Deck 25: International Law and Global Commerce

Question 1

The Paris Convention sets international standards for the patentability of inventions.

Answer 1

False
Explanation: The Paris Convention does not set any standards for patentability.

Question 2

Saudi Arabia uses Islamic law for personal conduct and civil law for business transactions.Because of this,it has a religious-based legal system.

Answer 2

False
Explanation: Saudi Arabia uses two different types of legal systems. It therefore has a mixed legal system.

Question 3

The United States is bound to follow the judgments of the International Court of Justice.

Answer 3

False
Explanation: The U.S. withdrew from compulsory jurisdiction in 1986.

Question 4

The common law legal system allows judges to fill in gaps in the law that are not covered by a statute.

Question 5

Under the concept of ______,foreign nations are exempt from jurisdiction in foreign courts.

Question 6

The Foreign Corrupt Practices Act was created to prevent bribery of foreign officials.

Question 7

The ICC,LCIA,and AAA all use the same rules to govern their arbitrations.

Question 8

The civil law system relies heavily on ________ to define their laws.

Question 9

The ________ of the International Court of Justice is the main document constituting and regulating the International Court of Justice.

Question 10

UNCISG provisions do not apply to transactions where one party is a _______.

Question 11

________ international law addresses relations between individual countries and international organizations.

Question 12

In a sale between Mark Merchant and Nonmerchant Norm the UNCISG rules for the sale of goods are applicable.

Question 13

Common law jurisdictions adhere to the concept of ________ whereby a court may strike down a piece of legislation if it violates an overriding principle of law.

Question 14

Private international law primarily addresses relationships between countries,business entities,and international organizations.

Question 15

Mediation and conciliation both involve a ________ process.

Question 16

The idea that nations defer to and give effect to laws and court decisions is referred to as ______.

Question 17

U.N.Commission on International ________ provides arbitration rules for parties who do not wish to spend money on the services of arbitration services but would like a standard procedure.

Question 18

________ policy is primarily governed by the Paris Convention and the Madrid Protocol.

Question 19

The World Trade Organization (WTO)has certain authority over disputes on trade barriers.

Question 20

UNCISG has a writing requirement that is similar to the Statute of Frauds.

Question 21

Intellectual property rights protection come from several multilateral agreements.

Question 22

Reciprocity is an important concept in the Berne Convention.

Question 23

Under the concept of sovereign immunity,a foreign country is exempt from jurisdiction in the U.S.courts.

Question 24

The Paris Convention removes all risk for inventors regarding patents.

Question 25

International Chamber of Commerce terms and abbreviations are usually used in conjunction with UNCISG.

Question 26

As long as there is proof that the parties intended to form a contract for the sale of goods and there is mention of the goods,quantity,and the price there is a valid offer under the UNCISG.

Question 27

Public international law primarily addresses relationships between countries,business entities,and international organizations.

Question 28

The right of a buyer for a seller to cure any problems with the goods ends when the performance period is through under UNCISG.

Question 29

The International Court of Justice primarily hears civil and criminal cases.

Question 30

Only current government officials are included in the anti-bribery restrictions of the Foreign Corrupt Practice Act.

Question 31

Mediation is an involuntary process that involves a third party decision maker.

Question 32

American Arbitration Association arbitration rules permit the parties to choose an arbitrator as long as the AAA receives notification of their choice.

Question 33

The use of treaties as a modern source of international law dates to World War I and the Treaty of Versailles.

Question 34

The only major difference between the UCC and the UNCISG is the lack of writing requirement under the UNCISG.

Question 35

Company executives taking foreign officials to dinner is not bribery under the Foreign Corrupt Practices Act.

Question 36

Diplomatic relations do not play a role in the creation of international law.

Question 37

Countries that follow the common law system include the U.S.,Canada,Australia,and most of Latin America.

Question 38

There are no exemptions to the doctrine of sovereign immunity.

Question 39

The standard for finding violations of the Foreign Corrupt Practices Act has never been amended.

Question 40

An international arbitration usually has no connection with the country where the arbitration is being held.

Question 41

What is the purpose of the Paris Convention?

A) extend national patent rights to foreign inventors who have patents in their home country
B) place limits on the items that are able to be protect under trademark laws
C) set requirements for filing for copyrights in foreign jurisdictions
D) standardize requirements for filing for trademarks around the world

Question 42

How are the International Court of Justice's rulings enforced?

A) there are no means to enforce the judgments
B) through the U.N. Security Council
C) through monetary sanctions
D) through unilateral agreement by the parties before their case is heard

Question 43

The civil law system is based on which legal heritage?

A) English
B) Roman
C) American
D) Italian

Question 44

Pierre and Fritz have an oral agreement to ship goods from Switzerland to Quebec,Canada.If the UNCISG applies:

A) there is no contract to ship the goods because it is not in writing.
B) there is no contract to ship the goods because Pierre and Fritz are not both European.
C) the oral agreement is binding only if the goods are shipped and received without protest from either party.
D) there may be a contract depending on the totality of the circumstances

Question 45

Legal systems that are made of two or more different legal systems are known as:

A) mixed legal systems.
B) combined legal systems.
C) multiple legal systems.
D) blended legal systems

Question 46

If Gina,an American musician,sold copies of her latest album in Great Britain,her music would be protected the same as a British citizen under what agreement?

