Resolutions IBL quiz
122 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the primary concern of courts and arbitral tribunals?

  • Jurisdiction (correct)
  • Choice of Laws
  • Conflict of Laws
  • Enforcing foreign arbitral awards

    • Why is arbitration favored for international transactions?

  • No enforceability under the NY Convention
  • Potential for quicker decisions (correct)
  • Complex enforcement procedures
  • Limited confidentiality

    • What aspect varies in determining jurisdiction across national laws?

  • Territorial presence only
  • Personal jurisdiction only
  • Both personal jurisdiction and subject matter jurisdiction (correct)
  • Subject matter jurisdiction only

    • Which legal system emphasizes technical jurisdictional aspects?

    <p>Civil law countries</p> Signup and view all the answers

    What simplifies jurisdictional issues within the European Union?

    <p>Brussels Convention</p> Signup and view all the answers

    Which institutions exist globally for arbitration?

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

    What type of legal philosophy shift did the US experience post-WW2?

    <p>Social realism</p> Signup and view all the answers

    Which legal tradition was influenced by Confucianism in terms of China's legal system?

    <p>East Asian Legal Tradition</p> Signup and view all the answers

    What impact does Islamic law have on business practices in Saudi Arabia and Iran?

    <p>Significant influence</p> Signup and view all the answers

    Which countries were significantly influenced by Western legal systems after periods of isolation and colonial rule?

    <p>Japan, Taiwan, and South Korea</p> Signup and view all the answers

    What is the main reason behind the development of alternative financing methods under Islamic law?

    <p>Prohibition of interest (riba)</p> Signup and view all the answers

    What is a key characteristic of the UK legal profession?

    <p>Tradition and sophistication</p> Signup and view all the answers

    In which country do legal professionals like notaires and huissiers perform specialized tasks that are lacking in the US?

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

    What role do US judges typically fulfill compared to UK judges?

    <p>More active law-making role</p> Signup and view all the answers

    In which areas of law is Islamic law most prominent in Muslim-majority countries outside Saudi Arabia and Iran?

    <p>Family law and morality</p> Signup and view all the answers

    What type of financial instrument, emphasizing risk-sharing, has gained attention in Islamic financing?

    <p>Sukuk bonds</p> Signup and view all the answers

    What is a key difference between common law and civil law contract principles regarding 'fault'?

    <p>Common law contracts emphasize fault-based obligations, while civil law contracts do not consider fault at all.</p> Signup and view all the answers

    Which legal system requires consideration, or a bargained-for exchange, in a contract?

    <p>Common law</p> Signup and view all the answers

    What concept excuses performance in French law due to events beyond the control of the parties?

    <p>Force majeure</p> Signup and view all the answers

    What doctrine deals with conflicts of jurisdiction and allows a court to dismiss a case if another court is more appropriate?

    <p>Forum Non Conveniens</p> Signup and view all the answers

    Which EU objective focuses on removing trade barriers like tariffs and customs duties?

    <p>Free movement of goods and services</p> Signup and view all the answers

    What is crucial for allocating risk in international trade according to the text?

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

    Which legal tradition has its roots in Roman law, canon law, and codification processes?

    <p>Civil Law</p> Signup and view all the answers

    What dictates that documents like bills of lading are equivalent to the goods themselves in a letter of credit?

    <p>Independence principle</p> Signup and view all the answers

    What is the predominant source of law in the common law tradition?

    <p>Precedents and Stare Decisis</p> Signup and view all the answers

    What allows member states some flexibility in implementing EU goals through harmonization?

    <p>EU Legislative Action</p> Signup and view all the answers

    In international business operations, what becomes crucial after dispute resolution?

    <p>Enforcement of Judgments</p> Signup and view all the answers

    What is a core aspect of German contract law that differs from French contract law?

    <p>Culpa en contrahendo</p> Signup and view all the answers

    Which legal system is characterized by judge-made laws and the principle of stare decisis?

    <p>Common Law</p> Signup and view all the answers

    Which entity must interpret their own laws within the context of EU law?

    <p>National courts in the UK</p> Signup and view all the answers

    What historical event led to the establishment of a unified legal system for England and Wales under Henry II?

    <p>Norman Conquest</p> Signup and view all the answers

    What is the primary focus of the text?

