Q&A Hero

Q: ______ are punishable by a fine or jail sentence of less than one year. A. Felonies B. Conspiracies C. Larcenies D. Misdemeanors E. Embezzlements

Q: Which of the following refers to nolo contendere? A. guilty B. double jeopardy C. not guilty D. larceny E. no contest

Q: In accordance with the sentencing guidelines, federal judges are not allowed to decide for themselves if the defendants deserve sentences longer or shorter than the ranges in the guidelines.

Q: Recent trends suggest an increase in prosecution of white-collar criminals and legislative efforts to protect the public from fraud.

Q: Which of the following statements is true of a white-collar crime? A. It is usually committed for personal financial gain. B. It predominantly involves heavy use of violence and physical force. C. It excludes criminals of high socioeconomic status. D. It is based on personal revenge rather than material or property gains. E. It predominantly applies to offenses that occur outside a business or a professional setting.

Q: An insured bank is one whose deposits are insured by the Federal Deposit Insurance Corporation.

Q: Stealing company property such as vehicles or computers is a form of larceny.

Q: A person in a private civil action found to have violated the Racketeer Influenced and Corrupt Organizations Act (RICO) is liable for treble, or triple, damages as well as for costs and attorneys fees.

Q: Unsuccessful concealment can be used as a defense in the case of a bankruptcy crime.

Q: The essence of a conspiracy offense is the making of the agreement itself without the commission of any overt act.

Q: A formal agreement among members is necessary in a crime involving conspiracy.

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

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

Q: In a case of fraud, the government must prove actual reliance upon the defendants misrepresentation.

Q: Courts allow individuals to be tried twice by the same governmental entity for the same crime based on the same factual situation.

Q: In civil law, the doctrine of res judicata bars subsequent civil actions involving the same parties, claims, demands, or causes of action.

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

Q: The jurys perspective on facts is used in preference to the professional, or perhaps biased, response of a judge.

Q: The right to a jury trial extends to state juvenile court proceedings.

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

Q: In a criminal trial, when a defendant is found not guilty, the prosecutor is required to request a second trial from the judge (or jury).

Q: The only business protected by the Fifth Amendment privilege against compulsory self-incrimination is a sole proprietorship.

Q: The Fifth Amendment protects 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: The Bill of Rights was passed because of the concern that too much power was given to a central government by the Constitution at the expense of the individual citizen.

Q: Exigent circumstances justify a warrantless search when the exigency is created or manufactured by the police.

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

Q: The Securities and Exchange Commission (SEC) can use confidential reports obtained in the course of its routine operations to establish a violation of federal law.

Q: Mere silence can invoke Miranda protections.

Q: In the context of criminal intent, knowledge can be easily established by demonstrating that the accused was negligent, careless, or foolish.

Q: The grand jury attempts to determine if the accused is guilty of a crime.

Q: Once a grand jury is convened, not more than ten members must be present to hear evidence and vote on cases.

Q: Defense counsel is not allowed to accompany a witness before a grand jury.

Q: Grand jurors may subpoena business records.

Q: Misdemeanors are punishable by a mandatory jail sentence of 18 months.

Q: Felony cases are commenced with the filing of an information, and misdemeanors are commenced by a grand jury indictment.

Q: The plea nolo contendere allows sentencing just as if the defendant pleaded guilty or was found guilty.

Q: White-collar crimes are largely dependent on the threat of physical force or violence.

Q: Felonies are punishable by fine or imprisonment in a penitentiary for a period of one year or more.

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

Q: What is the primary requirement of the Hague Service Convention?

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

Q: Briefly explain the doctrine of sovereign immunity?

Q: Briefly discuss the concept of a joint venture.

Q: What is the purpose and application of the Alien Tort Statute and how is it applied?

Q: Briefly 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: What are the General Agreement on Tariffs and Trade principles from the 1994 Uruguay Round?

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

Q: Discuss the positive impact of the Convention on the International Sale of Goods.

Q: Briefly discuss the North American Free Trade Agreement.

Q: What is the purpose of the International Monetary Fund and the World Bank?

Q: Briefly describe the Council of Ministers and the Commission of the European Union.

Q: Briefly describe the Parliament and the Court of Justice of the European Union.

