Deck 6: International and Comparative Law
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Deck 6: International and Comparative Law
1
Which of the following is true regarding international organizations?
A)The International Monetary Fund is an international organization,but neither the United Nations nor the International Bank for Reconstruction and Development World Bank)are international organizations.
B)The United Nations and the International Monetary Fund are international organizations,but the International Bank for Reconstruction and Development World Bank)is not.
C)The United Nations,the International Monetary Fund,and the International Bank for Reconstruction and Development World Bank)are all international organizations.
D)The International Bank for Reconstruction and Development World Bank)and the International Money Fund are international organizations,but the United Nations is not an international organization.
E)The United Nations is an international organization,but the International Monetary Fund is not.
A)The International Monetary Fund is an international organization,but neither the United Nations nor the International Bank for Reconstruction and Development World Bank)are international organizations.
B)The United Nations and the International Monetary Fund are international organizations,but the International Bank for Reconstruction and Development World Bank)is not.
C)The United Nations,the International Monetary Fund,and the International Bank for Reconstruction and Development World Bank)are all international organizations.
D)The International Bank for Reconstruction and Development World Bank)and the International Money Fund are international organizations,but the United Nations is not an international organization.
E)The United Nations is an international organization,but the International Monetary Fund is not.
C
Explanation: A)The United Nations,the International Monetary Fund,the International Bank for Reconstruction and Development World Bank),and the World Trade Organization are international organizations.
B)The United Nations,the International Monetary Fund,the International Bank for Reconstruction and Development World Bank),and the World Trade Organization are international organizations.
C)The United Nations,the International Monetary Fund,the International Bank for Reconstruction and Development World Bank),and the World Trade Organization are international organizations.
D)The United Nations,the International Monetary Fund,the International Bank for Reconstruction and Development World Bank),and the World Trade Organization are international organizations.
E)The United Nations,the International Monetary Fund,the International Bank for Reconstruction and Development World Bank),and the World Trade Organization are international organizations.
Explanation: A)The United Nations,the International Monetary Fund,the International Bank for Reconstruction and Development World Bank),and the World Trade Organization are international organizations.
B)The United Nations,the International Monetary Fund,the International Bank for Reconstruction and Development World Bank),and the World Trade Organization are international organizations.
C)The United Nations,the International Monetary Fund,the International Bank for Reconstruction and Development World Bank),and the World Trade Organization are international organizations.
D)The United Nations,the International Monetary Fund,the International Bank for Reconstruction and Development World Bank),and the World Trade Organization are international organizations.
E)The United Nations,the International Monetary Fund,the International Bank for Reconstruction and Development World Bank),and the World Trade Organization are international organizations.
2
The General Agreement on Tariffs and Trade became effective in 2000.
False
3
Because ethical issues vary from country to country,international business persons should not take ethical considerations into account in the decision-making process.
False
4
Which of the following has the U.S.Supreme Court held with respect to whether U.S.courts must rely on customary international law?
A)The U.S.Supreme Court has held that U.S.courts may disregard customary international law.
B)The U.S.Supreme Court has held that regardless of the existence of any legislative act to the contrary,U.S.courts must rely on customary international law.
C)The U.S.Supreme Court has held that even if a governing international agreement says otherwise,a U.S.court must rely on customary international law.
D)The U.S.Supreme Court has held that in the absence of a governing international agreement or controlling executive or legislative act or judicial decision,U.S.courts must rely on customary international law.
E)The U.S.Supreme Court has held that even if a controlling executive act is to the contrary, U.S.courts must rely on customary international law.
A)The U.S.Supreme Court has held that U.S.courts may disregard customary international law.
B)The U.S.Supreme Court has held that regardless of the existence of any legislative act to the contrary,U.S.courts must rely on customary international law.
C)The U.S.Supreme Court has held that even if a governing international agreement says otherwise,a U.S.court must rely on customary international law.
D)The U.S.Supreme Court has held that in the absence of a governing international agreement or controlling executive or legislative act or judicial decision,U.S.courts must rely on customary international law.
E)The U.S.Supreme Court has held that even if a controlling executive act is to the contrary, U.S.courts must rely on customary international law.
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5
The United States is not a party to the Central American Free Trade Agreement.
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6
A foreign sales representative does the same thing as a distributor when conducting business internationally.
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7
The parties to an international contract cannot select the forum in which disputes are to be resolved because the forum is always based on the location of the defendant's principle place of business.
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8
A franchise agreement and a joint venture are the same thing.
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9
refers to laws governing the conduct of states and international organizations and their relationships with one another.
A)Affiliate law
B)Comparative law
C)Foreign subsidiary law
D)International law
E)Joint law
A)Affiliate law
B)Comparative law
C)Foreign subsidiary law
D)International law
E)Joint law
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10
The terms international law and comparative law do not mean the same thing.
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11
An interactive website,which allows users to exchange information but not complete contracts,is sufficient to create general personal jurisdiction in any state in the U.S.
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12
There are three basic types of regional trade agreements: multilateral free trade agreements,customs unions,and bilateral free trade agreements.
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13
Which of the following is an international agreement?
A)An agreement that is made between at least three states regarding an international subject matter.
B)An agreement that is only between two states,not three or more,relating to an international subject matter.
C)A general and consistent practice by states regardless of whether the practice is accepted as law.