    <p>Exploring the influence of lawyers on authoritarianism in various countries.</p> Signup and view all the answers

    Which legal concept extends the reach of common law through trust arrangements in the British Empire?

    <p>'Trust'</p> Signup and view all the answers

    What is a significant factor affecting everything from contract governance to dispute resolution?

    <p>Culture and History</p> Signup and view all the answers

    In which country did the 'Greylord' prosecution take place, highlighting examples of legal corruption?

    <p>United States</p> Signup and view all the answers

    What is the significance of the attorney-client privilege mentioned in the text?

    <p>It encourages clients to seek legal advice and develop strategies.</p> Signup and view all the answers

    'Enforcement prospects' are emphasized in the context of which country's successful arbitral award enforcement?

    <p>'Taiwan'</p> Signup and view all the answers

    'Comparative Law in International Business' stresses the importance of understanding which two kinds of legal traditions?

    <p>'Civil and Common Law'</p> Signup and view all the answers

    How do civil law torts differ from common law torts in terms of strict liability?

    <p>Common law applies strict liability more broadly than civil law.</p> Signup and view all the answers

    What key aspect does negligence focus on in common law tort theories?

    <p>The duty and standard of care.</p> Signup and view all the answers

    Which country's legal system emphasizes oral testimony and cross-examination for evidence gathering?

    <p>United States</p> Signup and view all the answers

    In what case did the conflict between different models of legal professionals arise, as discussed in the text?

    <p>&quot;RENFIELD CORPORATION v.REMY-MARTIN&quot;</p> Signup and view all the answers

    'Keeper of the thing' concept is associated with which legal system's approach to strict liability?

    <p>French civil law</p> Signup and view all the answers

    What is a significant difference between civil law and common law regarding duties to assist others in danger?

    <p>Civil law recognizes a general duty, while common law requires a specific duty.</p> Signup and view all the answers

    Which legal professionals play different roles in evidence gathering between France and the US, as highlighted in the text?

    <p>Notaires and huissiers</p> Signup and view all the answers

    What is one of the grounds for extraterritorial jurisdiction mentioned in the text?

    <p>The Effects Doctrine</p> Signup and view all the answers

    Which high-profile cases are mentioned to illustrate the broad reach of U.S. extraterritorial jurisdiction?

    <p>Alstom and BNP Paribas</p> Signup and view all the answers

    What did the U.S. Supreme Court emphasize in the Morrison v. Australian National Bank case regarding extraterritorial application of laws?

    <p>Clear, explicit statement from Congress</p> Signup and view all the answers

    What trend has been observed post-Enron regarding the integration of ethics into business law?

    <p>A trend towards integrating ethics into the business law framework</p> Signup and view all the answers

    Which instrument demonstrates the evolution from non-binding recommendations to enforceable law in influencing corporate behavior?

    <p>OECD MNE Guidelines</p> Signup and view all the answers

    What significant role has the OECD played in combatting bribery according to the text?

    <p>Playing a significant role in combatting bribery</p> Signup and view all the answers

    What is the purpose of the UN Convention on the International Sale of Goods (CISG)?

    <p>To harmonize legal aspects of domestic sales of goods</p> Signup and view all the answers

    Why is jurisdiction considered foundational in legal matters?

    <p>To ensure courts have the authority to hear a case</p> Signup and view all the answers

    Which legal document simplifies jurisdictional issues within the European Union?

    <p>The Brussels Convention</p> Signup and view all the answers

    What is the advantage of arbitration as a method of dispute resolution?

    <p>Ease of enforcement due to the New York Convention</p> Signup and view all the answers

    In what situation might courts need to apply a law that is not their own?

    <p>When conflict of law rules determine a different jurisdiction's law applies</p> Signup and view all the answers

    What is the main role of mediation in dispute resolution?

    <p>To help parties reach a settlement with the help of a neutral third party</p> Signup and view all the answers

    'Forum Non Conviens' allows courts to dismiss a case if:

    <p>A more appropriate forum is available to the parties</p> Signup and view all the answers

    'New York Convention' primarily relates to:

    <p>Enforcement of arbitral awards internationally</p> Signup and view all the answers

    'Lex mercatoria' was a key issue in which notable case?

    <p>'Pyramids Case'</p> Signup and view all the answers

    Why do multinational enterprises (MNEs) often face challenges navigating legal obligations?

