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HomeUncategorized Dynamic Business Law 3rd Edition By Nancy K. Kubasek and M. Neil Browne – Test Bank
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Dynamic Business Law 3rd Edition By Nancy K. Kubasek and M. Neil Browne – Test Bank

Chapter 06

International and Comparative Law

 

True / False Questions

1. The terms international law and comparative law do not mean the same thing.

True    False

 

2. When doing business internationally, a foreign sales representative does the same thing as a distributor.

True    False

 

3. A franchise agreement is the same thing as a joint venture.

True    False

 

4. Because ethical issues vary from country to country, international business persons should not take ethical considerations into account in the decision-making process.

True    False

 

5. The General Agreement on Tariffs and Trade became effective in 2000.

True    False

 

6. As understood in the General Agreement on Tariffs and Trade, a subsidy is a government financial contribution that confers a benefit on a specific industry or enterprise.

True    False

 

7. In a multilateral free trade agreement, three or more states agree to reduce and gradually eliminate tariffs and other trade barriers.

True    False

 

8. The United States is not a party to the Central American Free Trade Agreement.

True    False

 

9. The European Union is an example of a customs union.

True    False

 

10. The United States has no bilateral trade agreements.

True    False

 

11. A foreign company that maintains a passive website advertising the company’s services is subject to personal jurisdiction in any state in the U.S. because the website may result in sales in the U.S.

True    False

 

 

Multiple Choice Questions

12. Which of the following best describes the term “comparative law?”

A. It is the study of the legal systems of different states.

 

B. It is the study of the laws governing the conduct of states and international organizations and their relationships with one another.

 

C. It is the study of the difference between public and private law in the United States.

 

D. It is the study of the difference between constitutions and administrative rules and regulations within the United States.

 

E. It is the study of international organizations and their structure.

 

13. A reference to laws governing the conduct of states and international organizations and their relationships with one another is ______.

A. Comparative law

 

B. International law

 

C. Joint law

 

D. Foreign subsidiary law

 

E. Affiliate law

 

14. Which of the following is true regarding international organizations?

A. The United Nations is an international organization, but the International Monetary Fund is not.

 

B. The International Monetary Fund is an international organization, but neither the United Nations nor the International Bank for Reconstruction and Development (World Bank) are international organizations.

 

C. The International Bank for Reconstruction and Development (World Bank) and the International Money Fund are international organizations, but the United Nations is not an international organization.

 

D. The United Nations and the International Monetary Fund are international organizations, but the International Bank for Reconstruction and Development (World Bank) is not.

 

E. The United Nations, the International Monetary Fund, and the International Bank for Reconstruction and Development (World Bank) are all international organizations.

 

15. What has the U.S. Supreme Court held regarding whether U.S. courts must rely on customary international law?

A. The U.S. Supreme Court has held that U.S. courts may disregard customary international law.

 

B. The U.S. Supreme Court has held that even if a governing international agreement says otherwise, a U.S. court must rely on customary international law.

 

C. The U.S. Supreme Court has held that even if a controlling executive act is to the contrary, U.S. courts must rely on customary international law.

 

D. The U.S. Supreme Court has held that regardless of the existence of any legislative act to the contrary, U.S. courts must rely on customary international law.

 

E. The U.S. Supreme Court has held that in the absence of a governing international agreement or controlling executive or legislative act or judicial decision, U.S. courts must rely on customary international law.

 

16. Which of the following is an international agreement?

A. A written agreement made between states governed by international law and relating to international subject matter.

 

B. An agreement that is only between two states, not three or more, relating to an international subject matter.

 

C. An agreement that is made between at least three states regarding an international subject matter.

 

D. A general and consistent practice by states regardless of whether the practice is accepted as law.

 

E. A general and consistent practice by states that is accepted as law.

 

17. A company that sends its products to a foreign marketplace for sale has engaged in ______.

A. Importation

 

B. Subsidization

 

C. Exportation

 

D. Foreign transaction

 

E. Foreign distributing

 

18. An agent who distributes, represents, or sells goods on behalf of a foreign seller is referred to as a[n] ______.

A. Export representative

 

B. Import representative

 

C. Foreign sales representative

 

D. Foreign exportation proponent

 

E. International sales and importation expert

 

19. A[n] _____ purchases goods from a seller for resale in a foreign market and actually takes title to the goods assuming the risk of being unable to resell them.

A. Foreign sales representative

 

B. Distributor

 

C. Licensing agent

 

D. Joint agent

 

E. Affiliate agent

 

20. How does ratification of international agreements occur in the U.S.?

A. Through the advice and consent of two-thirds of the Senate after the president submits the agreement for consideration.

 

B. Through the advice and consent of two-thirds of the House of Representatives after the president submits the agreement for consideration.

 

C. Through the advice and consent of two-thirds of the Senate and two-thirds of the House of Representatives after the president submits the agreement for consideration.

 

D. Through consent of the president.

 

E. Through the consent of the president and the approval of at least half the individual state legislatures.

 

21. _____ prohibits U.S. companies from offering or paying bribes to foreign government officials, political parties, and candidates for office for the purpose of obtaining or retaining business.

A. The Foreign Corrupt Practices Act

 

B. The Foreign Bribery Act

 

C. The Foreign Political Act

 

D. The International Fairness Objective Act

 

E. The International Trade Act

 

22. Which of the following is a tax levied on imported goods?

A. Non-tariff barrier

 

B. Embargo

 

C. Indirect barrier

 

D. Tariff

 

E. Dumping

 

23. Which of the following is true regarding nontariff barriers?

A. Quotas are nontariff barriers, but embargoes are not.

 

B. Embargoes are nontariff barriers, but quotas are not.

 

C. Indirect barriers are nontariff barriers, but quotas and embargoes are not.

 

D. Quotas and embargoes are nontariff barriers, but indirect barriers are not.

 

E. Quotas, embargoes, and indirect barriers are all nontariff barriers.

 

24. Which of the following is a comprehensive multilateral trading system designed to achieve distortion-free international trade through the minimization of tariffs and removal of artificial barriers?

A. The International Agreement on Nontariffs and Trade

 

B. The World Trade Organization Agreement

 

C. The General Agreement on Tariffs and Trade

 

D. The North and South American Free Trade Agreement

 

E. The European Free Trade Agreement

 

25. The ____ facilitates international cooperation in opening markets and provides a forum for future trade negotiations and the settlement of international trade disputes.

A. World Trade Organization

 

B. Generally Favored Nation Organization

 

C. National Trade Organization

 

D. International Cooperation Agreement

 

E. International Marketing Agreement

 

26. _____ principle requires that World Trade Organization member states treat like goods coming from other World Trade Organization member states on an equal basis.

A. The normal trade relations

 

B. The like treatment

 

C. The quantitative restrictions

 

D. The nondiscriminatory

 

E. The fairness

 

27. Which of the following is a practice wherein an exporter sells products in a foreign state for less than the price charged for the same or comparable goods in the exporter’s home market?

A. Price cutting

 

B. Disposal

 

C. Dumping

 

D. Profit maximizing

 

E. Subsidizing

 

28. Which of the following is one of the three basic types of subsidies?

A. Indirect subsidy

 

B. Actionable subsidy

 

C. International subsidy

 

D. Group subsidy

 

E. Quantitative subsidy

 

29. The ____ allows recognized governments of WTO member states to bring an action alleging a violation of the GATT.

A. Trade barrier agreement

 

B. Mediation/arbitration agreement

 

C. World dispute resolution agreement

 

D. Dispute settlement understanding

 

E. GATT violation accord

 

30. Which of the following countries are signatories to the North American Free Trade Agreement?

A. United States, Canada, and Japan

 

B. United States, Canada, and Mexico

 

C. Canada, Mexico, and Great Britain

 

D. England, France, and Italy

 

E. England, France, and Spain

 

31. A ____ is a free trade area with the additional feature of a common external tariff on products originating from outside the union.

A. Customs union

 

B. Free trade union

 

C. External tariff union

 

D. International tariff union

 

E. Customs trade union

 

32. Many ______ are derived from Roman law.

A. Common law systems

 

B. Case law legal systems

 

C. Civil law systems

 

D. Socialist legal systems

 

E. Islamic legal systems

 

33. Which of the following is a characteristic of civil law?

A. Precedent is an important source of law in the civil law system.

 

B. Civil law systems use a form of system of separation of powers.

 

C. The civil law procedure is like the U.S. system of checks and balances.

 

D. In civil law systems the legislative branch has little authority.

 

E. The judicial branch in civil law systems may create its own new law.

 

34. In the civil law system, which of the following has the primary responsibility for the development of evidence?

A. The attorneys

 

B. The court clerk

 

C. Officers of the court specifically charged with gathering evidence

 

D. The judge

 

E. Witnesses

 

35. Which of the following systems originated from the English legal system?

A. Civil law

 

B. Asian law

 

C. Statutory law

 

D. Inquisitorial law

 

E. Common law

 

36. Which type of legal system exists in North Korea?

A. Civil legal system

 

B. Common law legal system

 

C. Socialist legal system

 

D. Islamic legal system

 

E. Asian legal system

 

37. Which of the following is literally the “law of merchants?”

A. Lex Mercatoria

 

B. Lex Seller

 

C. Ad Merchandiso

 

D. Lex Loci

 

E. Res Judicata

 

38. Which of the following is false regarding the Convention on the International Sale of Goods?

A. It applies to transactions involving the commercial sale of goods.

 

B. National contract law applies in areas not covered by the Convention on the International Sale of Goods.

 

C. The Convention on the International Sale of Goods was adopted in 2000.

 

D. The United States has adopted the Convention on the International Sale of Goods.

 

E. The Convention on the International Sale of Goods has been ratified by the majority of states in the developed world.

 

39. The Convention on the International Sale of Goods recognizes a concept by which a buyer may give notice to the seller that delivery will be accepted beyond the time prescribed in the contract. That concept is known as _____________.

A. Nachfrist

 

B. Benach

 

C. Offer of late performance

 

D. Tender of late performance

 

E. Stare decisis

 

40. Which of the following references a standard meaning that either the employer or the employee may terminate the employment relationship at any time?

A. Employment-at-will

 

B. Unconnected employment

 

C. Nachfrist

 

D. Reasonable employment

 

E. Unreasonable employment

 

41. Which of the following is true regarding minimum-wage laws?

A. The People’s Republic of China has a national minimum-wage law.

 

B. Canada has a national minimum-wage law.

 

C. Italy has a national minimum-wage law.

 

D. Germany has a national minimum-wage law.

 

E. Australia has a national minimum-wage law.

 

42. Which of the following prohibits slavery and grants everyone the right to free choice of employment, just and favorable conditions of work, reasonable limitations on working hours, and compensation adequate to provide for the worker’s health and that of his or her family?

A. The Universal Declaration of Human Rights of 1948

 

B. Title VII of the Civil Rights Act of 1964

 

C. The Fair Wage Standard of 2000

 

D. The Universal Employee Care Act of 1990

 

E. The International Freedom Act of 2003

 

43. Which of the following refers to the power of a court over persons appearing before it?

A. Subject matter jurisdiction

 

B. Individual jurisdiction

 

C. Personal jurisdiction

 

D. Litigation jurisdiction

 

E. Superior jurisdiction

 

44. ____ permits adjudication of any claims against a defendant regardless of whether the claim has anything to do with the forum.

