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Home » Business Law » Page 1558

Business Law

Q: A conspiracy is a formal agreement for criminal purposes.

Q: A person may be convicted of conspiracy even if he or she did not know all the details of the unlawful scheme.

Q: A person can be charged with conspiracy even if the individual becomes involved after the conspiracy is stopped and the criminal conduct does not occur.

Q: The Sixth Amendment gives the right to a speedy jury trial in a criminal matter.

Q: The right to a jury trial does not extend to state juvenile court proceedings.

Q: The right to an attorney exists in any cases where incarceration is a possible punishment.

Q: Courts do not allow individuals to be tried twice by the same governmental entity for the same crime based on the same factual situation.

Q: The double jeopardy law prohibits two trials in cases when an illegal activity has violated both federal and state laws.

Q: The Fifth Amendment right against self-incrimination does not protect the accused from being compelled to produce real or physical evidence.

Q: The protection against compulsory self-incrimination applies to corporations, including professional corporations and partnerships.

Q: In a criminal trial, when a defendant is found innocent, the prosecution always has the right to a second trial.

Q: The Bill of Rights was passed because of concern over the power given to a central government, at the expense of the individual citizen, by the Constitution.

Q: A city building inspector, inspecting for building code violations, must obtain a search warrant if the owner of the premises objects to the search.

Q: To protect individual citizens, courts have held that police officers making an arrest need a search warrant to search that person and the immediate area around that person for weapons.

Q: Mere silence can invoke Miranda protections.

Q: Employees of some businesses do not have Fourth Amendment protections because of public policy considerations.

Q: Once a grand jury is convened, all members must be present to hear evidence and vote on cases.

Q: The grand jury attempts to determine that a probable cause exists to believe that the accused committed the crime.

Q: A defendant might plead nolo contender to avoid a criminal conviction being used as a basis for a civil suit.

Q: Briefly explain what is the doctrine of sovereign immunity?

Q: The classification of crime is based on the punishment imposed in the event of a conviction of the alleged crime.

Q: Misdemeanors are punishable by a mandatory jail sentence of 12 months.

Q: Felony cases are commenced with the filing of an information, and misdemeanors are usually commenced with an indictment.

Q: What are some of the advantages of the arbitration of international disputes?

Q: Discuss the concept of a joint venture.

Q: What is the purpose and application of the Alien Torts Claims Act and how is it applied?

Q: What must a plaintiff do, according to the Supreme Court, in order to sue a foreign firm in the United States?

Q: Discuss the advantages of the Convention on the International Sale of Goods.

Q: What is NAFTA?

Q: Describe a common method to obtain payment from a buyer in the international sale of goods.

Q: What are the advantages of a licensing arrangement for an international business?

Q: What is a franchise?

Q: What are the reasons for a company to create a foreign subsidiary in a host country?

Q: Discuss the Agreement on Trade-Related Aspects of Intellectual Property Rights.

Q: What are the major institutions of the European Union?

Q: What effect has the International Court of Justice had on settling international disputes?

Q: Discuss the International Court of Justice in brief.

Q: Discuss the primary goals of the United Nations.

Q: The U.S. Export Control and Related Border Security Assistance Program, in order to control the export of technology flowing into dangerous hands, has issued three "red flags" that exporters should be aware of. Identify and discuss these "red flags".

Q: International law is generally classified as either public or private international law. Compare and contrast these two types.

Q: Explain what is expropriation and nationalization.

Q: What is the modern traditional theory of expropriation, and what are the problems associated with it?

Q: What are the criticisms the FCPA faces for its strict prohibition of American businesses bribing officials of other countries?

Q: Discuss the role of intermediaries under the FCPA.

Q: What are the current penalties for violation of the Foreign Corrupt Practices Act?

Q: How have U.S. businesses enhanced their business position with foreign countries without paying bribes and violating the Foreign Corrupt Practices Act?

Q: The World Intellectual Property Organizations Arbitration and Mediation Center hears cases involving: B. sovereign immunity. C. international trademark and trade secret. domain name and cybersquatting. The World Intellectual Property Organization (WIPO) Arbitration and Mediation Center hears cases involving domain name disputes and cybersquatting.

Q: The Foreign Sovereign Immunities Act codified which of the following? A. Foreign governments cannot be sued under any cause of action within the United States. B. Foreign governments can be sued for most causes of action except when participating in commercial acts. C. Foreign governments cannot be sued for most causes of action but can be sued when participating in commercial acts. D. Sovereign immunity was abolished making foreign governments liable for all acts committed within the United States, whether commercial or not. E. Sovereign immunity held that governments could be held liable for nationalization of assets.