    <p>Differences in legal systems, cultural values, and economic interests among nations</p> Signup and view all the answers

    What is a key reason for favoring arbitration for international transactions?

    <p>Quicker decisions</p> Signup and view all the answers

    Which legal concept simplifies jurisdictional issues within the European Union?

    <p>Brussels Convention</p> Signup and view all the answers

    What do civil law countries emphasize in terms of jurisdictional aspects?

    <p>Technical jurisdictional aspects</p> Signup and view all the answers

    Which legal document is generally easier to enforce across borders compared to court judgments?

    <p>Foreign arbitral awards</p> Signup and view all the answers

    In international business transactions, which criterion varies in determining jurisdiction across national laws?

    <p>Personal jurisdiction</p> Signup and view all the answers

    Which institution plays a role in simplifying jurisdictional issues within the European Union by favoring the defendant's 'home'?

    <p>Brussels Convention</p> Signup and view all the answers

    What is the doctrine that justifies jurisdiction based on the impact of actions on the country asserting jurisdiction?

    <p>Effects Doctrine</p> Signup and view all the answers

    Which case marked a significant limitation on the previous expansion of U.S. extraterritorial jurisdiction?

    <p>Morrison v. Australian National Bank</p> Signup and view all the answers

    What legal concept excuses performance in French law due to events beyond the control of the parties?

    <p>Force Majeure</p> Signup and view all the answers

    Which instrument demonstrates the evolution from non-binding recommendations to enforceable law, influencing corporate behavior?

    <p>OECD MNE Guidelines</p> Signup and view all the answers

    What does the U.S. FCPA primarily address in terms of legal matters?

    <p>Anti-Bribery</p> Signup and view all the answers

    How do Kiobel and Daimler cases contribute to the discussion of extraterritorial application of laws?

    <p>They mark a significant limitation on extraterritorial application.</p> Signup and view all the answers

    What legal philosophy shift did the US experience post-WW2?

    <p>Shift towards social realism</p> Signup and view all the answers

    Which legal tradition was influenced by Confucianism in terms of China's legal system?

    <p>Eastern Asian legal tradition</p> Signup and view all the answers

    What distinguishes the role of judges in China from those in the Western legal systems?

    <p>Chinese legal system does not prioritize judicial independence</p> Signup and view all the answers

    In which countries were Japan, Taiwan, and South Korea significantly influenced by Western legal systems?

    <p>Japan and South Korea</p> Signup and view all the answers

    What is a significant impact of Islamic law on business practices in some countries?

    <p>Significant influence on business practices</p> Signup and view all the answers

    Which concept is central to Islamic finance due to the prohibition of interest?

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

    Which country's legal profession is described as more traditional and sophisticated, with barristers playing a major role?

    <p>United Kingdom</p> Signup and view all the answers

    What is a crucial difference between US judges and French judges?

    <p>US judges act as civil servants.</p> Signup and view all the answers

    In which region do legal professionals influence real-life situations, relationships, and dispute resolution according to the text?

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

    What is a key characteristic of the UK legal profession described in the text?

    <p>Tradition and sophistication with major roles for barristers</p> Signup and view all the answers

    What does the doctrine of Forum Non Conveniens allow a court to do?

    <p>Transfer a case to a more appropriate court</p> Signup and view all the answers

    What is a key consideration highlighted in the text regarding enforcement after dispute resolution?

    <p>The availability of assets for judgment satisfaction</p> Signup and view all the answers

    What is the fundamental difference between civil law and common law traditions according to the text?

    <p>The role of judges in creating law through precedents</p> Signup and view all the answers

    Which historical period saw the emergence of Parliament as a sovereign power in England?

    <p>The Middle Ages</p> Signup and view all the answers

    What was a notable legal innovation that extended the global reach of common law from the 18th century onwards?

    <p>'Trust' arrangements</p> Signup and view all the answers

    In which geographical regions is civil law primarily found?

    <p>Europe, Latin America, Africa, Middle East, Asia</p> Signup and view all the answers

    What is a key aspect emphasized in the text regarding international business operations and legal obligations?

    <p>Navigating cultural differences effectively</p> Signup and view all the answers

    'Stare decisis' refers to a fundamental principle in which legal tradition?

    <p>'Common' law</p> Signup and view all the answers

    'Ignorance of local legal contexts can lead to serious issues,' especially illustrated by which type of international incidents?

