Deck 3: Professional Duties, Clients Rights

Question 1

Michael D. Bayles | The Professional-Client Relationship
Bayles presents a number of ethical models relevant to the professional-client relationship, based on the proportion of authority and responsibility expected from each: agency, contract, friendship, paternalism, and fiduciary. He concludes with support for a model that gives the most freedom and authority to clients, given their knowledge of the situation, a contract between equals whenever possible, and a paternalistic model only for cases in which a client may be incompetent
-According to Bayles, the central issue in the professional-client relationship is the question of

A) who pays for the services.
B) who makes what decisions.
C) who provides the expert knowledge.
D) how the client found the professional.

Answer 1

B

Question 2

Michael D. Bayles | The Professional-Client Relationship
Bayles presents a number of ethical models relevant to the professional-client relationship, based on the proportion of authority and responsibility expected from each: agency, contract, friendship, paternalism, and fiduciary. He concludes with support for a model that gives the most freedom and authority to clients, given their knowledge of the situation, a contract between equals whenever possible, and a paternalistic model only for cases in which a client may be incompetent
-The ethical model in which the client has most of the authority and responsibility for decisions is the ___________ model.

A) paternalistic
B) friendship
C) agency
D) fiduciary

Answer 2

C

Question 3

Michael D. Bayles | The Professional-Client Relationship
Bayles presents a number of ethical models relevant to the professional-client relationship, based on the proportion of authority and responsibility expected from each: agency, contract, friendship, paternalism, and fiduciary. He concludes with support for a model that gives the most freedom and authority to clients, given their knowledge of the situation, a contract between equals whenever possible, and a paternalistic model only for cases in which a client may be incompetent
-In a contract model of the professional-client relationship,

A) a mutual agreement is held between bargaining equals.
B) a professional expert acts at the direction of the client.
C) there is a bureaucratic employer-employee relationship.
D) the client is incapable of giving informed consent.

Answer 3

A

Question 4

Michael D. Bayles | The Professional-Client Relationship
Bayles presents a number of ethical models relevant to the professional-client relationship, based on the proportion of authority and responsibility expected from each: agency, contract, friendship, paternalism, and fiduciary. He concludes with support for a model that gives the most freedom and authority to clients, given their knowledge of the situation, a contract between equals whenever possible, and a paternalistic model only for cases in which a client may be incompetent
-___________ of knowledge and value can lead to problems in a professional-client relationship based on a contract.

A) Parity
B) Virtues
C) Inequalities
D) Equalities

Question 5

Michael D. Bayles | The Professional-Client Relationship
Bayles presents a number of ethical models relevant to the professional-client relationship, based on the proportion of authority and responsibility expected from each: agency, contract, friendship, paternalism, and fiduciary. He concludes with support for a model that gives the most freedom and authority to clients, given their knowledge of the situation, a contract between equals whenever possible, and a paternalistic model only for cases in which a client may be incompetent
-Which of the following is NOT a criticism of the friendship model of the professional-client relationship?

A) The parties have a close relationship of mutual trust and cooperation.
B) The relationship resembles that of prostitution.
C) It describes only a one-way friendship between the parties.
D) It involves a fee, not affection.

Question 6

Michael D. Bayles | The Professional-Client Relationship
Bayles presents a number of ethical models relevant to the professional-client relationship, based on the proportion of authority and responsibility expected from each: agency, contract, friendship, paternalism, and fiduciary. He concludes with support for a model that gives the most freedom and authority to clients, given their knowledge of the situation, a contract between equals whenever possible, and a paternalistic model only for cases in which a client may be incompetent
-The model that simply assumes the superior position of the professional to the client is

A) agency.
B) contract.
C) paternalism.
D) fiduciary.

Question 7

Michael D. Bayles | The Professional-Client Relationship
Bayles presents a number of ethical models relevant to the professional-client relationship, based on the proportion of authority and responsibility expected from each: agency, contract, friendship, paternalism, and fiduciary. He concludes with support for a model that gives the most freedom and authority to clients, given their knowledge of the situation, a contract between equals whenever possible, and a paternalistic model only for cases in which a client may be incompetent
-While clients make choices based on their values, they need the relevant ___________ from professionals to accomplish their goals.

A) correlation
B) dispensation
C) compensation
D) information

Question 8

Michael D. Bayles | The Professional-Client Relationship
Bayles presents a number of ethical models relevant to the professional-client relationship, based on the proportion of authority and responsibility expected from each: agency, contract, friendship, paternalism, and fiduciary. He concludes with support for a model that gives the most freedom and authority to clients, given their knowledge of the situation, a contract between equals whenever possible, and a paternalistic model only for cases in which a client may be incompetent
-The fiduciary model of the professional-client relationship is based on

A) authority.
B) trust.
C) friendship.
D) equality.

Question 9

Michael D. Bayles | The Professional-Client Relationship
Bayles presents a number of ethical models relevant to the professional-client relationship, based on the proportion of authority and responsibility expected from each: agency, contract, friendship, paternalism, and fiduciary. He concludes with support for a model that gives the most freedom and authority to clients, given their knowledge of the situation, a contract between equals whenever possible, and a paternalistic model only for cases in which a client may be incompetent
-To the extent a professional neglects a client's values and interests, the client's ___________ is also sacrificed.

A) accountability
B) responsibility
C) autonomy
D) trustworthiness

Question 10

Michael D. Bayles | The Professional-Client Relationship
Bayles presents a number of ethical models relevant to the professional-client relationship, based on the proportion of authority and responsibility expected from each: agency, contract, friendship, paternalism, and fiduciary. He concludes with support for a model that gives the most freedom and authority to clients, given their knowledge of the situation, a contract between equals whenever possible, and a paternalistic model only for cases in which a client may be incompetent
-According to Bayles, the less a client's knowledge and capacity to understand, the greater the professional's ___________ the client.

