International Corporate Law Exam Materials - 1349 Verified Questions

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International Corporate Law

Exam Materials

Course Introduction

International Corporate Law explores the legal frameworks, principles, and challenges governing corporations operating across national borders. The course examines the formation, management, and regulation of multinational companies, focusing on comparative corporate governance, cross-border mergers and acquisitions, international securities regulation, and the roles of global regulatory bodies. Students will analyze issues such as jurisdictional conflicts, corporate liability, ethical considerations, and the impact of international treaties and conventions on corporate activities. The course prepares students to understand and navigate the complexities of corporate transactions and compliance in a globalized business environment.

Recommended Textbook

International Business Law and Its Environment 10th Edition by Richard Schaffer

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21 Chapters

1349 Verified Questions

1349 Flashcards

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Chapter 1: Introduction to International Business

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57 Flashcards

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Sample Questions

Q1) A company that makes unauthorized copies of a movie and sells the copies on DVDs is infringing on the movie owner's intellectual property rights.

A)True

B)False

Answer: True

Q2) Which of the following does not accurately characterize export management companies?

A) They act as advisors or consultants.

B) They engage in foreign market research.

C) They exhibit goods at foreign trade shows.

D) They use their extensive sales contracts to market the products of other companies.

Answer: D

Q3) Intellectual property rights are valuable assets that can be licensed to a foreign licensee as a means to penetrate a foreign market rather than establish a wholly owned subsidiary.

A)True

B)False

Answer: True

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Chapter 2: International Law and the World's Legal Systems

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Sample Questions

Q1) Because international law is not dictated by any one legislative body,it is lawmaking by choice and by consent.

A)True

B)False

Answer: True

Q2) The development of international law has a long history that include the customs that have evolved into written statutes recognized by civilized nations.

A)True

B)False

Answer: False

Q3) The Organization for Economic Cooperation and Development (OECD)has developed:

A) codes of conduct for companies and host countries in an attempt to set ethical standards for both.

B) guidelines for interest rates to be charged multinational enterprises.

C) codes of conduct for employee practices for multinational corporations.

D) none of these are correct.

Answer: A

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Chapter 3: Resolving International Commercial Disputes

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Sample Questions

Q1) The realities of international marketplace and the recognition of the importance reducing uncertainty have persuaded many courts:

I.To accept choice of law and forum clauses in international contracts

II.To require mandatory arbitration clauses in international contracts

A) Both I and II.

B) Neither I nor II.

C) I only.

D) II only.

Answer: C

Q2) ADR refers to:

A) Alternative (or Alternate) Dispute Resolution.

B) Alternative Disruption Requirement.

C) A Data Reference System.

D) Atlantic Development Relations.

Answer: A

Q3) The results of a mediation are not binding on either party.

A)True

B)False

Answer: True

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Chapter 4: The Formation and Performance of Contracts for

the Sale of Goods

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Sample Questions

Q1) Under common law,the "mirror image" rule under contracts,require the acceptance by the offeree is definite and unconditional that matches the offer exactly.

A)True

B)False

Q2) Consider the benefits and detriments of a U.S.buyer and a German seller using CISG law for a sales contract.

Q3) Identify at least 10 dissimilarities between the CISG and the UCC and/or U.S.common law.

Q4) Commercial impracticability is an excuse for nonperformance of a contract if it adds more than 20% to the cost of completing performance.

A)True

B)False

Q5) Re-write that contract using U.S.law.

Q6) Draft a CISG article that addresses the interpretation of "bi-lingual" contracts.

Q7) Identify at least 10 similarities between the CISG and the UCC and/or U.S.common law.

Q8) In what ways is the coverage of the CISG and the UCC similar? Different?

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Chapter 5: The Documentary Sale and Terms of Trade

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Sample Questions

Q1) Rich Maes contracts to deliver bison meats to David in Spain on a destination international commercial term.However,while five (5)days out in the Atlantic Ocean,the ship carrying the bison meats sinks due to extreme storm.Under the destination designation the risk of loss is with:

A) seller

B) buyer

C) carrier

D) ship manufacturer

Q2) Most buyers in an international sale are now willing to pay cash in advance in order to reduce credit risk.

A)True

B)False

Q3) Consider when a shipping term as opposed to contradictory contract language will be most persuasive in identifying the type of contract.Vice versa?

Q4) Under Cedar Petrochemicals,Incoterms are incorporated into the body of the CISG and into the contract if the CISG applies to the underlying contract.