    <p>'Cultural' misunderstandings</p> Signup and view all the answers

    What is a key difference between common law and civil law contract principles regarding the concept of 'fault'?

    <p>Common law contracts emphasize fault while civil law contracts do not consider fault.</p> Signup and view all the answers

    Which legal system requires a mutual intention to create legal obligations, manifested through offer and acceptance for a contract to be valid?

    <p>French Law</p> Signup and view all the answers

    What is the main purpose of the EU's core objective regarding the free movement of goods and services?

    <p>To remove trade barriers such as tariffs and customs duties among member states.</p> Signup and view all the answers

    In German law, what concept is introduced for pre-contractual liability that is not present in French law?

    <p>'Culpa en contrahendo'</p> Signup and view all the answers

    What is an essential aspect of the documentary credit system used in international trade financing?

    <p>The independence principle does not dictate equivalence between documents and goods.</p> Signup and view all the answers

    Which option correctly describes a key difference between French and German contract law regarding excuses for non-performance?

    <p>French law recognizes frustration of purpose while German law does not.</p> Signup and view all the answers

    What has been the historical role of Incoterms in international trade?

    <p>To simplify risk allocation and trade terms.</p> Signup and view all the answers

    What concept is emphasized in US law but not commonly recognized in European contract laws?

    <p>Abuse of rights</p> Signup and view all the answers

    What is a significant distinction between common law and civil law concerning consideration in contract formation?

    <p>Common law does not require consideration for a contract, unlike civil law.</p> Signup and view all the answers

    What key aspect differentiates German and French contract laws regarding commercial impracticability?

    <p>German law recognizes commercial impracticability while French law does not.</p> Signup and view all the answers

    What is a key reason why attorney-client privilege is emphasized in the American legal system?

    <p>To protect clients and promote active legal participation</p> Signup and view all the answers

    In which country is in-house counsel not considered part of the bar, impacting their coverage by attorney-client privilege?

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

    What concept in French law differs from common law regarding strict liability, specifically emphasizing the 'keeper of the thing' idea?

    <p>'Gardien de la chose'</p> Signup and view all the answers

    What kind of evidence gathering method does France employ compared to the US?

    <p>Hierarchy of proof and presumptions</p> Signup and view all the answers

    Why did American judges apply a 'functional equivalent' analysis when reconciling differences between French and American legal professionals?

    <p>To harmonize different roles in international cases</p> Signup and view all the answers

    What is a significant difference between common law and civil law regarding tort law's general duty?

    <p>Civil law requires specific duty while common law does not</p> Signup and view all the answers

    What concept is essential for protecting companies and individuals during the discovery process before a trial?

    <p>'Attorney work product'</p> Signup and view all the answers

    What significant challenge does the text acknowledge within the legal profession and judicial system regarding corruption?

    <p>'Endemic court corruption'</p> Signup and view all the answers

    How do differences in evidence gathering between common and civil law systems typically manifest?

    <p>'Common law values oral testimony and cross-examination'</p> Signup and view all the answers

    What does the 'keeper of the thing' concept in French law pertain to?

    <p>Strict liability principles</p> Signup and view all the answers

    Why is jurisdiction crucial in legal matters?

    <p>To ensure a court's authority to hear a case and make a valid decision</p> Signup and view all the answers

    What does the Brussels Convention focus on in relation to jurisdiction?

    <p>Defendant's domicile</p> Signup and view all the answers

    What is a key advantage of arbitration mentioned in the text?

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

    What does mediation involve in dispute resolution?

    <p>Neutral third party settlement assistance</p> Signup and view all the answers

    When might courts need to apply a foreign law according to the text?

    <p>When applying conflict of law rules</p> Signup and view all the answers

    What is the purpose of the doctrine of forum non conveniens?

    <p>To find more suitable forums for cases</p> Signup and view all the answers

    Why is speed considered an advantage of arbitration?

    <p>Results in quicker dispute resolution</p> Signup and view all the answers

    What does 'New York Convention' contribute to arbitration?

    <p>Provides global acceptance for arbitral awards enforcement</p> Signup and view all the answers

    'Enforcement' in legal matters focuses primarily on:

    <p>'Post-Judgment Considerations'</p> Signup and view all the answers

    'Lex mercatoria' was a key issue in which famous case discussed in the text?

    <p>'Pyramids Case'</p> Signup and view all the answers

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser