Essay Question

Question 71

Ryberg states that the motive behind observation is not relevant to people's right to privacy. Do you agree? How would cases of stalking and restraining orders fit into this discussion, in your opinion?

Question 72

Bo Brinkman | An Analysis of Student Privacy Rights in the Use of Plagiarism Detection Systems
Brinkman looks at the question of whether plagiarism detection services such as TurnItIn.com violate students' privacy rights and whether the possible harm they cause is outweighed by professors' duty to provide fair evaluations of their work. He concludes that though these types of services will continue to be used, more harm may be caused by the permanent archives of student work.
-Plagiarism detection services such as TurnItIn.com are controversial because they may violate students'

A) freedom of speech.
B) creative freedom.
C) privacy rights.
D) personal space.

Question 73

Bo Brinkman | An Analysis of Student Privacy Rights in the Use of Plagiarism Detection Systems
Brinkman looks at the question of whether plagiarism detection services such as TurnItIn.com violate students' privacy rights and whether the possible harm they cause is outweighed by professors' duty to provide fair evaluations of their work. He concludes that though these types of services will continue to be used, more harm may be caused by the permanent archives of student work.
-The ethical question about plagiarism detection services for Brinkman is whether the ___________ students is outweighed by the duty of professors to evaluate student work.

A) freedom to teach to
B) risk of future harm to
C) style of teaching for
D) benefits of quoting to

Question 74

Bo Brinkman | An Analysis of Student Privacy Rights in the Use of Plagiarism Detection Systems
Brinkman looks at the question of whether plagiarism detection services such as TurnItIn.com violate students' privacy rights and whether the possible harm they cause is outweighed by professors' duty to provide fair evaluations of their work. He concludes that though these types of services will continue to be used, more harm may be caused by the permanent archives of student work.
-Under US law, information is considered private if it is both personal and

A) secret.
B) shared.
C) likely to be publicly disclosed.
D) unlikely to be publicly disclosed.

Question 75

Bo Brinkman | An Analysis of Student Privacy Rights in the Use of Plagiarism Detection Systems
Brinkman looks at the question of whether plagiarism detection services such as TurnItIn.com violate students' privacy rights and whether the possible harm they cause is outweighed by professors' duty to provide fair evaluations of their work. He concludes that though these types of services will continue to be used, more harm may be caused by the permanent archives of student work.
-According to Brinkman, US law makes it clear that students have the right to expect their school work to be treated as

A) permanent archives.
B) public records.
C) personal information.
D) independent sources.

Question 76

Bo Brinkman | An Analysis of Student Privacy Rights in the Use of Plagiarism Detection Systems
Brinkman looks at the question of whether plagiarism detection services such as TurnItIn.com violate students' privacy rights and whether the possible harm they cause is outweighed by professors' duty to provide fair evaluations of their work. He concludes that though these types of services will continue to be used, more harm may be caused by the permanent archives of student work.
-Richard Posner's definition of plagiarism emphasizes the negative effect on the audience of being misinformed about the

A) potential harm to future audiences.
B) reaction of previous audiences.
C) identity of the author.
D) intention of the author.

Question 77

Bo Brinkman | An Analysis of Student Privacy Rights in the Use of Plagiarism Detection Systems
Brinkman looks at the question of whether plagiarism detection services such as TurnItIn.com violate students' privacy rights and whether the possible harm they cause is outweighed by professors' duty to provide fair evaluations of their work. He concludes that though these types of services will continue to be used, more harm may be caused by the permanent archives of student work.
-Educators generally ___________ the use of plagiarism detection services on the basis of their responsibility to grade students fairly.

A) defend
B) oppose
C) represent
D) misrepresent

Question 78

Bo Brinkman | An Analysis of Student Privacy Rights in the Use of Plagiarism Detection Systems
Brinkman looks at the question of whether plagiarism detection services such as TurnItIn.com violate students' privacy rights and whether the possible harm they cause is outweighed by professors' duty to provide fair evaluations of their work. He concludes that though these types of services will continue to be used, more harm may be caused by the permanent archives of student work.
-According to Brinkman, educators have a duty to ___________ students about the potential audience for their works.

A) partially inform
B) fully inform
C) deceive
D) fail to disclose

Question 79

Bo Brinkman | An Analysis of Student Privacy Rights in the Use of Plagiarism Detection Systems
Brinkman looks at the question of whether plagiarism detection services such as TurnItIn.com violate students' privacy rights and whether the possible harm they cause is outweighed by professors' duty to provide fair evaluations of their work. He concludes that though these types of services will continue to be used, more harm may be caused by the permanent archives of student work.
-The example of Hillary Rodham Clinton's undergraduate thesis demonstrates that there are times when students may regret that their works have been

A) plagiarized.
B) temporarily archived.
C) destroyed.
D) permanently archived.

Question 80

Bo Brinkman | An Analysis of Student Privacy Rights in the Use of Plagiarism Detection Systems
Brinkman looks at the question of whether plagiarism detection services such as TurnItIn.com violate students' privacy rights and whether the possible harm they cause is outweighed by professors' duty to provide fair evaluations of their work. He concludes that though these types of services will continue to be used, more harm may be caused by the permanent archives of student work.
-According to Brinkman, a college's archiving of all student theses differs from that of plagiarism detection services such as TurnItIn.com because

A) students are unaware that their theses are archived.
B) professors are unaware that student theses are archived.
C) it is possible for students to be unaware of TurnItIn.com.
D) it is not possible for students to be unaware of TurnItIn.com.