Deck 5: The Global Perspective: International Employment Law and American Immigration Policy
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Deck 5: The Global Perspective: International Employment Law and American Immigration Policy
1
In August 2005, at the Chicago convention, UNI announced that signing __________________ with targeted companies would be their focus in the future. In 2007, UNI expanded its attention to monitoring______________.
A) global agreements, private equity funds
B) domestic agreements, private equity funds
C) labor agreements, corporate investigations
D) union agreements, corporate investigations
A) global agreements, private equity funds
B) domestic agreements, private equity funds
C) labor agreements, corporate investigations
D) union agreements, corporate investigations
B
2
The UNI:
A) claims to hold the allegiance of approximately 1 million workers in 100 unions in 15 countries.
B) has targeted a list of 25 multinational employers.
C) boasts 200 signed collective agreements and another 500 in various stages of negotiation.
D) has achieved labor contracts with Carrefour, Hennes & Mauritz of Sweden and Falck among others.
A) claims to hold the allegiance of approximately 1 million workers in 100 unions in 15 countries.
B) has targeted a list of 25 multinational employers.
C) boasts 200 signed collective agreements and another 500 in various stages of negotiation.
D) has achieved labor contracts with Carrefour, Hennes & Mauritz of Sweden and Falck among others.
D
3
Yen Singh had migrated from Bangladesh to U.S., and was working as a labor in the manufacturing industry. He was physically assaulted and victimized by the labor union for an extended period of time. Under which statute can he file a complaint in the district court?
A) Alien Tort statute
B) Torture Victim Protection Act of 1991
C) National Labor Relations Act
D) Tort Claim Act
A) Alien Tort statute
B) Torture Victim Protection Act of 1991
C) National Labor Relations Act
D) Tort Claim Act
B
4
The Alien Tort Claims Act:
A) was active for the last two centuries and was commonly used in supporting jurisdiction in several cases.
B) was enacted in 1889 as part of the original Judiciary Act.
C) is an international statute which provides a cause of action for aggrieved aliens in global courts.
D) is unlikely to have a high impact upon the way U.S. corporations deal with their overseas employees.
A) was active for the last two centuries and was commonly used in supporting jurisdiction in several cases.
B) was enacted in 1889 as part of the original Judiciary Act.
C) is an international statute which provides a cause of action for aggrieved aliens in global courts.
D) is unlikely to have a high impact upon the way U.S. corporations deal with their overseas employees.
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5
In Romero v. Drummond Company, Inc., the union and several of its leaders and relatives of deceased leaders sued Drummond and its parent company and executives under the Alien Tort Statute and the Torture Victim Protection Act of 1991. The district court consolidated the complaints and later granted:
A) motion to dismiss.
B) subpoena.
C) injunction.
D) partial summary judgment.
A) motion to dismiss.
B) subpoena.
C) injunction.
D) partial summary judgment.
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6
What was the issue in Sarei v. Rio Tinto?
A) Should the plaintiffs be required to exhaust their other available remedies before being permitted to sue in a U.S. court under the Alien Tort Statute?
B) Why didn't the plaintiffs seek to secure justice in their own countries? c. Is the Legal Arizona Workers Act preempted by federal immigration law?
D) When are invasions of privacy intentional?
A) Should the plaintiffs be required to exhaust their other available remedies before being permitted to sue in a U.S. court under the Alien Tort Statute?
B) Why didn't the plaintiffs seek to secure justice in their own countries? c. Is the Legal Arizona Workers Act preempted by federal immigration law?
D) When are invasions of privacy intentional?
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7
The international trade union movement has begun to use the term _______________ as an umbrella designation.
A) labor unions
B) empathizer's unions
C) trade unions
D) global unions
A) labor unions
B) empathizer's unions
C) trade unions
D) global unions
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8
UNI claims to hold the allegiance of approximately 15 million workers in 900 unions in 150 countries, representing employees in the following economic sectors EXCEPT:
A) Medicine
B) Commerce
C) Electricity
D) Hair and beauty
A) Medicine
B) Commerce
C) Electricity
D) Hair and beauty
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9
A judicial authority in one contracting state may request its counterpart in another contracting state to facilitate such discovery activities as the taking of depositions or sworn statements in support of litigation, including labor and employment litigation. This is a convention on the:
A) service of judicial and extrajudicial documents in civil or commercial matters.