A. General personal jurisdiction

 

B. Specific person jurisdiction

 

C. Local personal jurisdiction

 

D. International personal jurisdiction

 

E. Domestic personal jurisdiction

 

45. Which of the following is a multilateral convention establishing procedures for transnational discovery between private persons in different states?

A. Smith Evidence Conventions

 

B. International Evidence Convention

 

C. Discovery Convention

 

D. Hague Evidence Convention

 

E. NAFTA Evidence Convention

 

46. Which of the following is an international agreement governing the arbitration of private international disputes that has been ratified by the U.S.?

A. The Hague Convention

 

B. The International Arbitration Convention

 

C. The French Convention

 

D. The New York Convention

 

E. The NAFTA Convention

 

47. ____ is the type of alternative dispute resolution procedure wherein disputes are submitted for resolution to private, nonofficial persons selected in a manner provided by law or the agreement of the parties.

A. Mediation

 

B. Arbitration

 

C. Neutral evaluation

 

D. International evaluation

 

E. Multi-cultural evaluation

 

48. Which of the following is true regarding the enforceability of foreign judgments in the United States?

A. Foreign judgments are entitled to full faith and credit.

 

B. Foreign judgments are entitled to full faith, but not credit.

 

C. Foreign judgments are neither entitled to full faith and credit, nor are they evidence of the justice of the plaintiff’s claims.

 

D. Foreign judgments are not entitled to full faith and credit, but are only evidence of the justice of the plaintiff’s claims.

 

E. By statutory law, foreign judgments must be disregarded in the U.S.

 

49. What is the federal minimum wage per hour in the U.S.?

A. $7.25

 

B. $8.30

 

C. $5.30

 

D. $6.50

 

E. $10.00

 

50. Which of the following is a doctrine that permits courts to decline to exercise jurisdiction where there is a more convenient forum to hear the case?

A. Forum non conveniens

 

B. Abstention

 

C. Convenience el forum

 

D. Jurisdictional convenience

 

E. Absolute privilege

 

“Miracle Face.” Tara developed a great new type of face cream guaranteed to provide total sun protection, remove wrinkles, and result in anyone looking at least ten years younger. Her product, Miracle Face, became extremely popular in the U.S., where she has several shops, and also in other countries to which it was shipped. Tara has a number of individuals in other countries seeking to team with her in selling Miracle Face. Sam, a citizen of Mexico, asks that she grant him permission to use her name and any associated trademarks, and allow him to sell Miracle Face in Mexico. Tara has an offer, however, from another Mexican citizen, Maria. Maria proposes that she and Tara associate together, open a business to sell Miracle Face, and share profits and management responsibilities. Tara has also thought about opening her own business in Mexico in conformity with Mexican laws. She would then, hire employees in Mexico to sell the product. Another matter Tara has considered is simply arranging for her products to be shipped to Mexico for sale, and she is interested in the effect of any trade agreements in effect between the U.S. and Mexico.

 

51. Assuming that Tara decides to make the deal Sam proposes, Sam would be referred to as a(n) _____ and Tara would be referred to as a(n) ______.

A. Franchisor; Franchisee

 

B. Franchisee; Franchisor

 

C. Affiliator; Affiliatee

 

D. Venturor; Venturee

 

E. Representative Offeror; Representative Offeree

 

52. Assuming that Tara decides to proceed as Maria proposes, their arrangement would be a[n] ______.

A. Franchisee-franchisor arrangement

 

B. Affiliator-affiliatee arrangement

 

C. Joint venture

 

D. Licensing agreement

 

E. Subsidiary agreement

 

53. If Tara simply opens her own business in Mexico in conformity with Mexican laws and hires employees in Mexico to sell the product, she would have opened a[n] ______.

A. Franchise

 

B. Distributorship

 

C. Joint venture

 

D. Licensing subsidiary

 

E. Affiliate

 

54. If Tara ships Miracle Face to Mexico for sale, she would be involved in the _____ of goods.

A. import

 

B. franchising

 

C. licensing

 

D. export

 

E. affiliating

 

55. Which of the following should Tara consider with regard to trade agreements between the U.S. and Mexico?

A. The North American Free Trade Agreement

 

B. The Central American Free Trade Agreement

 

C. The Tri-Country Free Trade Agreement

 

D. The Multi-Country Free Trade Agreement

 

E. The Accessibility Trade Agreement

 

“Employment law.” Clare, who has a successful pet grooming business, is planning to expand her operations from the U.S. into Canada and perhaps Mexico. A friend of hers, Bill, told her that she should carefully investigate the laws in those countries before she proceeded. Clare responded, however, that she was not concerned because by international treaty, and under NAFTA, so long as she is a U.S. citizen, she only has to obey the U.S. laws. Laws of other countries would not apply to her business operations. Clare also replied that any other country would have the same strict employment-at-will standard as exists in the U.S. She tells him the strict employment-at-will standard has not changed over the years, and that the nature of the relationship between employer and employee remains untouched.

 

56. Which of the following is true regarding Clare’s statement that so long as she obeys the laws of the U.S., she does not need to be concerned about laws of other countries?

A. She is accurate.

 

B. She is accurate, but only in regard to laws pertaining to employment.

 

C. She is inaccurate.

 

D. She is accurate, but only in regard to laws involved with the Uniform Commercial Code.

 

E. She is accurate, but only if countries are signatories to NAFTA.

 

57. What concept is Clare referencing when she mentions employment-at-will?

A. The right of the employer or the employee to terminate the employment relationship at any time.

 

B. The requirement that an employer have good cause before discharging an employee.

 

C. The requirement that an employee give notice before quitting.

 

D. The requirement that employers may at will require employees to work overtime without pay.

 

E. The requirement that employers allow employees to take breaks at will only after six hours of work.

 

58. Is Clare correct that there has been no change in the concept of employment-at-will in this country and that the relationship between employer and employee has remained the same?

A. She is correct.

 

B. She is incorrect, but the employment relationship has changed only in respect to minimum wage.

 

C. She is incorrect, but the employment relationship has changed only in respect to the issue of workers’ compensation.

 

D. She is incorrect, but the employment relationship has changed only in the area of employment discrimination.

 

E. She is incorrect.

 

“Weeds.” Susie developed a product guaranteed to immediately kill weeds, but absolutely no other type of grass or shrub. She has encountered several individuals and businesses in other countries who would like to enter into contracts with her and market her products internationally. She went to Willie, who just graduated law school and has yet to pass the bar, and asks him for advice regarding those contracts. Willie proceeded to tell her that she should simply enter into the same type of contract with international businesses and individuals from other countries as she would if those individuals and businesses were located in the United States. He tells her that if there is any problem, then they will simply have to come to the United States to settle the matter, and that any issues would be determined in Susie’s home county, in her home state, and under her state’s law. He also mentions to her that she should consider contacting local foreign officials in the areas in which she would like her product sold and suggest to them that she can contribute heavily to election campaigns if she is allowed without any hassles to obtain necessary business licenses and approvals to do business.

 

59. Which of the following is true regarding Willie’s advice that she contacts foreign officials regarding election campaign contributions?

A. Willie was incorrect, and following his advice would put Susie in danger of violating the Foreign Corrupt Practices Act.

 

B. Willie was incorrect, and following his advice would put Susie in danger of violating foreign laws in the countries in which she makes such offers; but she would not be in danger of violating any U.S. laws.

 

C. Willie was incorrect, and following his advice would put Susie in danger of violating the Uniform Anti-Bribery Statute.

 

D. Willie was incorrect, and following his advice would put Susie in danger of violating the federal Unfair Competition Act.

 

E. Willie was correct, and following his advice is a good idea for Susie.

 

60. Assuming Susie wants some additional protection to guarantee that any dispute with international business will be resolved in her state in the U.S., what should she do?

A. There is nothing she can do.

 

B. She should put a forum selection agreement clause within the contract.

 

C. She should put a choice of law provision in the contract.

 

D. She should put a choice of general jurisdiction clause in the contract.

 

E. She should put a Hague clause in the contract.

 

61. Assuming Susie does not take Willie at his word and wants additional assurance that her state’s law would be applied, what should she do?

A. There is nothing she can do.

 

B. She should insert a forum selection clause in the contract.

 

C. She should insert a choice-of-law clause in the contract.

 

D. She should insert Hague evidence clause in the contract.

 

E. She should insert a GATT clause into the contract.

 

62. What was the result at the U.S. Supreme Court level in Goodyear Dunlop Tires Operations, S.A. v. Brown, involving whether a court in North Carolina could exercise jurisdiction over the defendant tire manufacturer and its subsidiaries who were based in Turkey and France? (The underlying lawsuit involved the deaths of North Carolina residents in France when a bus in which they were riding allegedly overturned due to problems with its tires.)

A. The Court ruled that based on the stream of commerce theory, the North Carolina court could exercise general jurisdiction over the foreign defendants.

 

B. The Court ruled that based on the stream of commerce theory, the North Carolina court could exercise specific jurisdiction over the foreign defendants.

 

C. The Court ruled that based on the general contacts theory, the North Carolina court could exercise general jurisdiction over the foreign defendants but not specific jurisdiction.

 

D. The Court ruled that based on the general contacts theory, the North Carolina court could exercise specific jurisdiction over the foreign defendants but not general jurisdiction.

 

E. The court ruled that the North Carolina court could not exercise jurisdiction over the defendants.

 

 

Essay Questions

63. As identified by Article 38 of the Statute of the International Court of Justice, what are four sources that may be used to find international law?

 

 

 

 

64. Identify and describe a franchise agreement, a joint venture, and an affiliate business in relation to international business.

 

 

 

 

65. Richard is president of a pharmaceutical company which is based in the U.S. but has a substantial amount of sales in other countries. Richard’s company manufactures drugs prescribed to those infected with HIV and other illnesses. He is informed by some missionary workers that millions of people in Africa have HIV and that many have died. He is asked to provide medication to certain locations in Africa free of charge. On the other hand, Richard has also been asked by a group in the U.S. to provide medication free of charge to HIV positive individuals in this country and to donate other drugs his company makes for the treatment of other illnesses. Richard, in good faith and based on a good review of the company’s financial position, believes that the company can afford to donate some supplies but not in the quantities requested by both foreign and U.S. concerns. What do you believe is the ethical thing for Richard to do under the circumstances?

 

 

 

 

66. Define tariffs and how they may be calculated. Additionally, define a nontariff barrier and list and define three types of non-tariff barriers.

 

 

 

 

67. Discuss in detail the World Trade Organization including how it was established and its membership. Also discuss the normal trade relations principle, national treatment, quantitative restrictions, and dumping.

 

 

 

 

Chapter 06 International and Comparative Law Answer Key

True / False Questions

1.
(p. 125)
The terms international law and comparative law do not mean the same thing.