D)A written agreement made between states governed by international law and relating to international subject matter.
E)A general and consistent practice by states that is accepted as law.
A)An agreement that is made between at least three states regarding an international subject matter.
B)An agreement that is only between two states,not three or more,relating to an international subject matter.
C)A general and consistent practice by states regardless of whether the practice is accepted as law.
D)A written agreement made between states governed by international law and relating to international subject matter.
E)A general and consistent practice by states that is accepted as law.
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14
When three or more states agree to reduce and gradually eliminate tariffs and other trade barriers,it is called a multilateral free trade agreement.
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15
For a U.S.court judgment to be enforceable,the court must have either personal jurisdiction or subject-matter jurisdiction.
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16
Which of the following best describes the term "comparative law?"
A)It is the study of the difference between public and private law in the United States.
B)It is the study of international organizations and their structure.
C)It is the study of the legal systems of different states.
D)It is the study of the laws governing the conduct of states and international organizations and their relationships with one another.
E)It is the study of the difference between constitutions and administrative rules and regulations within the United States.
A)It is the study of the difference between public and private law in the United States.
B)It is the study of international organizations and their structure.
C)It is the study of the legal systems of different states.
D)It is the study of the laws governing the conduct of states and international organizations and their relationships with one another.
E)It is the study of the difference between constitutions and administrative rules and regulations within the United States.
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17
Agents of a foreign state are immune from civil actions against them,but not from situations in which the foreign agent engages in a commercial activity.
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18
The European Union is an example of a customs union.
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19
According to the General Agreement on Tariffs and Trade,a subsidy is a government financial contribution that allots a benefit to a specific industry or enterprise.
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20
The United States has no bilateral trade agreements.
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21
prohibits U.S.companies from offering or paying bribes to foreign government officials,political parties,and candidates for office for the purpose of obtaining or retaining business.
A)The International Fairness Objective Act
B)The Foreign Political Act
C)The Foreign Corrupt Practices Act
D)The International Trade Act
E)The Foreign Bribery Act
A)The International Fairness Objective Act
B)The Foreign Political Act
C)The Foreign Corrupt Practices Act
D)The International Trade Act
E)The Foreign Bribery Act
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22
Which of the following is a characteristic of civil law?
A)Civil law systems use a form or system of separation of powers.
B)The civil law procedure is like the U.S.system of checks and balances.
C)Precedent is an important source of law in the civil law system.
D)In civil law systems the legislative branch has little authority.
E)The judicial branch in civil law systems may create its own new law.
A)Civil law systems use a form or system of separation of powers.
B)The civil law procedure is like the U.S.system of checks and balances.
C)Precedent is an important source of law in the civil law system.
D)In civil law systems the legislative branch has little authority.
E)The judicial branch in civil law systems may create its own new law.
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23
A[n] purchases goods from a seller for resale in a foreign market and actually takes title to the goods assuming the risk of being unable to resell them.
A)Licensing agent
B)Affiliate agent
C)Distributor
D)Foreign sales representative
E)Joint agent
A)Licensing agent
B)Affiliate agent
C)Distributor
D)Foreign sales representative
E)Joint agent
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24
The facilitates international cooperation in opening markets and provides a forum for future trade negotiations and the settlement of international trade disputes.
A)International Marketing Agreement
B)International Cooperation Agreement
C)National Trade Organization
D)World Trade Organization
E)Generally Favored Nation Organization
A)International Marketing Agreement
B)International Cooperation Agreement
C)National Trade Organization
D)World Trade Organization
E)Generally Favored Nation Organization
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25
Many are derived from Roman law.
A)Case law legal systems
B)Common law systems
C)Civil law systems
D)Islamic legal systems
E)Socialist legal systems
A)Case law legal systems
B)Common law systems
C)Civil law systems
D)Islamic legal systems
E)Socialist legal systems
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26
Which of the following refers to an agent who distributes,represents,or sells goods on behalf of a foreign seller?
A)Export representative
B)Foreign exportation proponent
C)International sales and importation expert
D)Import representative
E)Foreign sales representative
A)Export representative
B)Foreign exportation proponent
C)International sales and importation expert
D)Import representative
E)Foreign sales representative
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27
Which of the following is a practice wherein an exporter sells products in a foreign state for less than the price charged for the same or comparable goods in the exporter's home market?
A)Disposal
B)Price cutting
C)Dumping
D)Profit maximizing
E)Subsidizing
A)Disposal
B)Price cutting
C)Dumping
D)Profit maximizing
E)Subsidizing
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28
Which of the following has the primary responsibility for the development of evidence within the civil law system?
A)Witnesses
B)The judge
C)The court clerk
D)The attorneys
E)Officers of the court specifically charged with gathering evidence
A)Witnesses
B)The judge
C)The court clerk
D)The attorneys
E)Officers of the court specifically charged with gathering evidence
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29
A company that sends its products to a foreign marketplace for sale has engaged in .
A)Foreign distributing
B)Exportation
C)Foreign transaction
D)Importation
E)Subsidization
A)Foreign distributing
B)Exportation
C)Foreign transaction
D)Importation
E)Subsidization
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30
Which of the following is one of the three basic types of subsidies?