A) neglect of
B) responsibilities to
C) options for
D) trust of

Question 11

Bayles discusses both justifications for and criticisms of the paternalism model. State at least two of each and follow up with your own analysis of the usefulness and ethical value of applying this model to the professional-client relationship.

Question 12

Why does Bayles select the fiduciary model as the one most representative of an ethical professional-client relationship? Do you agree? Why or why not?

Question 13

Joel J. Kupperman | Autonomy and the Very Limited Role of Advocacy in the Classroom
Kupperman observes that students tend to go through stages when they are introduced to controversial topics in college, from frustration through relativism to, ideally, a personal point of view balanced with appreciation for differing opinions. He stresses the importance of a student's autonomy in building a personal opinion, which should never be unduly influenced by the professor, and promotes the development of more formal and informal codes of ethics in education to mirror those in the legal and medical professions.
-Kupperman's thesis in this reading is that a teacher's ___________ his or her own personal view on a controversial issue in the classroom is most likely inappropriate.

A) aversion for
B) advocacy for
C) presentation of
D) agreement with

Question 14

Joel J. Kupperman | Autonomy and the Very Limited Role of Advocacy in the Classroom
Kupperman observes that students tend to go through stages when they are introduced to controversial topics in college, from frustration through relativism to, ideally, a personal point of view balanced with appreciation for differing opinions. He stresses the importance of a student's autonomy in building a personal opinion, which should never be unduly influenced by the professor, and promotes the development of more formal and informal codes of ethics in education to mirror those in the legal and medical professions.
-The ideal stance for a student to develop toward controversial issues, according to Kupperman, is to

A) be opinionated without truly hearing opposing views.
B) be able to compare opinions without committing to a personal view.
C) balance one's personal view with appreciation for opposing views.
D) be opinionated and ignorant of opposing views.

Question 15

Joel J. Kupperman | Autonomy and the Very Limited Role of Advocacy in the Classroom
Kupperman observes that students tend to go through stages when they are introduced to controversial topics in college, from frustration through relativism to, ideally, a personal point of view balanced with appreciation for differing opinions. He stresses the importance of a student's autonomy in building a personal opinion, which should never be unduly influenced by the professor, and promotes the development of more formal and informal codes of ethics in education to mirror those in the legal and medical professions.

-To have an "anxiety of influence" in the classroom means that teachers

A) influence students with a personal view.
B) do not influence students with a personal view.
C) produce clones of themselves.
D) do not teach controversial subjects.

Question 16

Joel J. Kupperman | Autonomy and the Very Limited Role of Advocacy in the Classroom
Kupperman observes that students tend to go through stages when they are introduced to controversial topics in college, from frustration through relativism to, ideally, a personal point of view balanced with appreciation for differing opinions. He stresses the importance of a student's autonomy in building a personal opinion, which should never be unduly influenced by the professor, and promotes the development of more formal and informal codes of ethics in education to mirror those in the legal and medical professions.
-Kupperman points out the importance of ___________ in a free society, maintained by students who both develop reflective opinions and understand opposing views.

A) civic duty
B) secular duty
C) civic humanism
D) secular humanism

Question 17

Joel J. Kupperman | Autonomy and the Very Limited Role of Advocacy in the Classroom
Kupperman observes that students tend to go through stages when they are introduced to controversial topics in college, from frustration through relativism to, ideally, a personal point of view balanced with appreciation for differing opinions. He stresses the importance of a student's autonomy in building a personal opinion, which should never be unduly influenced by the professor, and promotes the development of more formal and informal codes of ethics in education to mirror those in the legal and medical professions.
-The key value in educating students for future political responsibility is

A) autonomy.
B) memorization.
C) self-interest.
D) strength.

Question 18

Joel J. Kupperman | Autonomy and the Very Limited Role of Advocacy in the Classroom
Kupperman observes that students tend to go through stages when they are introduced to controversial topics in college, from frustration through relativism to, ideally, a personal point of view balanced with appreciation for differing opinions. He stresses the importance of a student's autonomy in building a personal opinion, which should never be unduly influenced by the professor, and promotes the development of more formal and informal codes of ethics in education to mirror those in the legal and medical professions.
-Insofar as people are in charge of their lives, we hold them ___________ their actions.

A) not responsible for
B) responsible for
C) committed to
D) not committed to

Question 19

Joel J. Kupperman | Autonomy and the Very Limited Role of Advocacy in the Classroom
Kupperman observes that students tend to go through stages when they are introduced to controversial topics in college, from frustration through relativism to, ideally, a personal point of view balanced with appreciation for differing opinions. He stresses the importance of a student's autonomy in building a personal opinion, which should never be unduly influenced by the professor, and promotes the development of more formal and informal codes of ethics in education to mirror those in the legal and medical professions.
-Since autonomy can be a matter of degree, according to Kupperman, it is possible to have a well-developed sense of ___________ in some areas of life and not in others.

A) loss
B) humor
C) self
D) entitlement

Question 20

Joel J. Kupperman | Autonomy and the Very Limited Role of Advocacy in the Classroom
Kupperman observes that students tend to go through stages when they are introduced to controversial topics in college, from frustration through relativism to, ideally, a personal point of view balanced with appreciation for differing opinions. He stresses the importance of a student's autonomy in building a personal opinion, which should never be unduly influenced by the professor, and promotes the development of more formal and informal codes of ethics in education to mirror those in the legal and medical professions.
-Which of the following is NOT a threat to a student's autonomy?

