Deck 54: International and World Trade Law
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Deck 54: International and World Trade Law
1
The European Union was created by a multilateral treaty.
True
2
Under the Treaty Clause, both the federal government and state governments can enter into treaties with foreign nations.
False
3
Explain the Treaty Clause of the U.S. Constitution.
A treaty is an agreement or a contract between two or more nations that is formally signed by an authorized representative and ratified by the supreme power of each nation. Article II, Section 2, Clause 2 of the U.S. Constitution-the Treaty Clause-states that the president "shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the senators present concur." Under the Treaty Clause, only the federal government can enter into treaties with foreign nations. Under the Supremacy Clause of the Constitution, treaties become part of the "law of the land," and conflicting state or local law is void. The president is the agent of the United States in dealing with foreign countries.
4
The U.S. Constitution divides the power to regulate foreign affairs equally between the federal and state governments.
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5
The ________ is a body that hears cases that nations refer to it as well as cases involving treaties and the United Nations (UN) Charter.
A) Security Council
B) General Assembly
C) International Court of Justice
D) International Monetary Fund
A) Security Council
B) General Assembly
C) International Court of Justice
D) International Monetary Fund
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6
Which of the following pairs of constitutional provisions gives the federal government the authority to regulate foreign affairs?
A) the Due Process Clause and Double Jeopardy Clause
B) the Supremacy Clause and the Equal Protection Clause
C) the Free Exercise Clause and the Establishment Clause
D) the Foreign Commerce Clause and the Treaty Clause
A) the Due Process Clause and Double Jeopardy Clause
B) the Supremacy Clause and the Equal Protection Clause
C) the Free Exercise Clause and the Establishment Clause
D) the Foreign Commerce Clause and the Treaty Clause
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7
Which of the following is headed by the secretary-general of the United Nations (UN)?
A) the International Court of Justice
B) the Secretariat
C) the Security Council
D) the General Assembly
A) the International Court of Justice
B) the Secretariat
C) the Security Council
D) the General Assembly
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8
The General Assembly of the United Nations (UN) is ________.
A) a collection of autonomous agencies that deals with the socio-economic problems of the United States
B) the legislative body of the United Nations that is composed of all UN member nations
C) a group of 15 member nations that is primarily responsible for maintaining international peace and security
D) the staff of persons that administers the day-to-day operations of the UN
A) a collection of autonomous agencies that deals with the socio-economic problems of the United States
B) the legislative body of the United Nations that is composed of all UN member nations
C) a group of 15 member nations that is primarily responsible for maintaining international peace and security
D) the staff of persons that administers the day-to-day operations of the UN
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9
Which of the following statements is true of international law?
A) All legal matters of international importance are prosecuted by a single world court that is responsible for interpreting international law.
B) The enforcement of international law is regulated by a unitary world executive branch.
C) There is no single legislative source of international law.
D) All countries have to follow the international law enacted by other countries.
A) All legal matters of international importance are prosecuted by a single world court that is responsible for interpreting international law.
B) The enforcement of international law is regulated by a unitary world executive branch.
C) There is no single legislative source of international law.
D) All countries have to follow the international law enacted by other countries.
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10
Which of the following branches of the United Nations is primarily responsible for maintaining international peace and has authority to use armed force for this purpose?
A) the General Assembly
B) the Secretariat
C) the Security Council
D) the International Court of Justice
A) the General Assembly
B) the Secretariat
C) the Security Council
D) the International Court of Justice
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11
The ________ is a staff of persons that administers the day-to-day operations of the United Nations (UN).
A) Council of Ministers
B) Security Council
C) General Assembly
D) Secretariat
A) Council of Ministers
B) Security Council
C) General Assembly
D) Secretariat
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12
An agreement between two or more nations that is formally signed by an authorized representative of each nation and ratified by each nation is known as a(n) ________.
A) statute
B) charter
C) treaty
D) arraignment
A) statute
B) charter
C) treaty
D) arraignment
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13
Which of the following is an example of an autonomous agency of the United Nations?