B) recognition and enforcement of Foreign Arbitral Awards.
C) civil aspects of international child abduction.
D) taking of evidence abroad in civil or commercial matters.
A) service of judicial and extrajudicial documents in civil or commercial matters.
B) recognition and enforcement of Foreign Arbitral Awards.
C) civil aspects of international child abduction.
D) taking of evidence abroad in civil or commercial matters.
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10
The federal statute which provides the cause of action for aggrieved noncitizen residents in the U.S. courts is:
A) National Labor Relations Act.
B) Alien Tort Claims Act.
C) Immigration Reform and Control Act.
D) Torture Victim Protection Act.
A) National Labor Relations Act.
B) Alien Tort Claims Act.
C) Immigration Reform and Control Act.
D) Torture Victim Protection Act.
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11
A U.S. passport, certificate of U.S. citizenship, certificate of naturalization, or certain resident alien cards establish both ____________________, which are mandatory for IRCA compliance.
A) identity and proof of employment.
B) employment authorization and identity.
C) proof of employment and citizenship.
D) identity and financial credibility.
A) identity and proof of employment.
B) employment authorization and identity.
C) proof of employment and citizenship.
D) identity and financial credibility.
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12
Who is held responsible for verifying employment eligibility prior to hiring an individual?
A) Labor unions
B) Employers
C) Federal Government
D) State authorities
A) Labor unions
B) Employers
C) Federal Government
D) State authorities
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13
In the context of international employment law, ____________ are the uniform codes of procedure and standards of conduct that the ILO seeks to promulgate and enforce in order to establish international standards for the fair treatment of workers among all member nations of the United Nations.
A) torts
B) conventions
C) mores
D) remands
A) torts
B) conventions
C) mores
D) remands
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14
Which one of these following is an organization which is aimed at meeting the globalization of corporations, trade, and manufacturing?
A) International Labor Organization (ILO)
B) American Federation of Labor/Congress of Industrial Organization (AFL-CIO)
C) Union Network International (UNI)
D) Department of States (DOS)
A) International Labor Organization (ILO)
B) American Federation of Labor/Congress of Industrial Organization (AFL-CIO)
C) Union Network International (UNI)
D) Department of States (DOS)
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15
Which organization, based in Geneva, has authored a vast scheme of labor and employment laws, regulations and guidelines?
A) Union Network International (UNI)
B) International Labor Organization (ILO)
C) Equal Employment Opportunity Commission (EEOC)
D) American Federation of Labor/Congress of Industrial Organization (AFL-CIO)
A) Union Network International (UNI)
B) International Labor Organization (ILO)
C) Equal Employment Opportunity Commission (EEOC)
D) American Federation of Labor/Congress of Industrial Organization (AFL-CIO)
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16
In the United States, the mission of promoting "labor and corporate social responsibility falls with a unit of the:
A) American Federation of Labor/Congress of Industrial Organization (AFL-CIO)."
B) International Labor Organization (ILO)."
C) Department of State (DOS)."
D) Union Network International (UNI)."
A) American Federation of Labor/Congress of Industrial Organization (AFL-CIO)."
B) International Labor Organization (ILO)."
C) Department of State (DOS)."
D) Union Network International (UNI)."
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17
The Immigration Reform and Control Act of 1986 altered several immigration provisions of the INA of 1952 such as:
A) preventing children and spouses of long-term international organization from residing in the United States.
B) removing the immigrant category for dependents of employees of international organizations.
C) allowing larger number of foreign students to adjust their status to that of lawful permanent resident aliens.
D) providing a one-shot amnesty program under which illegal aliens who entered the United States before January 1, 1982, could become legalized.
A) preventing children and spouses of long-term international organization from residing in the United States.
B) removing the immigrant category for dependents of employees of international organizations.
C) allowing larger number of foreign students to adjust their status to that of lawful permanent resident aliens.
D) providing a one-shot amnesty program under which illegal aliens who entered the United States before January 1, 1982, could become legalized.
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18
Mohammad is an illegal immigrant from Pakistan, who has been part of the U.S. labor market since 1978. The act which is intended to clear illegal immigrants is the:
A) Immigration Reform and Control Act (IRCA) of 1986.
B) Torture Victim Protection Act of 1991.