A)True

B)False

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Chapter 6: Legal Issues in International Transportation

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Sample Questions

Q1) What are the differences and similarities between a freight forwarder and a non-vessel operating common carrier and the relative benefits of using each?

Q2) Unlike typical marine bills of lading,air waybills are:

A) not legally binding.

B) always electronic.

C) non-negotiable.

D) documents of title.

Q3) Describe how a shipper and the party requesting shipment of goods would frame and address a ship-board fire that destroyed the goods.

Q4) _____ is the term for goods carried aboard ships,and _____ is the term for the price charged to transport the goods.

A) Freight; cargo

B) Cargo; waybill

C) Cargo; freight

D) Freight; carriage

Q5) Only extra-ordinary risks of an ocean voyage are covered in the perils clause.

A)True

B)False

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Chapter 7: Bank Collections and Letters of Credit

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Sample Questions

Q1) Describe the benefits and risks of banker's acceptance financing and accounts receivable financing.Under which form of financing will a bank be liable for defective goods?

Q2) An international draft is an order from the seller to the buyer or the buyer's bank to pay the seller upon delivery of goods or the presentation of documents.Thus,the seller is both:

A) the drawer and the drawee.

B) the drawer and the payee.

C) the drawee and the payee.

D) the seller is only the drawer.

Q3) The type of letter of credit that can be split up between many suppliers,each able to present their own documents for payment and allowing the trader to take his profits from the balance of the credit,is called:

A) an irrevocable credit.

B) a revolving credit.

C) standby credit.

D) transferable credit.

Q4) Compare and contrast the liabilities of a confirming bank and an issuing bank on a letter of credit.

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Chapter 8: National Lawmaking Powers and the Regulation

of USTrade

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Sample Questions

Q1) Describe when the president may and may not act without specific Congressional consent.What are the ramifications of these differences?

Q2) Xerox Corp.manufactured parts for copy machines in the U.S.that were shipped to Mexico for assembly.The copiers were designed to be sold to Latin America and did not operate on U.S.electric current.The copiers after assembly were kept in U.S.customs warehouses pending sale to Latin America.These goods were free of import duty by federal law.The city of Houston,Texas,assessed these copiers with a local property tax.Xerox sued to have this tax declared unconstitutional.The court decided:

I.That Xerox must pay all this tax because state/local governments have taxing powers just like the U.S.

II.That Xerox must pay only one-half since state/local governments are one-half partners with the federal government.

III.That this law is preempted by federal law.

A) I only.

B) II only.

C) III only.

D) Both I and III.

Q3) Weigh the relative value and risks of fast-rack regulation.

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Chapter 9: The World Trade Organization: Basic Legal Principles

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Q1) An example of the GATT/WTO dispute settlement mechanism,Apple can file a complaint against Niger's government non-tariff barrier to limit the importation of iPads to the WTO's Dispute Settlement Body.

A)True

B)False

Q2) An embargo is a country's economic policy response to a trading partner's obstacles to imports.

A)True

B)False

Q3) Under the "national treatment" provisions of GATT,imported products may be regulated and taxed differently than domestic goods after they pass the border and enter a nation's stream of commerce.

A)True

B)False

Q4) Compare and contrast unconditional and conditional MFN trade.

Q5) Draft a document advocating the unilateral elimination of normal trade relations status for countries that do not abide by their WTO commitments.

Q6) Compare and contrast direct and indirect nontariff barriers.

Q7) In what ways are GATT and the WTO similar? Different?

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Chapter 10: Laws Governing Access to Foreign Markets

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Sample Questions

Q1) Only U.S.and Canadian manufacturers may submit their products to independent laboratories for testing in order to attach the CE mark before admitted into the EU.

A)True

B)False

Q2) Which of the following statements about the 1994 General Agreement on Trade in Services is false?

A) It is patterned after the concepts that GATT applies to trade in goods.

B) It expands provisions governing trade in services provided for in the original GATT agreement.

C) It prohibits a requirement that local inventors must own a percentage of a foreign services company.

D) It allows each country to list exceptions to the General Agreement for certain service industries.

Q3) Trade discrimination can occur even when imported and domestic products are treated the same.

A)True

B)False

Q4) Compare and contrast unilateralism with bilateralism.

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Chapter 11: Regulating Import Competition and Unfair Trade

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Sample Questions

Q1) All subsidies are even those that are beneficial to domestic,economic,and social objectives are considered damaging to the international economy.

A)True

B)False

Q2) Under U.S.law,antidumping duties can be imposed where:

I.It is determined that a class of foreign merchandise is being,or likely to be,sold in the U.S.at less than fair value,and a domestic industry is injured as a result.