A) Vienna Convention on the Law of Treaties
B) Paris Convention
C) Madrid Protocol
D) Berne Convention

Question 47

What is the main problem with international courts?

A) finding judges who understand the complexities of international law
B) creating a body of law that reflects multiple legal systems
C) enforcing a ruling on sovereign nations is difficult
D) lack of recognition from the U.N. and WTO

Question 48

When did the U.S.withdraw from compulsory jurisdiction from the International Court of Justice?

A) 1959
B) it was never under compulsory jurisdiction of the court
C) 1986
D) it never withdrew

Question 49

Under the Foreign Sovereign Immunities Act (FSIA)a foreign country is not under the jurisdiction of U.S.courts if the foreign nation:

A) is engaged in some commercial enterprise on U.S. soil.
B) its actions have a direct effect on U.S. interests.
C) files a law suit in its own courts against a U.S. based business.
D) waived immunity, explicitly or by implication

Question 50

What is the standard used to find violations of Foreign Corrupt Practices Act (FCPA)?

A) a standard of good faith and fair dealing
B) a standard of reasonable care
C) no intent is necessary
D) a knowing standard

Question 51

What type of legal system would a government that based its laws on the tenants of Buddhism have?

A) a karma law system
B) a blended legal system
C) a religious-based legal system
D) a mixed legal system

Question 52

What is the purpose of the International Chamber of Commerce Terms?

A) to standardize contractual terms and avoid confusion due to language barriers
B) to provide basic contract law for international sales of goods
C) to standardize the monetary units used in international contracts
D) to provide a forum for arbitration of UNCISG contracts

Question 53

What is the major difference between domestic and international arbitrations?

A) the different arbitration rules between the arbitration organizations
B) international arbitration awards have wide enforceability in many countries
C) international arbitration awards have limited enforceability in many countries
D) American courts do not recognize the validity of international arbitration

Question 54

In Butters v.Vance International Inc,Vance International was hired to provide security for the Saudi royal family while they were in California.Butters was employed by Vance International as a security officer.She was assigned to the Saudi detail and worked occasionally as an acting supervisor in a security command post.Vance International recommended to the Saudis that Butters be promoted to a full rotation in the command post.The Saudis rejected this recommendation on their belief that it was against Islamic law to have a woman in the command post.Butters sued for gender discrimination for the loss of promotion.Vance International argued that they were immune under the Federal Sovereign Immunities Act because they were carrying out the orders of a foreign government.The court found that:

A) Vance International was not immune because the discrimination took place on American soil.
B) Vance International was not immune because the Saudis waived immunity by hiring an American security company.
C) Vance International was immune because the Saudis were performing an act peculiar to a sovereign and not a commercial activity.
D) Vance International was immune because U.S. courts recognize the jurisdiction of Saudi's laws for Saudi nationals in the U.S

Question 55

Which of these is not a primary source of international law?

A) treaties
B) customs
C) United Nations statutes
D) judicial decisions

Question 56

The World International Property Organization created an arbitration center in Switzerland for the arbitration of each of the following except:

A) copyrights.
B) patents.
C) trademarks.
D) contracts

Question 57

Jose is from Argentina.He works for a railroad business that is controlled by the government.Big Container Shipping Company is considering sending their South American cargo on that railroad.Should Big Container Shipping be concerned with the Foreign Corrupt Practices Act when they take Jose out to an expensive dinner?

A) yes, because Jose is a foreign national
B) yes, because Jose works for a government controlled business
C) no, because Jose does not work directly for the government administration, he works for a business
D) no, because it is only dinner

Question 58

Which of these agreements apply to copyrights?

A) Madrid Protocol
B) United Nations Intellectual Property Accord
C) Berne Convention
D) Paris Convention

Question 59

The common law system is based on what country's legal concepts and organization?

A) United States
B) ancient Rome
C) England
D) France

Question 60

Which international body created the Convention of Contracts for the International Sale of Goods (CISG)?

A) World Trade Organization
B) U.N. Commission on International Trade Law
C) International Monetary Fund
D) Organization for Economic Cooperation and Development

Question 61

In Yahoo! v.La Ligue Contre Racisme et L'Antisemitisme,Yahoo! ran an auction site that allowed user to post and sell items to buyers from around the world.Yahoo!'s policies for the items being sold included prohibitions on particular illegal items from being sold.It also told sellers that they could not list items in jurisdictions where the sale of the item would violate the jurisdiction's applicable laws.La Ligue Contre Racisme et L'Antisemitisme (LICRA)sued Yahoo! in France under a French law prohibiting the sale of Nazi and Third Reich related items.The French court held that Yahoo! violated the French code with their sale.Yahoo! filed a suit in U.S.District court claiming that the ban infringed on impermissibly on its rights under the U.S.Constitution's First Amendment and asked that the court find that the French court's holding was not enforceable under American law.The district court held that:

A) U.S. courts are bound by foreign judgments if the two countries both recognize the sovereignty of each other.
B) U.S. courts are not bound by foreign judgments if the judgment is inconsistent with Constitution and laws of the United States.
C) U.S. courts are bound by foreign judgments based on the principles set forth through comity and the Vienna Treaty.
D) U.S. courts are not bound by foreign judgments based on the idea of sovereign immunity

Question 62

The nation of Tobago is looking for new boats for its Coast Guard.Tobago enters into a contract to purchase boats from an American manufacture while visiting their facility in Miami.Tobago revokes the contract after the acceptance period under the UCC.The boat manufacturer sues for contract enforcement in a U.S.federal court.Does the court have jurisdiction over the nation of Tobago?