A) the North Atlantic Treaty Organization
B) the Security Council
C) the World Trade Organization
D) the International Monetary Fund
A) the North Atlantic Treaty Organization
B) the Security Council
C) the World Trade Organization
D) the International Monetary Fund
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14
Any state or local law that unduly burdens foreign commerce is considered to be in violation of the Foreign Commerce Clause.
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15
Which of the following statements is true of the Treaty Clause?
A) It provides that the president can make treaties of his own accord, autonomously.
B) It provides that the president can enter into treaties with the approval of the two-thirds of the senate.
C) It provides that the states have exclusive power to regulate internal and foreign affairs.
D) It provides that the federal government has supremacy over the state in matters of international trade.
A) It provides that the president can make treaties of his own accord, autonomously.
B) It provides that the president can enter into treaties with the approval of the two-thirds of the senate.
C) It provides that the states have exclusive power to regulate internal and foreign affairs.
D) It provides that the federal government has supremacy over the state in matters of international trade.
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16
The ________ is an international organization created by a multilateral treaty in 1945 to promote social and economic cooperation among nations and to protect human rights.
A) United Nations
B) League of Nations
C) General Agreement on Tariffs and Trade
D) World Trade Organization
A) United Nations
B) League of Nations
C) General Agreement on Tariffs and Trade
D) World Trade Organization
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17
Under the Treaty Clause, ________ is seen as the agent of the United States in dealing with foreign countries.
A) the Secretariat
B) the president
C) the United Nations
D) the deputy secretary
A) the Secretariat
B) the president
C) the United Nations
D) the deputy secretary
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18
The Treaty Clause of the U.S. Constitution designates the president of the United States as its agent to deal with foreign affairs.
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19
Treaties sponsored by international organizations like the United Nations are known as ________.
A) arraignments
B) abjections
C) amendments
D) conventions
A) arraignments
B) abjections
C) amendments
D) conventions
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20
If a state enacts a law that increases its tax on imported automobiles but not on American-made automobiles, the tax violates the ________ of the U.S. Constitution.
A) Equal Protection Clause
B) Foreign Commerce Clause
C) Supremacy Clause
D) Due Process Clause
A) Equal Protection Clause
B) Foreign Commerce Clause
C) Supremacy Clause
D) Due Process Clause
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21
Which of the following is true of the International Monetary Fund (IMF)?
A) The IMF is a federal body that consists of representatives of all the states and federal experts of the United States.
B) The IMF is funded from the Superfund created by the Comprehensive Environmental Response, Compensation, and Liability Act.
C) The IMF is an autonomous agency of the United Nations which promotes sound monetary, fiscal, and macroeconomic policies worldwide.
D) The IMF is responsible for providing one-time grants to needy countries with no terms and conditions attached to the assistance.
A) The IMF is a federal body that consists of representatives of all the states and federal experts of the United States.
B) The IMF is funded from the Superfund created by the Comprehensive Environmental Response, Compensation, and Liability Act.
C) The IMF is an autonomous agency of the United Nations which promotes sound monetary, fiscal, and macroeconomic policies worldwide.
D) The IMF is responsible for providing one-time grants to needy countries with no terms and conditions attached to the assistance.
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22
A nation can seek redress on behalf of an individual or a business that has a claim against another country in the International Court of Justice.
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23
Which of the following statements is true of the International Court of Justice?
A) It is the executive branch of the United Nations (UN) that helps interpret international law.
B) It only hears cases of nations, and not of individuals and businesses.
C) It does not have the authority to hear cases involving treaties and the UN Charter.
D) It is headed by the secretary-general of the United Nations.
A) It is the executive branch of the United Nations (UN) that helps interpret international law.
B) It only hears cases of nations, and not of individuals and businesses.
C) It does not have the authority to hear cases involving treaties and the UN Charter.
D) It is headed by the secretary-general of the United Nations.
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24
The European Union Commission has negligible authority to enact legislations and take enforcement actions compared to the European Union (EU).
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25
The World Bank is ________.