II.A domestic industry needs protection to update its technology to compete with the dumped product.

A) I only.

B) II only.

C) Both I and II.

D) Neither I nor II.

Q3) Subsidies including domestic subsidies are regulated under the GATT Agreement. A)True

B)False

Q4) "Scenario"

An across-the-board reduction by the United States in the corporate tax rate.

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Chapter 12: Imports,Customs,and Tariff Law

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76 Verified Questions

76 Flashcards

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Sample Questions

Q1) In what ways do the rules regarding textiles and apparel differ from other rules regarding customs classification and valuation? In what ways do they resemble such rules? Consider the underlying justifications.

Q2) An imported item substantially transformed in the United States by the importer before being sold to the ultimate purchaser need not be marked with a foreign country of origin.

A)True

B)False

Q3) There are preference provisions in U.S.tariff laws designed to stimulate the economic progress of less developed nations..

A)True

B)False

Q4) Shipments to be entered must be accompanied by commercial invoices written in English and in the native language of the country of origin to assure that there are no discrepancies.

A)True

B)False

Q5) What types of articles do and do not require marks defining place of origin? What justifies these differences?

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Chapter 13: Export Controls and Sanctions

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Sample Questions

Q1) The two principal agencies that regulate the export of goods from the U.S.are:

A) U.S. Department of Commerce, U.S. Department of State.

B) U.S. Department of Defense, U.S. Bureau of Customs and Border Protection.

C) U.S. Customs Service, Federal Trade Commission.

D) Federal Trade Commission, U.S. Department of Commerce.

Q2) K&L Chemicals is a U.S.-based manufacturer of agricultural chemicals.K&L recently sold two thousand gallons of its most toxic pesticide to Sahara Traders,a company headquartered in the North African desert nation of Chad.Sahara Traders refused to disclose the use that it intended to make of the product and paid cash upon its delivery.Sahara ultimately shipped the pesticide to the North Korean government for use in its chemical weapons program.Is K&L liable for the ultimate transshipment of its pesticide to North Korea? Please explain your answer.

Q3) The U.S.anti boycott laws are applicable to foreign affiliates of U.S.based companies.

A)True

B)False

Q4) Compare and contrast unilateral export controls with multilateral controls.

Q5) Formulas,blueprints,and technical data are subject to controls when exported.

A)True

B)False

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Chapter 14: North American Free Trade Law

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Sample Questions

Q1) Under NAFTA,a customs broker must have an office or residence within the borders of a country in order to do business in that country.

A)True B)False

Q2) Trademarks are not protected under NAFTA and the owner of the trademark must register with the United States,Canada,and Mexico.

A)True B)False

Q3) Compare and contrast the operations of and standards of review employed by a NAFTA and Binational panel.

Q4) A free trade area is a group of two or more sovereign countries in which import duties and other trade barriers are reduced or eliminated.

A)True B)False

Q5) How are the IPR provisions of NAFTA similar or dissimilar to those of TRIPS? Of the U.S.?

Q6) Compare and contrast the NAFTA dispute resolution procedures with those of U.S.courts and the EU.

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Chapter 15: The European Union

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Sample Questions

Q1) The Four Freedoms include:

A) capital.

B) people.

C) goods.

D) all of these are correct.

Q2) Similar to the United States Supreme Court,decisions of the European Court of Justice are issued with the dissenting opinions of the minority ruling judges which are not open to the general public.

A)True

B)False

Q3) The Treaty of Lisbon provides a mechanism for EU states to leave the EU.

A)True

B)False

Q4) The trend for regional economic integration is apparent worldwide.

A)True

B)False

Q5) Write a memorandum advocating for or against the entrance of Turkey into the EU.

Q6) The Four Freedoms include free movement of goods,services,capital and people.

A)True

B)False

Page 17

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Chapter 16: Marketing: Representatives,Advertising,and

Anti-Corruption

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Sample Questions

Q1) Advertising abroad must comply with the legal guidelines established in the home country.

A)True

B)False

Q2) In advertising,a vague or exaggerated claim such as "20% less fat" is called:

A) caveat emptor.

B) false witness.

C) puffing.

D) none of these are correct.

Q3) "Scenario"

A cash payment of $100 made by an agent of Chicago Chemicals Company,a U.S.corporation,to a processing clerk in the Chilean Office of Business Licensing in order to expedite consideration of CCC's application for authority to conduct business operations in Chile.

