BLAW ch7
Coffee Company, a U.S. firm, owns property in the Dominican Republic. When the Dominican government seizes the property, the company asks a U.S. court to order the property's return. The court rules that the Dominican Republic is exempt from the court's jurisdiction. This is an application of a. a coercive action. b. the act of state doctrine. c. the doctrine of sovereign immunity. d. the principle of comity.
c
designates the applicablke law
choice-of-law clause
A contract. When dealing w/ different countries, if theres a dispute. Know what currency, how much, etc.
Forum-selection clause
Venezuela seizes the assets of World Oil, Inc., a U.S. firm. World Oil's recovery from Venezuela in a U.S. court may be prevented by a. the act of state doctrine. b. the doctrine of sovereign immunity. c. a court in Venezuela. d. the principle of comity.
a
Equity International Inc., a U.S. firm, and Finance Invest Ltd., a firm in Great Britain, are parties to a contract with a forum-selection clause. The forum specified in the clause must be within the geographic boundaries of a. the United States. b. Great Britain. c. none of the choices. d. a "select" forum, such as a United Nations protectorate.
c
Retail Operations, Inc., a U.S. firm, obtains a judgment in a U.S. court against Shinobu, Ltd., a Japanese business. Whether the court's judgment will be enforced by a court in Japan depends on the Japanese court's application of a. the act of state doctrine. b. the doctrine of sovereign immunity. c. the principle of comity. d. the Foreign Sovereign Immunities Act.
c
The Alien Tort Statute (ATS) allows even foreign citizens to bring civil suits in U.S. courts for injuries caused by violations of international law or a treaty of the U.S. [t/f]
false
The Alien Tort Statute (ATS) allows even foreign citizens to bring civil suits in U.S. courts for injuries caused by violations of international law or a treaty of the U.S
International Tort Claims
- U.S. courts will avoid passing judgement on the validity of public acts committed by a recognized foreign government within its own territory
The act of state doctrine:
- Foreign nations are immune from U.S. jurisdiction under the Foreign Sovereign Immunities Act when certain circumstances are satisfied. Some major exceptions apply
The doctrine of sovereign immunity:
-Nations will defer to and give effect to the laws and judicial decrees of other nations when those laws are consistent with their own
The principle of comity
Nakeya and other foreign citizens allege environmental destruction committed overseas by the government of Cameroon on behalf of Global Mining Company, a U.S. firm. To seek redress for their injuries in a U.S. court, these citizens can a. subject the private company to the provisions of the Sherman Act. b. bring civil suits under the Alien Tort Claims Act. c. file criminal complaints under Title VII of the Civil Rights Act. d. do nothing.
b.
