chapter 2 review/hypo bsad 424

nationality jurisdiction

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. Protective jurisdiction. c. Universal jurisdiction. d. Territorial jurisdiction.

territorial jurisdiction

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. Universal jurisdiction. d. Passive personality jurisdiction.

multilateral treaty

A written and binding agreement between three or more countries given effect under international law is best described as a(n): a. An international contract. b. Bilateral treaty. c. Convention. d. Multilateral treaty.

Universal 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. Protective jurisdiction. b. Territorial jurisdiction. c. Nationality jurisdiction but only if at least one of the injured passenger was a citizen of Brazil. d. Universal jurisdiction.

Montreal Convention for the Unification of Certain Rules for International Carriage by Air.

An example of a treaty automatically creating legal rights in the courts of a signatory state includes: a. Alien Tort Statute. b. UN Convention Against Corruption. c. United Nations Charter. d. Montreal Convention for the Unification of Certain Rules for International Carriage by Air.

none of these three states are signatories

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.

the common law system

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. Mixed civil law system. c. Civil law system. d. The common law system.

no

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. Hide Feedback

private international law

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. Ratification. d. Private international law.

territorial jurisdiction based on "effects" inside US of Paul's acts

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. Nationality jurisdiction. c. Protective jurisdiction. d. Universal jurisdiction.

Seeking diplomatic protection from US government and asking it to file a case seeking damages in the appropriate forum.

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. Filing a lawsuit against the private landowner in Mexico in the ICJ. c. Seeking diplomatic protection from US government and asking it to file a case seeking damages in the appropriate forum. d. Suing the Mexican landowner and Mexico both in US federal court seeking damages.

diplomatic protection

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.

Defined in the Vienna Convention on the Law of Treaties.

The primary source of customary international law rules for interpretation of treaties is: a. Defined in the Vienna Convention on the Law of Treaties. b. Set out in the United Nations Charter. c. Defined in the New York Convention in the Role of Treaties. d. Created by the formal opinions of the International Court of Justice.

compulsory jurisdiction

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.

u.s. alien tort statute

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. United Nations Charter. b. Law merchant. c. US Alien Tort Statute. d. Decisions by the International Court of Justice (ICJ).

No, if it terminates any prior agreement to compulsory jurisdiction

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. No, unless its national legislature has rendered the Charter null and void by abrogation. b. Yes, if it has agreed in advance to compulsory jurisdiction on the subject matter, e.g., border disputes. c. No, if it terminates any prior agreement to compulsory jurisdiction. d. Yes.