TRUE

International law governs the conduct of states and international organizations and their relationships with one another and natural and juridical persons, while comparative law is the study of legal systems of different states.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 1 Easy
Learning Objective: 06-01 What is international law?
Topic: International and Comparative Law
 

 

2.
(p. 126)
When doing business internationally, a foreign sales representative does the same thing as a distributor.

FALSE

Unlike the foreign sales representative, the distributor takes title to the goods and assumes the risk of being unable to resell them at a profit.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-02 How is business transacted in the international marketplace?
Topic: Doing Business Internationally
 

 

3.
(p. 126)
A franchise agreement is the same thing as a joint venture.

FALSE

A franchise agreement is a contract whereby a company (known as the franchisor) grants permission (a license) to a foreign entity (known as a franchisee) to utilize the franchisor’s name, trademark, or copyright in the operation of a business and associated sale of goods in a foreign state. In a joint venture with a company in the host state, the parties share profits and management responsibilities for a specific project.

 

AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 1 Easy
Learning Objective: 06-02 How is business transacted in the international marketplace?
Topic: Doing Business Internationally
 

 

4.
(p. 127)
Because ethical issues vary from country to country, international business persons should not take ethical considerations into account in the decision-making process.

FALSE

International business persons must take ethical considerations into account in the decision-making process.

 

AACSB: Ethics
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-03 What ethical considerations impact business in the international marketplace?
Topic: Ethical Considerations
 

 

5.
(p. 128)
The General Agreement on Tariffs and Trade became effective in 2000.

FALSE

The General Agreement on Tariffs and Trade (GATT) became effective on January 1, 1948.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-04 What is the General Agreement on Tariffs and Trade; and what are its important provisions?
Topic: The General Agreement on Tariffs and Trade
 

 

6.
(p. 129)
As understood in the General Agreement on Tariffs and Trade, a subsidy is a government financial contribution that confers a benefit on a specific industry or enterprise.

TRUE

As understood in the General Agreement on Tariffs and Trade, a subsidy is a government payment to a specific industry or enterprise. Subsidies can be direct transfers of funds, such as loans and grants; loan guarantees; tax credits; government procurement; and price supports.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 06-04 What is the General Agreement on Tariffs and Trade; and what are its important provisions?
Topic: The General Agreement on Tariffs and Trade
 

 

7.
(p. 129)
In a multilateral free trade agreement, three or more states agree to reduce and gradually eliminate tariffs and other trade barriers.

TRUE

In a multilateral free trade agreement, three or more states agree to reduce and gradually eliminate tariffs and other trade barriers.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-05 What are regional trade agreements?
Topic: Regional Trade Agreements
 

 

8.
(p. 130)
The United States is not a party to the Central American Free Trade Agreement.

FALSE

The United States is a party to the Central American Free Trade Agreement (CAFTA) with El Salvador, Guatemala, Nicaragua, Honduras, Costa Rica, and the Dominican Republic.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-05 What are regional trade agreements?
Topic: Regional Trade Agreements
 

 

9.
(p. 130)
The European Union is an example of a customs union.

TRUE

The European Union (EU) is an example of a customs union meaning a free trade area with the additional feature of a common external tariff on products originating outside the union.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-05 What are regional trade agreements?
Topic: Regional Trade Agreements
 

 

10.
(p. 130)
The United States has no bilateral trade agreements.

FALSE

The United States has several bilateral free trade agreements, including those with Australia, Bahrain, Chile, and others.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-05 What are regional trade agreements?
Topic: Regional Trade Agreements
 

 

11.
(p. 137)
A foreign company that maintains a passive website advertising the company’s services is subject to personal jurisdiction in any state in the U.S. because the website may result in sales in the U.S.

FALSE

In Pebble Beach Company v. Caddy, the court recognized that an Internet domain name and passive website alone are not enough to subject a party to jurisdiction.

 

AACSB: Technology
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-08 How does employment law differ among states?
Topic: Substantive Law
 

 

Multiple Choice Questions

12.
(p. 125)
Which of the following best describes the term “comparative law?”

A. It is the study of the legal systems of different states.

 

B. It is the study of the laws governing the conduct of states and international organizations and their relationships with one another.

 

C. It is the study of the difference between public and private law in the United States.

 

D. It is the study of the difference between constitutions and administrative rules and regulations within the United States.

 

E. It is the study of international organizations and their structure.

Comparative law is the study of the legal systems of different states. For example, a comparative legal theorist might study contracts in the American, Chinese, and French legal systems by identifying and contrasting applicable national laws.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-01 What is international law?
Topic: International and Comparative Law
 

 

13.
(p. 125)
A reference to laws governing the conduct of states and international organizations and their relationships with one another is ______.

A. Comparative law

 

B. International law

 

C. Joint law

 

D. Foreign subsidiary law

 

E. Affiliate law

International law governs the conduct of states and international organizations and their relationships with one another and with natural and juridical persons.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-01 What is international law?
Topic: International and Comparative Law
 

 

14.
(p. 125)
Which of the following is true regarding international organizations?

A. The United Nations is an international organization, but the International Monetary Fund is not.

 

B. The International Monetary Fund is an international organization, but neither the United Nations nor the International Bank for Reconstruction and Development (World Bank) are international organizations.

 

C. The International Bank for Reconstruction and Development (World Bank) and the International Money Fund are international organizations, but the United Nations is not an international organization.

 

D. The United Nations and the International Monetary Fund are international organizations, but the International Bank for Reconstruction and Development (World Bank) is not.

 

E. The United Nations, the International Monetary Fund, and the International Bank for Reconstruction and Development (World Bank) are all international organizations.

The United Nations, the International Monetary Fund, the International Bank for Reconstruction and Development (World Bank), and the World Trade Organization are international organizations.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-01 What is international law?
Topic: International and Comparative Law
 

 

15.
(p. 125)
What has the U.S. Supreme Court held regarding whether U.S. courts must rely on customary international law?

A. The U.S. Supreme Court has held that U.S. courts may disregard customary international law.

 

B. The U.S. Supreme Court has held that even if a governing international agreement says otherwise, a U.S. court must rely on customary international law.

 

C. The U.S. Supreme Court has held that even if a controlling executive act is to the contrary, U.S. courts must rely on customary international law.

 

D. The U.S. Supreme Court has held that regardless of the existence of any legislative act to the contrary, U.S. courts must rely on customary international law.

 

E. The U.S. Supreme Court has held that in the absence of a governing international agreement or controlling executive or legislative act or judicial decision, U.S. courts must rely on customary international law.

The U.S. Supreme Court has held that in the absence of a governing international agreement or controlling executive or legislative act or judicial decision, U.S. courts must rely on customary international law.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-01 What is international law?
Topic: International and Comparative Law
 

 

16.
(p. 126)
Which of the following is an international agreement?

A. A written agreement made between states governed by international law and relating to international subject matter.

 

B. An agreement that is only between two states, not three or more, relating to an international subject matter.

 

C. An agreement that is made between at least three states regarding an international subject matter.

 

D. A general and consistent practice by states regardless of whether the practice is accepted as law.

 

E. A general and consistent practice by states that is accepted as law.

An international agreement is a written agreement made between states governed by international law that relates to an international matter. International agreements can be bilateral (between two states) or multilateral (between three or more states).

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-01 What is international law?
Topic: International and Comparative Law
 

 

17.
(p. 126)
A company that sends its products to a foreign marketplace for sale has engaged in ______.

A. Importation

 

B. Subsidization

 

C. Exportation

 

D. Foreign transaction

 

E. Foreign distributing

The simplest method of entering a foreign market is through the export of the company’s product to the foreign marketplace.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 1 Easy
Learning Objective: 06-02 How is business transacted in the international marketplace?
Topic: Doing Business Internationally
 

 

18.
(p. 126)
An agent who distributes, represents, or sells goods on behalf of a foreign seller is referred to as a[n] ______.

A. Export representative

 

B. Import representative

 

C. Foreign sales representative

 

D. Foreign exportation proponent

 

E. International sales and importation expert

A foreign sales representative is an agent who distributes, represents, or sells goods on behalf of a foreign seller and forwards orders directly to the company.

 

AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 1 Easy
Learning Objective: 06-02 How is business transacted in the international marketplace?
Topic: Doing Business Internationally
 

 

19.
(p. 126)
A[n] _____ purchases goods from a seller for resale in a foreign market and actually takes title to the goods assuming the risk of being unable to resell them.

A. Foreign sales representative

 

B. Distributor

 

C. Licensing agent

 

D. Joint agent

 

E. Affiliate agent

Companies may engage distributors for their products, who purchase goods from a seller for resale in a foreign market. Unlike the foreign sales representative, the distributor takes title to the goods and assumes the risk of being unable to resell them at a profit.

 

AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-02 How is business transacted in the international marketplace?
Topic: Doing Business Internationally
 

 

20.
(p. 126)
How does ratification of international agreements occur in the U.S.?

A. Through the advice and consent of two-thirds of the Senate after the president submits the agreement for consideration.

 

B. Through the advice and consent of two-thirds of the House of Representatives after the president submits the agreement for consideration.

 

C. Through the advice and consent of two-thirds of the Senate and two-thirds of the House of Representatives after the president submits the agreement for consideration.

 

D. Through consent of the president.

 

E. Through the consent of the president and the approval of at least half the individual state legislatures.

In the United States, ratification of an international agreement requires the advice and consent of two-thirds of the Senate after the president submits the agreement for consideration.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-01 What is international law?
Topic: International and Comparative Law
 

 

21.
(p. 127)
_____ prohibits U.S. companies from offering or paying bribes to foreign government officials, political parties, and candidates for office for the purpose of obtaining or retaining business.

A. The Foreign Corrupt Practices Act

 

B. The Foreign Bribery Act

 

C. The Foreign Political Act

 

D. The International Fairness Objective Act

 

E. The International Trade Act

The Foreign Corrupt Practices Act (FCPA) prohibits U.S. companies from offering or paying bribes to foreign government officials, political parties, and candidates for office for the purpose of obtaining or retaining business.

 

AACSB: Ethics
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 06-03 What ethical considerations impact business in the international marketplace?
Topic: Ethical Considerations
 

 

22.
(p. 127)
Which of the following is a tax levied on imported goods?

A. Non-tariff barrier

 

B. Embargo

 

C. Indirect barrier

 

D. Tariff

 

E. Dumping

Tariffs are taxes levied on imported goods.

 

AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 06-04 What is the General Agreement on Tariffs and Trade; and what are its important provisions?
Topic: The General Agreement on Tariffs and Trade
 

 

23.
(p. 128)
Which of the following is true regarding nontariff barriers?

A. Quotas are nontariff barriers, but embargoes are not.

 

B. Embargoes are nontariff barriers, but quotas are not.

 

C. Indirect barriers are nontariff barriers, but quotas and embargoes are not.

 

D. Quotas and embargoes are nontariff barriers, but indirect barriers are not.

 

E. Quotas, embargoes, and indirect barriers are all nontariff barriers.

A nontariff barrier is any impediment to trade other than tariffs, including quotas, embargoes, and indirect barriers.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-04 What is the General Agreement on Tariffs and Trade; and what are its important provisions?
Topic: The General Agreement on Tariffs and Trade
 

 

24.
(p. 128)
Which of the following is a comprehensive multilateral trading system designed to achieve distortion-free international trade through the minimization of tariffs and removal of artificial barriers?

