LET 6e-TB-Ch07
LET 6e-TB-Ch07
LET 6e-TB-Ch07
Chapter 7
International Law in
a Global Economy
TRUE/FALSE QUESTIONS
1.
2.
PAGE:
208
AICPA Legal
TYPE:
PAGE:
209
AICPA Legal
TYPE:
5.
TYPE:
Legal systems around the world are generally divided into common
law and civil law systems.
ANSWER: T
NAT: AACSB Analytic
4.
208
AICPA Legal
3.
PAGE:
PAGE:
209
AICPA Legal
TYPE:
PAGE:
209
AICPA Legal
TYPE:
98
6.
In a civil law system, courts impose only civil sanctions for the
commission of crimes.
ANSWER: F
NAT: AACSB Analytic
PAGE:
209
AICPA Legal
TYPE:
99
7.
8.
210
AICPA Legal
TYPE:
PAGE:
210
AICPA Legal
TYPE:
PAGE:
210
AICPA Legal
TYPE:
PAGE:
210
AICPA Legal
TYPE:
The act of state doctrine provides that only a head of state can make
treaties with another nation.
ANSWER: F
NAT: AACSB Analytic
13.
PAGE:
Under the principle of comity, foreign nations are exempt from the
jurisdiction of U.S. courts.
ANSWER: F
NAT: AACSB Analytic
12.
Under the act of state doctrine, a firm whose assets a foreign government has expropriated may not recover compensatory damages
in a U.S. court.
ANSWER: T
NAT: AACSB Analytic
11.
TYPE:
10.
209
AICPA Legal
9.
PAGE:
PAGE:
210
AICPA Legal
TYPE:
PAGE:
210
AICPA Legal
TYPE:
100
14.
15.
PAGE:
211
AICPA Legal
PAGE:
212
AICPA Legal
TYPE:
PAGE:
213
TYPE:
AICPA Critical Thinking
PAGE:
214
AICPA Legal
TYPE:
21.
20.
TYPE:
19.
18.
TYPE:
17.
The simplest way for a U.S. firm to do business in a foreign mar ket is
to export its products directly to that market.
ANSWER: T
PAGE:
212
NAT: AACSB Reflective AICPA Critical Thinking
16.
TYPE:
PAGE:
214
AICPA Legal
TYPE:
PAGE:
216
TYPE:
101
AICPA Legal
the
responsibilities
ANSWER: F
NAT: AACSB Analytic
PAGE:
216
AICPA Legal
of
international
TYPE:
102
23.
24.
216
AICPA Legal
TYPE:
PAGE:
216
AICPA Legal
TYPE:
25.
PAGE:
The chief aim of the World Trade Organization and other trade
agreements is to maximize trade barriers among their members.
ANSWER: F
PAGE:
217
NAT: AACSB Reflective AICPA Critical Thinking
26.
217
AICPA Legal
TYPE:
PAGE:
218
AICPA Legal
TYPE:
29.
PAGE:
28.
27.
TYPE:
PAGE:
219
AICPA Legal
TYPE:
PAGE:
221
AICPA Legal
TYPE:
103
30.
PAGE:
223
AICPA Legal
TYPE:
104
31.
32.
PAGE:
225
AICPA Legal
TYPE:
PAGE:
225
AICPA Legal
TYPE:
A foreign citizen can bring a civil suit in a U.S. court for a violation of
a treaty of the United States.
ANSWER: T
NAT: AACSB Analytic
35.
TYPE:
34.
225
AICPA Legal
33.
PAGE:
PAGE:
226
AICPA Legal
TYPE:
A U.S. citizen can bring a civil suit in a U.S. court against a U.S. entity
for a tort allegedly committed overseas.
ANSWER: T
NAT: AACSB Analytic
PAGE:
226
AICPA Legal
TYPE:
MULTIPLE-CHOICE QUESTIONS
1.
105
ANSWER: A
PAGE:
208
NAT: AACSB Reflective AICPA Legal
2.
ANSWER: D
PAGE:
208
NAT: AACSB Reflective AICPA Legal
a
a
a
a
bilateral agreement.
lateral agreement.
multilateral agreement.
unilateral agreement.
ANSWER: C
PAGE:
208
NAT: AACSB Reflective AICPA Legal
TYPE:
China and India form an agreement to govern their commercial exchanges with one another. This is
a.
b.
c.
d.
a
a
a
a
bilateral agreement.
lateral agreement.
multilateral agreement.
unilateral agreement.