Question 63

Why does the Paris Convention still leave inventors at risk?

A) very few countries have signed
B) many member countries do not comply with it
C) it does not specify common standards for patentability
D) it is limited to only patents

Question 64

What are the four major differences between the UCC and the UNCISG?

Question 65

What does the Paris Convention address? What is the major enforcement problem with it?

Question 66

What is the problem with the Madrid Protocol?

A) there are no specifics that require fundamental enforcement
B) few countries have signed the agreement
C) the European Union chose to create their own agreement instead of following Madrid Protocol's terms
D) the terms of the protocol are very limited in their application

Question 67

What is the role of the International Court of Justice?

Question 68

Which of these is not a major part of the Foreign Corrupt Practices Act?

A) requiring corporations to keep accurate records, books, and accounts
B) requiring corporations to refrain from committing copyright violations abroad
C) prohibiting bribery by American corporations of foreign officials
D) requiring issuers registered with the Securities and Exchange Commission to maintain a responsible internal accounting control system

Question 69

Discuss the ways the three major international arbitration organizations choose arbitrators.

Question 70

What are the sources of international law? Briefly discuss each.

Question 71

In a contract governed by UNCISG,when must a contract for the sale of goods be written?

A) when the price exceeds $500
B) when the price exceeds $1,500
C) when the price exceeds $5,000
D) there is no requirement that the contract be written

Question 72

Which treaty is the standard that courts use for interpreting treaty law?

A) Convention on the Recognition and Enforcement of Foreign Laws
B) United Nations Treaty on Foreign Jurisprudence
C) Berne Convention
D) Vienna Convention on the Law of Treaties

Question 73

Describe the current state of international protections of trademarks.

Question 74

What is the purpose of the Madrid Protocol?

A) set standards for international trials
B) make the trademark process more uniform and single-sourced for multinational companies
C) ensure copyright protection in foreign jurisdictions
D) limit abilities of multinational companies to file for trademark protections

Question 75

A website lets anyone sell items to buyers from around the world.The site's policies for the items being sold included prohibitions on particular illegal items from being sold.It also tells sellers that they could not list items in jurisdictions where the sale of the item would violate the jurisdiction's applicable laws.The
E.U. found a violation of their law. Would a U.S. court find the same?
No. An American court would hold that they would not be bound by the European judgment because it is inconsistent with the U.S. Constitution. The IRA is political organization. The items promoting the IRA would be protected under the right to free speech. This decision would follow the reasoning and holding of the Yahoo! case.
E.U. has an anti-terrorism law prohibiting the sale of pro-Irish Republican Army related items on the internet. The website has several IRA items for sale. The

Question 76

What is the role of the International Court of Justice?

A) settle legal disputes submitted to it by member states
B) set rules and standards for international arbitrations
C) hear cases on war crimes and crimes against humanity
D) interpret legislation drafted by the United Nations

Question 77

Platkos Inc.applies for a permit to import their goods to Russia.A Russian official denies their permit.Platkos hires a Russian consultant,a very low level official to act as a lobbyist.The consultant is paid a very large fee.When the permit is approved,Platkos sends the consultant a thank you gift.Is this scenario permissible under the FCPA?

Question 78

What are the four major types of legal systems and the basis of each?

Question 79

In DiMercurio v.Sphere Drake Insurance,DiMercurio was a fisherman who worked on a boat in Massachusetts.The boat was insured by a British insurance company,Sphere Drake.The boat DiMercurio worked on sank and he was injured.The company he worked for could not pay the damages DiMercurio won against them in court but gave their rights against its insurer,Sphere Drake,to DiMercurio.The insurance policy between the boat owners and Sphere Drake included an arbitration clause.Sphere Drake sought to enforce the arbitration while DiMercurio argued that it would be too burdensome on the parties that he would have to travel to London for arbitration.The appellate court held that:

A) the international travel was overly burdensome and the arbitration clause was not valid.
B) DiMercurio did not agree to the arbitration clause with Sphere Drake, the boat owner did, therefore the arbitration clause is not valid.
C) the arbitration clause is valid because arbitration clauses once agreed on are always valid.
D) the arbitration clause is valid under a four-part analysis that included the consideration of the commercial relationship having a reasonable relation with a foreign country

Question 80

Which of these is not a prominent group that administers arbitrations?

A) International Chamber of Commerce's International Court of Arbitration (ICC)
B) World Arbitration Organization (WAO)
C) London Court of International Arbitration (LCIA)
D) American Arbitration Association (AAA)