A)Quantitative subsidy
B)Actionable subsidy
C)Indirect subsidy
D)International subsidy
E)Group subsidy
A)Quantitative subsidy
B)Actionable subsidy
C)Indirect subsidy
D)International subsidy
E)Group subsidy
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31
Which of the following systems originated from the English legal system?
A)Statutory law
B)Civil law
C)Common law
D)Asian law
E)Inquisitorial law
A)Statutory law
B)Civil law
C)Common law
D)Asian law
E)Inquisitorial law
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32
A is a free trade area with the additional feature of a common external tariff on products originating from outside the union.
A)Free trade union
B)External tariff union
C)Customs trade union
D)Customs union
E)International tariff union
A)Free trade union
B)External tariff union
C)Customs trade union
D)Customs union
E)International tariff union
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33
principle requires that World Trade Organization member states treat like goods coming from other World Trade Organization member states on an equal basis.
A)The nondiscriminatory
B)The fairness
C)The normal trade relations
D)The quantitative restrictions
E)The like treatment
A)The nondiscriminatory
B)The fairness
C)The normal trade relations
D)The quantitative restrictions
E)The like treatment
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34
The allows recognized governments of WTO member states to bring an action alleging a violation of GATT.
A)Mediation/arbitration agreement
B)Trade barrier agreement
C)GATT violation accord
D)Dispute Settlement Understanding
E)World dispute resolution agreement
A)Mediation/arbitration agreement
B)Trade barrier agreement
C)GATT violation accord
D)Dispute Settlement Understanding
E)World dispute resolution agreement
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35
is a comprehensive multilateral trading system designed to achieve distortion-free international trade through the minimization of tariffs and removal of artificial barriers?
A)The North and South American Free Trade Agreement
B)The General Agreement on Tariffs and Trade
C)The World Trade Organization Agreement
D)The International Agreement on Nontariffs and Trade
E)The European Free Trade Agreement
A)The North and South American Free Trade Agreement
B)The General Agreement on Tariffs and Trade
C)The World Trade Organization Agreement
D)The International Agreement on Nontariffs and Trade
E)The European Free Trade Agreement
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36
Which type of legal system exists in North Korea?
A)Socialist legal system
B)Civil legal system
C)Asian legal system
D)Common law legal system
E)Islamic legal system
A)Socialist legal system
B)Civil legal system
C)Asian legal system
D)Common law legal system
E)Islamic legal system
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37
Which of the following is true regarding nontariff barriers?
A)Embargoes are nontariff barriers,but quotas are not.
B)Quotas and embargoes are nontariff barriers,but indirect barriers are not.
C)Quotas,embargoes,and indirect barriers are all nontariff barriers.
D)Quotas are nontariff barriers,but embargoes are not.
E)Indirect barriers are nontariff barriers,but quotas and embargoes are not.
A)Embargoes are nontariff barriers,but quotas are not.
B)Quotas and embargoes are nontariff barriers,but indirect barriers are not.
C)Quotas,embargoes,and indirect barriers are all nontariff barriers.
D)Quotas are nontariff barriers,but embargoes are not.
E)Indirect barriers are nontariff barriers,but quotas and embargoes are not.
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38
What three countries are signatories to the North American Free Trade Agreement?
A)United States,Canada,and Japan
B)Canada,Mexico,and Great Britain
C)United States,Canada,and Mexico
D)England,France,and Italy
E)England,France,and Spain
A)United States,Canada,and Japan
B)Canada,Mexico,and Great Britain
C)United States,Canada,and Mexico
D)England,France,and Italy
E)England,France,and Spain
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39
Ratification of international agreements occurs in the U.S.by which of the following means?
A)Through consent of the president.
B)Through the advice and consent of two-thirds of the House of Representatives after the president submits the agreement for consideration.
C)Through the consent of the president and the approval of at least half the individual state legislatures.
D)Through the advice and consent of two-thirds of the Senate and two-thirds of the House of Representatives after the president submits the agreement for consideration.
E)Through the advice and consent of two-thirds of the Senate after the president submits the agreement for consideration.
A)Through consent of the president.
B)Through the advice and consent of two-thirds of the House of Representatives after the president submits the agreement for consideration.
C)Through the consent of the president and the approval of at least half the individual state legislatures.
D)Through the advice and consent of two-thirds of the Senate and two-thirds of the House of Representatives after the president submits the agreement for consideration.
E)Through the advice and consent of two-thirds of the Senate after the president submits the agreement for consideration.
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40
Which of the following is a tax levied on imported goods?
A)Indirect barrier
B)Embargo
C)Dumping
D)Non-tariff barrier
E)Tariff
A)Indirect barrier
B)Embargo
C)Dumping
D)Non-tariff barrier
E)Tariff
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41
[Miracle Face] Yoshe developed a great new type of face cream guaranteed to provide total sun protection,remove wrinkles,and result in anyone looking at least ten years younger.Her product,Miracle Face,became extremely popular in the U.S. ,where she has several shops,and also in other countries to which it was shipped.Yoshe has a number of individuals in other countries seeking to team with her in selling Miracle Face.Sam,a citizen of Mexico,asks that she grant him permission to use her name and any associated trademarks,and allow him to sell Miracle Face in Mexico.Yoshe has an offer,however,from another Mexican citizen,Nora.Nora proposes that she and Yoshe associate together,open a business to sell Miracle Face,and share profits and management responsibilities.Yoshe has also thought about opening her own business in Mexico in conformity with Mexican laws.She would then,hire employees in Mexico to sell the product.Another matter Yoshe has considered is simply arranging for her products to be shipped to Mexico for sale,and she is interested in the effect of any trade agreements in effect between the U.S.and Mexico.