ANSWER: A
PAGE:
208
NAT: AACSB Reflective AICPA Legal
5.
TYPE:
4.
3.
TYPE:
TYPE:
106
a.
b.
c.
d.
ANSWER: C
NAT: AACSB Analytic
PAGE:
209
AICPA Legal
TYPE:
107
6.
Mexico has a civil law system. In theory, in this system, the courts
a.
b.
c.
d.
ANSWER: B
NAT: AACSB Analytic
7.
PAGE:
209
AICPA Legal
a travesty of justice.
the act of state doctrine.
the doctrine of sovereign immunity.
the principle of comity.
ANSWER: D
PAGE:
210
NAT: AACSB Reflective AICPA Legal
TYPE:
confiscation.
defalcation.
dumping.
expropriation.
ANSWER: D
PAGE:
210
NAT: AACSB Reflective AICPA Legal
9.
8.
TYPE:
TYPE:
confiscation.
defalcation.
dumping.
108
d.
expropriation.
ANSWER: A
PAGE:
210
NAT: AACSB Reflective AICPA Legal
TYPE:
109
10.
Sudan seizes the assets of Triage Medical, Inc., a U.S. firm. Triages
recovery from Sudan in a U.S. court may be prevented by
a.
b.
c.
d.
the
the
the
the
ANSWER: A
PAGE:
210
NAT: AACSB Reflective AICPA Legal
11.
a travesty of justice.
the act of state doctrine.
the doctrine of sovereign immunity.
the principle of comity.
ANSWER: C
PAGE:
211
NAT: AACSB Reflective AICPA Legal
TYPE:
a distribution agreement.
a joint venture.
direct exporting.
licensing.
ANSWER: C
PAGE:
212
NAT: AACSB Reflective AICPA Critical Thinking
13.
12.
TYPE:
TYPE:
a distribution agreement.
a joint venture.
direct exporting.
110
d.
licensing.
ANSWER: A
PAGE:
212
NAT: AACSB Reflective AICPA Critical Thinking
TYPE:
111
14.
a distribution agreement.
establishing a foreign manufacturing facility.
indirect exporting.
licensing.
ANSWER: D
PAGE:
212
NAT: AACSB Reflective AICPA Legal
15.
a distribution agreement.
a joint venture.
direct exporting.
licensing.
ANSWER: D
PAGE:
212
NAT: AACSB Reflective AICPA Critical Thinking
TYPE:
a joint venture.
franchising.
indirect exporting.
licensing.
ANSWER: C
PAGE:
212
NAT: AACSB Reflective AICPA Critical Thinking
17.
16.
TYPE:
TYPE:
do nothing.
assess antidumping duties.
112
c.
d.
ANSWER: D
PAGE:
214
NAT: AACSB Reflective AICPA Legal
18.
ANSWER: C
NAT: AACSB Analytic
PAGE:
214
AICPA Legal
TYPE:
do nothing.
impose quotas, but not tariffs.
impose tariffs, but not quotas.
prohibit the imports.
ANSWER: D
PAGE:
214
NAT: AACSB Reflective AICPA Legal
20.
19.
TYPE:
TYPE:
a dumping duty.
an antidumping duty.
a quota.
a tariff.
ANSWER: C
PAGE:
216
NAT: AACSB Reflective AICPA Legal
TYPE:
113
21.
Vieux Carr S.A., a French firm, imports its goods into the United
States and offers those goods for sale at less than fair value. Fair
value is the price of
a.
b.
c.
d.
ANSWER: B
PAGE:
216
NAT: AACSB Reflective AICPA Legal
22.
an antidumping duty.
a dumping duty.
a quota.
a tariff.
ANSWER: D
NAT: AACSB Analytic
PAGE:
216
AICPA Legal
TYPE:
Wang Ltd., a Chinese firm, imports its goods into the United States
and offers those goods for sale at less than fair value. This is
a.
b.
c.
d.
confiscation.
defalcation.
dumping.
expropriation.
ANSWER: C
PAGE:
216
NAT: AACSB Reflective AICPA Legal
24.
The United States taxes each barrel of imported oil at a flat rate. This
is
a.
b.
c.
d.
23.
TYPE:
TYPE:
The Council of Ministers and the Court of Justice are among the
governing authorities of an international trading organization known
as
a.
b.
c.
d.
the
the
the
the
European Union.