A) coercion
B) manipulation
C) advocacy
D) respect

Question 21

Joel J. Kupperman | Autonomy and the Very Limited Role of Advocacy in the Classroom
Kupperman observes that students tend to go through stages when they are introduced to controversial topics in college, from frustration through relativism to, ideally, a personal point of view balanced with appreciation for differing opinions. He stresses the importance of a student's autonomy in building a personal opinion, which should never be unduly influenced by the professor, and promotes the development of more formal and informal codes of ethics in education to mirror those in the legal and medical professions.
-Rules linked to formal sanctions for college professors, such as plagiarism, would allow

A) exceptions.
B) no exceptions.
C) room for interpretation.
D) doubt.

Question 22

Joel J. Kupperman | Autonomy and the Very Limited Role of Advocacy in the Classroom
Kupperman observes that students tend to go through stages when they are introduced to controversial topics in college, from frustration through relativism to, ideally, a personal point of view balanced with appreciation for differing opinions. He stresses the importance of a student's autonomy in building a personal opinion, which should never be unduly influenced by the professor, and promotes the development of more formal and informal codes of ethics in education to mirror those in the legal and medical professions.
-Rules NOT linked to formal sanctions would be analogous to ___________ separating good from mediocre practice.

A) laws
B) morals
C) recommendations
D) disparagements

Question 23

Kupperman describes a classroom exercise designed to promote a student's ability for personal reflection and appreciation of other perspectives. Generate your own example of a controversial topic, state your position, and construct an argument for this position or against an opposing view.

Question 24

Kupperman argues that a professional code of ethics for college teachers could function both as rules linked and not linked to formal sanctions. Explain what he means by this distinction, providing examples for each side. What is your assessment of the importance of such rules in the college environment? Do you or would you feel that you are benefiting from them?

Question 25

John Wesley Hall Jr. | Professional Responsibility for Lawyers
The fact that lawyers have a duty both to their clients as well as to the system leads to situations in which their duties can run counter to the truth. Hall examines the importance of trust and honesty in the legal system, emphasizing the role of personal morals and values in a lawyer's professional life, and concludes with a format for analyzing one's duties as a criminal defense lawyer that includes the Sixth Amendment.
-Hall focuses on the balance lawyers must maintain between obligations to clients and duties to

A) themselves.
B) society.
C) the legal system.
D) peers.

Question 26

John Wesley Hall Jr. | Professional Responsibility for Lawyers
The fact that lawyers have a duty both to their clients as well as to the system leads to situations in which their duties can run counter to the truth. Hall examines the importance of trust and honesty in the legal system, emphasizing the role of personal morals and values in a lawyer's professional life, and concludes with a format for analyzing one's duties as a criminal defense lawyer that includes the Sixth Amendment.
-According to Hall, a lawyer's duties can run counter to the

A) facts.
B) defense.
C) truth.
D) irony.

Question 27

John Wesley Hall Jr. | Professional Responsibility for Lawyers
The fact that lawyers have a duty both to their clients as well as to the system leads to situations in which their duties can run counter to the truth. Hall examines the importance of trust and honesty in the legal system, emphasizing the role of personal morals and values in a lawyer's professional life, and concludes with a format for analyzing one's duties as a criminal defense lawyer that includes the Sixth Amendment.
-The legal system cannot operate smoothly, according to Hall, without

A) trust.
B) conviction.
C) consistency.
D) faith.

Question 28

John Wesley Hall Jr. | Professional Responsibility for Lawyers
The fact that lawyers have a duty both to their clients as well as to the system leads to situations in which their duties can run counter to the truth. Hall examines the importance of trust and honesty in the legal system, emphasizing the role of personal morals and values in a lawyer's professional life, and concludes with a format for analyzing one's duties as a criminal defense lawyer that includes the Sixth Amendment.
-Ethical rules prohibit lawyers from conduct involving dishonesty, fraud, deceit, or

A) continuance.
B) representation.
C) misrepresentation.
D) dismissal.

Question 29

John Wesley Hall Jr. | Professional Responsibility for Lawyers
The fact that lawyers have a duty both to their clients as well as to the system leads to situations in which their duties can run counter to the truth. Hall examines the importance of trust and honesty in the legal system, emphasizing the role of personal morals and values in a lawyer's professional life, and concludes with a format for analyzing one's duties as a criminal defense lawyer that includes the Sixth Amendment.
-Lawyers who are not ___________ do not serve their clients, the justice system, or themselves.

A) credible
B) incredible
C) clever
D) ingenious

Question 30

John Wesley Hall Jr. | Professional Responsibility for Lawyers
The fact that lawyers have a duty both to their clients as well as to the system leads to situations in which their duties can run counter to the truth. Hall examines the importance of trust and honesty in the legal system, emphasizing the role of personal morals and values in a lawyer's professional life, and concludes with a format for analyzing one's duties as a criminal defense lawyer that includes the Sixth Amendment.
-Lawyers will be prosecuted for the following EXCEPT

A) obstructing justice.
B) fairness toward opposing counsel.
C) perjury.
D) tampering with evidence.

Question 31

John Wesley Hall Jr. | Professional Responsibility for Lawyers
The fact that lawyers have a duty both to their clients as well as to the system leads to situations in which their duties can run counter to the truth. Hall examines the importance of trust and honesty in the legal system, emphasizing the role of personal morals and values in a lawyer's professional life, and concludes with a format for analyzing one's duties as a criminal defense lawyer that includes the Sixth Amendment.
-In determining whether conduct is appropriate, a lawyer ___________ include personal morals and ethical considerations.

