MGT 352 - Week 1 and 2

The purpose of the pleadings is to:

Notify each of the parties of the claims and defenses of each other

Under the Foreign Corrupt Practices Act, US companies must meet which of the following requirements?

accounting and bookkeeping requirements and internal accounting controls

In a wholly owned subsidiary, the foreign business:

owns the whole operation

The formal statements made to the court by the parties to a case that list their claims and defenses are called:

pleadings

NAFTA is a trading agreement that promotes free trade. Which of these countries is a member?

Canada

The ________ promotes uniformity in laws and discourages legal obstacles to trade

Commission on International Trade Law

The First Amendment limits

Congress from making certain laws restricting freedom of speech.

In U.S. v. King, King was a major investor in OSI, which was working on a land project in Costa Rica. He was accused by the U.S. government of violating the Foreign Corrupt Practices Act (FCPA) by bribing government officials in Costa Rica, in an effort to make the land deal work. The U.S. courts held that King:

Could be sentenced to prison for violating the FCPA

which of the following concerns legal wrongs committed against the government:

Criminal Law

Under the common law, judges usually decide cases based on

Decisions from previous cases

In an affirmative defense:

Defendant admits to the facts claimed by the plaintiff, but offers additional facts

If a dispute may be resolved in a state court only, the state court is said to have:

Exclusive Jurisdiction

Under the Constitution, any ___________ must be disclosed to the defendant.

Exculpatory Evidence

The U.N. which sponsored the CISG, discourages the use of arbitration of disputes that occur under the CISG. The parties must choose the courts of one of the parties to the contract.

False

The standard forum selection clause in international business contracts specifies that in the event of a dispute the matter will be settled at the United Nations Commission on Trade.

False

U.S. companies and their agents are prohibited from bribing foreign officials by the

Foreign Corrupt Practices Act

Which of the following is NOT an Article of the Constitution

all of the other specific choices are Articles of the Constitution

Bankruptcy fraud occurs when:

all of the other specific choices are correct

Racketeering includes:

all of the other specific choices are correct

Securities fraud includes:

all of the other specific choices are correct

Which of the following are part of the federal court system:

all of the other specific choices are correct

Which of the following characteristics differentiates a civil law system from common law.

all of the other specific choices are correct

If a negotiation is conducted properly:

almost nothing said in negotiation will be usable in a later court case

Defenses of insanity and intoxication in criminal cases:

are rarely successful

American firms doing business in other countries:

are subject to the laws of the country in which it does business.

Depositions

are taken before trial, during discovery.

If a company is found guilty of violating the Foreign Corrupt Practices Act, it may face:

fines of up to $2 million per violation plus fines of up to $100,000 for its managers and prison time.

Improperly collecting benefits intended for victims of a natural disaster, such as Hurricane Katrina, is an example of:

government fraud

Sam would like to get a contract with the government of Venezuela. To help get the contract, Sam pays Juan, a Venezuela citizen to use his "influence" to help. Sam know Juan is likely to bribe the government official in charge of the contract. Sam's actions are:

illegal under the Foreign Corrupt Practices Act

When a person deals in a security when in possession of non-public information, and they have an obligation not to reveal or use the information it is:

insider trading

The U.S. Constitution created these branches of the federal government: (1) executive, (2) judicial, and (3):

legislative

Federal judges are appointed for:

life

The Sentencing Guidelines were created to:

make sentencing consistent across the country

A felony is generally defined as a crime that

may be punished by more than a year in prison

If a person engages in illegal activities, such as drug dealing, and one hides the origins of the income, besides tax problems, there may be a crime of:

money laundering

In a victimless crime:

no other party is injured

In Central Hudson Gas and Electric Corp. v. Public Service Comm., the New York utility commission ruled that electric utilities could not advertise to promote the use of electricity. The Supreme Court held that the:

none of the other choices

The commerce clause of the Constitution gives Congress the power to regulate trade:

none of the other choices or with foreign nations and among the states

Both state and federal court systems have lower courts of _________, where disputes are first brought and tried.

original jurisdiction

Which is the correct order of stages for a typical lawsuit:

pleadings, discovery, pretrial, trial, appeals

When judges use decisions from earlier legal cases for guidance in legal cases for guidance in legal principles to solve current cases it is referred to as:

precedent

The Foreign corrupt Practices Act:

prohibits U.S. companies from bribing foreign officials

The fourteenth Amendment protects due process rights and:

provides for equal protection

Article I, Section 1 of the U.S. Constitution:

provides that all power to make laws for the federal government shall be held by Congress

Litigants not satisfied with the decision of a court of limited jurisdiction may:

request a new trial at a court of general jurisdiction

Unlike federal judges, most state judges:

serve for a fixed term

Federal and state constitutions:

set limits on crimes and punishments

The constitution intends for the judiciary to have:

significant independence from the other parts of the government

Failing to file tax return, failing to report all income and overstating expenses are examples of:

tax evasion

Federal courts of limited or special jurisdiction include:

the Court of Appeals for the Federal Circuit

Executive orders are issued by :

the President

Federal judges are nominated by

the President

The most important part of the Constitution with respect to businesses is:

the commerce clause

In the United States, only ______ can bring criminal charges.