North American Free Trade Agreement.
United Nations.
World Trade Organization.
114
ANSWER: A
NAT: AACSB Analytic
25.
PAGE:
216
AICPA Legal
TYPE:
ANSWER: D
NAT: AACSB Analytic
PAGE:
217
AICPA Legal
TYPE:
115
26.
Sam, or any U.S. citizen, can bring a civil suit in a U.S. court against
a foreign entity for
a.
b.
c.
d.
ANSWER: B
NAT: AACSB Analytic
27.
PAGE:
217
AICPA Legal
a choice-of-forum clause.
a choice-of-law clause.
a force majeure clause.
an arbitration clause.
ANSWER: A
PAGE:
218
NAT: AACSB Reflective AICPA Legal
TYPE:
ANSWER: C
PAGE:
218
NAT: AACSB Reflective AICPA Legal
29.
28.
TYPE:
TYPE:
Quality Energy Company, a U.S. firm, and Royal Petro, a Dutch firm,
enter into a contract that includes an arbitration clause. This clause
must provide that the arbitrator will be
a.
b.
c.
d.
116
ANSWER: A
PAGE:
219
NAT: AACSB Reflective AICPA Legal
30.
the
the
the
the
ANSWER: C
PAGE:
225
NAT: AACSB Reflective AICPA Legal
TYPE:
ANSWER: A
PAGE:
225
NAT: AACSB Reflective AICPA Legal
32.
31.
TYPE:
TYPE:
Two South Korean firms enter into a joint venture in an attempt to increase their market share of the U.S. consumer-electronics market.
American Products, Inc., a U.S. firm, files a suit against the joint venture, alleging that it violates U.S. antitrust laws. Assuming that the
joint venture is not a per se violation of those laws, a U.S. court
could exercise jurisdiction over the firms
a.
b.
c.
d.
117
ANSWER: A
PAGE:
225
NAT: AACSB Reflective AICPA Legal
TYPE:
118
33.
ANSWER: D
PAGE:
225
NAT: AACSB Reflective AICPA Legal
34.
Fabiola, or any foreign citizen, can bring a civil suit in a U.S. court for
a.
b.
c.
d.
ANSWER: B
NAT: AACSB Analytic
35.
TYPE:
PAGE:
226
AICPA Legal
TYPE:
ANSWER: B
PAGE:
226
NAT: AACSB Reflective AICPA Legal
TYPE:
ESSAY QUESTIONS
1.
119
nationalize all assets owned by foreign firms and investors. What can
SIDC do? Can it at least obtain payment for the assets?
ANSWER: If a government decides to seize property within its borders, and not to pay for it, there are few remedies available. This is
of course a confiscation, which results when a government takes
private property for an illegal purpose without paying just
compensation. (An expropriation, by contrast, occurs when a
government seizes private assets or a private business for a legal
purpose and pays for the seizure.) Under most circumstances, it is
unlikely that a confiscating nations courts would order its
government to pay just compensation, even if the court had the
authority to do so. In a case alleging that a foreign government has
wrongfully taken a business firms property, the defendant
government has the burden to prove that the taking was an
expropriation, not a confiscation. But the act of state doctrine can
prevent a firms recovery in a court in the firms home country.
Under that doctrine, a court in one country will not review the
validity of a public act of a recognized foreign government within it
own territory. (Some nations guarantee compensation to foreign
investors in their constitutions, statutes, or treaties. Others (such as
the United States) provide some insurance for their citizens
investments abroad. Claims are often resolved by lump-sum
settlements after negotiations, as between the United States and the
confiscating nation.)
PAGES:
210211
TYPE: N
NAT: AACSB Reflective AICPA Decision Modeling
2.
Savory Cooking Sauces, Inc., a U.S. business firm, makes and sells
distinctively flavored cooking sauces. Although the recipes are
secret, the ingredients could be revealed and the sauces could be
reconstructed with diligent efforts. What can Savory do to prevent its
products from being decoded and pirated abroad?
ANSWER: One possibility is that Savory Cooking Sauces, or any
U.S. firm, or any domestic firm in any nation, can license its recipe,
formula, product, or process to a foreign company to avoid the theft
of the trade secret. The foreign firm would obtain the right to make
and sell the product according to the recipe (or formula, or right to
use the process, or other trade secret) and agree to keep the
information confidential and to pay royalties to the licensing firm.
The royalties might be based on so many cents per unit made or a
120