BLAW 497 Exam 1 Multiple Choice
A formal request for service of process through diplomatic channels to be accomplished through a foreign court on a defendant in that foreign jurisdiction is called: a. Letter rogatory b. Application of forum non conveniens doctrine c. Venue d. In rem jurisdiction
a. Letter rogatory
Rules determining the geographic location of a court of competent jurisdiction to hear a case are called ____________________. a. Venue. b. Forum selection clause. c. Subject matter jurisdiction principles. d. Conflicts of law rules.
a. Venue.
A document prepared by a manufacturer or exporter/shipper attesting to the geographic place (i.e., nation) where goods were made is called a: a. Import license b. Technology transfer license c. Certificate of origin d. Export license
c. Certificate of origin
The CISG permits recovery by an injured party of a monetary amount called: a. Liquidated damages whether provided in the contract or not. b. Nachfrist. c. Consequential damages if proved to be "reasonably foreseeable" as a consequence of the breach. d. Specific performance.
c. Consequential damages if proved to be "reasonably foreseeable" as a consequence of the breach.
Many attorneys encourage their clients to exclude application of CISG law in an international contract by: a. Placing a choice of law clause in the contract specifying a national law to be applied. b. Placing a clause guaranteeing payment in the contract. c. Obtaining a waiver from CISG applicability granted by the UN. d. Pitting a forum selection clause to be placed into the contract.
a. Placing a choice of law clause in the contract specifying a national law to be applied.
A foreign entity organized under the laws of the host state but owned and controlled by the parent corporation in the home country of the investor is a: a. Joint venture b. Multinational corporation c. Foreign subsidiary d. Foreign branch
c. Foreign subsidiary
The New York Convention is signed by 150 nations. It relates to: a. Selection of International Chamber of Commerce in Paris rules for arbitration of disputes. b. A preference for signatory states or parties to international contracts to use mediation prior to use of arbitration. c. The recognition and enforcement by courts of foreign arbitration awards. d. The mandatory use of arbitration clauses in contracts involving citizens of a signatory state.
c. The recognition and enforcement by courts of foreign arbitration awards.
In the famous case involving the Union Carbide plant explosion in Bhopal, India the US federal declined to assert continuing jurisdiction to hear many Indian victims' claims for personal injury or death on the basis of: a. No "minimum contacts" between Union Carbide and the court b. Lack of venue c. Lack of subject matter jurisdiction d. Applying the doctrine of forum non conveniens
d. Applying the doctrine of forum non conveniens
ABC Company has a contract dispute with DEF Company. There was an arbitration clause in their contract. ABC arbitrates their claim, but DEF wins. ABC is very angry, and wants to know if they have to pay the award. Generally speaking, they must do so unless: a. ABC can prove misconduct or fraud by the arbitrator. b. ABC could have appealed the award if it was a decision by a state court. c. DEF introduced evidence at the arbitration hearing that would not have been allowed in a state court proceeding. d. DEF had better lawyers than ABC did.
a. ABC can prove misconduct or fraud by the arbitrator.
The case of Liechtenstein v. Guatemala decided by the UCJ in 1955 focused on the concept of: a. Diplomatic protection. b. Power of court to interpret Statute of the International court of Justice. c. Compulsory jurisdiction. d. Nationality jurisdiction.
a. Diplomatic protection
American Shoe Company (ASC) has a factory in Pakistan. There is an explosion there when a gas line breaks and six Pakistani employees are killed. They file a lawsuit in New York (where the company has its headquarters.) This appears to be a case where the lawyers for the deceased workers are motivated to engage in: a. Forum shipping b. Using a forum selection clause c. Using diversity of citizenship as a basis for federal court jurisdiction. d. Forum non conveniens
a. Forum shipping
On Tuesday Sam says to John "Let me sell you my car for $10,000, a great deal and below "blue book" value of the car. If I don't hear from you by Friday before I go to Chicago, I assume we have a deal." As of the following Saturday, is there a contract between Sam and John? a. No. b. Yes, if Sam made the offer with intent to be bound. c. Yes, if the price was in fact below book value and Sam thus made the statement in good faith. d. Yes, if there was no prior pattern of other cars sold on the same circumstances as described.
a. No.