A. The International Agreement on Nontariffs and Trade

 

B. The World Trade Organization Agreement

 

C. The General Agreement on Tariffs and Trade

 

D. The North and South American Free Trade Agreement

 

E. The European Free Trade Agreement

The General Agreement on Tariffs and Trade (GATT) is a comprehensive multilateral trading system designed to achieve distortion-free international trade by minimizing tariffs and removing artificial barriers.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-04 What is the General Agreement on Tariffs and Trade; and what are its important provisions?
Topic: The General Agreement on Tariffs and Trade
 

 

25.
(p. 128)
The ____ facilitates international cooperation in opening markets and provides a forum for future trade negotiations and the settlement of international trade disputes.

A. World Trade Organization

 

B. Generally Favored Nation Organization

 

C. National Trade Organization

 

D. International Cooperation Agreement

 

E. International Marketing Agreement

The World Trade Organization facilitates international cooperation in opening markets and provides a forum for future trade negotiations and the settlement of international trade disputes.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 1 Easy
Learning Objective: 06-04 What is the General Agreement on Tariffs and Trade; and what are its important provisions?
Topic: The General Agreement on Tariffs and Trade
 

 

26.
(p. 128)
_____ principle requires that World Trade Organization member states treat like goods coming from other World Trade Organization member states on an equal basis.

A. The normal trade relations

 

B. The like treatment

 

C. The quantitative restrictions

 

D. The nondiscriminatory

 

E. The fairness

Article I of GATT addresses the principle of most-favored-nation relations, a principle now known as normal trade relations, through which WTO member states treat like goods coming from other WTO member states on an equal basis.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-04 What is the General Agreement on Tariffs and Trade; and what are its important provisions?
Topic: The General Agreement on Tariffs and Trade
 

 

27.
(p. 128)
Which of the following is a practice wherein an exporter sells products in a foreign state for less than the price charged for the same or comparable goods in the exporter’s home market?

A. Price cutting

 

B. Disposal

 

C. Dumping

 

D. Profit maximizing

 

E. Subsidizing

Dumping is the practice wherein an exporter sells products in a foreign state for less than the price charged for the same or comparable goods in the exporter’s home market.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-04 What is the General Agreement on Tariffs and Trade; and what are its important provisions?
Topic: The General Agreement on Tariffs and Trade
 

 

28.
(p. 129)
Which of the following is one of the three basic types of subsidies?

A. Indirect subsidy

 

B. Actionable subsidy

 

C. International subsidy

 

D. Group subsidy

 

E. Quantitative subsidy

There are three types of subsidies under GATT, actionable subsidies, nonactionable subsidies, and domestic subsidies.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-04 What is the General Agreement on Tariffs and Trade; and what are its important provisions?
Topic: The General Agreement on Tariffs and Trade
 

 

29.
(p. 129)
The ____ allows recognized governments of WTO member states to bring an action alleging a violation of the GATT.

A. Trade barrier agreement

 

B. Mediation/arbitration agreement

 

C. World dispute resolution agreement

 

D. Dispute settlement understanding

 

E. GATT violation accord

The Dispute Settlement Understanding allows recognized governments of WTO member states to bring an action alleging a violation of GATT.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-04 What is the General Agreement on Tariffs and Trade; and what are its important provisions?
Topic: The General Agreement on Tariffs and Trade
 

 

30.
(p. 129)
Which of the following countries are signatories to the North American Free Trade Agreement?

A. United States, Canada, and Japan

 

B. United States, Canada, and Mexico

 

C. Canada, Mexico, and Great Britain

 

D. England, France, and Italy

 

E. England, France, and Spain

The North American Free Trade Agreement (NAFTA) between the United States, Canada, and Mexico is a multilateral free trade agreement.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 06-05 What are regional trade agreements?
Topic: Regional Trade Agreements
 

 

31.
(p. 130)
A ____ is a free trade area with the additional feature of a common external tariff on products originating from outside the union.

A. Customs union

 

B. Free trade union

 

C. External tariff union

 

D. International tariff union

 

E. Customs trade union

A customs union is a free trade area with the additional feature of a common external tariff on products originating outside the union.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 06-05 What are regional trade agreements?
Topic: Regional Trade Agreements
 

 

32.
(p. 130)
Many ______ are derived from Roman law.

A. Common law systems

 

B. Case law legal systems

 

C. Civil law systems

 

D. Socialist legal systems

 

E. Islamic legal systems

Many civil law systems are derived from Roman law.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-06 What is comparative law?
Topic: Legal Systems and Procedures
 

 

33.
(p. 131)
Which of the following is a characteristic of civil law?

A. Precedent is an important source of law in the civil law system.

 

B. Civil law systems use a form of system of separation of powers.

 

C. The civil law procedure is like the U.S. system of checks and balances.

 

D. In civil law systems the legislative branch has little authority.

 

E. The judicial branch in civil law systems may create its own new law.

Civil law systems assume a separation of powers, but it is unlike the U.S. system of checks and balances. In civil law systems, the legislative branch has ultimate authority. The judicial branch interprets the code and applies it to resolve disputes. However, the judicial branch cannot create its own law.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-06 What is comparative law?
Topic: Legal Systems and Procedures
 

 

34.
(p. 131)
In the civil law system, which of the following has the primary responsibility for the development of evidence?

A. The attorneys

 

B. The court clerk

 

C. Officers of the court specifically charged with gathering evidence

 

D. The judge

 

E. Witnesses

The judge is primarily responsible for developing evidence by asking witnesses questions and introducing legal theories.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-06 What is comparative law?
Topic: Legal Systems and Procedures
 

 

35.
(p. 131)
Which of the following systems originated from the English legal system?

A. Civil law

 

B. Asian law

 

C. Statutory law

 

D. Inquisitorial law

 

E. Common law

Common law systems originated in the English legal system.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-06 What is comparative law?
Topic: Legal Systems and Procedures
 

 

36.
(p. 132)
Which type of legal system exists in North Korea?

A. Civil legal system

 

B. Common law legal system

 

C. Socialist legal system

 

D. Islamic legal system

 

E. Asian legal system

Socialist legal systems, such as exist in Cuba and North Korea, are based on the premise that the rights of society as a whole outweigh the rights of the individual.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-06 What is comparative law?
Topic: Legal Systems and Procedures
 

 

37.
(p. 132)
Which of the following is literally the “law of merchants?”

A. Lex Mercatoria

 

B. Lex Seller

 

C. Ad Merchandiso

 

D. Lex Loci

 

E. Res Judicata

One potential source of contract law is the lex mercatoria, literally the “law of merchants.”

 

AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 2 Medium
Learning Objective: 06-07 How does contract law differ among states?
Topic: Substantive Law
 

 

38.
(p. 133)
Which of the following is false regarding the Convention on the International Sale of Goods?

A. It applies to transactions involving the commercial sale of goods.

 

B. National contract law applies in areas not covered by the Convention on the International Sale of Goods.

 

C. The Convention on the International Sale of Goods was adopted in 2000.

 

D. The United States has adopted the Convention on the International Sale of Goods.

 

E. The Convention on the International Sale of Goods has been ratified by the majority of states in the developed world.

The CISG was adopted in 1980 and has been ratified by the majority of states in the developed world.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Analyze
Difficulty: 3 Hard
Learning Objective: 06-07 How does contract law differ among states?
Topic: Substantive Law
 

 

39.
(p. 134)
The Convention on the International Sale of Goods recognizes a concept by which a buyer may give notice to the seller that delivery will be accepted beyond the time prescribed in the contract. That concept is known as _____________.

A. Nachfrist

 

B. Benach

 

C. Offer of late performance

 

D. Tender of late performance

 

E. Stare decisis

As recognized in Exhibit 6-2, nachfrist allows additional time for performance of a contract upon notice to the other party.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 2 Medium
Learning Objective: 06-08 How does employment law differ among states?
Topic: Substantive Law
 

 

40.
(p. 134)
Which of the following references a standard meaning that either the employer or the employee may terminate the employment relationship at any time?

A. Employment-at-will

 

B. Unconnected employment

 

C. Nachfrist

 

D. Reasonable employment

 

E. Unreasonable employment

The employment relationship in the United States is governed by the employment-at-will standard meaning that unless an exception applies either the employer or the employee may terminate the employment relationship at any time.

 

AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-08 How does employment law differ among states?
Topic: Substantive Law
 

 

41.
(p. 135)
Which of the following is true regarding minimum-wage laws?

A. The People’s Republic of China has a national minimum-wage law.

 

B. Canada has a national minimum-wage law.

 

C. Italy has a national minimum-wage law.

 

D. Germany has a national minimum-wage law.

 

E. Australia has a national minimum-wage law.

Australia requires that employers pay a certain amount per week.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-08 How does employment law differ among states?
Topic: Substantive Law
 

 

42.
(p. 136)
Which of the following prohibits slavery and grants everyone the right to free choice of employment, just and favorable conditions of work, reasonable limitations on working hours, and compensation adequate to provide for the worker’s health and that of his or her family?

A. The Universal Declaration of Human Rights of 1948

 

B. Title VII of the Civil Rights Act of 1964

 

C. The Fair Wage Standard of 2000

 

D. The Universal Employee Care Act of 1990

 

E. The International Freedom Act of 2003

The Universal Declaration of Human Rights of 1948, often referred to as the basis for modern human rights law, prohibits slavery and grants everyone the right to free choice of employment, just and favorable conditions of work, reasonable limitation of working hours, and compensation adequate to provide for the worker’s health that of his or her family.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-08 How does employment law differ among states?
Topic: Substantive Law
 

 

43.
(p. 138)
Which of the following refers to the power of a court over persons appearing before it?

A. Subject matter jurisdiction

 

B. Individual jurisdiction

 

C. Personal jurisdiction

 

D. Litigation jurisdiction

 

E. Superior jurisdiction

Personal jurisdiction is the power of the court over the persons appearing before it.

 

AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 06-09 How are disputes settled in the international marketplace?
Topic: Dispute Settlement in an International Context
 

 

44.
(p. 138)
____ permits adjudication of any claims against a defendant regardless of whether the claim has anything to do with the forum.

A. General personal jurisdiction

 

B. Specific person jurisdiction

 

C. Local personal jurisdiction

 

D. International personal jurisdiction

 

E. Domestic personal jurisdiction

General personal jurisdiction permits adjudication of any claims against a defendant regardless of whether the claim has anything to do with the forum, or location where the claim is filed.

 

AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 2 Medium
Learning Objective: 06-09 How are disputes settled in the international marketplace?
Topic: Dispute Settlement in an International Context
 

 

45.
(p. 142-143)
Which of the following is a multilateral convention establishing procedures for transnational discovery between private persons in different states?