A) should
B) should not
C) is forbidden to
D) not allowed to

Question 32

John Wesley Hall Jr. | Professional Responsibility for Lawyers
The fact that lawyers have a duty both to their clients as well as to the system leads to situations in which their duties can run counter to the truth. Hall examines the importance of trust and honesty in the legal system, emphasizing the role of personal morals and values in a lawyer's professional life, and concludes with a format for analyzing one's duties as a criminal defense lawyer that includes the Sixth Amendment.
-Lawyers who doubt the moral correctness of conduct that violates their own conscience should

A) refuse to act against their own moral values.
B) act on the client's wishes regardless of the personal violation.
C) withdraw from representing the client.
D) both a and c

Question 33

John Wesley Hall Jr. | Professional Responsibility for Lawyers
The fact that lawyers have a duty both to their clients as well as to the system leads to situations in which their duties can run counter to the truth. Hall examines the importance of trust and honesty in the legal system, emphasizing the role of personal morals and values in a lawyer's professional life, and concludes with a format for analyzing one's duties as a criminal defense lawyer that includes the Sixth Amendment.
-Hall provides an ethical analysis for criminal defense that includes the Sixth Amendment, ___________, personal morals, and professional rules of ethics.

A) other codes of ethics
B) other laws
C) the state bar association
D) other lawyers

Question 34

John Wesley Hall Jr. | Professional Responsibility for Lawyers
The fact that lawyers have a duty both to their clients as well as to the system leads to situations in which their duties can run counter to the truth. Hall examines the importance of trust and honesty in the legal system, emphasizing the role of personal morals and values in a lawyer's professional life, and concludes with a format for analyzing one's duties as a criminal defense lawyer that includes the Sixth Amendment.
-One of the rights granted to the accused in the Sixth Amendment to the Constitution is the right to have assistance of counsel for the

A) prosecution.
B) plaintiff.
C) defense.
D) jury.

Question 35

The greatest irony for lawyers, according to Hall, is in how they balance their duties to the legal system with those of their clients. In what ways does Hall see a clash between these two sets of duties, and what are some examples he gives? Do you agree with Hall that a lawyer can remain loyal and honest at the same time? Why or why not?

Question 36

Hall provides a checklist for a criminal defense lawyer that can serve as a guide for analyzing the ethics of a particular case. What are his four points, and in what way can they help to determine a lawyer's conduct? Can you think of any points to add to this list? Explain why or why not.

Question 37

John K. Davis | Conscientious Refusal and a Doctor's Right to Quit
Davis argues that doctors have a right to conscientious refusal to treat a patient as long as they do not make the patient worse off than he or she would have been had they not gone to the doctor in the first place. This refusal is justified by the restitution approach, which further settles a number of moral controversies that can arise from an "ethics of quitting."
-Davis argues that doctors have a right to ___________ refusal to treat a patient, given certain conditions.

A) conscious
B) conscientious
C) objective
D) objectionable

Question 38

John K. Davis | Conscientious Refusal and a Doctor's Right to Quit
Davis argues that doctors have a right to conscientious refusal to treat a patient as long as they do not make the patient worse off than he or she would have been had they not gone to the doctor in the first place. This refusal is justified by the restitution approach, which further settles a number of moral controversies that can arise from an "ethics of quitting."
-The restitution approach provides a framework for understanding an ethics of

A) medicine.
B) practice.
C) quitting.
D) law.

Question 39

John K. Davis | Conscientious Refusal and a Doctor's Right to Quit
Davis argues that doctors have a right to conscientious refusal to treat a patient as long as they do not make the patient worse off than he or she would have been had they not gone to the doctor in the first place. This refusal is justified by the restitution approach, which further settles a number of moral controversies that can arise from an "ethics of quitting."
-Davis refers to situations when doctors refuse to fulfill a patient's request as

A) conscience cases.
B) referrals.
C) restitutions.
D) terminations.

Question 40

John K. Davis | Conscientious Refusal and a Doctor's Right to Quit
Davis argues that doctors have a right to conscientious refusal to treat a patient as long as they do not make the patient worse off than he or she would have been had they not gone to the doctor in the first place. This refusal is justified by the restitution approach, which further settles a number of moral controversies that can arise from an "ethics of quitting."
-According to Davis, refusal to treat can mean either a termination or ___________ of the doctor-patient relationship.

A) extending
B) ending
C) culmination
D) curtailing

Question 41

John K. Davis | Conscientious Refusal and a Doctor's Right to Quit
Davis argues that doctors have a right to conscientious refusal to treat a patient as long as they do not make the patient worse off than he or she would have been had they not gone to the doctor in the first place. This refusal is justified by the restitution approach, which further settles a number of moral controversies that can arise from an "ethics of quitting."
-The more the patient loses by the refusal, the more ___________ the doctor must make.

A) resolution
B) restitution
C) termination
D) curtailment

Question 42

John K. Davis | Conscientious Refusal and a Doctor's Right to Quit
Davis argues that doctors have a right to conscientious refusal to treat a patient as long as they do not make the patient worse off than he or she would have been had they not gone to the doctor in the first place. This refusal is justified by the restitution approach, which further settles a number of moral controversies that can arise from an "ethics of quitting."
-Davis's ___________ depends on the premise that "If you're not this patient's doctor, you need not do anything for this patient."

A) analogy
B) illustration
C) argument
D) example

Question 43

John K. Davis | Conscientious Refusal and a Doctor's Right to Quit
Davis argues that doctors have a right to conscientious refusal to treat a patient as long as they do not make the patient worse off than he or she would have been had they not gone to the doctor in the first place. This refusal is justified by the restitution approach, which further settles a number of moral controversies that can arise from an "ethics of quitting."
-For Davis, the duty to ___________ exists only if the procedure is too immoral for the doctor to perform, but not immoral enough to justify interfering with another doctor's performance of it.

A) refer
B) refuse
C) treat
D) perform

Question 44

John K. Davis | Conscientious Refusal and a Doctor's Right to Quit
Davis argues that doctors have a right to conscientious refusal to treat a patient as long as they do not make the patient worse off than he or she would have been had they not gone to the doctor in the first place. This refusal is justified by the restitution approach, which further settles a number of moral controversies that can arise from an "ethics of quitting."
-If the odds are high that a patient would have found another doctor willing to perform a procedure, then it is relevant to consider

A) moral counseling.
B) inconsistent referral.
C) majority limitation.
D) availability of other doctors.

Question 45

John K. Davis | Conscientious Refusal and a Doctor's Right to Quit
Davis argues that doctors have a right to conscientious refusal to treat a patient as long as they do not make the patient worse off than he or she would have been had they not gone to the doctor in the first place. This refusal is justified by the restitution approach, which further settles a number of moral controversies that can arise from an "ethics of quitting."
-Doctors have a duty to reveal their ___________ reasons for refusal because, if they do not, patients may mistakenly conclude that there are medical reasons for the refusal.

A) logical
B) practical
C) epistemic
D) moral

Question 46

John K. Davis | Conscientious Refusal and a Doctor's Right to Quit
Davis argues that doctors have a right to conscientious refusal to treat a patient as long as they do not make the patient worse off than he or she would have been had they not gone to the doctor in the first place. This refusal is justified by the restitution approach, which further settles a number of moral controversies that can arise from an "ethics of quitting."
-A doctor is obligated to stay out of a particular medical field if the number of terminations and referrals produces a great deal of patient

A) inconsistency
B) inconvenience
C) aggregation
D) acceptance

Question 47

Davis argues for the restitution approach to an "ethics of quitting" that rests on several premises. Explain his argument along with its qualified acceptance of an interference clause. Do you agree with his conclusion that doctors have a right to refuse treatment based on these premises? Why or why not?

Question 48

Davis argues that a doctor's reasons for refusing treatment are irrelevant as long as either the doctor provides restitution or restitution is unnecessary. Do you agree that a doctor's own reasons are irrelevant to refusal of treatment? Does this contradict with Davis's presentation of the duty of referral to another doctor? Provide examples.

Question 49

Monroe H. Freedman | Solicitation of Clients: The Professional Responsibility to Chase Ambulances
Freedman presents the precedent-setting cases in which anti-client solicitation arguments were set aside for those upholding the constitutionally protected rights of injured persons to be represented in lawsuits and to have "meaningful access to the courts." While state bar associations have tended to oppose advertising by lawyers, the Supreme Court eventually overturned many of these claims citing First Amendment freedoms.
-According to Freedman, the legal profession fails in its ___________ to protect the rights of injured people when they suffer unjustly at the hands of insurance carriers and corporations.

A) relevance
B) responsibilities
C) limitations
D) statutes

Question 50

Monroe H. Freedman | Solicitation of Clients: The Professional Responsibility to Chase Ambulances
Freedman presents the precedent-setting cases in which anti-client solicitation arguments were set aside for those upholding the constitutionally protected rights of injured persons to be represented in lawsuits and to have "meaningful access to the courts." While state bar associations have tended to oppose advertising by lawyers, the Supreme Court eventually overturned many of these claims citing First Amendment freedoms.
-Opponents of client solicitation feared the potential of increased

A) consumerism.
B) idealism.
C) leniency.
D) litigation.

Question 51

Monroe H. Freedman | Solicitation of Clients: The Professional Responsibility to Chase Ambulances
Freedman presents the precedent-setting cases in which anti-client solicitation arguments were set aside for those upholding the constitutionally protected rights of injured persons to be represented in lawsuits and to have "meaningful access to the courts." While state bar associations have tended to oppose advertising by lawyers, the Supreme Court eventually overturned many of these claims citing First Amendment freedoms.
-The Supreme Court eventually ruled that advertising by lawyers is protected under the

A) First Amendment.
B) Second Amendment.
C) Ninth Amendment.
D) Nineteenth Amendment.

Question 52

Monroe H. Freedman | Solicitation of Clients: The Professional Responsibility to Chase Ambulances
Freedman presents the precedent-setting cases in which anti-client solicitation arguments were set aside for those upholding the constitutionally protected rights of injured persons to be represented in lawsuits and to have "meaningful access to the courts." While state bar associations have tended to oppose advertising by lawyers, the Supreme Court eventually overturned many of these claims citing First Amendment freedoms.
-Lawyers advertising directly for fee-paying clients engage in ___________ speech.

A) substantial
B) actual
C) commercial
D) inherent

Question 53

Monroe H. Freedman | Solicitation of Clients: The Professional Responsibility to Chase Ambulances
Freedman presents the precedent-setting cases in which anti-client solicitation arguments were set aside for those upholding the constitutionally protected rights of injured persons to be represented in lawsuits and to have "meaningful access to the courts." While state bar associations have tended to oppose advertising by lawyers, the Supreme Court eventually overturned many of these claims citing First Amendment freedoms.
-Freedman discusses the ethics of client solicitation in all of the following cases EXCEPT

A) in person.
B) at the bedside.
C) by email.
D) at the disaster site.