Personal jurisdiction can be obtained by: a. Lawful service of process on plaintiff. b. Lawful service of process on defendant. c. Subject matter jurisdiction alone. d. Arbitration under rules of American Arbitration Association
b. Lawful service of process on defendant.
In an export/import transaction the most common concern of the seller (particularly when not sure of the buyer's organization statutes and stability) is: a. Supplier risk b. Payment or credit risk c. Shipment risk d. Reputational risk
b. Payment or credit risk
The Full Faith and Credit Clause of the US Constitution requires: a. Service of process by the enforcing court. b. US courts to recognize the public acts, records and judgments of other US states. c. Universal jurisdiction for the subject claim or dispute. d. US courts to recognize the public acts, records and judgments of other US states and well as foreign countries.
b. US courts to recognize the public acts, records and judgments of other US states.
The ______ is the primary body for commercial law covering domestic transactions in the US. a. Law merchant b. Uniform Commercial Code (UCC) c. UNCITRAL d. English sales law
b. Uniform Commercial Code (UCC)
William is a contractor who is asked by Joanne to build her a house. Joanne shows her architect's plan to William and he estimates his total labor and materials costs will be $200,000. He proposed to build the house for a fixed price of $240,000 and a contract is signed. The next day Joanne calls William before he has done anything and tells him she has been transferred to another city and no longer wants the house. William is furious and will likely sue her for: a. $240,000 b. $200,000 c. $40,000 d. Zero, since he had done nothing yet.
c. $40,000
The primary source of customary international law rules for interpretation of treaties is: a. Created by the formal opinions of the International Court of Justice. b. Set out in the United Nations Charter. c. Defined in the Vienna Convention on the Law of Treaties. d. Defined in the New York Convention in the Role of Treaties.
c. Defined in the Vienna Convention on the Law of Treaties.
A clause contained in a commercial contract excusing a party from performance if specified circumstances occur is often included, generally for the benefit of a seller. The clause is called: a. Frustration of purpose clause. b. Supervening illegality clause. c. Force majeure clause. d. Anticipatory breach clause.
c. Force majeure clause.
John is a citizen of the US. He enters into a contact with a French catering company called "Amuse Bouche" that caters events. They fail to fulfill their contract obligations to him. He looks for the law giving him a right to get a remedy (i.e., money damages). This dispute on its face appears to be a question of: a. Public international law. b. International norms. c. Private international law. d. Ratification.
c. Private international law.
ABC Company makes furniture. It seeks to protect itself to the greatest extent possible from the expense and time of litigation by injured users of its product. It will likely place alternate dispute resolution clause on the back of each item of furniture that states injured user-purchasers parties must _____ for any claims for personal injury: a. Negotiate. b. Assert and prove personal jurisdiction over ABC. c. Mediate. d. Arbitrate.
d. Arbitrate.
Nations that agree in writing in advance to submit certain cases to the ICJ are said to have submitted to ______. a. Diplomatic protection. b. Universal jurisdiction. c. Nationality jurisdiction. d. Compulsory jurisdiction
d. Compulsory jurisdiction
A plaintiff in a lawsuit in a state court must prove that an individual or corporate defendant sued in the lawsuit has ______ in order to obtain personal jurisdiction over that defendant. a. Owns property in that state. b. An intent to do business in the forum. c. Derives at least $100,000 or more in revenues (or another amount set by state law) from operating in that state. d. Minimum contacts with the forum state.
d. Minimum contacts with the forum state.
An example of a treaty automatically creating legal rights in the courts of a signatory state includes: a. UN Convention Against Corruption. b. United Nations Charter. c. Alien Tort Statute. d. Montreal Convention for the Unification of Certain Rules for International Carriage by Air.
d. Montreal Convention for the Unification of Certain Rules for International Carriage by Air.
Nigeria is a member of the United Nations. As all members of the UN, it has ratified the Charter of the UN. It has a border despite with Chad that sues Nigeria in the International Court of Justice seeking an adjustment of its borders. Must Nigeria as a member be bound by the future decision of the ICJ in that case? a. Yes, if it has agreed in advance to compulsory jurisdiction on the subject matter, e.g., border disputes. b. Yes. c. No, unless its national legislature has rendered the Charter null and void by abrogation. d. No, if it terminates any prior agreement to compulsory jurisdiction.
d. No, if it terminates any prior agreement to compulsory jurisdiction.
