122 Questions
What is the primary concern of courts and arbitral tribunals?
Jurisdiction
Why is arbitration favored for international transactions?
Potential for quicker decisions
What aspect varies in determining jurisdiction across national laws?
Both personal jurisdiction and subject matter jurisdiction
Which legal system emphasizes technical jurisdictional aspects?
Civil law countries
What simplifies jurisdictional issues within the European Union?
Brussels Convention
Which institutions exist globally for arbitration?
ICC
What type of legal philosophy shift did the US experience post-WW2?
Social realism
Which legal tradition was influenced by Confucianism in terms of China's legal system?
East Asian Legal Tradition
What impact does Islamic law have on business practices in Saudi Arabia and Iran?
Significant influence
Which countries were significantly influenced by Western legal systems after periods of isolation and colonial rule?
Japan, Taiwan, and South Korea
What is the main reason behind the development of alternative financing methods under Islamic law?
Prohibition of interest (riba)
What is a key characteristic of the UK legal profession?
Tradition and sophistication
In which country do legal professionals like notaires and huissiers perform specialized tasks that are lacking in the US?
France
What role do US judges typically fulfill compared to UK judges?
More active law-making role
In which areas of law is Islamic law most prominent in Muslim-majority countries outside Saudi Arabia and Iran?
Family law and morality
What type of financial instrument, emphasizing risk-sharing, has gained attention in Islamic financing?
Sukuk bonds
What is a key difference between common law and civil law contract principles regarding 'fault'?
Common law contracts emphasize fault-based obligations, while civil law contracts do not consider fault at all.
Which legal system requires consideration, or a bargained-for exchange, in a contract?
Common law
What concept excuses performance in French law due to events beyond the control of the parties?
Force majeure
What doctrine deals with conflicts of jurisdiction and allows a court to dismiss a case if another court is more appropriate?
Forum Non Conveniens
Which EU objective focuses on removing trade barriers like tariffs and customs duties?
Free movement of goods and services
What is crucial for allocating risk in international trade according to the text?
Incoterms
Which legal tradition has its roots in Roman law, canon law, and codification processes?
Civil Law
What dictates that documents like bills of lading are equivalent to the goods themselves in a letter of credit?
Independence principle
What is the predominant source of law in the common law tradition?
Precedents and Stare Decisis
What allows member states some flexibility in implementing EU goals through harmonization?
EU Legislative Action
In international business operations, what becomes crucial after dispute resolution?
Enforcement of Judgments
What is a core aspect of German contract law that differs from French contract law?
Culpa en contrahendo
Which legal system is characterized by judge-made laws and the principle of stare decisis?
Common Law
Which entity must interpret their own laws within the context of EU law?
National courts in the UK
What historical event led to the establishment of a unified legal system for England and Wales under Henry II?
Norman Conquest
What is the primary focus of the text?
Exploring the influence of lawyers on authoritarianism in various countries.
Which legal concept extends the reach of common law through trust arrangements in the British Empire?
'Trust'
What is a significant factor affecting everything from contract governance to dispute resolution?
Culture and History
In which country did the 'Greylord' prosecution take place, highlighting examples of legal corruption?
United States
What is the significance of the attorney-client privilege mentioned in the text?
It encourages clients to seek legal advice and develop strategies.
'Enforcement prospects' are emphasized in the context of which country's successful arbitral award enforcement?
'Taiwan'
'Comparative Law in International Business' stresses the importance of understanding which two kinds of legal traditions?
'Civil and Common Law'
How do civil law torts differ from common law torts in terms of strict liability?
Common law applies strict liability more broadly than civil law.
What key aspect does negligence focus on in common law tort theories?
The duty and standard of care.
Which country's legal system emphasizes oral testimony and cross-examination for evidence gathering?
United States
In what case did the conflict between different models of legal professionals arise, as discussed in the text?
"RENFIELD CORPORATION v.REMY-MARTIN"
'Keeper of the thing' concept is associated with which legal system's approach to strict liability?
French civil law
What is a significant difference between civil law and common law regarding duties to assist others in danger?
Civil law recognizes a general duty, while common law requires a specific duty.