Assuming that Yoshe decides to make the deal Sam proposes,Sam would be referred to as an) and Yoshe would be referred to as an).
A)Venturor;Venturee
B)Franchisee;Franchisor
C)Representative Offeror;Representative Offeree
D)Affiliator;Affiliatee
E)Franchisor;Franchisee
Assuming that Yoshe decides to make the deal Sam proposes,Sam would be referred to as an) and Yoshe would be referred to as an).
A)Venturor;Venturee
B)Franchisee;Franchisor
C)Representative Offeror;Representative Offeree
D)Affiliator;Affiliatee
E)Franchisor;Franchisee
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42
What doctrine allows courts to decline to exercise jurisdiction where there is a more convenient forum to hear the case?
A)Convenience del forum
B)Abstention
C)Absolute privilege
D)Forum non conveniens
E)Jurisdictional convenience
A)Convenience del forum
B)Abstention
C)Absolute privilege
D)Forum non conveniens
E)Jurisdictional convenience
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43
The Convention on Contracts for the International Sale of Goods recognizes a concept by which a buyer may give notice to the seller that delivery will be accepted beyond the time prescribed in the contract.That concept is known as .
A)Nachfrist
B)Stare decisis
C)Benach
D)Offer of late performance
E)Tender of late performance
A)Nachfrist
B)Stare decisis
C)Benach
D)Offer of late performance
E)Tender of late performance
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44
If Yoshe decides to proceed as Nora proposes,their arrangement would be a[n] .nternational law?
A)Affiliator-affiliatee arrangement
B)Joint venture
C)Franchisee-franchisor arrangement
D)Licensing agreement
E)Subsidiary agreement
A)Affiliator-affiliatee arrangement
B)Joint venture
C)Franchisee-franchisor arrangement
D)Licensing agreement
E)Subsidiary agreement
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45
Which of the following is false regarding the Convention on Contracts for the International Sale of Goods?
A)It applies to transactions involving the commercial sale of goods.
B)The United States has adopted the Convention on Contracts for the International Sale of Goods.
C)National contract law applies in areas not covered by the Convention on Contracts for the International Sale of Goods.
D)The Convention on Contracts for the International Sale of Goods has been ratified by the majority of states in the developed world.
E)The Convention on Contracts for the International Sale of Goods was adopted in 2000.
A)It applies to transactions involving the commercial sale of goods.
B)The United States has adopted the Convention on Contracts for the International Sale of Goods.
C)National contract law applies in areas not covered by the Convention on Contracts for the International Sale of Goods.
D)The Convention on Contracts for the International Sale of Goods has been ratified by the majority of states in the developed world.
E)The Convention on Contracts for the International Sale of Goods was adopted in 2000.
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46
The multilateral convention which establishes procedures for transnational discovery between private persons in different states is known as?
A)Hague Evidence Convention
B)NAFTA Evidence Convention
C)Smith Evidence Conventions
D)Discovery Convention
E)International Evidence Convention
A)Hague Evidence Convention
B)NAFTA Evidence Convention
C)Smith Evidence Conventions
D)Discovery Convention
E)International Evidence Convention
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47
permits adjudication of any claims against a defendant regardless of whether the claim has anything to do with the forum.
A)Local personal jurisdiction
B)Domestic personal jurisdiction
C)Specific person jurisdiction
D)International personal jurisdiction
E)General personal jurisdiction
A)Local personal jurisdiction
B)Domestic personal jurisdiction
C)Specific person jurisdiction
D)International personal jurisdiction
E)General personal jurisdiction
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48
Which of the following is true about the CISG and the UCC?
A)Both the CISG and the UCC recognize express warranties and implied warranties of merchantability arising from the sale of goods.
B)The CISG recognizes express warranties and implied warranties of merchantability arising from the sale of goods,however the UCC does not.
C)The CISG recognizes express warranties and the UCC recognizes implied warranties of merchantability arising from the sale of goods.
D)The CISG and the UCC do not recognize express warranties and implied warranties of merchantability arising from the sale of goods.
E)The UCC recognizes express warranties and implied warranties of merchantability arising from the sale of goods,however the CISG does not.
A)Both the CISG and the UCC recognize express warranties and implied warranties of merchantability arising from the sale of goods.
B)The CISG recognizes express warranties and implied warranties of merchantability arising from the sale of goods,however the UCC does not.
C)The CISG recognizes express warranties and the UCC recognizes implied warranties of merchantability arising from the sale of goods.
D)The CISG and the UCC do not recognize express warranties and implied warranties of merchantability arising from the sale of goods.
E)The UCC recognizes express warranties and implied warranties of merchantability arising from the sale of goods,however the CISG does not.
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49
[Pet Products] Sonya,who has a successful pet products business,is planning to expand her operations from the U.S.into Canada and perhaps Mexico.A friend of hers,Troy,told her that she should carefully investigate the laws in those countries before she proceeded.Sonya responded,however,that she was not concerned because by international treaty,and under NAFTA,so long as she is a U.S.citizen,she only has to obey theU.S.laws.Laws of other countries would not apply to her business operations.Sonya also replied that any other country would have the same contract laws as exists in the U.S.She tells him that the Uniform Commercial Code UCC)applies to all contracts and that as long as she has a written contract,she is covered.Sonya receives a contract from a Mexican company,signs it,drops it in the mail,and tells Troy the contract is complete.