Question 54

Monroe H. Freedman | Solicitation of Clients: The Professional Responsibility to Chase Ambulances
Freedman presents the precedent-setting cases in which anti-client solicitation arguments were set aside for those upholding the constitutionally protected rights of injured persons to be represented in lawsuits and to have "meaningful access to the courts." While state bar associations have tended to oppose advertising by lawyers, the Supreme Court eventually overturned many of these claims citing First Amendment freedoms.
-Discouraging victims and their survivors from retaining lawyers is a familiar practice of

A) state courts.
B) the Supreme Court.
C) injured parties.
D) insurance companies.

Question 55

Monroe H. Freedman | Solicitation of Clients: The Professional Responsibility to Chase Ambulances
Freedman presents the precedent-setting cases in which anti-client solicitation arguments were set aside for those upholding the constitutionally protected rights of injured persons to be represented in lawsuits and to have "meaningful access to the courts." While state bar associations have tended to oppose advertising by lawyers, the Supreme Court eventually overturned many of these claims citing First Amendment freedoms.
-___________ occurs when one side of a controversy is being permitted to speak while the other is being gagged.

A) Right of petition
B) Viewpoint discrimination
C) Claim acceptance
D) Anecdotal evidence

Question 56

Monroe H. Freedman | Solicitation of Clients: The Professional Responsibility to Chase Ambulances
Freedman presents the precedent-setting cases in which anti-client solicitation arguments were set aside for those upholding the constitutionally protected rights of injured persons to be represented in lawsuits and to have "meaningful access to the courts." While state bar associations have tended to oppose advertising by lawyers, the Supreme Court eventually overturned many of these claims citing First Amendment freedoms.
-The American Bar Association and state bars have tended to be

A) anti-client.
B) pro-client.
C) pro-solicitation.
D) anti-solicitation.

Question 57

Monroe H. Freedman | Solicitation of Clients: The Professional Responsibility to Chase Ambulances
Freedman presents the precedent-setting cases in which anti-client solicitation arguments were set aside for those upholding the constitutionally protected rights of injured persons to be represented in lawsuits and to have "meaningful access to the courts." While state bar associations have tended to oppose advertising by lawyers, the Supreme Court eventually overturned many of these claims citing First Amendment freedoms.
-The author argues in favor of upholding the rights of injured persons to ___________ in lawsuits.

A) privilege
B) ambulance-chasing
C) representation
D) cross-examination

Question 58

Monroe H. Freedman | Solicitation of Clients: The Professional Responsibility to Chase Ambulances
Freedman presents the precedent-setting cases in which anti-client solicitation arguments were set aside for those upholding the constitutionally protected rights of injured persons to be represented in lawsuits and to have "meaningful access to the courts." While state bar associations have tended to oppose advertising by lawyers, the Supreme Court eventually overturned many of these claims citing First Amendment freedoms.
-The cases of Primus and Ohralik demonstrate two different approaches to

A) constitutional protection.
B) constitutional preference.
C) intermediate scrutiny
D) substantial interest.

Question 59

Freedman provides a number of examples demonstrating cases in which poverty-stricken or uneducated people would not have known their rights without the solicitation of lawyers. Select one of these cases and explain how the plaintiffs came to know and understand their rights. Do you agree with the author that lawyer solicitation of these clients was justified? Why or why not?

Question 60

Freedman presents a number of cases showing that while state bar associations tended to be anti-solicitation, the Supreme Court rulings generally emphasized the constitutionally protected freedom of speech and, thus, advertising for clients. Why do you think this division occurs? Explain in your own words, drawing examples from the reading.

Question 61

Julie Cantor and Ken Baum | The Limits of Conscientious Objection-May Pharmacists Refuse to Fill Prescriptions for Emergency Contraception?
Cantor and Baum present detailed arguments for and against giving pharmacists the right to refuse emergency contraception to patients. They also discuss the dilemma pharmacists face in balancing their medical obligations to patients, such as duty to care, with their own moral beliefs. Since courts have ruled that moral objections must be balanced with the burden imposed on others, they conclude that pharmacists who object to filling prescriptions for emergency contraception should be required to provide alternatives for patients.
-The recent decision by the FDA on not granting over-the-counter status to emergency contraception

A) allowed women to obtain it without a prescription.
B) took away the right of pharmacists to refuse to fill these prescriptions.
C) made it easier to obtain in time to be efficacious.
D) continued to make it harder to obtain in time to be efficacious.

Question 62

Julie Cantor and Ken Baum | The Limits of Conscientious Objection-May Pharmacists Refuse to Fill Prescriptions for Emergency Contraception?
Cantor and Baum present detailed arguments for and against giving pharmacists the right to refuse emergency contraception to patients. They also discuss the dilemma pharmacists face in balancing their medical obligations to patients, such as duty to care, with their own moral beliefs. Since courts have ruled that moral objections must be balanced with the burden imposed on others, they conclude that pharmacists who object to filling prescriptions for emergency contraception should be required to provide alternatives for patients.
-An argument by analogy in support of allowing pharmacists to block prescriptions for emergency contraception is that

A) pharmacists must concur with the other members of a patient's medical team.
B) pharmacists act paternalistically toward their patients.
C) society does not force lawyers, doctors, and nurses to abandon their personal beliefs.
D) we expect lawyers, doctors, and nurses to abandon their personal beliefs when providing service for clients and patients.

Question 63

Julie Cantor and Ken Baum | The Limits of Conscientious Objection-May Pharmacists Refuse to Fill Prescriptions for Emergency Contraception?
Cantor and Baum present detailed arguments for and against giving pharmacists the right to refuse emergency contraception to patients. They also discuss the dilemma pharmacists face in balancing their medical obligations to patients, such as duty to care, with their own moral beliefs. Since courts have ruled that moral objections must be balanced with the burden imposed on others, they conclude that pharmacists who object to filling prescriptions for emergency contraception should be required to provide alternatives for patients.
-In a democracy, the right to refuse to participate in acts that conflict with personal ethical, moral, or religious convictions is called

A) conscientious objection.
B) moral turpitude.
C) immoral.
D) amoral.