Which legal professionals play different roles in evidence gathering between France and the US, as highlighted in the text?
Notaires and huissiers
What is one of the grounds for extraterritorial jurisdiction mentioned in the text?
The Effects Doctrine
Which high-profile cases are mentioned to illustrate the broad reach of U.S. extraterritorial jurisdiction?
Alstom and BNP Paribas
What did the U.S. Supreme Court emphasize in the Morrison v. Australian National Bank case regarding extraterritorial application of laws?
Clear, explicit statement from Congress
What trend has been observed post-Enron regarding the integration of ethics into business law?
A trend towards integrating ethics into the business law framework
Which instrument demonstrates the evolution from non-binding recommendations to enforceable law in influencing corporate behavior?
OECD MNE Guidelines
What significant role has the OECD played in combatting bribery according to the text?
Playing a significant role in combatting bribery
What is the purpose of the UN Convention on the International Sale of Goods (CISG)?
To harmonize legal aspects of domestic sales of goods
Why is jurisdiction considered foundational in legal matters?
To ensure courts have the authority to hear a case
Which legal document simplifies jurisdictional issues within the European Union?
The Brussels Convention
What is the advantage of arbitration as a method of dispute resolution?
Ease of enforcement due to the New York Convention
In what situation might courts need to apply a law that is not their own?
When conflict of law rules determine a different jurisdiction's law applies
What is the main role of mediation in dispute resolution?
To help parties reach a settlement with the help of a neutral third party
'Forum Non Conviens' allows courts to dismiss a case if:
A more appropriate forum is available to the parties
'New York Convention' primarily relates to:
Enforcement of arbitral awards internationally
'Lex mercatoria' was a key issue in which notable case?
'Pyramids Case'
Why do multinational enterprises (MNEs) often face challenges navigating legal obligations?
Differences in legal systems, cultural values, and economic interests among nations
What is a key reason for favoring arbitration for international transactions?
Quicker decisions
Which legal concept simplifies jurisdictional issues within the European Union?
Brussels Convention
What do civil law countries emphasize in terms of jurisdictional aspects?
Technical jurisdictional aspects
Which legal document is generally easier to enforce across borders compared to court judgments?
Foreign arbitral awards
In international business transactions, which criterion varies in determining jurisdiction across national laws?
Personal jurisdiction
Which institution plays a role in simplifying jurisdictional issues within the European Union by favoring the defendant's 'home'?
Brussels Convention
What is the doctrine that justifies jurisdiction based on the impact of actions on the country asserting jurisdiction?
Effects Doctrine
Which case marked a significant limitation on the previous expansion of U.S. extraterritorial jurisdiction?
Morrison v. Australian National Bank
What legal concept excuses performance in French law due to events beyond the control of the parties?
Force Majeure
Which instrument demonstrates the evolution from non-binding recommendations to enforceable law, influencing corporate behavior?
OECD MNE Guidelines
What does the U.S. FCPA primarily address in terms of legal matters?
Anti-Bribery
How do Kiobel and Daimler cases contribute to the discussion of extraterritorial application of laws?
They mark a significant limitation on extraterritorial application.
What legal philosophy shift did the US experience post-WW2?
Shift towards social realism
Which legal tradition was influenced by Confucianism in terms of China's legal system?
Eastern Asian legal tradition
What distinguishes the role of judges in China from those in the Western legal systems?
Chinese legal system does not prioritize judicial independence
In which countries were Japan, Taiwan, and South Korea significantly influenced by Western legal systems?
Japan and South Korea
What is a significant impact of Islamic law on business practices in some countries?
Significant influence on business practices
Which concept is central to Islamic finance due to the prohibition of interest?
Riba
Which country's legal profession is described as more traditional and sophisticated, with barristers playing a major role?
United Kingdom
What is a crucial difference between US judges and French judges?
US judges act as civil servants.
In which region do legal professionals influence real-life situations, relationships, and dispute resolution according to the text?
Asia
What is a key characteristic of the UK legal profession described in the text?
Tradition and sophistication with major roles for barristers
What does the doctrine of Forum Non Conveniens allow a court to do?