Which of the following statements is correct regarding Sonya's statement that so long as she obeys the laws of the U.S. ,she does not need to be concerned about laws of other countries?
A)She is accurate,but only if countries are signatories to NAFTA.
B)She is accurate.
C)She is accurate,but only in regard to laws involved with the Uniform Commercial Code.
D)She is accurate,but only in regard to laws pertaining to employment.
E)She is inaccurate.
Which of the following statements is correct regarding Sonya's statement that so long as she obeys the laws of the U.S. ,she does not need to be concerned about laws of other countries?
A)She is accurate,but only if countries are signatories to NAFTA.
B)She is accurate.
C)She is accurate,but only in regard to laws involved with the Uniform Commercial Code.
D)She is accurate,but only in regard to laws pertaining to employment.
E)She is inaccurate.
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50
If Yoshe decides to open her own business in Mexico in conformity with Mexican laws and hires employees in Mexico to sell the product,she would have opened a[n] .
A)Licensing subsidiary
B)Franchise
C)Affiliate
D)Distributorship
E)Joint venture
A)Licensing subsidiary
B)Franchise
C)Affiliate
D)Distributorship
E)Joint venture
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51
Under which of the following circumstances would the Uniform Commercial Code UCC)apply?
A)When both parties to a sales transaction engage in interstate commerce.
B)When the parties are residents of different countries,regardless of the amount of the sales transaction.
C)When both parties to a sales transaction are residents of the United States
D)When the amount of the sales transaction exceeds $10,000.
E)When the parties are residents of different countries and the amount of the sales transaction exceeds $10,000.
A)When both parties to a sales transaction engage in interstate commerce.
B)When the parties are residents of different countries,regardless of the amount of the sales transaction.
C)When both parties to a sales transaction are residents of the United States
D)When the amount of the sales transaction exceeds $10,000.
E)When the parties are residents of different countries and the amount of the sales transaction exceeds $10,000.
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52
is a type of alternative dispute resolution procedure wherein disputes are submitted for resolution to private,nonofficial persons selected in a manner provided by law or the agreement of the parties.
A)Arbitration
B)International evaluation
C)Mediation
D)Multi-cultural evaluation
E)Neutral evaluation
A)Arbitration
B)International evaluation
C)Mediation
D)Multi-cultural evaluation
E)Neutral evaluation
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53
The power of a court over persons appearing before it,is referred to as?
A)Subject matter jurisdiction
B)Superior jurisdiction
C)Personal jurisdiction
D)Litigation jurisdiction
E)Individual jurisdiction
A)Subject matter jurisdiction
B)Superior jurisdiction
C)Personal jurisdiction
D)Litigation jurisdiction
E)Individual jurisdiction
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54
Which of the following is an international agreement governing the arbitration of private international disputes that has been ratified by the U.S.?
A)The International Arbitration Convention
B)The French Convention
C)The New York Convention
D)The NAFTA Convention
E)The Hague Convention
A)The International Arbitration Convention
B)The French Convention
C)The New York Convention
D)The NAFTA Convention
E)The Hague Convention
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55
Which doctrine is based on the notion that courts of one country will not sit in judgment on the acts of another state government,done within its own territory?
A)Foreign Sovereign Immunities Act.
B)Comity doctrine.
C)Political question doctrine.
D)Forum non conveniens dontrine.
E)Act of state doctrine
A)Foreign Sovereign Immunities Act.
B)Comity doctrine.
C)Political question doctrine.
D)Forum non conveniens dontrine.
E)Act of state doctrine
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56
In a sales contract between two companies,one in Florida and one in Kentucky,which of the following is true about which set of laws would apply:
A)The CISG,because both parties to the sales transaction are residents of the United States.
B)The UCC,because both parties to the sales transaction are residents of the United States.
C)The UCC,but only if the parties opted out of the CISG.
D)Both the CISG or the UCC would apply
E)Neither the CISG nor the UCC would apply.
A)The CISG,because both parties to the sales transaction are residents of the United States.
B)The UCC,because both parties to the sales transaction are residents of the United States.
C)The UCC,but only if the parties opted out of the CISG.
D)Both the CISG or the UCC would apply
E)Neither the CISG nor the UCC would apply.
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57
Which of the following translates directly to "law of merchants?"
A)Lex Loci
B)Ad Merchandiso
C)Lex Mercatoria
D)Res Judicata
E)Lex Seller
A)Lex Loci
B)Ad Merchandiso
C)Lex Mercatoria
D)Res Judicata
E)Lex Seller
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58
Which of the following should Yoshe consider concerning trade agreements between the U.S.and Mexico?
A)The North American Free Trade Agreement
B)The Tri-Country Free Trade Agreement
C)The Multi-Country Free Trade Agreement
D)The Central American Free Trade Agreement
E)The Accessibility Trade Agreement
A)The North American Free Trade Agreement
B)The Tri-Country Free Trade Agreement
C)The Multi-Country Free Trade Agreement
D)The Central American Free Trade Agreement
E)The Accessibility Trade Agreement
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59
If Yoshe ships Miracle Face to Mexico for sale,she would be involved in the of goods.