Question 64

Julie Cantor and Ken Baum | The Limits of Conscientious Objection-May Pharmacists Refuse to Fill Prescriptions for Emergency Contraception?
Cantor and Baum present detailed arguments for and against giving pharmacists the right to refuse emergency contraception to patients. They also discuss the dilemma pharmacists face in balancing their medical obligations to patients, such as duty to care, with their own moral beliefs. Since courts have ruled that moral objections must be balanced with the burden imposed on others, they conclude that pharmacists who object to filling prescriptions for emergency contraception should be required to provide alternatives for patients.
-According to those who argue against a pharmacist's right to block a prescription for emergency contraception,

A) a pharmacist's own autonomy and self-interest should be placed above the client's.
B) a client's own autonomy and self-interest should be placed above the pharmacist's.
C) clients and pharmacists have equal autonomy and self-interest.
D) neither clients nor pharmacists have the right to autonomy and self-interest.

Question 65

Julie Cantor and Ken Baum | The Limits of Conscientious Objection-May Pharmacists Refuse to Fill Prescriptions for Emergency Contraception?
Cantor and Baum present detailed arguments for and against giving pharmacists the right to refuse emergency contraception to patients. They also discuss the dilemma pharmacists face in balancing their medical obligations to patients, such as duty to care, with their own moral beliefs. Since courts have ruled that moral objections must be balanced with the burden imposed on others, they conclude that pharmacists who object to filling prescriptions for emergency contraception should be required to provide alternatives for patients.
-Someone arguing against the analogy between pharmacists' and draftees' right to conscientious objection would state that

A) unlike a pharmacist, a military draftee chooses voluntarily to go to war.
B) unlike a draftee, a pharmacist chooses voluntarily to enter the field.
C) a pharmacist is called up by the government to enter the field.
D) a military draftee and a pharmacist face similar decisions.

Question 66

Julie Cantor and Ken Baum | The Limits of Conscientious Objection-May Pharmacists Refuse to Fill Prescriptions for Emergency Contraception?
Cantor and Baum present detailed arguments for and against giving pharmacists the right to refuse emergency contraception to patients. They also discuss the dilemma pharmacists face in balancing their medical obligations to patients, such as duty to care, with their own moral beliefs. Since courts have ruled that moral objections must be balanced with the burden imposed on others, they conclude that pharmacists who object to filling prescriptions for emergency contraception should be required to provide alternatives for patients.
-Emergency contraception, such as Plan B and similar hormones, cannot be equated to an abortifacient because

A) we cannot be sure that conception has occurred.
B) we can be sure that conception has occurred.
C) they promote ovulation.
D) they create a favorable environment for implantation of a blastocyst.

Question 67

Julie Cantor and Ken Baum | The Limits of Conscientious Objection-May Pharmacists Refuse to Fill Prescriptions for Emergency Contraception?
Cantor and Baum present detailed arguments for and against giving pharmacists the right to refuse emergency contraception to patients. They also discuss the dilemma pharmacists face in balancing their medical obligations to patients, such as duty to care, with their own moral beliefs. Since courts have ruled that moral objections must be balanced with the burden imposed on others, they conclude that pharmacists who object to filling prescriptions for emergency contraception should be required to provide alternatives for patients.
-In weighing the rights of clients and pharmacists, courts have ruled that

A) religious freedom gives pharmacists an unconditional right to refuse to fill prescriptions.
B) as the Constitution protects people's beliefs, their actions may not be regulated.
C) a pharmacist's moral objection must be balanced with the burden it imposes on others.
D) a disproportionate burden is placed on pharmacists to provide referrals to another pharmacy.

Question 68

Julie Cantor and Ken Baum | The Limits of Conscientious Objection-May Pharmacists Refuse to Fill Prescriptions for Emergency Contraception?
Cantor and Baum present detailed arguments for and against giving pharmacists the right to refuse emergency contraception to patients. They also discuss the dilemma pharmacists face in balancing their medical obligations to patients, such as duty to care, with their own moral beliefs. Since courts have ruled that moral objections must be balanced with the burden imposed on others, they conclude that pharmacists who object to filling prescriptions for emergency contraception should be required to provide alternatives for patients.
-Plan B is most effective when used within

A) 12 to 24 hours.
B) 12 to 36 hours.
C) 24 to 48 hours.
D) 24 to 72 hours.

Question 69

Julie Cantor and Ken Baum | The Limits of Conscientious Objection-May Pharmacists Refuse to Fill Prescriptions for Emergency Contraception?
Cantor and Baum present detailed arguments for and against giving pharmacists the right to refuse emergency contraception to patients. They also discuss the dilemma pharmacists face in balancing their medical obligations to patients, such as duty to care, with their own moral beliefs. Since courts have ruled that moral objections must be balanced with the burden imposed on others, they conclude that pharmacists who object to filling prescriptions for emergency contraception should be required to provide alternatives for patients.
-Because pharmacists are privy to personal information through prescriptions, the potential for abuse points to a need for ___________ care.

A) judgmental
B) prejudiced
C) biased
D) unbiased

Question 70

Julie Cantor and Ken Baum | The Limits of Conscientious Objection-May Pharmacists Refuse to Fill Prescriptions for Emergency Contraception?
Cantor and Baum present detailed arguments for and against giving pharmacists the right to refuse emergency contraception to patients. They also discuss the dilemma pharmacists face in balancing their medical obligations to patients, such as duty to care, with their own moral beliefs. Since courts have ruled that moral objections must be balanced with the burden imposed on others, they conclude that pharmacists who object to filling prescriptions for emergency contraception should be required to provide alternatives for patients.
-The authors conclude with which of the following solutions to finding a balance between the rights of pharmacists and clients?