Q: What are the reasons for the widespread reluctance to resort to the International Court of Justice as a forum for resolving international disputes?

Q: Briefly explain why most international contracts contain choice of law.

Q: What is the primary goal of the United Nations?

Q: What are the red flags that exporters should be aware of according to the U.S. Export Control and Related Border Security Assistance Program?

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

Q: Briefly explain expropriation in the context of international law.

Q: What is the purpose of the Wassenaar Arrangement?

Q: What are the criticisms faced by the Foreign Corrupt Practices Act?

Q: What is the Foreign Corrupt Practices Acts stance on corrupt payments through intermediaries?

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

Q: What types of payments are permissible under the Foreign Corrupt Practices Act?

Q: How did the Kiobel v. Royal Dutch Petroleum decision affect the legal landscape? A. It eliminated the need for arbitration for international trade disputes. B. It allowed individuals to sue foreign firms in the United States. C. It allowed individuals to represent themselves in the World Court. D. It reduced the difficulty of litigating human rights claims using the Alien Tort Statute. E. It allowed U.S. companies to impose export controls using 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. D. domain name and cybersquatting. Answer: D Feedback: The World Intellectual Property Organization (WIPO) Arbitration and Mediation Center hears cases involving domain name disputes and cybersquatting. The Uniform Domain Name Dispute Resolution Policy (UDRP) went into effect in 1999.

Q: Which of the following is most likely to be considered immune from suit under the Foreign Sovereign Immunities Act? A. a privatization of assets B. sovereign acts C. a nationalization of assets D. commercial acts carried on in the United States E. commercial acts having direct effects in the United States

Q: Which of the following statements is true of the Foreign Sovereign Immunities Act? A. It codifies the modern traditional theory of trade and tariffs. B. It provides immunity for private acts. C. It rejects immunity for commercial acts carried on in the countries trading with the United States. D. It provides immunity for commercial acts having direct effects in the United States. E. It rejects immunity for commercial acts carried on in the United States.

Q: To sue a foreign firm in the United States, a plaintiff must A. establish maximum contacts between a foreign defendant and the forum court. B. demonstrate that exercise of personal jurisdiction over a defendant will be ineffective. C. comply with the terms of the Hague Service Convention when serving notice of a 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 organizations provides arbitration services for international disputes? A. The United Nations Commission on International Trade Law B. The Coordinating Committee for Multilateral Export Controls C. The Hague Service Convention D. The World Bank E. The International Chamber of Commerce

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 Tort Statute B. Alien Tort Statute C. Foreign Tort Claims Act D. International Tort Statute 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 its ______. A. status as a commercial center B. membership with the World Trade Organization C. status as a state D. political and economic conditions E. commercial acts

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

Q: The Hague Service Convention is a treaty that was formulated to A. provide foreign subsidiaries with fewer formalities in their creation and operation. B. allow the parent companies of foreign subsidiaries to have greater control over the subsidiaries. C. make it easier for Central American countries to trade with the Netherlands. D. to assure that defendants sued in foreign jurisdictions would receive actual and timely notice of suit. E. to restrict the service of process abroad in order to reduce the number of lawsuits filed against foreign firms.

Q: Which of the following is an advantage to arbitrating international disputes? A. It allows international disputes to be decided by the World Court. B. It allows U.S. courts to decide on international disputes. C. It prevents the World Trade Organization from getting involved. D. The parties to a dispute can litigate the dispute in a foreign court. E. The parties to a dispute can avoid unwanted publicity.

Q: Which of the following statements is true of licensing arrangements? A. Licensing requires international businesses to make direct foreign investment to enter foreign markets. C. Licensing agreements must follow the local laws where they operate. D. Licensing risks are greater than the risks associated with foreign direct investment. E. Licensing technology requires substantial capital to expand a companys market.

Q: GRM Fast Food Corp., located in New York, grants Truffle Eateries, a chain of restaurants in Paris, permission to produce and sell GRMs famous pizzas. Truffle Eateries will launch GRM in Paris and sell its products. The international business arrangement of GRM Fast Food Corp. is an example of a ______. A. foreign subsidiary B. foreign direct investment C. a turnkey project D. franchise E. direct export