A)franchising
B)licensing
C)affiliating
D)import
E)export
A)franchising
B)licensing
C)affiliating
D)import
E)export
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60
Do both the CISG and the UCC require contracts for the sale of goods be in writing?
A)No.The UCC requires that all contracts for the sale of goods be in writing,however,the CISG does not require a writing.
B)No.The UCC requires that contracts for the sale of goods in excess of $500 be in writing,however,the CISG does not require a writing.
C)No.The CISG requires that contracts for the sale of goods in excess of $500 be in writing,however,the UCC does not require a writing.
D)No.The CISG requires that all contracts for the sale of goods be in writing,however,the UCC does not require a writing.
E)Yes,both the UCC and the CISG require that contracts for the sale of goods be in writing.
A)No.The UCC requires that all contracts for the sale of goods be in writing,however,the CISG does not require a writing.
B)No.The UCC requires that contracts for the sale of goods in excess of $500 be in writing,however,the CISG does not require a writing.
C)No.The CISG requires that contracts for the sale of goods in excess of $500 be in writing,however,the UCC does not require a writing.
D)No.The CISG requires that all contracts for the sale of goods be in writing,however,the UCC does not require a writing.
E)Yes,both the UCC and the CISG require that contracts for the sale of goods be in writing.
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61
What should Cecelia do if she wants some additional protection to guarantee that any dispute with international business will be resolved in her state in the U.S.?
A)She should put a choice of law provision in the contract.
B)There is nothing she can do.
C)She should put a Hague clause in the contract.
D)She should put a choice of general jurisdiction clause in the contract.
E)She should put a forum selection agreement clause within the contract.
A)She should put a choice of law provision in the contract.
B)There is nothing she can do.
C)She should put a Hague clause in the contract.
D)She should put a choice of general jurisdiction clause in the contract.
E)She should put a forum selection agreement clause within the contract.
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62
Does an Illinois court have specific personal jurisdiction over DroneTek?
A)Yes,because the D2000 was shipped to Illinois.
B)No,because DroneTek has not purposefully availed itself of the protections of the Illinois forum.
C)Yes,if the value of Reymond's claim is over $50,000.
D)No,because Illinois has general personal jurisdiction over DroneTek.
E)Yes,because the D2000 entered the stream of commerce.
A)Yes,because the D2000 was shipped to Illinois.
B)No,because DroneTek has not purposefully availed itself of the protections of the Illinois forum.
C)Yes,if the value of Reymond's claim is over $50,000.
D)No,because Illinois has general personal jurisdiction over DroneTek.
E)Yes,because the D2000 entered the stream of commerce.
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63
[DroneTek] DroneTek,Inc,a Swedish company,produces drones that are sold in the United States and many countries.DroneTek's D2000 model is a top seller in Illinois,where Reymond lives.While vacationing in Mexico,Reymond purchased a D2000 drone.Unfortunately,during a tour in Mexico City,the blades of the D2000 broke from the unit and caused serious and permanent injury to Reymond.Reymond wants to file suit in Illinois against DroneTek for its defective product.
In order for any judgment in Illinois to be enforceable against DroneTek,what must the court have?
A)Subject-matter jurisdiction and general personal jurisdiction
B)Subject-matter jurisdiction and either general or specific personal jurisdiction.
C)Subject-matter jurisdiction or personal jurisdiction.
D)Subject-matter jurisdiction and specific personal jurisdiction.
E)Subject-matter jurisdiction,general personal jurisdiction,and specific personal jurisdiction
In order for any judgment in Illinois to be enforceable against DroneTek,what must the court have?
A)Subject-matter jurisdiction and general personal jurisdiction
B)Subject-matter jurisdiction and either general or specific personal jurisdiction.
C)Subject-matter jurisdiction or personal jurisdiction.
D)Subject-matter jurisdiction and specific personal jurisdiction.
E)Subject-matter jurisdiction,general personal jurisdiction,and specific personal jurisdiction
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64
Is Sonya correct that her contract with the Mexican company is complete when she drops it in the mail?
A)No,if the UCC applies.
B)No,if the CISG applies.
C)No,because neither the UCC nor the CISG would apply.
D)Yes,because a contract need not be in writing under the CISG.
E)Yes,because both the UCC and the CISG would apply.
A)No,if the UCC applies.
B)No,if the CISG applies.
C)No,because neither the UCC nor the CISG would apply.
D)Yes,because a contract need not be in writing under the CISG.
E)Yes,because both the UCC and the CISG would apply.
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65
[Lambswool tax] The U.S.and Canada are members of the World Trade Organization and GATT.Frustrated by the tough competition from Canadian suppliers,Lambswool suppliers in the U.S.have pressured Congress to pass a law requiring importers to pay a tax per pound of lambswool imported to the U.S.and restricting the number of pounds of lambswool imported from specific countries,including Canada.Wholly Wool,Inc. ,is a Canadian company that sells lambswool that is nearly identical to lambswool produced and sold in the U.S.
Does the lambswool tax violate the principle of normal trade relations,according to Article I of GATT?
A)No,because Canada does not have most-favored-nation status.
B)No,because the U.S.is entitled to tax like goods.
C)Yes,because WTO member states must treat like goods coming from other WTO member states on an equal basis.