the government

If someone is sued in a civil suit, such as in tort for hitting someone on the head with a stick, to find the wrongdoer liable, the jury must find that the injured party was favored by:

the preponderance of the evidence

The Second Amendment of the U.S. Constitution protects:

the right to bear arms

Invasion of privacy, defamation, and trespass are example of civil law under the category of:

tort law

In both federal and state systems, the courts of original jurisdiction are:

trial courts

In recent decades, the share of U.S. gross domestic product in international trade has:

tripled

Commercial sales contracts that use the CISG

usually go to arbitration

Which of the following would not be likely to be considered to be a violent crime:

Burglary

Major source(s) of international commercial law is (are):

commercial laws of individual countries and trade agreements.

The United States Constitution:

has both clear rules and general principles

Among other things, the 14th Amendment protects due process rights and

none of the other choices

Company X contributes to a group that opposes increases in state taxes. State Y has a law that prohibits businesses from donating money when the money may influence how people vote on issues. X challenges the law. A court will likely find:

the law is invalid because it violates the First Amendment rights of the business

Which of the following is NOT an industry that is affected by NAFTA:

all fo the other specific choices are affected by NAFTA

The First Amendment provides protection for which following kinds of speech

all of the other choices

When parties agree to resolve a dispute by arbitration they rely on an arbitrator. An arbitrator is usually:

A neutral expert in the field who may or may not be an attorney

Although NAFTA was signed in 1992, it did not go into effect until:

1994

Approximately how many consumers are in the trade area created by NAFTA?

400 million

There are ________ federal districts in the court system.

94

Which of the following is listed as suspicious activity by the Internal Revenue Service:

All of the other specific choices are correct

In the pleading known as the ________, the defendant will admit, deny, or say that it does not know the truth, with respect to each assertion of the plaintiff.

Answer

Because foreign judicial forums may not be very effective in resolving many international commercial disputes, many companies look to ______ to resolve these disputes.

Arbitration

______ is the most widely recognized form of Alternative Dispute Resolution.

Arbitration

"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause.... " is the:

Fourth Amendment of the Constitution

The U.S. Constitution provides that the judicial power (the court system) is:

In one supreme Court and in lower courts as Congress may establish.

Under a civil law system, judges can:

Initiate proceedings on their own

The ________ is the principal court of the United Nations.

International Court of Justice

A court of limited or special jurisdiction would most likely be:

Probate courts

Contrasted with private law, a good example of public law is:

Securities regulation

In Citizens United, the Supreme Court struck down portions of the McCain-Feingold Act, which limited "electioneering communication" by corporations and unions because:

Since there is no distinction between media and other corporations such restrictions would allow Congress to suppress political speech in all media outlets

Depositions are:

Sworn, in-person testimony of a witness recorded by a court reporter.

The first ten amendments of the U.S. Constitution are called:

The Bill of Rights

Which court(s) in the federal court system uses juries?

The U.S. district courts

The doctrine that protects judges from suits for damages for judicial acts is called:

The doctrine of judicial immunity

A forum selection clause allows the parties to a contract to specify where they wish to litigate a dispute over the contract, should one arise.

True

In Consolidated Edison Co v. Public Service Comm., the Supreme Court held that state utility regulators could impose restrictions on the time, place or manner in which political speech was delivered so long as the restriction was "reasonable."

True

In some matters, such as a dispute between two state governments, the U.s. Supreme Court has original and exclusive jurisdiction.

True

In 2006 Congress ratified the _______, which is supposed to bring international cooperation to corruption enforcement actions.

United Nations Convention Against Corruption

The specific tools of discovery include:

all of the other choices are correct

In addition to judge-made common law, "law" includes

all of the other choices are possible

The Fourth Amendment of the Constitution

a and b

If a business wants to have a bigger presence in international markets, which of the following production options should it consider?

a franchise agreement or a joint venture or a licensing agreement

Statutory law is

a law enacted by a legislative body

A misdemeanor is:

a less serious offense than a felony

An allegation by the defendant that the law furnishes no remedy for plaintiff's claimed injury is known as;

a motion to dismiss for failure to state a claim

When member countries of the World Trade Organization files a dispute with the organization, the dispute will be resolved by:

a three-person arbitration panel

Taken together, the Necessary and Proper Clause and the Commerce Clause, provides justification for:

broad Congressional regulation of business or none of the other choices

Unlike arbitrators, mediators

cannot impose a decision

Congress may change the U.S. Supreme Court's appellate jurisdiction, but it cannot:

change the Court's original jurisdiction conferred upon it by the Constitution

The legal process that resolves disputes among persons, businesses and governments is known as

civil litigation

Criminal Codes

define the scope offenses against the public

Crimes and punishments are

determined by statues passed by federal and state legislatures.

Cases that go to federal court that involve disputes between citizens of different states are commonly referred to as

diversity of citizenship cases