Question 1

If one is trying to determine the correct geographical location of a court that has jurisdiction over a case,he is determining:

Accepted Answer

A)  jurisprudence. 
B)  venue. 
C)  allocation. 
D)  ADR. 
A)  jurisprudence. 
B)  venue. 
C)  allocation. 
D)  ADR.

Question 2

A forum selection clause is:

Accepted Answer

A)  contrary to public policy because it ousts the court of jurisdiction. 
B)  is upheld as long as it is reasonable, negotiated in an arm's length transaction, and absent a compelling reason not to honor it. 
C)  will not be upheld in Japan or the United States. 
D)  is upheld as long as it was voluntary. 
A)  contrary to public policy because it ousts the court of jurisdiction. 
B)  is upheld as long as it is reasonable, negotiated in an arm's length transaction, and absent a compelling reason not to honor it. 
C)  will not be upheld in Japan or the United States. 
D)  is upheld as long as it was voluntary.

Question 3

The Full Faith and Credit Clause of the U.S.Constitution applies to foreign court judgments.

Accepted Answer

A) True 
 B)False

Question 4

A foreign company's first line of defense in litigation in the U.S.is often that they are not subject to the jurisdiction of the courts.

Accepted Answer

A) True 
 B)False

Question 5

Write a position paper advocating that jurisdictional choice of law clauses should not be enforced in international transactions.

Accepted Answer

Position Paper: Jurisdictional Choice of

Question 6

Venue describes the appropriate geographical location of a court with jurisdiction.

Accepted Answer

A) True 
 B)False

Question 7

Many societies view litigation as evidence of personal achievement by the parties.

Accepted Answer

A) True 
 B)False

Question 8

A basis for the non-enforcement of a foreign judgment is the defective service of process or lack of personal jurisdiction.

Accepted Answer

A) True 
 B)False

Question 9

The Due Process clause of the U.S.Constitution requires that before a company can be brought before a court in the U.S.it must have had minimum contacts with the forum.

Accepted Answer

A) True 
 B)False

Question 10

Weigh the benefits and detriments of a business that establishes a global Internet presence.

Accepted Answer

Establishing a global Internet presence

Question 11

Once parties have initiated litigation in the United States,they cannot agree to have the dispute arbitrated.

Accepted Answer

A) True 
 B)False

Question 12

One advantage of arbitration is that the entire case and evidence is not open to the public.

Accepted Answer

A) True 
 B)False

Question 13

If a U.S.company and an Austrian company end up in a dispute about a contract they entered into that contains an arbitration clause,a case brought before a U.S.court would:

Accepted Answer

A)  be heard by the U.S. court since arbitration clauses are not popular with such courts. 
B)  be heard by the U.S. court if the U.S. company can show it will be harmed by arbitration. 
C)  not be heard by the U.S. court because U.S. courts accept arbitration as a form of dispute resolution. 
D)  none of these are correct. 
A)  be heard by the U.S. court since arbitration clauses are not popular with such courts. 
B)  be heard by the U.S. court if the U.S. company can show it will be harmed by arbitration. 
C)  not be heard by the U.S. court because U.S. courts accept arbitration as a form of dispute resolution. 
D)  none of these are correct.

Question 14

If mediation is chosen as a form of dispute resolution,it will be:

Accepted Answer

A)  a mandatory process. 
B)  binding on all the parties. 
C)  a voluntary process. 
D)  not available in international disputes. 
A)  a mandatory process. 
B)  binding on all the parties. 
C)  a voluntary process. 
D)  not available in international disputes.

Question 15

Most countries have broad discovery rules,just like the U.S.,allowing the collection of evidence.

Accepted Answer

A) True 
 B)False

Question 16

In an international dispute,where there is no choice of law and forum the forum,with greatest interest under conflicts of law will have the jurisdiction to hear the dispute.

Accepted Answer

A) True 
 B)False

Question 17

Venue means the appropriate set of laws applicable to a case.

Accepted Answer

A) True 
 B)False

Question 18

The following are all possible organizations that the parties may use to control the arbitration process except the:

Accepted Answer

A)  International Chamber of Commerce. 
B)  American Arbitration Association. 
C)  London Court of International Arbitration. 
D)  International Monetary Fund. 
A)  International Chamber of Commerce. 
B)  American Arbitration Association. 
C)  London Court of International Arbitration. 
D)  International Monetary Fund.

Question 19

In the Bhopal,India,disaster,the Union Carbide subsidiary involved was owned 50.9% by the parent company with headquarters in Connecticut while the other 49.1% was controlled by Indians.The case on behalf of the victims was started in the U.S.The judge dismissed the case saying it should be tried in India because of:

Accepted Answer

A)  venue. 
B)  Rex Nonquam Moritur. 
C)  lack of jurisprudence. 
D)  Forum Non Conveniens. 
A)  venue. 
B)  Rex Nonquam Moritur. 
C)  lack of jurisprudence. 
D)  Forum Non Conveniens.

