Legal Systems
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Questions and Answers

What is the main purpose of the discovery process in litigation?

  • To decide on the applicable law
  • To find facts relevant to the case (correct)
  • To determine the jurisdiction of the court
  • To assess the damages incurred
  • What is the primary function of patents?

  • To register trademarks
  • To grant exclusive rights to inventors (correct)
  • To protect trade names
  • To license intellectual property
  • Which international organization works to standardize intellectual property systems?

  • WIPO (correct)
  • TRIPS
  • U.S. Chamber of Commerce
  • Global Innovation Policy Center
  • What is the main challenge faced by the patent system?

    <p>Patent trolls and pirates</p> Signup and view all the answers

    What is the purpose of the Madrid Agreement of 1891?

    <p>To establish a global trademark registry</p> Signup and view all the answers

    What is protected by intellectual property rights?

    <p>A wide range of creative works, inventions, and business identifiers</p> Signup and view all the answers

    What is the significance of the Global Innovation Policy Center's Intellectual Property Index?

    <p>It rates countries based on their intellectual property protection systems</p> Signup and view all the answers

    What is the significance of the Burberry Plaid example?

    <p>It shows the importance of trademark protection</p> Signup and view all the answers

    What is the primary source of legal precedence in a common law system?

    <p>Previous court decisions</p> Signup and view all the answers

    What is the primary purpose of trade names?

    <p>To differentiate products from those of competitors</p> Signup and view all the answers

    What is a key principle of common law systems?

    <p>The rights of the individual exist alongside those of the state</p> Signup and view all the answers

    Which type of intellectual property rights protects tangible property?

    <p>Copyrights</p> Signup and view all the answers

    What is a characteristic of religious law systems?

    <p>They are based on a religious document or source</p> Signup and view all the answers

    What is the main purpose of Incoterms?

    <p>To establish a standard for international trade</p> Signup and view all the answers

    What is a result of a country upholding the rule of law?

    <p>Increased foreign investment</p> Signup and view all the answers

    What is a key feature of adversarial trials in common law systems?

    <p>The trial is structured around a debate between two opposing parties</p> Signup and view all the answers

    What is the focus of antitrust laws?

    <p>Preventing inappropriately large concentrations of power and its abuse</p> Signup and view all the answers

    What is the most common type of intellectual property protection?

    <p>Trade secrets</p> Signup and view all the answers

    What is the primary purpose of case law in common law systems?

    <p>To provide a framework for judicial decision-making</p> Signup and view all the answers

    What is a key difference between common law and civil law systems?

    <p>Common law systems rely on precedent, while civil law systems rely on statutes</p> Signup and view all the answers

    What is the primary purpose of the 2019 Directive on Copyright in the Digital Single Market?

    <p>To protect intellectual property rights in the digital age</p> Signup and view all the answers

    What is the term for laws that prevent inappropriately large concentrations of power and its abuse?

    <p>Antitrust laws</p> Signup and view all the answers

    What is a consequence of a country not upholding the rule of law?

    <p>Decreased protection of human rights and increased corruption</p> Signup and view all the answers

    Which type of intellectual property rights is protected by WIPO and TRIPS?

    <p>Trade names</p> Signup and view all the answers

    What type of obstacles can hinder international trade, according to the content?

    <p>Political, financial, and legal obstacles</p> Signup and view all the answers

    What is the main purpose of strict liability standards in product liability cases?

    <p>To hold the designer or manufacturer liable for damages without proving negligence</p> Signup and view all the answers

    What is the main concern for employees working abroad, according to the content?

    <p>Understanding local laws and regulations</p> Signup and view all the answers

    What is the main issue in the global debate regarding U.S. dolphin-safe tuna labeling?

    <p>The threat to national sovereignty</p> Signup and view all the answers

    What is the primary purpose of the Foreign Corrupt Practices Act (FCPA)?

    <p>To prohibit bribery in international business</p> Signup and view all the answers

    What is a consequence of violating the Foreign Corrupt Practices Act (FCPA)?

    <p>Fines and imprisonment for companies and their officers</p> Signup and view all the answers

    What is the role of the WTO in the global debate regarding U.S. dolphin-safe tuna labeling?

    <p>To ensure the science behind local laws is sound</p> Signup and view all the answers

    What is a consequence of not complying with local laws and regulations for employees working abroad?

    <p>Legal penalties</p> Signup and view all the answers

    Which country has consistently ranked first in the Corruption Perception Index from 2002 to 2017?

    <p>New Zealand</p> Signup and view all the answers

    What is the significance of UNCAC in the context of facilitating payments?

    <p>It allows facilitating payments</p> Signup and view all the answers

    Which country has shown the most improvement in the Corruption Perception Index from 1999 to 2019?

    <p>South Africa</p> Signup and view all the answers

    Which of the following countries has consistently ranked last in the Corruption Perception Index from 2002 to 2017?

    <p>Nigeria</p> Signup and view all the answers

    Which country has the most significant gap in ranking between 2002 and 2017 in the Corruption Perception Index?

    <p>Brazil</p> Signup and view all the answers

    Which country has consistently ranked in the top 5 in the Corruption Perception Index from 2002 to 2017?

    <p>All of the above</p> Signup and view all the answers

    What is the significance of Accounting Law in the context of national legal forces?

    <p>It is a specific national legal force</p> Signup and view all the answers

    Which country has shown a significant improvement in the Corruption Perception Index from 2004 to 2019?

    <p>South Africa</p> Signup and view all the answers

    Study Notes

    • Common Law: relies on previous court decisions and interprets statutes and regulations; more adversarial and flexible than civil law systems
    • Principles of Common Law Systems:
      • Individuals' rights exist alongside those of the state
      • The trial is adversarial
      • The defendant is presumed innocent until proven guilty
      • Case law develops through judgments and precedents
      • Case law co-exists with statute law and a constitution
      • Crimes are punished and civil wrongs are rectified by compensation
    • Religious Law: based on a religious document or source; may prohibit charging interest
    • Rule of Law: countries based on the rule of law encourage foreign investment and protect human rights
    • Intellectual Property Rights:
      • Intellectual Property: creative work or invention protected by patents, trademarks, trade names, copyrights, and trade secrets
      • Patents: government grant giving the inventor exclusive rights to manufacture, exploit, use, and sell an invention
      • Trademarks: shape, color, design, phrase, or sound used to designate and differentiate products
      • Trade Names: name used to designate and differentiate products
      • Copyrights: exclusive legal rights of authors, composers, creators, and publishers to publish and dispose of their work
      • Trade Secrets: information a business wants to hold confidential, including formulas, processes, patterns, and designs

    Standardizing Laws Around the World

    • Incoterms: predefined commercial terms established by the International Chamber of Commerce (e.g., FAS, CIF, CFR)
    • Competition Laws: prevent inappropriately large concentrations of power and its abuse through price-fixing, market sharing, and monopolies
    • Trade Obstacles: political, financial, and legal obstacles, including packaging and language requirements, tariffs, quotas, and voluntary export restraints
    • Tort Law: holds companies and officers liable for product liability and damages caused by products
    • Miscellaneous Laws: employees working abroad must be aware of local laws, and legal penalties may be harsh
    • Foreign Corrupt Practices Act (FCPA): prohibits payments to foreign government officials to receive special treatment
    • Corruption Perception Index: ranks countries based on their perceived levels of corruption (e.g., New Zealand, Denmark, Finland, Singapore)

    Accounting Law

    • Not mentioned in the provided text

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    Explore the different types of legal systems, including common law and civil law. Learn about their characteristics, advantages, and disadvantages.

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