A) an autonomous agency under the aegis of the European Union
B) an agency that monitors the financial collaborations taking place in the eurozone
C) primarily responsible for promoting sound monetary, fiscal, and macroeconomic policies worldwide
D) primarily responsible for providing money to developing countries to fund projects for humanitarian purposes
A) an autonomous agency under the aegis of the European Union
B) an agency that monitors the financial collaborations taking place in the eurozone
C) primarily responsible for promoting sound monetary, fiscal, and macroeconomic policies worldwide
D) primarily responsible for providing money to developing countries to fund projects for humanitarian purposes
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26
________ is a regional international organization that comprises many countries of Western and Eastern Europe and was created to promote peace and security as well as economic, social, and cultural development.
A) The European Economic Community
B) The Common Market
C) The North Atlantic Treaty Organization
D) The European Union
A) The European Economic Community
B) The Common Market
C) The North Atlantic Treaty Organization
D) The European Union
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27
Under the European Union, customs duties have been eliminated among member nations.
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28
The secretary-general of the United Nations (UN) is elected by the Security Council.
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29
What is the World Bank? What is its function?
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30
The ________ is a treaty that has removed or reduced tariffs, duties, quotas, and other trade barriers among the United States, Canada, and Mexico.
A) Free Trade Area of the Americas Treaty
B) North American Free Trade Agreement
C) Central America Free Trade Agreement
D) General Agreement on Tariffs and Trade
A) Free Trade Area of the Americas Treaty
B) North American Free Trade Agreement
C) Central America Free Trade Agreement
D) General Agreement on Tariffs and Trade
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31
The United Nations is charged to take enforcement actions to ensure member compliance with the European Union.
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32
The International Monetary Fund is an exclusive organization set up to primarily help the member nations of the Security Council.
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33
The euro can only be used in countries that are part of the eurozone.
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34
The International Court of Justice is composed of 15 judges who serve nine-year terms.
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35
The United Nations (UN) Security Council is composed of all UN member nations.
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36
The International Monetary Fund is an autonomous agency that is a part of the United Nations (UN).
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37
The United Nations (UN) does not allow permanent membership of the Security Council to any member nation.
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38
The United Nations (UN) Secretariat is headed by the secretary-general of the UN.
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39
Which of the following statements is true of the European Union (EU)?
A) All issues have to be passed unanimously by the EU members to be enforced.
B) Every country in the European Union has adopted the euro as its monetary unit.
C) Customs duties have been removed among member nations of the European Union.
D) Custom tariffs have been removed for trade between the EU and the rest of the world.
A) All issues have to be passed unanimously by the EU members to be enforced.
B) Every country in the European Union has adopted the euro as its monetary unit.
C) Customs duties have been removed among member nations of the European Union.
D) Custom tariffs have been removed for trade between the EU and the rest of the world.
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40
Individuals and businesses can directly approach the International Court of Justice for cases involving international contracts.
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41
________ is a clause in an international contract that designates which nation's court has jurisdiction to hear a case arising out of the contract.
A) A forum-selection clause
B) The Treaty Clause
C) The Foreign Commerce Clause
D) A choice of law clause
A) A forum-selection clause
B) The Treaty Clause
C) The Foreign Commerce Clause
D) A choice of law clause
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42
How are disputes settled in the World Trade Organization (WTO)? What are the different WTO bodies that handle disputes?
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43
What are the implications of the North American Free Trade Agreement (NAFTA) treaty?
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44
The World Trade Organization (WTO) appellate body hears appeals that are limited to issues of law, not fact.
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45
Ecuador, Algeria, and the United Arab Emirates are members of the ________.
A) North American Free Trade Agreement
B) Dominican Republic-Central America Free Trade Agreement
C) Association of Southeast Asian Nations
D) Organization of the Petroleum Exporting Countries
A) North American Free Trade Agreement
B) Dominican Republic-Central America Free Trade Agreement
C) Association of Southeast Asian Nations
D) Organization of the Petroleum Exporting Countries
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46
________ is a clause in an international contract that designates which nation's laws will be applied in deciding a dispute arising out of the contract.
A) The Equal Protection Clause
B) The Supremacy Clause
C) A forum-selection clause
D) A choice of law clause
A) The Equal Protection Clause
B) The Supremacy Clause
C) A forum-selection clause
D) A choice of law clause
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47
The World Trade Organization (WTO) was created as a successor to the General Agreement on Tariffs and Trade (GATT).