C) Alien Tort Statute.
D) Foreign Labor Relations Act.
A) Immigration Reform and Control Act (IRCA) of 1986.
B) Torture Victim Protection Act of 1991.
C) Alien Tort Statute.
D) Foreign Labor Relations Act.
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19
Which one of these mechanisms creates a legal workforce without decreasing the number of workers available to harvest perishable crops?
A) H-2A program
B) H-1 program
C) H-2 program
D) H-1A program
A) H-2A program
B) H-1 program
C) H-2 program
D) H-1A program
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20
Identify the statement which accurately represents the functions of the International Labor Organization (ILO).
A) The International Labor Organization (ILO) is a branch of the World Bank.
B) ILO "laws" always supersede an individual nation's sovereignty.
C) The United States is a signatory to all ILO enactments or pronouncements.
D) U.S. labor and employment laws in many instances are equal or superior to the ILO scheme.
A) The International Labor Organization (ILO) is a branch of the World Bank.
B) ILO "laws" always supersede an individual nation's sovereignty.
C) The United States is a signatory to all ILO enactments or pronouncements.
D) U.S. labor and employment laws in many instances are equal or superior to the ILO scheme.
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21
In Chamber of Commerce of U.S. v. Whiting, what act was examined?
A) Alien Tort Claims Act
B) Legal Arizona Workers Act
C) Torture Victim Protection Act
D) Immigration Reform and Control Act
A) Alien Tort Claims Act
B) Legal Arizona Workers Act
C) Torture Victim Protection Act
D) Immigration Reform and Control Act
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22
What did France mandate for the first time in the corporate arena in the year 2002?
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23
In Aguilar v. U.S. Immigration and Customs Enforcement, the Guatemalan consul, acting as next friend of the detainees, filed a petition for a writ of habeas corpus and a complaint for declaratory and injunctive relief in the United States District Court for the District of Massachusetts. The District Court dismissed the petitioners' substantive due process claims for failure to satisfy the prerequisites of Federal Rule of Civil Procedure as stated under:
A) rule 12 (a) (1)
B) rule 12 (c) (3)
C) rule 12 (b) (6)
D) rule 12 (b) (3)
A) rule 12 (a) (1)
B) rule 12 (c) (3)
C) rule 12 (b) (6)
D) rule 12 (b) (3)
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24
Which one of the following bodies is responsible for the administration of immigration and naturalization adjudication functions and establishing immigration services policies and priorities?
A) U.S. Social Security Administration
B) U.S. Department of Justice
C) U.S. Citizenship and Immigration Services
D) U.S. Immigration and Customs Enforcement
A) U.S. Social Security Administration
B) U.S. Department of Justice
C) U.S. Citizenship and Immigration Services
D) U.S. Immigration and Customs Enforcement
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25
Under the ordinance passed by the city of Escondido (California), residents, businesses and city officials could:
A) file written complaints with the city if they suspected a landlord of renting to illegal immigrants.
B) file complaints based 'solely or primarily on the basis of national origin, ethnicity, or race.'
C) file written complaints if landlords were suspected of renting to illegal immigrants and the landlords in turn would have to evict the suspects within 6 months.
D) press landlords to provide documentation to the city of their tenants' financial stability.
A) file written complaints with the city if they suspected a landlord of renting to illegal immigrants.
B) file complaints based 'solely or primarily on the basis of national origin, ethnicity, or race.'
C) file written complaints if landlords were suspected of renting to illegal immigrants and the landlords in turn would have to evict the suspects within 6 months.
D) press landlords to provide documentation to the city of their tenants' financial stability.
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26
All of the following are services of the U.S. Citizenship and Immigration Services except:
A) adjudication of immigrant visa petitions.
B) adjudication of naturalization petitions.
C) protecting civil rights.
D) establishing immigration services policies and priorities.
A) adjudication of immigrant visa petitions.
B) adjudication of naturalization petitions.
C) protecting civil rights.
D) establishing immigration services policies and priorities.
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27
Which one of these states is not included in the early entrants of the controversial legal arena?
A) California
B) Texas
C) Alabama
D) Missouri
A) California
B) Texas
C) Alabama
D) Missouri
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28
Which act sets the conditions for the temporary and permanent employment of aliens in the United States and includes provisions that address employment eligibility and employment verification?
