Legal and ethical dilemmas

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The use of private enterprises to perform such public services as the operation of prisons and the provision of social services poses legal and ethical dilemmas because Select one:

a. the Constitution protects individuals only from actions by the government

b. private enterprises have an inherent conflict of interest with government

c. private enterprises may discriminate against workers and those for whom they are supposed to provide services

d. private employees do not receive public pensions and other benefits

2) Among the policy objections to the provision of government services by private corporations is Select one:

a. the non-profit or voluntary sector would better provide government services

b. the primary duty of corporations is to make a profit for its shareholders which may not serve the public interest

c. it constitutes an unconstitutional delegation of government responsibility

d. corporations only provide government services that have become market failures

3) Whether a private enterprise providing government services can be held to the same constitutional standards as the government itself depends upon Select one:

a. whether the private enterprise can be considered a legal “person”

b. whether it is providing services because of a market failure of the government

c. whether there is a sufficient connection between the government function and the challenged action by the private enterprise

d. whether the private enterprise is for profit or non profit

4) Government contracts with religious organizations Select one:

a. are constitutional as long as government funds support only non-religious activities of the organization

b. are an unconstitutional violation of the separation of church and state

c. are constitutional as long as the religious organization does not discriminate in employment and hire only members of its faith

d. are constitutional because of the freedom-of-religion clause of the First Amendment

5) The best argument a lawyer might make on behalf of a child who is abused in a shelter run by a non-profit organization contracting with the government for the care of wards of the state would be Select one:

a. the government was responsible because the shelter was supported by public funds

b. the government had a responsibility to supervise the employees of the organization

c. it was unconstitutional for the government to contract with a non-profit organization to provide social services

d. the non-profit organization and its employees were agents of the government and the government is responsible for the actions of its agents

6) It could be argued that, though they work for private corporations, journalists have a duty to the public because Select one:

a. democracy requires that a responsible press act in the public interest so that the electorate is well informed about the processes of government

b. newspapers were historically funded by political parties

c. their companies receive public money in the form of political-campaign and government advertising

d. the First Amendment protection of freedom of the press carries a corollary responsibility on the part of the press

7) Penelope Pencil-Pusher can refuse to divulge the source of her expose on the mayor of Ringworm, New Jersey Select one:

a. because there is a common law privilege that protects confidentiality of sources

b. because the Supreme Court has ruled that the First Amendment’s protection of freedom of the press protects her

c. only if the state has a shield law that protects her

8) A judge who joins the Ku Klux Klan Select one:

a. cannot claim that she was acting as a private citizen

b. might be deemed unethical because her membership compromises her ability to be and appear unbiased on the bench

c. can claim qualified immunity

d. can claim no constitutional infringement

9) A public official who accepts Machiavelli’s principle of dualism would argue Select one:

a. there are different expectations for the conduct of elected public officials than there are for appointed civil servants

b. that her sexual indiscretions are private matters that have no bearing on her actions as a public official

c. a public official can expect different conduct from her employees than are required of herd. that there is no difference between what is expected of her in her private life than what is expected of her in her public position

10) Diversity in government is important Select one:

a. to promote freedom of thought and diverse opinions on the proper role and functions of government

b. to comply with court-mandated quotas concerning race and gender

c. as reparations or compensation for past discrimination

d. only to produce a racially balanced and representative workforce that is responsive to the needs of the people

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