Transfer a case to a more appropriate court
What is a key consideration highlighted in the text regarding enforcement after dispute resolution?
The availability of assets for judgment satisfaction
What is the fundamental difference between civil law and common law traditions according to the text?
The role of judges in creating law through precedents
Which historical period saw the emergence of Parliament as a sovereign power in England?
The Middle Ages
What was a notable legal innovation that extended the global reach of common law from the 18th century onwards?
'Trust' arrangements
In which geographical regions is civil law primarily found?
Europe, Latin America, Africa, Middle East, Asia
What is a key aspect emphasized in the text regarding international business operations and legal obligations?
Navigating cultural differences effectively
'Stare decisis' refers to a fundamental principle in which legal tradition?
'Common' law
'Ignorance of local legal contexts can lead to serious issues,' especially illustrated by which type of international incidents?
'Cultural' misunderstandings
What is a key difference between common law and civil law contract principles regarding the concept of 'fault'?
Common law contracts emphasize fault while civil law contracts do not consider fault.
Which legal system requires a mutual intention to create legal obligations, manifested through offer and acceptance for a contract to be valid?
French Law
What is the main purpose of the EU's core objective regarding the free movement of goods and services?
To remove trade barriers such as tariffs and customs duties among member states.
In German law, what concept is introduced for pre-contractual liability that is not present in French law?
'Culpa en contrahendo'
What is an essential aspect of the documentary credit system used in international trade financing?
The independence principle does not dictate equivalence between documents and goods.
Which option correctly describes a key difference between French and German contract law regarding excuses for non-performance?
French law recognizes frustration of purpose while German law does not.
What has been the historical role of Incoterms in international trade?
To simplify risk allocation and trade terms.
What concept is emphasized in US law but not commonly recognized in European contract laws?
Abuse of rights
What is a significant distinction between common law and civil law concerning consideration in contract formation?
Common law does not require consideration for a contract, unlike civil law.
What key aspect differentiates German and French contract laws regarding commercial impracticability?
German law recognizes commercial impracticability while French law does not.
What is a key reason why attorney-client privilege is emphasized in the American legal system?
To protect clients and promote active legal participation
In which country is in-house counsel not considered part of the bar, impacting their coverage by attorney-client privilege?
France
What concept in French law differs from common law regarding strict liability, specifically emphasizing the 'keeper of the thing' idea?
'Gardien de la chose'
What kind of evidence gathering method does France employ compared to the US?
Hierarchy of proof and presumptions
Why did American judges apply a 'functional equivalent' analysis when reconciling differences between French and American legal professionals?
To harmonize different roles in international cases
What is a significant difference between common law and civil law regarding tort law's general duty?
Civil law requires specific duty while common law does not
What concept is essential for protecting companies and individuals during the discovery process before a trial?
'Attorney work product'
What significant challenge does the text acknowledge within the legal profession and judicial system regarding corruption?
'Endemic court corruption'
How do differences in evidence gathering between common and civil law systems typically manifest?
'Common law values oral testimony and cross-examination'
What does the 'keeper of the thing' concept in French law pertain to?
Strict liability principles
Why is jurisdiction crucial in legal matters?
To ensure a court's authority to hear a case and make a valid decision
What does the Brussels Convention focus on in relation to jurisdiction?
Defendant's domicile
What is a key advantage of arbitration mentioned in the text?
Speed
What does mediation involve in dispute resolution?
Neutral third party settlement assistance
When might courts need to apply a foreign law according to the text?
When applying conflict of law rules
What is the purpose of the doctrine of forum non conveniens?
To find more suitable forums for cases
Why is speed considered an advantage of arbitration?
Results in quicker dispute resolution
What does 'New York Convention' contribute to arbitration?
Provides global acceptance for arbitral awards enforcement
'Enforcement' in legal matters focuses primarily on:
'Post-Judgment Considerations'
'Lex mercatoria' was a key issue in which famous case discussed in the text?
'Pyramids Case'
Test your knowledge of the UN Convention on the International Sale of Goods (CISG) and the importance of jurisdiction in international sales. Topics include the harmonized legal framework of CISG, jurisdictional authority, and the significance of national laws.
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