Question 20

Gertrude Clodfelter,an 80 year old resident of North Dakota,recently filed a lawsuit in Florida against Islander Cruise Company,a Florida corporation,seeking damages as a result of a fall she suffered in the shower during a cruise to the Bahamas.The language in Ms.Clodfelter's ticket provided that "Any and all claims arising from injuries occurring during a cruise shall be filed in and shall be determined pursuant to the laws of the registry of the ship upon which the injury occurred." This language was located in very fine print in Paragraph 66 of Ms.Clodfelter's cruise ticket.The ship upon which Ms.Clodfleter was injured is registered in Panama.Furthermore,at the time of Ms.Clodfelter's purchase of her ticket,a sales agent employed by the cruise line told her: "Don't worry - we're a reputable company,easy to find and located right here in the United States." Finally,Florida has several statutes protecting senior citizens from commercial exploitation.Please explain the provisions of Ms.Clodfelter's ticket.Is this language enforceable? Why or why not?

Accepted Answer

Ms.Clodfelter's ticket contains a forum

If one is trying to determine the correct geographical location of a court that has jurisdiction over a case,he is determining:

A forum selection clause is:

The Full Faith and Credit Clause of the U.S.Constitution applies to foreign court judgments.

A foreign company's first line of defense in litigation in the U.S.is often that they are not subject to the jurisdiction of the courts.

Write a position paper advocating that jurisdictional choice of law clauses should not be enforced in international transactions.

Venue describes the appropriate geographical location of a court with jurisdiction.

Many societies view litigation as evidence of personal achievement by the parties.

A basis for the non-enforcement of a foreign judgment is the defective service of process or lack of personal jurisdiction.

The Due Process clause of the U.S.Constitution requires that before a company can be brought before a court in the U.S.it must have had minimum contacts with the forum.

Weigh the benefits and detriments of a business that establishes a global Internet presence.

Once parties have initiated litigation in the United States,they cannot agree to have the dispute arbitrated.

One advantage of arbitration is that the entire case and evidence is not open to the public.

If a U.S.company and an Austrian company end up in a dispute about a contract they entered into that contains an arbitration clause,a case brought before a U.S.court would:

If mediation is chosen as a form of dispute resolution,it will be:

Most countries have broad discovery rules,just like the U.S.,allowing the collection of evidence.

In an international dispute,where there is no choice of law and forum the forum,with greatest interest under conflicts of law will have the jurisdiction to hear the dispute.

Venue means the appropriate set of laws applicable to a case.

The following are all possible organizations that the parties may use to control the arbitration process except the:

Introduction to International Business

International Law and the World's Legal Systems

The Formation and Performance of Contracts for the Sale of Goods

The Documentary Sale and Terms of Trade

Legal Issues in International Transportation

Bank Collections and Letters of Credit

National Lawmaking Powers and the Regulation of U.S.Trade

The World Trade Organization: Basic Legal Principles

Laws Governing Access to Foreign Markets

Regulating Import Competition and Unfair Trade

Imports,Customs,and Tariff Law

Export Controls and Sanctions

North American Free Trade Law

The European Union

Marketing: Representatives,Advertising,and Anti-Corruption

Protection and Licensing of Intellectual Property

The Legal Environment of Foreign Direct Investment

Labor and Employment Discrimination Law

Environmental Law

Regulating the Competitive Environment

Filters

Exam 3: Resolving International Commercial Disputes

If one is trying to determine the correct geographical location of a court that has jurisdiction over a case,he is determining:

A forum selection clause is:

The Full Faith and Credit Clause of the U.S.Constitution applies to foreign court judgments.

A foreign company's first line of defense in litigation in the U.S.is often that they are not subject to the jurisdiction of the courts.

Write a position paper advocating that jurisdictional choice of law clauses should not be enforced in international transactions.

Venue describes the appropriate geographical location of a court with jurisdiction.

Many societies view litigation as evidence of personal achievement by the parties.

A basis for the non-enforcement of a foreign judgment is the defective service of process or lack of personal jurisdiction.

The Due Process clause of the U.S.Constitution requires that before a company can be brought before a court in the U.S.it must have had minimum contacts with the forum.

Weigh the benefits and detriments of a business that establishes a global Internet presence.

Once parties have initiated litigation in the United States,they cannot agree to have the dispute arbitrated.

One advantage of arbitration is that the entire case and evidence is not open to the public.

If a U.S.company and an Austrian company end up in a dispute about a contract they entered into that contains an arbitration clause,a case brought before a U.S.court would:

If mediation is chosen as a form of dispute resolution,it will be:

Most countries have broad discovery rules,just like the U.S.,allowing the collection of evidence.

In an international dispute,where there is no choice of law and forum the forum,with greatest interest under conflicts of law will have the jurisdiction to hear the dispute.

Venue means the appropriate set of laws applicable to a case.

The following are all possible organizations that the parties may use to control the arbitration process except the:

Introduction to International Business

International Law and the World's Legal Systems

The Formation and Performance of Contracts for the Sale of Goods

The Documentary Sale and Terms of Trade

Legal Issues in International Transportation

Bank Collections and Letters of Credit

National Lawmaking Powers and the Regulation of U.S.Trade

The World Trade Organization: Basic Legal Principles

Laws Governing Access to Foreign Markets

Regulating Import Competition and Unfair Trade

Imports,Customs,and Tariff Law

Export Controls and Sanctions

North American Free Trade Law

The European Union

Marketing: Representatives,Advertising,and Anti-Corruption

Protection and Licensing of Intellectual Property

The Legal Environment of Foreign Direct Investment

Labor and Employment Discrimination Law

Environmental Law

Regulating the Competitive Environment

Filters