A) Tort Claim Act
B) Immigration Reform and Control Act
C) The Immigration and Nationality Act
D) Torture Protection Claim Act
A) Tort Claim Act
B) Immigration Reform and Control Act
C) The Immigration and Nationality Act
D) Torture Protection Claim Act
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29
In Mohamad v. Palestinian Authority, the main issue was:
A) did the human rights laws at issue apply to U.S. citizens?
B) did the human rights laws at issue apply to someone other than a natural person?
C) was the Legal Arizona Workers Act too broad?
D) none of the above.
A) did the human rights laws at issue apply to U.S. citizens?
B) did the human rights laws at issue apply to someone other than a natural person?
C) was the Legal Arizona Workers Act too broad?
D) none of the above.
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30
The duty to protect the United States from terrorist attacks, from foreign intelligence operations, and from cyber-based attacks and high-technology crimes lies with the:
A) Federal Bureau of Investigation.
B) U.S. Social Security Administration.
C) U.S. Immigration and Customs Enforcement.
D) U.S. Citizenship and Immigration Services.
A) Federal Bureau of Investigation.
B) U.S. Social Security Administration.
C) U.S. Immigration and Customs Enforcement.
D) U.S. Citizenship and Immigration Services.
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31
What steps did Brazil take in the eradication of child labor and slavery?
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32
Which one of these following bodies is responsible for enforcing the antidiscrimination provisions of the Immigration and Nationality Act (INA), 8 U.S.C. Section 1324b?
A) U.S. Department of Justice
B) U.S. Immigration ad Customs Enforcement
C) U.S. Social Security Administration
D) U.S. Citizenship and Immigration Services
A) U.S. Department of Justice
B) U.S. Immigration ad Customs Enforcement
C) U.S. Social Security Administration
D) U.S. Citizenship and Immigration Services
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33
What is the role of the convention of Service Abroad of Judicial and Extrajudicial Documents in civil or commercial matters?
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34
What are conventions?
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35
Which branch is the largest investigative branch of the Department of Homeland Security (DHS)?
A) U.S. Social Security Administration
B) U.S. Immigration and Customs Enforcement
C) U.S. Department of Justice
D) U.S. Department of State
A) U.S. Social Security Administration
B) U.S. Immigration and Customs Enforcement
C) U.S. Department of Justice
D) U.S. Department of State
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36
What does the Alien Tort Claims Act provide?
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37
Which group has the following mission statement: "create a more secure, democratic, and prosperous world for the benefit of the American people and the international community"?
A) Federal Bureau of Investigation
B) U.S. Immigration and Customs Enforcement
C) U.S. Department of Justice
D) U.S. Department of State
A) Federal Bureau of Investigation
B) U.S. Immigration and Customs Enforcement
C) U.S. Department of Justice
D) U.S. Department of State
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38
Whose responsibility is to ensure public safety against foreign and domestic threats?
A) U.S. Social Security Administration
B) Federal Bureau of Investigation
C) U.S. Department of Labor
D) U.S. Department of Justice
A) U.S. Social Security Administration
B) Federal Bureau of Investigation
C) U.S. Department of Labor
D) U.S. Department of Justice
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39
Which one of the following is the largest investigative branch of the Department of Homeland Security (DHS)?
A) U.S. Social Security Administration
B) U.S. Immigration and Customs Enforcement
C) U.S. Department of Justice
D) U.S. Citizenship and Immigration Services
A) U.S. Social Security Administration
B) U.S. Immigration and Customs Enforcement
C) U.S. Department of Justice
D) U.S. Citizenship and Immigration Services
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40
What is the role of the convention of Civil Aspects of International Child Abduction?
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41
What is the role of U.S. Citizenship and Immigration Services (USCIS)?
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42
What are the necessary documents an employer must show to prove that the employee is a U.S. Citizen or is lawfully authorized to work in the United States?
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43
What is the purpose of the Immigration Reform and Control Act (IRCA) of 1986?
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44
Outline the duties of the International Labor Organization (ILO).
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45
What are the components of Global Unions?
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46
What are conventions? Identify conventions that affect international labor relations and employments.
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47
List the targets of the Union Network International (UNI).
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48
What is the Union Network International (UNI)?
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49
State the purpose of the Immigration Reform and Control Act (IRCA) of 1986.
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