Q4) The government agency responsible for prosecuting violators of the FCPA is:

A) Department of International Judicial Review.

B) SEC.

C) Department of Justice.

D) SEC and Department of Justice.

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Chapter 17: Protection and Licensing of Intellectual Property

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Sample Questions

Q1) Which of the following is true about fair,reasonable,and nondiscriminatory (FRAND)licensing terms?

A) FRAND licensing applies only in limited circumstances.

B) FRAND licensing has curbed litigation in a meaningful way.

C) FRAND licensing is not practiced in the U.S.

D) None of these are correct.

Q2) Which of the following represent the three regulatory schemes for a technology transfer agreement range from least prohibitive to most prohibitive?

A) Notification/registration, no regulation, preapproval

B) Preapproval, notification/registration, no regulation

C) No regulation, notification/registration, preapproval

D) No regulation, preapproval, notification/registration

Q3) The concept of language politics in systems franchise agreements refers to:

A) the legal system's primary language must be recognized.

B) a country that requires a certain language to be used to conduct business in a certain region.

C) efforts to incorporate the home country's language into standard business practice of the host country are extensive.

D) none of these are correct.

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Chapter 18: The Legal Environment of Foreign Direct Investment

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Sample Questions

Q1) Explain and assess the different methods that a business may employ to reduce the political risk associated with a foreign investment.

Q2) As a general rule,firms are responsible for the torts committed by their foreign subsidiaries under the alien tort claims act but not by their foreign branch offices.

A)True

B)False

Q3) Artificially manipulated pricing between joint venture corporations is known as transfer pricing.

A)True

B)False

Q4) Weigh the relative benefits of political risk insurance from government agencies and private insurers.

Q5) North American and Western European countries generally accept the modern traditional theory of the taking of private property as provided under the "due process" clause of the U.S.Constitution.

A)True

B)False

Q6) Compare and contrast the traditional and modern traditional theory of takings.

Page 20

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Chapter 19: Labor and Employment Discrimination Law

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Sample Questions

Q1) You are an international human resources consultant retained by Pacific Paper Products,a U.S.corporation headquartered in Seattle.PPP recently downsized its operations located in Germany,which resulted in significant layoffs.The basis of this decision was the inability of the German plants to generate sufficient revenues.Although marginally profitable,PPP concluded that it would be fiscally prudent to downsize the facilities.PPP provided ten days written notice to their employees at these facilities prior to their termination.In response,the employees have submitted claims for wrongful discharge.You have been retained to advise PPP's board of directors on the validity of these claims.Did PPP's closure of the plant violate German law? Are the former employees' claims for wrongful discharge valid? Why or why not?

Q2) A number of countries in Europe require a two-tiered board of directors.The two-tiered boards are:

A) a supervisory board and a management board.

B) a minority board and a majority board.

C) an elected board and an appointed board.

D) a labor board and an administrative board.

Q3) Compare and contrast the employee discharge laws in the U.S.with those in Germany.

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21

Chapter 20: Environmental Law

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Sample Questions

Q1) Before a U.S.firm can export hazardous waste to a foreign country,they must have written consent from that government delivered to the U.S.Environmental Protection Agency.

A)True

B)False

Q2) Which of the following laws regulate the export of hazardous materials?

A) GATT.

B) TOSCA.

C) FIFRA.

D) GATT and TOSCA.

E) TOSCA and FIFRA.

Q3) The central problem in environmental law lies in determining which man has created activities that alter the environment to an unacceptable extent.

A)True

B)False

Q4) There is no U.S.law forbidding the export of pesticides banned in the U.S.to foreign countries.

A)True

B)False

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Chapter 21: Regulating the Competitive Environment

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Sample Questions

Q1) Under U.S.antitrust law,the rule of reason applies to situations where:

A) a person must decide to bring a lawsuit or not.

B) through analysis, an action is not found to be anticompetitive.

C) the amount of damages awarded is reasonable.

D) a merger is anticipated and valid if reasonable.

Q2) When evaluating the effect of a merger,the European Union seeks to determine:

A) the impact of the merger by totaling the total number of competitors left.

B) amount of capital invested in the combined companies in relation to the remaining competitors.

C) the compatibility of the merger with the common market, which is presumed if market share will not exceed 25 percent.

D) none of these are correct.

Q3) Through what is called a block exemption,the European Commission grants an automatic competition exemption to a variety of different types of transactions and agreements.

A)True

B)False

Q4) In what ways is the U.S."rule of reason" analysis inappropriate and appropriate under EU competition laws?

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