A) Pharmacists have no right to object to filling prescriptions for emergency contraception.
B) Pharmacists have an absolute right to object to filling prescriptions for emergency contraception.
C) Pharmacists who object to filling prescriptions for emergency contraception should provide alternatives for patients.
D) Pharmacists who object to filling prescriptions for emergency contraception are not obligated to provide alternatives for patients.

Question 71

Do you think there are circumstances such that a pharmacist's right to uphold personal moral beliefs would outweigh a patient's need for urgent health care? Why or why not? Provide three examples from the reading that support your point of view.

Question 72

Cantor and Baum present strong arguments for and against a pharmacist's right to object to filling a prescription for emergency contraception. Select the argument you feel is the strongest and provide at least three supporting premises for its thesis. Why do you find this to be the better argument? How would someone holding the opposite view counter your argument?

Question 73

Alan Meisel and Mark Kuczewski | Legal and Ethical Myths About Informed Consent
Meisel and Kuczewski review eight myths that impede the practice of obtaining informed consent, due primarily to an understanding of the concept from a legal, rights-oriented point of view. When a shared process approach is used instead, in which patients and physicians each have access to interrelated facts and values, informed consent can accommodate both patient autonomy and physician responsibility.
-Most attacks on informed consent are based on the idea that patient autonomy is incompatible with

A) patients' well-being.
B) physicians' values.
C) physician responsibility.
D) delivery-of-care arrangements.

Question 74

Alan Meisel and Mark Kuczewski | Legal and Ethical Myths About Informed Consent
Meisel and Kuczewski review eight myths that impede the practice of obtaining informed consent, due primarily to an understanding of the concept from a legal, rights-oriented point of view. When a shared process approach is used instead, in which patients and physicians each have access to interrelated facts and values, informed consent can accommodate both patient autonomy and physician responsibility.
-In a rights-oriented approach to informed consent, the physician contributes technical expertise and the patient contributes

A) treatment choices.
B) personal values.
C) facts.
D) myths.

Question 75

Alan Meisel and Mark Kuczewski | Legal and Ethical Myths About Informed Consent
Meisel and Kuczewski review eight myths that impede the practice of obtaining informed consent, due primarily to an understanding of the concept from a legal, rights-oriented point of view. When a shared process approach is used instead, in which patients and physicians each have access to interrelated facts and values, informed consent can accommodate both patient autonomy and physician responsibility.
-In a ___________ process approach, the physician and patient each have access to interrelated facts and values.

A) clinical
B) conditional
C) diagnosis
D) shared

Question 76

Alan Meisel and Mark Kuczewski | Legal and Ethical Myths About Informed Consent
Meisel and Kuczewski review eight myths that impede the practice of obtaining informed consent, due primarily to an understanding of the concept from a legal, rights-oriented point of view. When a shared process approach is used instead, in which patients and physicians each have access to interrelated facts and values, informed consent can accommodate both patient autonomy and physician responsibility.
-Signed consent forms can provide a false sense of security due to difficulties determining whether disclosed information was

A) overly complex.
B) adequate.
C) irrelevant.
D) both a and b

Question 77

Alan Meisel and Mark Kuczewski | Legal and Ethical Myths About Informed Consent
Meisel and Kuczewski review eight myths that impede the practice of obtaining informed consent, due primarily to an understanding of the concept from a legal, rights-oriented point of view. When a shared process approach is used instead, in which patients and physicians each have access to interrelated facts and values, informed consent can accommodate both patient autonomy and physician responsibility.
-The authors suggest focusing on therapeutic ___________ rather than on the risks of treatment.

A) consent
B) options
C) studies
D) surgeries

Question 78

Alan Meisel and Mark Kuczewski | Legal and Ethical Myths About Informed Consent
Meisel and Kuczewski review eight myths that impede the practice of obtaining informed consent, due primarily to an understanding of the concept from a legal, rights-oriented point of view. When a shared process approach is used instead, in which patients and physicians each have access to interrelated facts and values, informed consent can accommodate both patient autonomy and physician responsibility.
-The "medical cafeteria" danger omits the role of physician as

A) paternalistic decision maker.
B) micromanager.
C) medical advisor.
D) legal advisor.

Question 79

Alan Meisel and Mark Kuczewski | Legal and Ethical Myths About Informed Consent
Meisel and Kuczewski review eight myths that impede the practice of obtaining informed consent, due primarily to an understanding of the concept from a legal, rights-oriented point of view. When a shared process approach is used instead, in which patients and physicians each have access to interrelated facts and values, informed consent can accommodate both patient autonomy and physician responsibility.
-Informed ___________ of treatment means that a patient was told the predictable consequences of doing nothing.

A) refusal
B) consent
C) collaboration
D) partnership

Question 80

Alan Meisel and Mark Kuczewski | Legal and Ethical Myths About Informed Consent
Meisel and Kuczewski review eight myths that impede the practice of obtaining informed consent, due primarily to an understanding of the concept from a legal, rights-oriented point of view. When a shared process approach is used instead, in which patients and physicians each have access to interrelated facts and values, informed consent can accommodate both patient autonomy and physician responsibility.
-According to the authors, physicians should take a ___________ between seeing patients as incapable of understanding medical information and leaving treatment decisions completely up to them.

A) paternalistic attitude
B) middle path
C) rights-oriented approach
D) legal approach