A. Smith Evidence Conventions

 

B. International Evidence Convention

 

C. Discovery Convention

 

D. Hague Evidence Convention

 

E. NAFTA Evidence Convention

The Hague Evidence Convention, a multilateral convention establishing procedures for transnational discovery between private persons in different states, has been ratified by only 31 states.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-09 How are disputes settled in the international marketplace?
Topic: Dispute Settlement in an International Context
 

 

46.
(p. 143)
Which of the following is an international agreement governing the arbitration of private international disputes that has been ratified by the U.S.?

A. The Hague Convention

 

B. The International Arbitration Convention

 

C. The French Convention

 

D. The New York Convention

 

E. The NAFTA Convention

The New York Convention is an international agreement governing the arbitration of private international disputes and has been ratified by 148 states to date, including the United States.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-09 How are disputes settled in the international marketplace?
Topic: Dispute Settlement in an International Context
 

 

47.
(p. 143)
____ is the type of alternative dispute resolution procedure wherein disputes are submitted for resolution to private, nonofficial persons selected in a manner provided by law or the agreement of the parties.

A. Mediation

 

B. Arbitration

 

C. Neutral evaluation

 

D. International evaluation

 

E. Multi-cultural evaluation

Arbitration is a type of alternative dispute resolution whereby disputes are submitted for resolution by private, nonofficial persons selected in a manner provided by law or the agreement of the parties.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 06-09 How are disputes settled in the international marketplace?
Topic: Dispute Settlement in an International Context
 

 

48.
(p. 143)
Which of the following is true regarding the enforceability of foreign judgments in the United States?

A. Foreign judgments are entitled to full faith and credit.

 

B. Foreign judgments are entitled to full faith, but not credit.

 

C. Foreign judgments are neither entitled to full faith and credit, nor are they evidence of the justice of the plaintiff’s claims.

 

D. Foreign judgments are not entitled to full faith and credit, but are only evidence of the justice of the plaintiff’s claims.

 

E. By statutory law, foreign judgments must be disregarded in the U.S.

In the United States, foreign judgments are not entitled to full faith and credit but are only evidence of the justice of the plaintiff’s claims.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-09 How are disputes settled in the international marketplace?
Topic: Dispute Settlement in an International Context
 

 

49.
(p. 135)
What is the federal minimum wage per hour in the U.S.?

A. $7.25

 

B. $8.30

 

C. $5.30

 

D. $6.50

 

E. $10.00

The current minimum wage in the U.S. is $7.25 per hour.

 

AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 06-08 How does employment law differ among states?
Topic: Substantive Law
 

 

50.
(p. 140)
Which of the following is a doctrine that permits courts to decline to exercise jurisdiction where there is a more convenient forum to hear the case?

A. Forum non conveniens

 

B. Abstention

 

C. Convenience el forum

 

D. Jurisdictional convenience

 

E. Absolute privilege

Forum non conveniens is a doctrine that permits courts to decline to exercise jurisdiction where there is a more convenient forum to hear the case.

 

AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 06-09 How are disputes settled in the international marketplace?
Topic: Dispute Settlement in an International Context
 

 

“Miracle Face.” Tara developed a great new type of face cream guaranteed to provide total sun protection, remove wrinkles, and result in anyone looking at least ten years younger. Her product, Miracle Face, became extremely popular in the U.S., where she has several shops, and also in other countries to which it was shipped. Tara has a number of individuals in other countries seeking to team with her in selling Miracle Face. Sam, a citizen of Mexico, asks that she grant him permission to use her name and any associated trademarks, and allow him to sell Miracle Face in Mexico. Tara has an offer, however, from another Mexican citizen, Maria. Maria proposes that she and Tara associate together, open a business to sell Miracle Face, and share profits and management responsibilities. Tara has also thought about opening her own business in Mexico in conformity with Mexican laws. She would then, hire employees in Mexico to sell the product. Another matter Tara has considered is simply arranging for her products to be shipped to Mexico for sale, and she is interested in the effect of any trade agreements in effect between the U.S. and Mexico.

 

51.
(p. 126)
Assuming that Tara decides to make the deal Sam proposes, Sam would be referred to as a(n) _____ and Tara would be referred to as a(n) ______.

A. Franchisor; Franchisee

 

B. Franchisee; Franchisor

 

C. Affiliator; Affiliatee

 

D. Venturor; Venturee

 

E. Representative Offeror; Representative Offeree

A franchise agreement is a contract whereby a company (known as the franchisor) grants permission (a license) to a foreign entity (known as a franchisee) to utilize the franchisor’s name, trademark, or copyright in the operation of a business and associated sale of goods in a foreign state.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Analyze
Difficulty: 2 Medium
Learning Objective: 06-02 How is business transacted in the international marketplace?
Topic: Doing Business Internationally
 

 

52.
(p. 126)
Assuming that Tara decides to proceed as Maria proposes, their arrangement would be a[n] ______.

A. Franchisee-franchisor arrangement

 

B. Affiliator-affiliatee arrangement

 

C. Joint venture

 

D. Licensing agreement

 

E. Subsidiary agreement

In a joint venture with a company in the host state, the parties share profits and management responsibilities for a specific project.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Evaluate
Difficulty: 3 Hard
Learning Objective: 06-02 How is business transacted in the international marketplace?
Topic: Doing Business Internationally
 

 

53.
(p. 127)
If Tara simply opens her own business in Mexico in conformity with Mexican laws and hires employees in Mexico to sell the product, she would have opened a[n] ______.

A. Franchise

 

B. Distributorship

 

C. Joint venture

 

D. Licensing subsidiary

 

E. Affiliate

An affiliate is a business enterprise located in one state that is directly or indirectly owned and controlled by a company located in another state.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Analyze
Difficulty: 3 Hard
Learning Objective: 06-02 How is business transacted in the international marketplace?
Topic: Doing Business Internationally
 

 

54.
(p. 126)
If Tara ships Miracle Face to Mexico for sale, she would be involved in the _____ of goods.

A. import

 

B. franchising

 

C. licensing

 

D. export

 

E. affiliating

The simplest method of entering a foreign market is through the export of the company’s product to the foreign marketplace.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-02 How is business transacted in the international marketplace?
Topic: Doing Business Internationally
 

 

55.
(p. 129)
Which of the following should Tara consider with regard to trade agreements between the U.S. and Mexico?

A. The North American Free Trade Agreement

 

B. The Central American Free Trade Agreement

 

C. The Tri-Country Free Trade Agreement

 

D. The Multi-Country Free Trade Agreement

 

E. The Accessibility Trade Agreement

The North American Free Trade Agreement (NAFTA) between the United States, Canada, and Mexico is a multilateral free trade agreement.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 1 Easy
Learning Objective: 06-05 What are regional trade agreements?
Topic: Regional Trade Agreements
 

 

“Employment law.” Clare, who has a successful pet grooming business, is planning to expand her operations from the U.S. into Canada and perhaps Mexico. A friend of hers, Bill, told her that she should carefully investigate the laws in those countries before she proceeded. Clare responded, however, that she was not concerned because by international treaty, and under NAFTA, so long as she is a U.S. citizen, she only has to obey the U.S. laws. Laws of other countries would not apply to her business operations. Clare also replied that any other country would have the same strict employment-at-will standard as exists in the U.S. She tells him the strict employment-at-will standard has not changed over the years, and that the nature of the relationship between employer and employee remains untouched.

 

56.
(p. 133)
Which of the following is true regarding Clare’s statement that so long as she obeys the laws of the U.S., she does not need to be concerned about laws of other countries?

A. She is accurate.

 

B. She is accurate, but only in regard to laws pertaining to employment.

 

C. She is inaccurate.

 

D. She is accurate, but only in regard to laws involved with the Uniform Commercial Code.

 

E. She is accurate, but only if countries are signatories to NAFTA.

Despite numerous similarities among contract laws, international business persons must be aware of significant differences between U.S. and other national contract laws. There are also numerous significant differences between the employment law in the United States and employment law in other countries.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Evaluate
Difficulty: 3 Hard
Learning Objective: 06-07 How does contract law differ among states?
Topic: Substantive Law
 

 

57.
(p. 134)
What concept is Clare referencing when she mentions employment-at-will?

A. The right of the employer or the employee to terminate the employment relationship at any time.

 

B. The requirement that an employer have good cause before discharging an employee.

 

C. The requirement that an employee give notice before quitting.

 

D. The requirement that employers may at will require employees to work overtime without pay.

 

E. The requirement that employers allow employees to take breaks at will only after six hours of work.

The employment-at-will standard references the right of either the employer or the employee to terminate the employment relationship at any time.

 

AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-08 How does employment law differ among states?
Topic: Substantive Law
 

 

58.
(p. 134)
Is Clare correct that there has been no change in the concept of employment-at-will in this country and that the relationship between employer and employee has remained the same?

A. She is correct.

 

B. She is incorrect, but the employment relationship has changed only in respect to minimum wage.

 

C. She is incorrect, but the employment relationship has changed only in respect to the issue of workers’ compensation.

 

D. She is incorrect, but the employment relationship has changed only in the area of employment discrimination.

 

E. She is incorrect.

A change in the employment-at-will doctrine is that federal, state, and local government restrictions protect workers in the areas of minimum wages, unemployment and workers’ compensation, occupational health and safety, employment discrimination, and termination.

 

AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Analyze
Difficulty: 3 Hard
Learning Objective: 06-08 How does employment law differ among states?
Topic: Substantive Law
 

 

“Weeds.” Susie developed a product guaranteed to immediately kill weeds, but absolutely no other type of grass or shrub. She has encountered several individuals and businesses in other countries who would like to enter into contracts with her and market her products internationally. She went to Willie, who just graduated law school and has yet to pass the bar, and asks him for advice regarding those contracts. Willie proceeded to tell her that she should simply enter into the same type of contract with international businesses and individuals from other countries as she would if those individuals and businesses were located in the United States. He tells her that if there is any problem, then they will simply have to come to the United States to settle the matter, and that any issues would be determined in Susie’s home county, in her home state, and under her state’s law. He also mentions to her that she should consider contacting local foreign officials in the areas in which she would like her product sold and suggest to them that she can contribute heavily to election campaigns if she is allowed without any hassles to obtain necessary business licenses and approvals to do business.

 

59.
(p. 127)
Which of the following is true regarding Willie’s advice that she contacts foreign officials regarding election campaign contributions?

A. Willie was incorrect, and following his advice would put Susie in danger of violating the Foreign Corrupt Practices Act.

 

B. Willie was incorrect, and following his advice would put Susie in danger of violating foreign laws in the countries in which she makes such offers; but she would not be in danger of violating any U.S. laws.

 

C. Willie was incorrect, and following his advice would put Susie in danger of violating the Uniform Anti-Bribery Statute.

 

D. Willie was incorrect, and following his advice would put Susie in danger of violating the federal Unfair Competition Act.

 

E. Willie was correct, and following his advice is a good idea for Susie.

The Foreign Corrupt Practices Act (FCPA) prohibits U.S. companies from offering or paying bribes to foreign government officials, political parties, and candidates for office for the purpose of obtaining or retaining business.

 

AACSB: Ethics
Accessibility: Keyboard Navigation
Blooms: Evaluate
Difficulty: 2 Medium
Learning Objective: 06-03 What ethical considerations impact business in the international marketplace?
Topic: Ethical Considerations
 

 

60.
(p. 142)
Assuming Susie wants some additional protection to guarantee that any dispute with international business will be resolved in her state in the U.S., what should she do?

A. There is nothing she can do.

 

B. She should put a forum selection agreement clause within the contract.

 

C. She should put a choice of law provision in the contract.

 

D. She should put a choice of general jurisdiction clause in the contract.

 

E. She should put a Hague clause in the contract.

A forum selection agreement allows the parties to choose where disputes between them will be resolved. In the United States, such clauses are presumptively valid and will be disregarded only if they are unreasonable.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Analyze
Difficulty: 3 Hard
Learning Objective: 06-09 How are disputes settled in the international marketplace?
Topic: Dispute Settlement in an International Context
 

 

61.
(p. 142)
Assuming Susie does not take Willie at his word and wants additional assurance that her state’s law would be applied, what should she do?

A. There is nothing she can do.

 

B. She should insert a forum selection clause in the contract.

 

C. She should insert a choice-of-law clause in the contract.

 

D. She should insert Hague evidence clause in the contract.

 

E. She should insert a GATT clause into the contract.

A choice-of-law clause lets the parties to a contract choose the law of a certain state to apply to the interpretation of the contract or in the event of a dispute. Choice-of-law clauses are generally enforceable as long as there is a reasonable relation between the transaction and the law of the selected jurisdiction.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Analyze
Difficulty: 3 Hard
Learning Objective: 06-09 How are disputes settled in the international marketplace?
Topic: Dispute Settlement in an International Context
 

 

62.
(p. 139)
What was the result at the U.S. Supreme Court level in Goodyear Dunlop Tires Operations, S.A. v. Brown, involving whether a court in North Carolina could exercise jurisdiction over the defendant tire manufacturer and its subsidiaries who were based in Turkey and France? (The underlying lawsuit involved the deaths of North Carolina residents in France when a bus in which they were riding allegedly overturned due to problems with its tires.)

A. The Court ruled that based on the stream of commerce theory, the North Carolina court could exercise general jurisdiction over the foreign defendants.

 

B. The Court ruled that based on the stream of commerce theory, the North Carolina court could exercise specific jurisdiction over the foreign defendants.

 

C. The Court ruled that based on the general contacts theory, the North Carolina court could exercise general jurisdiction over the foreign defendants but not specific jurisdiction.

 

D. The Court ruled that based on the general contacts theory, the North Carolina court could exercise specific jurisdiction over the foreign defendants but not general jurisdiction.

 

E. The court ruled that the North Carolina court could not exercise jurisdiction over the defendants.

According to the Court, the defendants “attenuated connections” fell short of “the continuous and systematic general business contacts” required to empower a North Carolina court to entertain suit against them on claims unrelated to anything connecting them to the State.

 

AACSB: Diversity
Accessibility: Keyboard Navigation
Blooms: Analyze
Difficulty: 2 Medium
Learning Objective: 06-09 How are disputes settled in the international marketplace?
Topic: Dispute Settlement in an International Context
 

 

Essay Questions

63.
(p. 125)
As identified by Article 38 of the Statute of the International Court of Justice, what are four sources that may be used to find international law?

Article 38 of the Statute of the International Court of Justice, a part of the United Nations system, identifies four sources of international law as follows: Customs, international agreements, general principles of law recognized by legal systems throughout the world (such as equity and elementary considerations of humanity), and secondary sources (such as decisions of the international court of justice, resolutions of the U.N. General Assembly and scholarly writings).

 

AACSB: Diversity
Blooms: Analyze
Difficulty: 3 Hard
Learning Objective: 06-01 What is international law?
Topic: International and Comparative Law
 

 

64.
(p. 126-127)
Identify and describe a franchise agreement, a joint venture, and an affiliate business in relation to international business.

A franchise agreement is a contract whereby a company grants permission to a foreign entity to utilize the franchisor’s name, trademark, or copyright in the operation of a business and associated sale of goods in a foreign state. A joint venture is an association between two or more parties wherein the parties share profits and management responsibilities with respect to a specific project. An affiliate is a business enterprise in one state that is directly or indirectly owned and controlled by a company located in another state. The affiliate is usually established in conformity with the laws of the foreign state and is subject to that state’s regulation.

 

AACSB: Diversity
Blooms: Analyze
Difficulty: 3 Hard
Learning Objective: 06-02 How is business transacted in the international marketplace?
Topic: Doing Business Internationally
 

 

65.
(p. 127)
Richard is president of a pharmaceutical company which is based in the U.S. but has a substantial amount of sales in other countries. Richard’s company manufactures drugs prescribed to those infected with HIV and other illnesses. He is informed by some missionary workers that millions of people in Africa have HIV and that many have died. He is asked to provide medication to certain locations in Africa free of charge. On the other hand, Richard has also been asked by a group in the U.S. to provide medication free of charge to HIV positive individuals in this country and to donate other drugs his company makes for the treatment of other illnesses. Richard, in good faith and based on a good review of the company’s financial position, believes that the company can afford to donate some supplies but not in the quantities requested by both foreign and U.S. concerns. What do you believe is the ethical thing for Richard to do under the circumstances?

Student responses, of course, will vary. Students should analyze the difficulty of making decisions when resources are limited.

 

AACSB: Ethics
Blooms: Analyze
Difficulty: 3 Hard
Learning Objective: 06-03 What ethical considerations impact business in the international marketplace?
Topic: Ethical Considerations
 

 

66.
(p. 127-128)
Define tariffs and how they may be calculated. Additionally, define a nontariff barrier and list and define three types of non-tariff barriers.

Tariffs are taxes levied on imported goods. Tariffs may be calculated as a percentage of the value of the imported good (ad valorem tariff), on the basis of the number or weight of the imported units or a flat per-unit charge (specific tariff), or as a combination of the two (compound tariff). A nontariff barrier is any impediment to trade other than tariffs. Examples of nontariff barriers include quotas, embargoes, and indirect barriers. Quotas are limits on imported goods, usually imposed for national economic reasons or for the protection of domestic industry. An embargo is a ban on trade with a particular state or on the sale of specific products, usually on the basis of foreign policy or national security. Indirect barriers are laws, practices, customs, and traditions that have the effect of limiting or discouraging the sale or purchase of imported goods.

 

AACSB: Diversity
Blooms: Understand
Difficulty: 3 Hard
Learning Objective: 06-04 What is the General Agreement on Tariffs and Trade; and what are its important provisions?
Topic: The General Agreement on Tariffs and Trade
 

 

67.
(p. 128)
Discuss in detail the World Trade Organization including how it was established and its membership. Also discuss the normal trade relations principle, national treatment, quantitative restrictions, and dumping.

The Uruguay Round established the World Trade Organization. Membership presently consists of 157 states. The WTO facilitates international cooperation in opening markets and provides a forum for future trade negotiations and the settlement of international trade disputes.
The normal trade relations principle requires that WTO member states treat like goods coming from other WTO member states on an equal basis. WTO member states are specifically prohibited from discriminating against like products based upon their country of origin.
National treatment prohibits WTO member states from regulating, taxing, or otherwise treating imported products any differently than domestically produced products.
Article XI prohibits quantitative restrictions imposing limits on the importation of certain products on the basis of the number of units, weight, or value, for national economic reasons, or for the protection of domestic industry.
Dumping is the practice whereby an exporter sells products in a foreign state for less than the price charged for the same or comparable goods in the exporter’s home market. Article VI condemns dumping if it causes or threatens to cause material injury to an established industry.

 

AACSB: Diversity
Blooms: Analyze
Difficulty: 3 Hard
Learning Objective: 06-04 What is the General Agreement on Tariffs and Trade; and what are its important provisions?
Topic: The General Agreement on Tariffs and Trade
 

Chapter 07

Crime and the Business Community

 

True / False Questions

1. The primary purpose of criminal law is to compensate a victim.

True    False

 

2. Commission of the offense of grand larceny involves the theft of larger items as opposed to smaller items that can be hidden, for example, in a purse.

True    False

 

3. Under our criminal laws that exist today, white-collar crime is not punishable by imprisonment.

True    False

 

4. By broadening the scope of actions covered and the definition of a public official, Congress amended the Foreign Corrupt Practices Act to conform to the antibribery convention adopted by the Organization for Economic Cooperation and Development.

True    False

 

5. Mail fraud is a federal crime.

True    False

 

6. Embezzlement is distinguished from larceny because in embezzlement the individual does not take the property from another and is already in possession of the property.

True    False

 

7. China punishes embezzlement and bank fraud less severely than the U.S.

True    False

 

8. Under the common law, a corporation could not be considered a criminal because it was not an actual person and, thus, did not have a mind.

True    False

 

9. Under current law, corporations cannot be held criminally accountable for strict-liability offenses.

True    False

 

10. A person who is considered an infant under the law cannot be tried as an adult under any circumstances.

True    False

 

11. The test used to establish one’s mental state when insanity is claimed is the same regardless of the jurisdiction involved.

True    False

 

12. The majority of the U.S. Supreme Court Berghuis v. Thompkins ruled that absent an explicit invocation of the right to remain silent, police may continue to interrogate a suspect, and what the suspect says may be used against him in court.

True    False

 

 

Multiple Choice Questions

13. Which of the following is the term that describes wrongful behavior in a criminal action?

A. Mens rea.

 

B. Actus reus.

 

C. Res judicta.

 

D. Stare decisis.

 

E. Carpe diem.

 

14. Which of the following is a term describing the wrongful state of mind needed for a criminal action?

A. Mens rea.

 

B. Actus reus.

 

C. Res judicta.

 

D. Stare decisis.

 

E. Carpe diem.

 

15. Strict liability is a term used to describe which of the following?

A. Liability without fault.

 

B. Negligence.

 

C. Actus reus.

 

D. Intentional wrongdoing.

 

E. Recklessness.

 

16. Which of the following is an example of the imposition of strict liability?

A. A robber pulls a gun to rob a bank teller.

 

B. A burglar breaks into a home to steal jewelry.

 

C. A business sells cigarettes to a minor.

 

D. A minor shoplifts in a department store.

 

E. An adult shoplifts in a department store.

 

17. Which of the following is punishable by imprisonment for more than one year or death?

A. Misdemeanor.

 

B. Felony.

 

C. Petty offenses.

 

D. Tort offenses.

 

E. Any business related crime.

 

18. Which of the following are less serious crimes punishable by fines or imprisonment of less than one year?

A. Misdemeanor.

 

B. Felony.

 

C. Petty offenses.

 

D. Tort offenses.

 

E. Any business related crime.

 

19. Which of the following are minor offenses usually punishable by a jail sentence of less than six months or a small fine with an example being violation of a building code?