Boeing Company in the US has a contract with Air France located in Paris to sell Air France 20 aircrafts it makes. Is this contract covered by CISG? a. Yes, if France and US are both signatories to CISG. b. Yes, if France is a signatory to the CISG. c. Yes, if US is a signatory to CISG. d. No.
d. No.
Both the UCC and the CISG allow a seller to cure a ____ within a reasonable time. a. Fundamental breach of any kind. b. Breach of parol evidence rule. c. Breach of mailbox rule. d. Nonconforming shipment.
d. Nonconforming shipment.
A US citizen (individual or company) owes a duty to pay income taxes no matter where the income was earned. Which is the basis for exercise of this power to collect such tax by the United States? a. Nationality jurisdiction. b. Territorial jurisdiction. c. Universal jurisdiction. d. Protective jurisdiction
a. Nationality jurisdiction.
Venezuela provides a recent example of a host state attempting to restructure its economy by transferring foreign investor assets to itself. This is called: a. Nationalization b. Local participation c. Foreign direct investment d. Infringement
a. Nationalization
A multinational, private German company makes cars in many locations around the world. The parent company in Berlin owns many foreign subsidiaries that provide car manufacturing and related service to other subsidiaries and joint ventures. A wholly-owned subsidiary in New York provides component manufacturing services and sells them to an unrelated company in California. There is a dispute under that contract, and the California company sues the US subsidiary (USS) and also the German parent company in California court. The Berlin parent company (BP) claims no personal jurisdiction exists over either USS or BP and tries to dismiss the case on that basis. You are the judge, what issues do you focus on to decide the case. How do you decide and why? a. Personal jurisdiction exists over BP and USS. b. BP only can be dismissed from the case for lack of jurisdiction. c. Personal jurisdiction exists over BP. d. The case must be dismissed for lack of subject matter jurisdiction.
b. BP only can be dismissed from the case for lack of jurisdiction.
The CISG governs: a. The formation of an international contract and obligations of the parties under the contract. b. Whether the party to a contract has made a fair deal. c. Whether a party to the contract is guilty of fraud or misrepresentation. d. Whether a party to an international contract is legally competent.
a. The formation of an international contract and obligations of the parties under the contract.
Which statement below is true? a. An arbitrator helps/facilitates the parties to enter into their own settlement agreement. b. An arbitrator makes a final and binding award between the parties. c. Parties can never agree to both mediate and arbitrate the same dispute. d. A mediator makes a final and binding award between the parties
b. An arbitrator makes a final and binding award between the parties.
In the legal systems of the United Kingdom and United States, the reasoned decisions of judges become the law controlling the case, and the precedent of similar cases is binding on future cases. This is called: a. Sharia-based legal system. b. The common law system. c. Mixed civil law system. d. Civil law system.
b. The common law system.
Which item below gives federal courts in the United States jurisdiction over civil claims for damages brought by non-US citizens for torts committed against them by other non-citizens outside the US? a. Decisions by the International Court of Justice (ICJ). b. US Alien Tort Statute. c. United Nations Charter. d. Law merchant.
b. US Alien Tort Statute.
A written and binding agreement between three or more countries given effect under international law is best described as a(n): a. Convention. b. Multilateral treaty. c. An international contract. d. Bilateral treaty.
b. Multilateral treaty.
Joel is the leader of a criminal gang responsible for robbing over a dozen banks in Italy, killing several policemen, and in general terrorizing communities all over northern Italy. He is finally caught by the police. Can he be prosecuted in the International Criminal Court (ICC)? a. No. b. Yes, since he committed a crime covered by that court located in Rome since a major violation of Italian law. c. Yes, but only if he is not an Italian citizen. d. Yes, without condition or restriction.
a. No.
The _______ states that a court may not consider evidence or oral statements made prior to or at the time of contracting that vary or contradict the clear, unambiguous terms in a written contract. a. "Battle of the Forms" b. Mirror image rule c. Parol evidence rule d. Mailbox rule
c. Parol evidence rule
The CISG does not incorporate the: a. Concept of fundamental breach of contract unless agreed to be the parties in the contract. b. Concept of a warranty made by a seller of goods. c. Parol evidence rule. d. Mirror image rule.
c. Parol evidence rule.
