Question 1

California caps noneconomic damages in medical malpractice cases at $250,000.California and other states hope that such limits will reduce health-care expenditures by reducing&#10;A)the frequency and severity of medical malpractice claims.&#10;B)the frequency and severity of occurrences of medical negligence.&#10;C)the number of legal and financial personnel,including attorneys.&#10;D)the size of medical staffs,including &#34;nonessential&#34; personnel.

Accepted Answer

Caps on noneconomic damages aim to reduce the frequency and severity of medical malpractice claims by limiting the amount of compensation plaintiffs can receive for intangible harm such as pain and suffering. This may incentivize healthcare providers to avoid risky practices and lead to fewer malpractice suits and lower healthcare expenditures.

Question 2

ReadIt,Inc. ,develops an internationally popular Web site,tailoring its features to the censorship requirements of various governments.Critics charge ReadIt with "decapitating the voice of dissent." Ethically,the best argument in favor of ReadIt's policy is

A)ReadIt is merely following the lead of governments everywhere.
B)ReadIt is only seeking profits in lucrative markets.
C)ReadIt's action is a common international practice.
D)ReadIt's approach is a move toward more open access in the future.

D

Accepted Answer

ReadIt's approach, although criticized for stifling dissent, can be seen as a necessary compromise in order to provide access to its platform in countries with strict censorship laws. By tailoring its features to meet these requirements, ReadIt is able to provide access to information that would otherwise be banned in these countries. Additionally, this approach can pave the way for more open access in the future, as it allows ReadIt to establish a presence in these markets and potentially influence government policies.

Question 3

The Anti-Counterfeiting Trade Agreement is most likely to establish an international governing body to be&#10;A)subject to the World Intellectual Property Organization.&#10;B)under the auspices of the World Trade Organization.&#10;C)part of the Internet Corporation for Assigned Names and Numbers.&#10;D)separate and distinct from existing groups.

Accepted Answer

D

Question 4

Movies,Inc.(MI),releases on DVD Nothing to Hide,a film focusing on the lack of privacy in cy?berspace.Owen posts online computer code that cracks the DVD's encryption,allowing users to make unauthorized copies.MI files a suit against Owen.The court is most likely to rule that

A)computer code is a form of "pure speech."
B)the First Amendment completely protects computer code.
C)the First Amendment does not apply to computer code.
D)the First Amendment protects computer code to a lesser extent.

Accepted Answer

While computer code may be considered a form of expression or speech, it is not completely protected by the First Amendment. Courts have previously ruled that the government may regulate and limit speech if it poses a significant threat to public safety or national security. In this case, Owen's computer code could be viewed as a threat to the economic interests of Movies, Inc. and copyright law, and thus the court is likely to rule that the First Amendment protects computer code to a lesser extent.

Question 5

Lauren,a basketball coach at State University,schemes to fraudulently obtain scholarships for her team's players.This is most likely&#10;A)honest-services fraud,a federal crime.&#10;B)a violation of collegiate athletic rules but no crime.&#10;C)a breach of university rules but no civil or criminal wrong.&#10;D)unethical but no crime.

Accepted Answer

Lauren's scheme to fraudulently obtain scholarships is a form of dishonesty and falls under the category of honest-services fraud, which is a federal crime. It involves a breach of fiduciary duty or a situation where a person uses their position of trust for personal gain, in this case, obtaining scholarships for the players for monetary or personal gain.

Question 6

One night,Kyle discovers Lee,an intruder,in Kyle's home.Kyle shoots and kills Lee.With respect to criminal prosecution for this use of deadly force,under a duty-to-retreat law Kyle&#10;A)is presumed innocent or may be exempt from prosecution.&#10;B)must prove that he first told Lee to &#34;Get out!&#34; or to &#34;Retreat!&#34;&#10;C)must prove that he first tried to retreat or that his life was in danger.&#10;D)must prove that Lee did not try to retreat or acted without regard for his own life.

Accepted Answer

Under a duty-to-retreat law, Kyle must demonstrate that he attempted to retreat or that his life was in imminent danger before using deadly force.

Deck 7: C: Negligence and Strict Liability