A. Insignificant offenses.

 

B. Felonies.

 

C. Petty offenses.

 

D. Tort offenses.

 

E. Any business related crime.

 

20. Which of the following is the forceful and unlawful taking of personal property?

A. Robbery

 

B. Burglary

 

C. Larceny

 

D. Arson

 

E. Criminal fraud

 

21. Which of the following occurs when someone unlawfully enters a building with the intent to commit a felony?

A. Robbery

 

B. Burglary

 

C. Larceny

 

D. Arson

 

E. Criminal fraud

 

22. Which of the following is the secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession?

A. Robbery

 

B. White-collar burglary

 

C. Larceny

 

D. Arson

 

E. Criminal fraud

 

23. Which of the following includes destruction of a building using an explosive device?

A. Extortion

 

B. Embezzlement

 

C. Larceny

 

D. Arson

 

E. Criminal fraud

 

24. Which of the following serves to combat bribery of foreign officials?

A. The Foreign Official Bribery Act

 

B. The International Bribery Prohibition Act

 

C. The Fair Business Act

 

D. The International Fair Business Practices Act

 

E. The Foreign Corrupt Practices Act

 

25. Which of the following is the making of threats for the purpose of obtaining money or property?

A. Bribery

 

B. Criminal Fraud

 

C. Extortion

 

D. Larceny

 

E. Importation

 

26. Which of the following is the making of an entry into the books of a bank or corporation that is designed to represent the existence of funds that do not exist?

A. False entry

 

B. Defalcation

 

C. False pretenses

 

D. Ponzi scheme

 

E. Pretexting

 

27. Which of the following is a false document or sign of existence used to perpetrate fraud, such as making counterfeit money?

A. False entries

 

B. False token

 

C. False pretenses

 

D. Ponzi scheme

 

E. Pretexting

 

28. Which of the following is the misappropriation of trust funds or money held in a fiduciary capacity?

A. False entries

 

B. Defalcation

 

C. False pretenses

 

D. Ponzi scheme

 

E. Pretexting

 

29. Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors?

A. False entries

 

B. False token

 

C. False pretenses

 

D. Ponzi scheme

 

E. Pretexting

 

30. Which of the following is using fraudulent means to obtain information about someone’s phone use?

A. Pretexting

 

B. Ponzi scheme

 

C. False pretenses

 

D. False token

 

E. Defalcation

 

31. Zack, the president of ABC Company, falsified documents to make it appear as if he had been granted stock options on certain dates, and he selected the dates after the fact, picking dates on which the stock price was low. Which of the following offenses, if any, did he commit?

A. Insider trading

 

B. Pretexting

 

C. Defalcation

 

D. Stock option backdating

 

E. He did not commit any offense

 

32. Ed goes door-to-door selling magazine subscriptions. Ed knows, however, that he is simply taking money for subscriptions and has absolutely no intention of ever arranging for the provision of magazines. Which of the following offenses, if any, has he committed?

A. Defalcation

 

B. False entry

 

C. False token

 

D. False pretenses

 

E. Ponzi scheme

 

33. Which of the following occurs when companies bill consumers for optional services that the consumers did not order?

A. Slamming

 

B. Cramming

 

C. Stuffing

 

D. Fraudulent adding

 

E. Fraudulent transfer

 

34. In which of the following involves tricking consumers into changing their phone service to another carrier without their consent?

A. Slamming

 

B. Cramming

 

C. Stuffing

 

D. Fraudulent adding

 

E. Fraudulent transfer

 

35. Bank teller Ben receives $1,000 from a customer for deposit into the customer’s bank account. Instead of placing the money into the customer’s account, Ben puts it into his pocket. Which of the following offenses has he committed?

A. Forgery

 

B. False entries

 

C. False token

 

D. Embezzlement

 

E. Cramming

 

36. Which of the following is a person who illegally accesses or enters another person’s or a company’s computer system to obtain information or to steal money?

A. Backer

 

B. Reacher

 

C. Hacker

 

D. Trespasser

 

E. Illicit user

 

37. Which of the following is true regarding corporate executives being held personally liable for business crime under the “responsible corporate officer” doctrine?

A. A corporate executive may never be held personally liable for a business crime.

 

B. Corporate executives may only be held personally liable for a business crime if they benefited personally from their actions in executing the business crime.

 

C. Corporate executives may be found personally liable for a business crime even if they did not engage in, direct, or know about a specific criminal violation.

 

D. A court may not assess criminal liability on a corporate executive unless the executive directly engaged in the specific criminal violation.

 

E. Criminal liability may not be assessed against a corporate executive unless the executive directly engaged in the criminal activity and also profited directly and personally from the criminal activity.

 

38. Which of the following are considered infants under the law in regards to criminal activity?

A. Any child five and under.

 

B. Any child ten and under.

 

C. Any child twelve and under.

 

D. Any child sixteen and under.

 

E. Any person under the age of majority.

 

39. Which of the following is generally a legitimate defense to a charge of a crime?

A. Mistake of law

 

B. Vicarious liability

 

C. Mistake of fact

 

D. Mistake of felony

 

E. Mistake of actus reus

 

40. Which of the following allows a defendant to be found not guilty by reason of insanity if he or she did not understand the nature of the act?

A. The irresistible impulse act.

 

B. The involuntary act.

 

C. The substantial capacity test.

 

D. The M’Naghten test.

 

E. The necessity defense.

 

41. Which of the following holds that a person may be deemed not guilty by reason of insanity, even if he or she knew that a criminal act was wrong, as long as the defendant was driven to commit the crime from some urge resulting from a mental deficiency the defendant could not resist?

A. The irresistible impulse test.

 

B. The involuntary act.

 

C. The substantial capacity test.

 

D. The duress defense.

 

E. The necessity defense.

 

42. Assuming the requisite elements are proven, which of the following is a defense when it is established that a crime is committed because the person committing the act was threatened with immediate bodily harm or loss of life unless the offense was committed?

A. Entrapment.

 

B. Necessity.

 

C. Justifiable use of force.

 

D. Duress.

 

E. Inescapable action.

 

43. A defendant can use the _____ defense if the idea for a crime originated not with the defendant but with a police officer or other government official who suggested it to the defendant, and the defendant would not otherwise have committed the crime.

A. Entrapment

 

B. Necessity

 

C. Justifiable use of force

 

D. Duress

 

E. Inescapable action

 

44. A defendant who argues that commission of a crime was necessary to prevent a more severe crime from occurring is relying upon the defense of _______.

A. Entrapment

 

B. Necessity

 

C. Justifiable use of force

 

D. Duress

 

E. Inescapable action

 

45. Which amendment provides the right to a speedy and public trial?

A. The Second Amendment.

 

B. The Third Amendment.

 

C. The Fourth Amendment.

 

D. The Fifth Amendment.

 

E. The Sixth Amendment.

 

46. Which of the following is true regarding the Fourteenth Amendment?

A. It is part of the Bill of Rights.

 

B. Its safeguards only apply at the federal level.

 

C. It is not a part of the Bill of Rights and it extends federal guarantee of due process and most constitutional protections to all states.

 

D. It is a part of the Bill of Rights, its protections apply at the federal level, and its protections also apply at the state level.

 

E. It is a part of the Bill of Rights, and its protections apply only at the federal level.

 

47. Which of the following is true regarding the manner in which the exclusionary rule is derived from the U.S. Constitution?

A. It is specifically set forth in the Fourth Amendment.

 

B. It is specifically set forth in the Fifth Amendment.

 

C. It is specifically set forth in the Sixth Amendment.

 

D. It is specifically set forth in the Eighth Amendment.

 

E. No section of the U.S. Constitution specifically states the provisions of the exclusionary rule.

 

48. At trial a defense lawyer states that evidence should not be admitted because it is “fruit of the poisonous tree.” Upon which of the following is the attorney relying?

A. The exclusionary rule.

 

B. The Fourth Amendment Rule.

 

C. The Eden Rule.

 

D. The Adam Rule.

 

E. The Eve Rule.

 

49. Ordinarily, to obtain an arrest warrant, a law enforcement agent must demonstrate that there is ________ that a suspect committed or is planning to commit a crime.

A. Likely cause

 

B. Suspected cause

 

C. Certainty

 

D. Probable cause

 

E. Information

 

50. Which of the following is true regarding an arrest without a warrant?

A. A law enforcement agent can arrest a suspect without a warrant if the officer believes there is probable cause but not enough time to obtain a warrant.

 

B. A law enforcement officer may not arrest a suspect without a warrant even if the officer believes there is probable cause but insufficient time to obtain a warrant.

 

C. A law enforcement agent can arrest a suspect without a warrant only if a felony is involved.

 

D. A law enforcement officer can arrest a suspect without a warrant only if a violent crime is involved.

 

E. A law enforcement officer can arrest a suspect without a warrant only if the suspect is a repeat offender.

 

51. Of which of the following must a defendant be informed before questioning?

A. That the defendant must answer questions, or there will be a presumption of guilt at trial.

 

B. That statements made to law enforcement before arraignment may not be used against the defendant in court.

 

C. That the defendant has the right to consult an attorney before speaking to the police.

 

D. That unless the defendant can afford any attorney, the defendant will not have an attorney.

 

E. That the right to an attorney does not begin until after the defendant is arraigned.

 

52. Which of the following occurs when a defendant makes a first appearance?

A. A magistrate determines whether there was proof beyond a reasonable doubt for the arrest.

 

B. A magistrate determines whether there was probable cause for the arrest.

 

C. A magistrate determines whether the defendant was properly booked but not whether the defendant was properly arraigned.

 

D. A magistrate determines whether the defendant was properly arraigned but not whether the defendant was properly booked.

 

E. A magistrate determines whether the defendant was properly booked and also whether the defendant was properly arraigned.

 

53. Which of the following is a plea in which the defendant does not admit guilt but agrees not to contest the charges?

A. Petit defense.

 

B. Information.

 

C. Nolo contendere.

 

D. Sine qua non.

 

E. Plea avoidance.

 

54. A judge reports that a jury was “hung”. What does the judge mean?

A. That the jury wanted to hang the defendant by imposing a heavy sentence.

 

B. That the jury wanted to hang the prosecutor for unjustly charging the defendant.

 

C. That the jury could not reach a verdict.

 

D. That the jury had waited an excessive amount of time before reaching a verdict.

 

E. That the jury had waited an excessive amount of time before retiring for the evening.

 

55. Which of the following requires a “pattern”?

A. The Racketeer Influenced and Corrupt Organizations Act.

 

B. The False Claims Act.

 

C. The Sarbanes-Oxley Act of 2002.

 

D. The crime of false pretenses.

 

E. The crime of false token.

 

56. Under the Sarbanes-Oxley Act, it is now a felony to willfully fail to maintain proper records of audits and work papers for at least ______ years.

A. 2

 

B. 3

 

C. 4

 

D. 5

 

E. 6

 

57. Which of the following was created specifically to combat white-collar crime?

A. The Sarbanes-Oxley Act.

 

B. RICO.

 

C. The False Claims Act.

 

D. Section 1983.

 

E. Section 1984.

 

58. Carla learns that her employer, a healthcare facility, is committing fraud against the government by filing false Medicare claims. Under which of the following might she obtain a portion of any recovery obtained by the government?

A. RICO.

 

B. The False Claims Act.

 

C. The Sarbanes-Oxley Act of 2002.

 

D. The Medicare Recovery Act.

 

E. The Healthcare Fraud Act.

 

59. Which of the following was passed largely in response to business scandals of the early 2000’s, such as those implicated by Enron, WorldCom, Global Crossing, and Arthur Anderson?