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48
The Association of Southeast Asian Nations (ASEAN) was created as a treaty among the oil-producing countries of Asia.
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49
The Organization of the Petroleum Exporting Countries (OPEC) sets quotas on the output of oil production by its individual member nations.
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50
The World Trade Organization (WTO) panel adopts a panel report and issues remedies if a violation is found.
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51
Which of the following replaced the General Agreement on Tariffs and Trade (GATT)?
A) the World Bank
B) the World Trade Organization
C) the International Monetary Fund
D) the North American Free Trade Agreement
A) the World Bank
B) the World Trade Organization
C) the International Monetary Fund
D) the North American Free Trade Agreement
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52
The Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) forbids its member nations to enter into treaties with countries in Central America that are not part of the DR-CAFTA.
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53
The ________ has jurisdiction to enforce the most important and comprehensive trade agreements in the world among its 160 member nations and customs territories.
A) World Trade Organization
B) International Monetary Fund
C) North American Free Trade Agreement
D) General Agreement on Tariffs and Trade
A) World Trade Organization
B) International Monetary Fund
C) North American Free Trade Agreement
D) General Agreement on Tariffs and Trade
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54
Which of the following statements is true of the North American Free Trade Agreement (NAFTA)?
A) It allows a member country to reimpose tariffs if imports are hurting that country's economy or its workers.
B) It disallows any special protection being extended to specific industries.
C) It disallows NAFTA members from trading with other countries unless a unanimous vote is obtained.
D) It has been hailed by economists to be a perfect example of a free trade pact.
A) It allows a member country to reimpose tariffs if imports are hurting that country's economy or its workers.
B) It disallows any special protection being extended to specific industries.
C) It disallows NAFTA members from trading with other countries unless a unanimous vote is obtained.
D) It has been hailed by economists to be a perfect example of a free trade pact.
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55
In case of a breach of trade agreements of the World Trade Organization (WTO), which of the following WTO bodies first hears the dispute?
A) a WTO panel
B) a WTO Appellate Body
C) the WTO dispute settlement body
D) the WTO General Council
A) a WTO panel
B) a WTO Appellate Body
C) the WTO dispute settlement body
D) the WTO General Council
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56
The World Trade Organization (WTO) dispute settlement body is the first body to hear a settlement dispute between member nations.
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57
The North American Free Trade Agreement (NAFTA) is a bilateral treaty between the United States and Mexico.
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58
The North American Free Trade Agreement (NAFTA) includes special protection for favored industries that have a lot of lobby muscle.
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59
What is the role of the WTO dispute settlement body?
A) to hear appeals on decisions made on a dispute
B) to create panel reports on the findings of the dispute
C) to hear the dispute from the plaintiff
D) to review panel reports and adopt them if necessary
A) to hear appeals on decisions made on a dispute
B) to create panel reports on the findings of the dispute
C) to hear the dispute from the plaintiff
D) to review panel reports and adopt them if necessary
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60
Indonesia, Vietnam, Thailand, and the Philippines are members of the ________.
A) Organization of the Petroleum Exporting Countries
B) Association of Southeast Asian Nations
C) Dominican Republic-Central America Free Trade Agreement
D) North American Free Trade Agreement
A) Organization of the Petroleum Exporting Countries
B) Association of Southeast Asian Nations
C) Dominican Republic-Central America Free Trade Agreement
D) North American Free Trade Agreement
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61
What does the act of state doctrine assert?
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62
The canons of Christian faiths provide rules for believers to follow in living their lives and professing their faith.
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63
The Foreign Sovereign Immunities Act (FSIA) strictly states that a foreign country is not immune to lawsuits in U.S. courts under any circumstances.
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64
The Code of Canon Law of 1983 stipulates the code of conduct to be followed by all Christians around the world.
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65
The act of state doctrine allows the citizen of one country to bring a lawsuit in that country against a law prevalent in another.
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66
The classical Hindu law was based on ________.
A) civil codes
B) court decisions
C) the works of private scholars
D) the canons called Torahs
A) civil codes
B) court decisions
C) the works of private scholars
D) the canons called Torahs
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67
Throughout Christianity, divine and natural laws have been issued in the form of ________.