ABC Company owns and manufactures appliances from its plant in Arlington, Virginia. It decides to open a new operation in Chile under Chilean law making appliances and selects William to be its local partner in Chile. William invests 20% of his own money of total startup costs for the Chilean entity, which is called a: a. Wholly-owned subsidiary b. Multinational company c. Foreign branch d. Joint venture
d. Joint venture
A nation has clear power over all persons (citizens and non-citizens), places and power within its geographical area, airspace or defined waters. This states the principle of: a. Territorial jurisdiction. b. Protective jurisdiction. c. Passive personality jurisdiction. d. Universal jurisdiction.
a. Territorial jurisdiction.
Allen is a US citizen. He is a pirate and roams the Caribbean in his vessel with his fellow pirates looking for a vessel to attack. The "American Glory" is a vessel registered and operating under US laws. Allen's group of pirates boards that vessel and robs the passengers of all their cash and valuables. Allen departs the vessel with his loot and ultimately is captured in Brazil a month later where he is hiding out. He can be prosecuted in Brazil in the basis of the courts: a. Universal jurisdiction. b. Protective jurisdiction. c. Nationality jurisdiction but only if at least one of the injured passenger was a citizen of Brazil. d. Territorial jurisdiction.
a. Universal jurisdiction.
Company A owns intellectual property (IP) and agrees in writing to let Company B use that property for a specified purpose only. Company A and Company B are (in order): a. Licensee and licensee b. Licensee and licensor c. Licensor and licensee d. Franchisor and franchisee Hide Feedback
c. Licensor and licensee
When one party to a contract fails to perform, the contract does not end automatically but the other party may as a result declare ______ of the contract. a. An avoidance (tantamount to a termination) of the contract b. A right to claim liquidated damages in a "reasonable amount" as a result even if not provided for in contract. c. An immediate right to collect 150% if its lost profits d. An amendment of the contract unilaterally to other terms
a. An avoidance (tantamount to a termination) of the contract
Currency controls in a host state may restrict or prohibit the foreign investor from: a. Repatriating profits to home state. b. Repatriating profits to any local investor in a host state joint venture. c. Achieving "excess profits" from host state operations as defined by its state law. d. Using exchange rates to their benefit
a. Repatriating profits to home state
The Foreign Sovereign Immunities Act of 1976 generally prohibits jurisdiction by US courts to hear lawsuits filed against a foreign state unless an exception exists to that principle such as: a. Universal jurisdiction. b. Commercial activity. c. The foreign state defendant allows US companies to be sued in that foreign state. d. Act of state.
b. Commercial activity.
Which term below is a type of currency risk related to fluctuations in relative value of two currencies when buyer and seller are in different countries? a. Quotas b. Exchange rate risk c. Shipment risk d. Currency controls in seller's country
b. Exchange rate risk
Non-tariff barriers to foreign trade include _______, which are used to quantitatively restrict the number of defined items that can enter into a country: a. an import duty or tax b. environmental regulations c. industrial standards d. quotas
d. quotas
The most important international IP organization fostering government cooperation in developing IP policies and laws and assisting in the resolution of disputes via arbitration is: a. World Intellectual Property Organization b. United Nations c. International Center for Intellectual Property Dispute Resolution d. World Trade Organization
a. World Intellectual Property Organization
Choice of law clauses in international business contracts are often used in conjunction with _____________________. a. Mediation clauses. b. Service of process clauses. c. Payment clauses. d. Forum selection clauses.
d. Forum selection clauses.
The shipment of goods out of country and the rendering of services to a buyer located in a foreign country is called: a. Importing b. Exporting c. Licensing d. Distribution
b. Exporting
Allemande Group is a German company (AG.) It makes computer parts and sells then to a Finland company (FC) that installs them in laptops which it sells to customers worldwide through online efforts and distribution stores. A high school student in New Jersey is injured when his laptop bought from FC online explodes and burns him. He sues AG and FC in New Jersey court. Both companies move to dismiss on the basis of lack of personal jurisdiction. How do you decide and why as the judge? a. Both FC and AG should be dismissed. b. Only FC should be dismissed c. Only AG should be dismissed. d. Neither party should be dismissed
c. Only AG should be dismissed.