Q: The Foreign Sovereign Immunities Act ______: A. codifies the modern-traditional theory of trade and tariffs. B. provides immunity for private acts. C. rejects immunity for commercial acts carried on in the countries trading with the U.S. D. provides immunity for commercial acts having direct effects in the U.S. E. rejects immunity for commercial acts carried on in the U.S.

Q: To sue a foreign firm in the United States, the plaintiff must: A. establish maximum contacts between the foreign defendant and the forum court. B. demonstrate that exercise of personal jurisdiction over the defendant will be ineffective. C. comply with the terms of the Hague Service Convention when serving notice of the lawsuit. D. comply with the terms of the Convention of International Sale of Goods when filing a lawsuit. E. establish legal representation in the area of personal jurisdiction.

Q: Which of the following is true concerning the arbitration of international disputes? A. Arbitration is not widely practiced and, hence, is not an easily available option. B. Arbitration creates more publicity than litigation. C. Arbitration is complex alternative for the parties involved. D. Arbitration can be compelled, where previously agreed upon by the parties. E. Arbitration has been proven to have limited effectiveness concerning international disputes.

Q: Which of the following is true of a joint venture? A. It takes place when a domestic firm may choose to grant a foreign firm the means to produce and sell its product. B. It takes place when a company launches another company which it partially or completely owns in a foreign country. C. It takes place when a company designates a national firm or individual of the host country as its legal representative. D. It takes place when a company invests in a country by engaging in business with an entity from that country. E. It takes place when a company merges with a company from the host country.

Q: The _____ grants jurisdiction to U.S. federal district courts over "any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." A. Federal Torts Act B. Alien Tort Claims Act C. Foreign Tort Claims Act D. International Tort Act E. Tort Claims in International Trade Act

Q: Under the doctrine of sovereign immunity, the foreign sovereign claims to be immune from suit entirely based on _____. A. its status as a commercial center. B. its membership with the World Trade Organization. C. its status as a state. D. its political and economic conditions. E. its commercial acts.

Q: _____ is defined as the supreme, absolute, and uncontrollable power by which any state is governed. A. Sovereignty B. Government C. Integrity D. Fraternity E. Federation

Q: In many cases, the only legal or political means a firm has to invest directly in a foreign country is to engage in _____, with an entity from the host country. A. a foreign subsidiary arrangement B. a franchise agreement C. a license contract D. a merger E. a joint venture

Q: Grimmy Fast Food Ltd., located in New York, grants Truffle Eateries, a chain of restaurants in Paris, permission to produce and sell Grimmy's famous pizzas. Truffle will launch Grimmy's in Paris and sell the products. This is an example of which of the following? A. Foreign subsidiary B. Direct foreign investment C. Sovereign immunity D. Franchise E. International trade

Q: Which of the following is a reason a firm may enter a licensing agreement? A. Licensing allow firms to enter a foreign market without direct foreign investments. B. A firm enters a licensing agreement to expand once it has substantial capital. C. Licensing is the next step a firm must take, after it has established sufficient research and development. D. Licensing is a technique that firms use when applying management skills and marketing strategies. E. Licensing agreement is a risk free method to expand in foreign markets.

Q: Which of the following is true of a foreign subsidiary? A. A foreign subsidiary has fewer formalities in its creation and operation. B. A foreign subsidiary allows the parent company to have greater control. C. A foreign subsidiary is one of the cost-effective ways to expand business in foreign markets. D. A foreign subsidiary must be a national of the host country. E. A foreign subsidiary is a risk-free alternative that most corporations adopt for global expansion.

Q: The _____ provides for a dispute settlement mechanism that makes it easier to resolve trade disputes between the United States, Mexico, and Canada. A. Convention on the International Sale of Goods B. North American Free Trade Agreement C. Central America-Dominican Republic Free Trade Agreement D. Foreign Corrupt Practices Act E. General Agreement on Tariffs and Trade

Q: Transactions using _____ involve, in addition to a seller and buyer, an issuing bank in the buyer's country. A. a bill of lading B. a bill of exchange C. an irrevocable promissory note D. a negotiable instrument E. an irrevocable letter of credit

Q: When a buyer receives a receipt from a carrier stating that the goods ordered have been shipped to the designated place for delivery, the receipt is called _____. A. an irrevocable letter of credit B. a bill of exchange C. a bill of lading D. an identity note E. a promissory note

Q: Which type of a contract can be adopted in case of a domestic firm granting a foreign firm the means to produce and sell its product? A. Transfer contract B. Franchise contract C. Promotion contract D. Foreign investment contract E. Foreign subsidiary contract

Q: Which of the following is true of licensing arrangements? A. Licensing requires international businesses to make direct foreign investment to enter foreign markets. B. Licensing often is used by firms as an expansion technique in the domestic market. C. Licensing agreements must follow the local laws where they operate. D. Licensing agreements are governed by international trade and business laws. E. Licensing technology requires substantial capital to expand a company's market.