D)No,because the tax does not violate NAFTA.
E)No,because WTO member states need not treat like goods coming from other WTO member states the same.
Does the lambswool tax violate the principle of normal trade relations,according to Article I of GATT?
A)No,because Canada does not have most-favored-nation status.
B)No,because the U.S.is entitled to tax like goods.
C)Yes,because WTO member states must treat like goods coming from other WTO member states on an equal basis.
D)No,because the tax does not violate NAFTA.
E)No,because WTO member states need not treat like goods coming from other WTO member states the same.
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66
All of the following are examples of a nontariff barrier except .
A)A ban on trade with Canada
B)A trade embargo
C)A quota or limit on the amount of imported units.
D)A fee based on the weight of the imported units
E)A ban on the sale of lambswool
A)A ban on trade with Canada
B)A trade embargo
C)A quota or limit on the amount of imported units.
D)A fee based on the weight of the imported units
E)A ban on the sale of lambswool
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67
Which of the following is the most common legal system in the world?
A)The common law system.
B)The civil law system.
C)The socialist legal system.
D)The EU
E)The United States legal system
A)The common law system.
B)The civil law system.
C)The socialist legal system.
D)The EU
E)The United States legal system
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68
A forum for the settlement of the lambswool tax dispute could be:
A)The WTO
B)GATT
C)The International Monetary Fund
D)The Uruguay Round
E)The International Trade Arbitration Forum
A)The WTO
B)GATT
C)The International Monetary Fund
D)The Uruguay Round
E)The International Trade Arbitration Forum
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69
What type of trade barrier is the lambswool tax?
A)A nontariff barrier
B)A quota
C)A quantitative restriction
D)A subsidy
E)A tariff
A)A nontariff barrier
B)A quota
C)A quantitative restriction
D)A subsidy
E)A tariff
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70
If Cecelia does not take Willie at his word and wants additional assurance that her state's law would be applied,what should she do?
A)She should insert a GATT clause into the contract.
B)There is nothing she can do.
C)She should insert Hague evidence clause in the contract.
D)She should insert a choice-of-law clause in the contract.
E)She should insert a forum selection clause in the contract.
A)She should insert a GATT clause into the contract.
B)There is nothing she can do.
C)She should insert Hague evidence clause in the contract.
D)She should insert a choice-of-law clause in the contract.
E)She should insert a forum selection clause in the contract.
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71
[Weeds] Cecelia developed a product guaranteed to immediately kill weeds,but will absolutely not kill any other type of grass or shrub.She has encountered several individuals and businesses in other countries who would like to enter into contracts with her and market her products internationally.She consulted with Willie,who just graduated law school and has yet to pass the bar,and asked him for advice regarding those contracts.Willie proceeded to tell her that she should simply enter into the same type of contract with international businesses and individuals from other countries as she would if those individuals and businesses were located in the United States.He tells her that if there is any problem,then they will simply have to come to the United States to settle the matter,and that any issues would be determined in Cecelia's home county,in her home state,and under her state's law.He also mentions to her that she should consider contacting local foreign officials in the areas in which she would like her product sold,and suggest to them that she can contribute heavily to election campaigns,if she is allowed without any trouble,to obtain necessary business licenses and approvals to do business.
Which of the following is true regarding Willie's advice that Cecelia should contact foreign officials regarding election campaign contributions?
A)Willie was incorrect,and following his advice would put Cecelia in danger of violating foreign laws in the countries in which she makes such offers;but she would not be in danger of violating any U.S.laws.
B)Willie was incorrect,and following his advice would put Cecelia in danger of violating the Foreign Corrupt Practices Act.
C)Willie was correct,and following his advice is a good idea for Cecelia.
D)Willie was incorrect,and following his advice would put Cecelia in danger of violating the federal Unfair Competition Act.
E)Willie was incorrect,and following his advice would put Cecelia in danger of violating the Uniform Anti-Bribery Statute.
Which of the following is true regarding Willie's advice that Cecelia should contact foreign officials regarding election campaign contributions?
A)Willie was incorrect,and following his advice would put Cecelia in danger of violating foreign laws in the countries in which she makes such offers;but she would not be in danger of violating any U.S.laws.
B)Willie was incorrect,and following his advice would put Cecelia in danger of violating the Foreign Corrupt Practices Act.
C)Willie was correct,and following his advice is a good idea for Cecelia.
D)Willie was incorrect,and following his advice would put Cecelia in danger of violating the federal Unfair Competition Act.
E)Willie was incorrect,and following his advice would put Cecelia in danger of violating the Uniform Anti-Bribery Statute.
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72
Is Sonya correct in saying that the UCC applies to all contracts and as long as she has a written contract,she is covered?
A)She is incorrect,because the UCC only applies to the sale of goods.
B)She is correct.
C)She is incorrect.Even though the UCC applies to all contracts,the CISG applies to this situation.
D)She is incorrect.
E)She is incorrect,because the UCC applies when the value of the contract is over $500.
A)She is incorrect,because the UCC only applies to the sale of goods.
B)She is correct.
C)She is incorrect.Even though the UCC applies to all contracts,the CISG applies to this situation.
D)She is incorrect.
E)She is incorrect,because the UCC applies when the value of the contract is over $500.