A) edicts
B) conventions
C) adjurations
D) canons
A) edicts
B) conventions
C) adjurations
D) canons
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68
A choice of law clause is a mandatory clause that should be present in every international contract.
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69
The ________ prescribes comprehensive and integrated rules of religious, political, and legal life that together form Jewish thought.
A) Shari'a
B) Torah
C) dharmasastra
D) riba
A) Shari'a
B) Torah
C) dharmasastra
D) riba
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70
Which of the following is true of the Islamic law of Shari'a?
A) The Shari'a disallows making a reasonable profit from the sale of goods and services.
B) All Islamic countries strictly follow the Shari'a to govern all aspects of life.
C) The Shari'a encourages riba through the strict payment and collection of interest on loans within stipulated periods of time.
D) The Shari'a is primarily used in the areas of marriage; divorce; inheritance; and, to a limited degree, criminal law.
A) The Shari'a disallows making a reasonable profit from the sale of goods and services.
B) All Islamic countries strictly follow the Shari'a to govern all aspects of life.
C) The Shari'a encourages riba through the strict payment and collection of interest on loans within stipulated periods of time.
D) The Shari'a is primarily used in the areas of marriage; divorce; inheritance; and, to a limited degree, criminal law.
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71
Which of the following statements is true of the canons of Christian faith?
A) The Code of Canon Law produced in 1917 is followed by all sects of Christianity today.
B) The Code of Canon Law regulates the conduct of the Church but fails to govern the actions of individual Catholics.
C) The Orthodox churches treat their canons more as guidelines than as laws.
D) The canons remain silent on the legal measures guiding marriage or inheritance.
A) The Code of Canon Law produced in 1917 is followed by all sects of Christianity today.
B) The Code of Canon Law regulates the conduct of the Church but fails to govern the actions of individual Catholics.
C) The Orthodox churches treat their canons more as guidelines than as laws.
D) The canons remain silent on the legal measures guiding marriage or inheritance.
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72
By default, a case involving an international dispute is prosecuted only in ________.
A) the International Court of Justice
B) a court in the defendant's country
C) a court in the plaintiff's country
D) the World Trade Organization dispute settlement body
A) the International Court of Justice
B) a court in the defendant's country
C) a court in the plaintiff's country
D) the World Trade Organization dispute settlement body
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73
Which of the following is codified in the Foreign Sovereign Immunities Act?
A) the act of state doctrine
B) the principle of restricted immunity
C) the Supremacy Clause
D) the choice of forum clause
A) the act of state doctrine
B) the principle of restricted immunity
C) the Supremacy Clause
D) the choice of forum clause
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74
The United States follows the principle of restricted immunity for suits against foreign nations.
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75
Rabbinic jurisprudence is administered by rabbi-judges sitting as the Beis Din.
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76
Which of the following is an exception to the Foreign Sovereign Immunities Act?
A) the sham exception
B) the managed trade exception
C) the diversity of citizenship exception
D) the commercial activity exception
A) the sham exception
B) the managed trade exception
C) the diversity of citizenship exception
D) the commercial activity exception
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77
Which of the following is a provision under the Foreign Sovereign Immunities Act?
A) It stipulates the rules for conflict resolution between the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) members.
B) It endows the president with powers to enter into treaties with foreign nations.
C) It exclusively governs suits against foreign nations in the United States.
D) It regulates commerce between the United States and foreign nations.
A) It stipulates the rules for conflict resolution between the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) members.
B) It endows the president with powers to enter into treaties with foreign nations.
C) It exclusively governs suits against foreign nations in the United States.
D) It regulates commerce between the United States and foreign nations.
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78
A forum-selection clause designates which nation's court has jurisdiction to hear a case arising out of a contract.
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79
________ is a rule which states that judges of one country cannot question the validity of an act committed by another country within that other country's borders.
A) The doctrine of sovereign immunity
B) The act of state doctrine
C) The Colgate doctrine
D) The Noerr doctrine
A) The doctrine of sovereign immunity
B) The act of state doctrine
C) The Colgate doctrine
D) The Noerr doctrine
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80
The Islamic law (or Shari'a) encourages levying interest on loans.
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