California Stove Company (CSC) owns a patent on special technology for making its stoves sold in the United States. CSC decides to license its patented technology to Ecuador United (EU) in that country which also makes appliances. EU will use CSC technology to make the stoves and sell them to customers all over Chile for any price it determines. Under this licensing arrangement, EU pays to CSC an up-front fee of $50,000 for entering into this arrangement. For one year per their license agreement, CSC will receive a 10% royalty on sales revenue generated by EU from sales of its stoves made under the agreement. Over the course of that year, EU sells stoves having a total sales price of $1,000,000 (exclusive of sales taxes) and actually collects $800,000 of that amount from its customers. At the end of the year, EU will have paid CSC in total consideration under their arrangement the amount of: a. $130,000 b. $105,000 c. $1,050,000 d. $150,000
a. $130,000
ABC Company in Memphis makes motorcycles at its plant there. It is considering the benefits of selling its motorcycles in the market of motorcycle riders in Brazil (estimated to be 5,000,000 new potential customers). Which is the LEAST risky way it can enter the Brazilian motor cycle rider market? a. Entering into a foreign sales distribution agreement with a local owner of stores selling motorcycles. b. Use of foreign sales representative in Rio de Janeiro. c. Creating a wholly-owned subsidiary there and constructing a plant for manufacturing. d. Joint venture there to build a large plant with local participation.
a. Entering into a foreign sales distribution agreement with a local owner of stores selling motorcycles
Paul operates a vessel in international waters (i.e., in the high seas) off the coast of Texas. It acts as his floating base for illegal drug manufacturing operations, and after the drugs are made he sells his product to other individuals who come to his vessel and buys the drugs for which they will smuggle into the US and sell illegally. Paul is never at any time on US land, or within the US territorial sea or airspace. However, US law enforcement staff arrest him on the vessel. He is prosecuted in a US court on the basis of that court's: a. Territorial jurisdiction based on "effects" inside US of Paul's acts. b. Protective jurisdiction. c. Nationality jurisdiction. d. Universal jurisdiction.
a. Territorial jurisdiction based on "effects" inside US of Paul's acts.
A US seller offers to sell 500 knives to an Italian homeowner (Carlo) who wants to use them in his house whenever he wants to cut something. Carlo is 17-years old. He has been adjudicated "Not of sound mind" by an Italian court and is "mentally ill" under Italian law. The knives arrive. Carlo has no idea why they are arriving, and refuses to pay. His attorney claims he is not competent and is a minor anyway, so contract is not enforceable at all. The seller sues Carlo in a US court. How do you decide the case? a. Determination of Carlo's competency and enforceability of the contract is a question of US law. b. If CISG cover the contract, its law applies and determines contract enforceability. c. Determination of Carlo's competency and enforceability of the contract is a question of Italian law. d. Under CISG law if applied, a contract entered into by a minor can be rejected always at option of minor so Carlo wins.
c. Determination of Carlo's competency and enforceability of the contract is a question of Italian law.
Salomon Electronics in the United States makes small power generators for kitchen appliances. It distributes these parts through a chain of hardware stores in Mexico called Hardware Supplies of Yucatan (HSY) which "passes" on for re-sale the goods as received from Salomon. HSY customers buy the generators, many which explode or catch on fire when turned on. With a lawyer, these customers sue Salomon in US court for breach of contract, torts and applicable warranties. Salomon moves for transfer of the case to Mexico under forum non conveniens. If you were the judge, what would be the result of this motion? a. Dismiss the case for a lack of universal jurisdiction b. Dismiss the case due to a lack of personal jurisdiction over plaintiffs c. Keep jurisdiction over the case and deny the motion, allowing Mexican plaintiffs their US court trial d. Transfer the case to Mexico by granting the motion
c. Keep jurisdiction over the case and deny the motion, allowing Mexican plaintiffs their US court trial
If you are asked which nations below are NOT a signatory to the Rome Statute of the International Criminal Court, which is your best response? a. Iran. b. United States. c. China. d. None of these three states are signatories.
d. None of these three states are signatories.
Susan is a US citizen. She owns a 50-acre tract of farmland in Mexico. Mexican law enforcement personnel constantly harass her, threaten to arrest her, and eventually detain her in a prison where she was tortured until she agrees to sell her land at a below-market price to local landowner. She angrily returns to the US and writes her elected officials asking the US government to help her and right the wrong she has suffered. Which is her best remedy or at least a place to start with reasonable prospect of a court remedy? a. Filing a lawsuit against Mexico in the International Court of Justice (ICJ). b. Suing the Mexican landowner and Mexico both in US federal court seeking damages. c. Filing a lawsuit against the private landowner in Mexico in the ICJ. d. Seeking diplomatic protection from US government and asking it to file a case seeking damages in the appropriate forum.
d. Seeking diplomatic protection from US government and asking it to file a case seeking damages in the appropriate forum.
