Question 1

According to the doctrine of ________, a municipal court will decline to hear a dispute when it can be better or more conveniently settled in a foreign council.

Accepted Answer

The doctrine of forum non conveniens allows a court to dismiss a case when it determines that another court, in a different location, would be a more appropriate venue for the case to be heard. This is often cited when there are issues of convenience, such as when the majority of witnesses or evidence is located in another jurisdiction.

Question 2

How are multinational enterprises regulated by the home state?

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Question 3

________ are laws enacted in some countries to obstruct the extraterritorial application of U.S. antitrust laws by limiting a plaintiff's right to obtain evidence or to enforce a judgment, and that allows a defendant to bring suit locally to recover punitive damages paid in the United States.

Accepted Answer

Blocking statutes are laws enacted in some countries to obstruct the extraterritorial application of U.S. antitrust laws by limiting a plaintiff's right to obtain evidence or to enforce a judgment, and that allows a defendant to bring suit locally to recover punitive damages paid in the United States. Jim Crow statutes were state and local laws in the United States that enforced racial segregation and discrimination against black Americans. Consent decrees are agreements between parties that are approved by a judge and have the force of a court order. Whistleblower statutes are laws that protect employees who report illegal or unethical behavior by their employers.

Question 4

How do the courts determine the members of a common enterprise?

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Question 5

Apart from the long arm statute, what other criteria must a claimant fulfill in order to establish personal jurisdiction requirements of U.S. products liability laws?

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Question 6

Which of the following doctrines excuses an injured claimant who can show that a product was defective when it left the hands of the defendant from having to prove that the defendant caused the defect?

Accepted Answer

The doctrine of res ipsa loquitur excuses an injured claimant who can show that a product was defective when it left the hands of the defendant from having to prove that the defendant caused the defect. The Latin phrase "res ipsa loquitur" means "the thing speaks for itself."

Question 7

Which of the following is the reason why alter ego companies come under the purview of piercing the company veil?

Accepted Answer

Alter ego companies are those that are created to serve as a mere extension or puppet of its parent company. The shareholders of these companies often use the company's assets for personal benefit or to shield themselves from liability. Such actions make it easier to pierce the company veil to hold the shareholders personally liable for the debts and actions of the company. Therefore, option C is the correct answer.

Question 8

Describe a joint venture as a business model.

Accepted Answer

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Question 9

Which of the following describes sharp practices of business?

Accepted Answer

Sharp practices of business refer to unethical and unfair business dealings where the aim is to benefit oneself or one's firm at any cost, even if it involves cheating, lying or breaking the law. Such practices are often frowned upon and may lead to legal and reputational consequences.

B, C and D do not describe sharp practices of business. B refers to a direct exchange between the manufacturer and consumer, which is not necessarily unethical. C and D describe ethical and responsible business practices, which are the opposite of sharp practices.

Question 10

How is the theory of negligence in product liability different in common law states compared to countries that don't follow common law?

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Question 11

State the article in the European Community Treaty that is analogous to Section 2 of the Sherman Act.

Accepted Answer

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Question 12

A legal relationship sufficiently close and direct to support a legal claim on behalf of or against another with whom the relationship exists is referred to as ________.

Accepted Answer

Privity refers to a close and direct legal relationship between parties that allows them to make claims or be subject to claims on behalf of each other. It is a necessary requirement for certain legal actions, such as breach of contract claims. Accommodation refers to providing something for the convenience or comfort of others. Mutual consent refers to an agreement reached by two or more parties. Claim preclusion refers to the doctrine that a claim that has been litigated and finally determined cannot be relitigated between the same parties in a subsequent lawsuit.

Question 13

Discuss the importance of the separate legal identity of juridical entities in business.

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Question 14

Briefly describe the subordinate structures of representative office, an agent, and a branch.

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Question 15

________ is an expression indicating that the legal fiction that a company is a separate legal entity will be set aside and the shareholders of the company will be held liable for its conduct as if they were partners in a partnership.

Accepted Answer

"Pierce the company veil" is the expression used to describe the legal concept of disregarding the separate entity of a company and holding its shareholders personally liable for its actions, similar to a partnership where each partner is personally liable for the actions of the partnership.

Question 16

What are the three tests that are used by the jurisdictional rule of reason in determining jurisdiction in anti-trust cases?

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Question 17

What are the different types of per se violations? How does a court deal with a per se violation?

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Question 18

Which of the following would constitute as an example of negligence per se?

Accepted Answer

Negligence per se refers to the violation of a statute or regulation that results in harm to an individual. In this case, Matt purchasing a refrigerator that does not meet safety requirements would constitute as negligence per se because the safety requirements were established by statute.

Quiz 4: The Multinational Enterprise