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9. In CASE L.1 Sorrell v. IMS Health Ine., drug manufacturers challenged as unco

ID: 329743 • Letter: 9

Question

9. In CASE L.1 Sorrell v. IMS Health Ine., drug manufacturers challenged as unconstitutional a Vermont statute prohibiting pharmacies form selling prescriber-identifying information for marketing prescription drugs without the consent of prescribers. The U.S. Supreme Court ruled that: a although speech promoting marketing was not protected by the First Amendment, the law was unconstitutional based on the due process clause. b the statute regulated commercial speech which was evaluated under an "intermediate" standard and that the law was, therefore, constitutional. c. the statute did not involve constitutional issues and was, therefore, a permissible type of regulation. d. the conduct prohibited by the law was protected by the First Amendment and that the law was unconstitutional ANSWER 10. Which of the following allows rights-based moral theories to be compared to other theories such as a utilitarian framework? a. Deontology b. Teleological theory c. Comparative justice d. Rawlsian moral theory ANSWER 11. According to St Thomas Aquinas, an unjust law: a. could not properly be considered law at all. b. is defective and morally objectionable. c. must be obeyed even if it is morally objectionable. d. must be overturned by a supermajority of the legislature ANSWER: 12. Which of the following is true regarding the relationship between law and ethics? a. The law attempts to prohibit all "bad" behavior. b. An action that is unethical is also considered illegal in the U.S. e. The law prohibits all "morally objectionable" behavior. d. An action that is unethical may nonetheless be legal. ANSWER 13. Which of the following are the three main theories under the comparative justice framework? a. Retributive, Kantian, and Rawlsian b. Compensatory, comparative, and retributive c. Distributive, compensatory, and retributive d. Utilitarianism, teleological, and compensatory

Explanation / Answer

9) Answer: Option (D) - the conduct prohibited by the law was protected by the First Amendment and that the law was unconstitutional.

10) Answer: Option (C) - Comparative justice

11) Answer: Option (A) - Could not properly be considered law at all.

12) Answer: Option (D) - An action that is unethical may nonetheless be legal

13) Answer: Option (C) - Distributive, compensatory, and retributive