The Convention on Contracts for the International Sale of Goods (CISG) general applies: a. To contracts for the international sale of goods (excluding consumer items). b. To contracts for the international sale of goods and services. c. To contracts for the international sale of any goods, including consumer items. d. To only written agreements for the international sale of goods
a. To contracts for the international sale of goods (excluding consumer items).
John wants to go into business as an international trading company like the famous Japanese trading companies. He wants to bring together several US companies that make sporting goods and export their products to Mexico, with the power to determine which products are sold in what areas in Mexico and the prices to be charged to Mexican buyers. What are special US law uses he may need to be made aware of in his efforts? a. If anti-trust law prohibits these activities in Mexico just as US law may do so inside US. b. Labor and employment laws in US and how applied to US manufacturing company compliance with those laws. c. Foreign direct investment policies. d. Restrictions in US law on nationalization in Mexico.
a. If anti-trust law prohibits these activities in Mexico just as US law may do so inside US.
John's Used Car Company states on June 1st to its customer Fred that "We will offer you and your family two red jeeps from our inventory for $50,000 and will hold this open until July 1st." What statement below best describes the ability of the parties to terminate this offer as of June 17th? a. Revocation can be made legally by John's Used Cars. b. John's cannot revoke this offer legally because it is a "firm offer" until July 1 under UCC rules. c. Neither party can terminate or "kill" the offer. d. Fred can revoke the offer.
a. Revocation can be made legally by John's Used Cars.
Raul signs a written lease with ABC Apartments to pay "$1,000 per month" for occupancy. He pays $800 rent the first month of occupancy; ABC sues to collect its $200 in rent. Raul testifies in court that he and the leasing agent has a "gentleman's understanding" that all months were for only $800 in rent. ABC's lawyer objects that this testimony cannot be admitted into evidence and consideration by the jury because of: a. Force majeure clause was in lease. b. Mirror image rule. c. A supervening illegality had occurred to make such testimony illegal. d. Parol evidence rule.
d. Parol evidence rule.
Maine Jeans of Joy, Inc. (MJJ) is in Portland and manufactures blue jeans with its special logo on the jeans and sells them nationwide. It fills an order which is placed on its Internet website by an Idaho company (ZUMA) that is for 50,000 pair of jeans. The jeans are shipped to ZUMA's facility in Boise but are of inferior quality. ZUMA uses local legal counsel to sue MJJ in Idaho State civil court for contract breach. What is the best and most common jurisdictional defense in a typical case like this that MJJ can assert? a. ZUMA has no business presence in Maine and thus no "minimum contacts" there, there must be reciprocity before Idaho court asserts jurisdiction. b. MJJ has no "minimum contacts" with Idaho and thus there is no personal jurisdiction by the Idaho court over it. c. Universal jurisdiction is appropriate. d. The court lacks subject matter jurisdiction over this case.
b. MJJ has no "minimum contacts" with Idaho and thus there is no personal jurisdiction by the Idaho court over it.
Ellen and Ann are sisters. Ellen lives in Tarrant County, Texas and Ann lives in Mexico. They inherit a 200-acre tract of land located in Smith County, Texas. There is very confusing language in the Will left behind by their father and each of them now claims they are the sole owner of the land. Ellen files a lawsuit in Smith County, Texas court asking the court to determine title to the land and claims it must determine such based on the law that she is its sole owner. The Texas court will likely assert that it has _______: a. No jurisdiction to hear this case since the parties both live outside Smith County. b. No personal jurisdiction over Ann who lives in Mexico. c. No personal jurisdiction over Ellen. d. In rem jurisdiction to hear this dispute.
d. In rem jurisdiction to hear this dispute.
