QUESTION 32 What did the old tort theorists conclude was the overriding question
ID: 2655285 • Letter: Q
Question
QUESTION 32
What did the old tort theorists conclude was the overriding question that the “old law” asked, in accord with their assumptions regarding it?
How did one know when a customer must be identified as the recipient of the costs?
How did the parties agree to allocate the costs of the accident?
How would a party know when it would have to pay uncovered liabilities?
How would a party know in what cases it was supposed to insure itself?
0.5 points
QUESTION 33
Huber discusses “the Founders,” meaning:
The original theorists of ecology
The Founding Fathers
The founders of modern tort law
The first moral theorists
0.5 points
QUESTION 34
A crucial case for Huber is the defective Shopsmith in:
Posner
Greeman
Prosser
Calabresi
0.5 points
QUESTION 35
Why does Dowie think that Ford’s cost-benefit analysis is a moral problem?
It places a dollar value on human life.
It is dishonest and includes lies about the Pinto's safety.
It shows that Ford made the Pinto unsafe on purpose.
Dowie doesn't actually think that Ford was morally wrong.
0.5 points
QUESTION 36
Werhane’s main point about the Pinto case is that:
Ford was completely innocent of wrongdoing.
A powerful narrative like Dowie’s article can bring the truth to a wider audience.
Ford was completely responsible for the deaths caused by Pintos.
A powerful narrative like Dowie’s article can skew our perception of the facts.
0.5 points
QUESTION 37
Thomson considers this rule: liability is to be shared between the actual harm-causer and anyone else who acted:
Reasonably
Justly
Negligently
Defensively
0.5 points
QUESTION 38
Thomson outlines three things a plaintiff must show in order to win his case. All of the following are discussed EXCEPT:
The plantiff suffered from harm or loss.
An act or omission of the defendant caused the harm or loss.
The defendant is at fault in so acting or refraining from acting.
None of the above.
0.5 points
QUESTION 39
Ciulla contends that the failure of leaders:
Can be excused.
Are often exaggerated.
Seem more "extravagant" than those of nonleaders.
Carry more "weight" than those of nonleaders.
0.5 points
QUESTION 40
Ciulla argues that American writers used to pay more attention to the moral virtues of leaders than to:
Their chiseled features.
Their personality traits.
Their victories and successes.
Their hopes and dreams.
0.5 points
QUESTION 41
Ciulla points out that while history portrays many leaders as winners, what is rarely questioned?
The intentions of the leader.
The ideological motives.
The needs of the leader.
All of the above.
0.5 points
QUESTION 42
Which is the area in which leaders must be more “meticulous,” according to Ciulla, than ordinary people?
Consistency
Truthfulness
Legal Record
Personal Relationships
0.5 points
QUESTION 43
We often characterize leaders, in Ciulla’s view, according to what?
Their ability to stay out of conflict.
Their ability to benefit the most people.
Their ability to lead.
Their ability to bring about change.
0.5 points
QUESTION 44
Robinhoodism is what, for Ciulla?
Stealing from the poor and giving to the middle class.
Leading a brand of social "rebels" motivated by social privileges.
A type of Machiavellianism.
All of the above.
0.5 points
QUESTION 45
When Machiavelli uses the metaphor of “the lion,” he is referring to what?
Destroying the strategy of an opponent.
Courage.
Using fear as a weapon.
Using love to motivate one's soldiers.
0.5 points
QUESTION 46
According to Machiavelli, when “a Prince is with his army, and has many soldiers under his command,” he needs a certain reputation to keep his command together. He needs a reputation for:
Kindness
"The Beast"
Cruelty
Morality
0.5 points
QUESTION 47
Is it better to be loved or feared, according to Machiavelli, and why?
Feared, because that depends on the Prince and the people.
Loved, because that depends on the Prince alone.
Loved, because that depends on the Prince and the people.
Feared, because that depends on the Prince alone.
0.5 points
QUESTION 48
Machiavelli insists that the Prince should “do his utmost to escape”:
Harm
Power
Enemies
Hatred
0.5 points
QUESTION 49
Machiavelli would argue that for the Prince, lying is:
Never expedient.
Always wrong.
Always good.
Sometimes necessary.
0.5 points
QUESTION 50
Ludwig and Longenecker use the story of David and Bathsheba as a lesson in what, as it applies to being in a position of leadership?
Success
Chastity
Temptation
Delegation
How did one know when a customer must be identified as the recipient of the costs?
How did the parties agree to allocate the costs of the accident?
How would a party know when it would have to pay uncovered liabilities?
How would a party know in what cases it was supposed to insure itself?
Explanation / Answer
Question Answer 33 The founders of modern tort law 34 Greenman 35 Dowie doesn't actually think that Ford was morally wrong. 36 A powerful narrative like Dowie’s article can bring the truth to a wider audience. 37 Negligently 39 Seem more "extravagant" than those of nonleaders. 40 Their personality traits. 41 The intentions of the leader. 42 Consistency 43 Their ability to benefit the most people. 44 A type of Machiavellianism. 45 Using fear as a weapon. 46 The Beast 47 Feared, because that depends on the Prince alone. 48 Hatred 49 Sometimes necessary.