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73
Wholly Wool's President claims the United States is in violation of GATT because of the improper restriction on the amount of lambswool that can be imported.Is he correct?
A)Yes,because the quantitative restriction was made for national economic reasons
B)No,because the U.S.is entitled to tax like goods.
C)Yes,because GATT prohibits all restrictions on importation of domestic animal products.
D)No,because GATT allows quantitative restrictions that have a rational basis.
E)No,because the goods are also produced in the United States.
A)Yes,because the quantitative restriction was made for national economic reasons
B)No,because the U.S.is entitled to tax like goods.
C)Yes,because GATT prohibits all restrictions on importation of domestic animal products.
D)No,because GATT allows quantitative restrictions that have a rational basis.
E)No,because the goods are also produced in the United States.
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74
Under the Dispute Settlement Understanding,who may bring an action alleging a violation of GATT?
A)Recognized governments of WTO member states
B)Any WTO member state
C)The WTO Secretariat
D)The WTO
E)Any corporation in a WTO member state
A)Recognized governments of WTO member states
B)Any WTO member state
C)The WTO Secretariat
D)The WTO
E)Any corporation in a WTO member state
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75
Which of the following is not true about common law systems?
A)The judge is not responsible for gathering any evidence
B)It is an adversarial system.
C)The judge does not typically get involved in the case until trial
D)Judges are appointed or elected
E)Juries are not used.
A)The judge is not responsible for gathering any evidence
B)It is an adversarial system.
C)The judge does not typically get involved in the case until trial
D)Judges are appointed or elected
E)Juries are not used.
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76
Which of the following issues is not addressed by NAFTA?
A)The right to strike
B)Freedom from employment discrimination
C)Free trade in Central America
D)Protecting the environment
E)Developing common environmental standards
A)The right to strike
B)Freedom from employment discrimination
C)Free trade in Central America
D)Protecting the environment
E)Developing common environmental standards
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77
Which of the following is not true about the European Union EU)?
A)The EU was expanded in 2004 to include the United States.
B)The EU was expanded in 2004,2007,and 2013.
C)It is the largest regional trading bloc in the world.
D)The modern EU had its inception in three treaties from the 1950s
E)It is a customer union
A)The EU was expanded in 2004 to include the United States.
B)The EU was expanded in 2004,2007,and 2013.
C)It is the largest regional trading bloc in the world.
D)The modern EU had its inception in three treaties from the 1950s
E)It is a customer union
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78
What was the result at the U.S.Supreme Court level in Goodyear Dunlop Tires Operations,S.A. v.Brown,involving whether a court in North Carolina could exercise jurisdiction over the defendant tire manufacturer and its subsidiaries who were based in Turkey and France? The underlying lawsuit involved the deaths of North Carolina residents in France when a bus in which they were riding allegedly overturned due to problems with its tires. )
A)The Court ruled that based on the general contacts theory,the North Carolina court could exercise general jurisdiction over the foreign defendants but not specific jurisdiction.
B)The Court ruled that based on the stream of commerce theory,the North Carolina court could exercise general jurisdiction over the foreign defendants.
C)The court ruled that the North Carolina court could not exercise jurisdiction over the defendants.
D)The Court ruled that based on the stream of commerce theory,the North Carolina court could exercise specific jurisdiction over the foreign defendants.
E)The Court ruled that based on the general contacts theory,the North Carolina court could exercise specific jurisdiction over the foreign defendants but not general jurisdiction.
A)The Court ruled that based on the general contacts theory,the North Carolina court could exercise general jurisdiction over the foreign defendants but not specific jurisdiction.
B)The Court ruled that based on the stream of commerce theory,the North Carolina court could exercise general jurisdiction over the foreign defendants.
C)The court ruled that the North Carolina court could not exercise jurisdiction over the defendants.
D)The Court ruled that based on the stream of commerce theory,the North Carolina court could exercise specific jurisdiction over the foreign defendants.
E)The Court ruled that based on the general contacts theory,the North Carolina court could exercise specific jurisdiction over the foreign defendants but not general jurisdiction.
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79
Does an Illinois court have general personal jurisdiction over DroneTek?
A)Yes,because the D2000 was sold in Illinois
B)No,because Illinois has specific personal jurisdiction over DroneTek.
C)Yes,if the value of Reymond's claim is over $50,000.
D)No,because DroneTek does not maintain a presence in Illinois.
E)Yes,because its product was defective and injured a resident of Illinois.
A)Yes,because the D2000 was sold in Illinois
B)No,because Illinois has specific personal jurisdiction over DroneTek.
C)Yes,if the value of Reymond's claim is over $50,000.
D)No,because DroneTek does not maintain a presence in Illinois.
E)Yes,because its product was defective and injured a resident of Illinois.
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80
Which of the following would support a claim of specific personal jurisdiction over DroneTek?
A)If all D2000s were found to have a product defect.
B)If DroneTek had a distributor in Illinois.
C)If Illinois were part of the D2000's chain of distribution.
D)If Illinois were part of DroneTek's stream of commerce.
E)If DroneTek's sales in Illinois were over $50,000.
A)If all D2000s were found to have a product defect.
B)If DroneTek had a distributor in Illinois.
C)If Illinois were part of the D2000's chain of distribution.
D)If Illinois were part of DroneTek's stream of commerce.
E)If DroneTek's sales in Illinois were over $50,000.
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