Idaho Battery Inc. (IB) makes millions of batteries for generating power for a variety of small consumer items. All batteries are manufactured in Boise, Idaho. It enters into a contract with Juno of Rome, an Italian company owning many department and equipment stores in Italy, whereby Juno sells the batteries made by Idaho Battery to Juno's many customers at store locations. Which statement below is true about this arrangement? a. Juno is a foreign sales representative for Idaho Battery. b. Juno is a foreign sales distributor of IB products and does obtain title to the IB product before they are resold. c. Juno exports directly the IB products to its customers in Italy. d. Juno is a foreign distributor of IB products but never actually has title to the batteries it sells on behalf of Idaho to its customers.
b. Juno is a foreign sales distributor of IB products and does obtain title to the IB product before they are resold.
Mexican Sandals (MS) is a company in Mexico City that makes shoes and sandals. It purchases 5,000 pairs of sandals made by a low-quality sandals manufacturer called Reggio, an Italian company that makes all its products in Rome. MS enters into a contract selling its Reggio-made sandals to ABC Company in the United States. The goods are delivered to ABC Company in Houston with a Certificate of Origin (CO) specifying Mexico as the nation where the sandals were made and which is a requirement for the sandals to receive favorable tariff treatment upon import into the US. The sandals are of poor quality and ABC refuses to pay for them, believing the Certificate of Origin to be false and a misrepresentation. MS sues ABC Company in US court for failure to pay the purchase price. What is the result? a. The court will dismiss the claim since it is contrary to public policy to enforce a contract for payment of "fake" goods. b. The court will order the case transferred to Italy since the shoes were made there. c. The court will apply the terms of the contract and order ABC to pay the agreed purchase price if "reasonable." d. The court will dismiss the case for lack of personal jurisdiction over MS.
a. The court will dismiss the claim since it is contrary to public policy to enforce a contract for payment of "fake" goods.
Joel Filartiga is an outspoken opponent of the regime in political power in Venezuela. He was warned to be quiet but continues to protest against the president. One night he is kidnapped by private "security guards" who work for a wealthy Venezuelan businessman called Pena Irala. He is taken to a basement and tortured. Filartiga eventually escapes and has severe injuries for life. Years later, he learns that Irala is living in Miami. Filartiga sues Irala in federal court under the Alien Tort Statute alleging Irala and his employees committed a tort (e.g., battery, infliction of emotional distress) in violation of the law of nations. Irala says lawsuit must be dismissed and has no merits and ATS does not apply. You are the judge but how do you decide? a. This case is without merit under Sosa precedent which limits claims under ATS to only "well-defined norms 'of international law which principally involve states or nations, and is not a broad grant of jurisdiction for individual plaintiffs seeking relief. b. This case is clearly a valid lawsuit under the holding of Sosa v. Alvarez Machaon which allows a broad interpretation of ATS to protect all international law principles. c. Numerous s
a. This case is without merit under Sosa precedent which limits claims under ATS to only "well-defined norms 'of international law which principally involve states or nations, and is not a broad grant of jurisdiction for individual plaintiffs seeking relief.
ABC Company in the US negotiates a contract with Ajax company (Ajax) located in Finland to sell it tractors. Ajax will sell the tractors through its network of stores in Finland. The parties agree that in the event of a dispute, resolution will be in the courts of Germany located in Berlin. There is a dispute and Ajax files its lawsuit in Berlin. What result is most likely? a. ABC will likely terminate the forum selection clause as allowed in the contract. b. ABC will object that the forum chosen has no relation to the transaction, and thus the clause is invalid, and the court will likely agree. c. ABC will win the case on its merits. d. Ajax will be allowed by the court in Berlin to pursue its claim.
b. ABC will object that the forum chosen has no relation to the transaction, and thus the clause is invalid, and the court will likely agree.
John is in New York. On June 1, he transmits an offer via email to Susan in Boston stating he will sell her his red car for $15,000. She reads it on the 1st and places a letter and check in the mailbox on June 3 accepting his offer. On June 4 he emails her that he has changed his mind. On June 7 he receives in the mail her letter with the check. Is there a contract in effect between them? a. No, because John cannot make a valid offer via email. b. No, since John's revocation of his offer was made before he knew of Susan's acceptance of his offer on the 7th. c. Yes, because John's offer was made with an intent to be bound. d. Yes, because the mailbox rule means Susan's acceptance occurred when her letter was placed in the mail on the 4th.
d. Yes, because the mailbox rule means Susan's acceptance occurred when her letter was placed in the mail on the 4th.