A. RICO.

 

B. The False Claims Act.

 

C. The Sarbanes-Oxley Act.

 

D. The Medicare Recovery Act.

 

E. The Healthcare Fraud Act.

 

60. Under the Sarbanes-Oxley Act, which of the following is true regarding the destruction of documents in a federal bankruptcy investigation?

A. The destruction of documents in a federal bankruptcy investigation is a misdemeanor with possible sentences of up to 364 days in jail.

 

B. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 364 days in jail.

 

C. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 5 years in jail.

 

D. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 20 years in jail.

 

E. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of life imprisonment.

 

61. What was the result in the case of U.S. v. Park, the case in which the defendant, the president of a national food-chain corporation, claimed he should not be held liable for allowing food in a warehouse to be exposed to rodent contamination because he had delegated responsibility to subordinates?

A. The court dismissed all claims against him because of insufficient proof that he had actively allowed contamination.

 

B. The court dismissed all claims against him because of insufficient proof of negligence.

 

C. The court refused to dismiss claims against him because the offense was a strict liability offense.

 

D. The court refused to dismiss claims against him because of insufficient proof of delegation.

 

E. The court refused to dismiss claims against him because of proof that he had responsibility and authority to prevent the contamination or to correct it and failed to do so.

 

62. Which of the following Supreme Court cases established the right to counsel before questioning by the police?

A. Whaley v. Reeves

 

B. Glover v. Smith

 

C. U.S. v. Glover

 

D. U.S. v. Parks

 

E. Miranda v. Arizona

 

“Cosmetic profits.” Sally is the vice president at Big Name Cosmetics Company. She learns that the company is soon going to purchase a smaller chain of stores. It is expected that stock in Big Name Cosmetics will rise dramatically at that point. Sally immediately buys a number of shares of her company’s stock. She also tells her friend Alice about the expected purchase of stores. Alice wanted to purchase stock in the company but lacked the funds with which to do so. Although she did not have the funds in Bank A, Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock. She hoped that she would have sufficient funds to deposit before the check was presented for payment.

 

63. Which offense is Sally guilty of, if any, in purchasing stock of her company?

A. Insider trading

 

B. Tipping

 

C. Insider misappropriation

 

D. Extortion

 

E. She is guilty of no offense

 

64. Of which of the following, if any, is Sally guilty of by providing information to Alice regarding the purchase?

A. She is guilty of an insider-trading violation by tipping the information.

 

B. She is guilty of an insider-trading violation by being tipped.

 

C. She is guilty of an insider-trading violation by both tipping and being tipped.

 

D. She is guilty of criminal extortion.

 

E. She is not guilty of any offense.

 

65. Of which of the following offenses, if any, is Alice guilty of by buying stock?

A. She is guilty of insider trading because she tipped information.

 

B. She is guilty of an insider-trading violation because she traded on tipped information.

 

C. She is guilty of extortion.

 

D. She is guilty of larceny.

 

E. She is not guilty of any offense.

 

66. Of what offense, if any, is Alice guilty of by her method of payment?

A. Ponzi scheme

 

B. Insider-trading scheming

 

C. Pretexting

 

D. Check defalcation

 

E. Check kiting

 

“Divorce fallout.” Dr. Fred, following a messy divorce, has encountered significant financial difficulties. Dr. Fred has a friend named Slick Slim who tells Dr. Fred that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in a lack of appetite. Slick Slim tells Dr. Fred that, although the device does not really work, people who want to lose weight and look good in their bathing suits will do anything. Slick says the wristband sells like hotcakes. Slick also tells Dr. Fred that he will pay Dr. Fred five dollars for every band that Dr. Fred can sell to his patients. Dr. Fred proceeds to mail letters to patients suggesting the use of the band for weight loss. He also uses UPS to mail samples of the band to some patients along with letters encouraging purchase of the bands. Dr. Fred then proceeds to bill Medicare for office consultations he has with patients when they come in to purchase the bands. The scheme is wildly successful. Dr. Fred is able to entirely satisfy his alimony obligations within just a few months. Unfortunately, as patients begin to see that they are not having any weight loss, he has been receiving numerous complaints, and a friend of his told him that he could even be facing some criminal prosecution.

 

67. By mailing correspondence to patients encouraging purchase of the band, which of the following offenses, if any, did Dr. Fred commit?

A. False pretenses

 

B. Fraudulent use of transit

 

C. Defalcation

 

D. Mail fraud

 

E. He is not guilty of any offense

 

68. Which of the following offenses, if any, did Dr. Fred commit when he used UPS to send correspondence and samples of the bands to patients?

A. False pretenses

 

B. Fraudulent use of transit

 

C. Defalcation

 

D. Mail fraud

 

E. He is not guilty of any offense

 

69. By which of the following acts, if any, did Dr. Fred commit health care fraud?

A. Dr. Fred did not commit any acts of healthcare fraud.

 

B. By the submission of false claims to Medicare only.

 

C. By the receipt of kick-backs from Slick Slim only.

 

D. By the submission of false claims to Medicare and also by the receipt of kick-backs from Slick Slim.

 

E. By submitting false claims to Medicare, by receiving kick-backs from Slick Slim, and also by merely listening to what Slick Slim had to say.

 

“Green Gold.” Martin owned a factory in which he manufactured furniture. Martin had some extra space in the factory and decided to use heat lamps to grow marijuana. He smuggled the marijuana into the hands of dealers by hollowing out the furniture and placing the marijuana inside and by putting the marijuana in drawers, etc. Law enforcement became suspicious and unexpectedly burst into the building without a warrant, discovering the marijuana. Martin asked the agent in charge about the lack of a warrant. The agent told him that Fourth Amendment protections did not extend to businesses. Martin was charged with growing marijuana. Martin refused to testify at trial. At his trial, however, the judge excluded any evidence obtained from the search, and Martin was declared not guilty because there was no evidence against him. The agent was very angry and arrested Martin immediately for the same offense as he was walking down the courthouse steps from the first trial. The agent tells Martin that he should be tried again because the judge was incorrect. Martin is placed in a holding cell and immediately calls his attorney in an attempt to get out of jail free.

 

70. Which of the following is correct regarding Fourth Amendment protections for businesses and the necessity of a search warrant prior to a search of a business?

A. The protections of the Fourth Amendment are not extended to businesses.

 

B. The protections of the Fourth Amendment are extended to businesses only if the businesses involve highly regulated industries.

 

C. The protections of the Fourth Amendment are extended to businesses only if the businesses are sole proprietorships.

 

D. The protections of the Fourth Amendment are extended to businesses, and warrants are necessary for any searches.

 

E. The protections of the Fourth Amendment are extended to businesses although at times no warrant is necessary to search highly regulated industries.

 

71. Upon which of the following defenses would Martin’s lawyer rely upon in regards to the second charge after Martin was found not guilty?

A. The defense of double jeopardy

 

B. The Fifth defense

 

C. The Single Trial defense

 

D. The Eighth Amendment

 

E. The Sixth Amendment

 

72. Upon which amendment did Martin rely in refusing to testify at trial?

A. The Second Amendment.

 

B. The Third Amendment.

 

C. The Fourth Amendment.

 

D. The Fifth Amendment.

 

E. The Sixth Amendment.

 

73. Which of the following was the result in U.S. v. Ruiz, the case in the text involving the defending deputy superintendent of New Mexico’s insurance division who was convicted of offenses including mail fraud after he told insurers that they could avoid paying the fines for violation of licensing requirements if they contributed to certain charities?

A. That although the defendant violated certain laws, he did not violate the mail fraud statute because he did not himself mail fraudulent solicitations which is required for the offense of mail fraud.

 

B. That although the defendant used the mail to provide the illegal option to insurers, that in and of itself was insufficient to establish mail fraud.

 

C. That because the defendant used the mail to provide the illegal option to insurers, that in and of itself was sufficient to establish mail fraud.

 

D. That proof that the defendant directed that donations be made directly to charities established the reasonably foreseeable result that the mail would be used which was sufficient evidence to support his conviction.

 

E. That proof that the defendant directed that donations be made directly to charities established the reasonably foreseeable result that the mail would be used but that such foreseeability was insufficient to support his conviction.

 

 

Essay Questions

74. List the elements necessary to establish bribery of a public official.

 

 

 

 

75. Discuss the four alternative ways, in addition to fines, to punish white-collar criminals discussed in the text. Discuss the pros and cons of each.

 

 

 

 

76. Explain the type of conduct generally referenced by the term “criminal fraud” and list the three elements generally involved in establishing criminal fraud.

 

 

 

 

77. Penny, who is the president of XYZ Corporation, tells Andy that buying stock in XYZ Corporation right now is a good idea. Andy is only casually acquainted with Penny and did not know that she was an officer of the corporation. He, however, acting on her information investigated the company somewhat and proceeded to buy some stock. Both Penny and Andy were charged with insider trading. Both Penny and Andy say that they did not know that insider trading was against the law. Also, Andy says that he did not even know that Penny was an officer of XYZ Corporation and that he thought the information at issue was public information. Provide the legal definitions for the defenses asserted and discuss whether they are adequate.

 

 

 

 

78. List and discuss the three tests discussed in the text used for determining the viability of the insanity defense.

 

 

 

 

79. Set for the four activities referenced in the text that may constitute a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO).

 

 

 

 

Chapter 07 Crime and the Business Community Answer Key

True / False Questions

1.
(p. 150)
The primary purpose of criminal law is to compensate a victim.

FALSE

The purpose of criminal law is to punish an offender for causing harm to public health, safety, or morals.

 

AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 07-01 What are the basic elements of a crime?
Topic: Elements of a Crime
 

 

2.
(p. 151)
Commission of the offense of grand larceny involves the theft of larger items as opposed to smaller items that can be hidden, for example, in a purse.

FALSE

Grand larceny involves items of greater value; thus, it is a felony and carries more severe penalties than does petty larceny.

 

AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 1 Easy
Learning Objective: 07-02 What are some of the common crimes affecting businesses; and how do we prove them?
Topic: Common Crimes Affecting Business
 

 

3.
(p. 153)
Under our criminal laws that exist today, white-collar crime is not punishable by imprisonment.

FALSE

Fines are only one way those found guilty of white-collar crimes might be punished; there are at least four others including incarceration.

 

AACSB: Ethics
Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 1 Easy
Learning Objective: 07-03 When a crime is committed to benefit a corporation; who can be held liable?
Topic: Common Crimes Affecting Business
 

 

4.
(p. 153)
By broadening the scope of actions covered and the definition of a public official, Congress amended the Foreign Corrupt Practices Act to conform to the antibribery convention adopted by the Organization for Economic Cooperation and Development.

TRUE

To conform to the antibribery convention adopted by the Organization for Economic Cooperation and Development (OECD), Congress amended the FCPA by broadening the scope of actions covered and the definition of a public official.

 

AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Apply
Difficulty: 3 Hard
Learning Objective: 07-02 What are some of the common crimes affecting businesses; and how do we prove them?
Topic: Common Crimes Affecting Business
 

 

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