Q: _____ decides the nature and parameters of EU law. A. The Parliament B. The Commission C. The Court of Justice D. The Council E. The Council of Ministers

Q: Which of the following is true of the Convention on the International Sale of Goods? A. It outlines standard international practices for the sale of goods. B. It encourages international trade by maintaining stable foreign exchange rates. C. It promotes economic development in poor countries by making loans to finance necessary development projects and programs. D. It ascertains what public international law is. E. It grants jurisdiction to U.S. federal district courts over "any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States."

Q: With respect to the sale of goods, which of the following is true as per the CISG? A. All contracts for the sale of goods must be written. B. All contracts for the sale of goods must be in the oral form. C. Contracts for the sale of goods need not be in writing. D. The parties should sign the contract in the presence of attorneys. E. Contracts concerning sale of goods above $500 must be in writing.

Q: Which of the following is a major institution of the European Union? A. The Secretary Council B. The International Court of Justice C. The Council of Members D. The House of Representatives E. The Council of Ministers

Q: ______ opened up many opportunities for business between Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, the Dominican Republic, and the United States. A. North America Free Trade Agreement B. Central America- Dominican Republic Free Trade Agreement C. U.S.-Colombia Free Trade Agreement D. Uruguay Round Agreements E. Convention on the International Sale of Goods

Q: The _____ encourages international trade by maintaining stable foreign exchange rates and works closely with commercial banks to promote orderly exchange policies with members. A. World Bank B. World Trade Organization C. General Agreement in Tariffs and Trade D. International Monetary Fund E. Convention on International Sale of Goods

Q: In 1994, the Uruguay Round incorporated all of the following principles from the General Agreement on Tariffs and Trades except: A. equalization of import quotas. B. national treatment. C. non-discrimination. D. elimination of trade barriers. E. reducing tariffs.

Q: Which of the following is true of the Commission of the European Union? A. It coordinates the policies of the member states in a variety of areas from economics to foreign affairs. B. It is composed of elected representatives from each member state. C. It plays an active role in drafting legislation that has an impact on the daily lives of its citizens. D. It has joint power with the Council over the annual budget of the European Union. E. It consists of individuals who represent the will and interests of the entire EU, rather than specific national concerns.

Q: The Charter of the United Nations sets forth as its primary goal: A. combating corruption and corrupt practices in other countries. B. providing individual measures for the prevention and removal of threats to peace. C. ensuring that justice is delivered at all levels in all member countries. D. implementing a just and fair international law that guides international commercial transactions. E. eradicating cyber-squatting and criminal practices involving the Internet, in all member countries.

Q: The World Trade Organization was created as a result of the: A. Geneva Convention. B. Uruguay Round. C. Bretton-Woods Conference. D. Asian-Pacific Round. E. Convention of International Sale of Goods

Q: Which of the following statements is true of sources of international law? A. Public international law examines relationships between businesses. B. Public international law uses rules that are binding on all countries in the international community. C. Private international law examines relationships created by private individuals. D. Private international law utilizes U.S. law to resolve international business disputes. E. Public international law examines the relationships between different populations.

Q: The International Court of Justice is also called the: A. World Court. B. Supreme World Court. C. World Chancery Court. D. Court of International Acclaim. E. World Trade Court.

Q: Which of the following is true of the International Court of Justice? A. Private parties and corporations have access to the court and can directly present their claims. B. Using legal devices, firms and individuals can compel the U.S. government to press claims on their behalf before the Court. C. Only countries that have submitted to the Court's jurisdiction may be parties. D. The Court has enforcement authority and does not rely on diplomacy or economic sanctions against countries. E. It is compulsory for all countries to accept the Court's jurisdiction, whether or not the use of the Court suits their interests.

Q: The International Court of Justice: A. is made up of nine judges. B. allows all nations to initiate a case before it. C. hears cases of countries that have submitted to the Court's jurisdiction. D. can render opinions only when faced with an actual case. E. has been a major force in settling disputes since it began functioning.

Q: Infractions of international law are most frequently settled by: A. diplomacy. B. formal charges. C. economic sanctions. D. ICJ decision. E. penalties and damages.

Q: Which of the following is a risk involved with regard to the sale of U.S. strategic products and technology abroad? A. Import controls B. Material controls C. Export controls D. Sales controls E. Transaction controls

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