Resolutions IBL quiz
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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 (B)</p> Signup and view all the answers

What simplifies jurisdictional issues within the European Union?

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

Which institutions exist globally for arbitration?

<p>ICC (A)</p> Signup and view all the answers

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

<p>Social realism (B)</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 (C)</p> Signup and view all the answers

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

<p>Significant influence (D)</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 (C)</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) (D)</p> Signup and view all the answers

What is a key characteristic of the UK legal profession?

<p>Tradition and sophistication (A)</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 (D)</p> Signup and view all the answers

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

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

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

<p>Sukuk bonds (D)</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. (D)</p> Signup and view all the answers

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

<p>Common law (B)</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 (C)</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 (C)</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 (D)</p> Signup and view all the answers

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

<p>Incoterms (B)</p> Signup and view all the answers

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

<p>Civil Law (A)</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 (D)</p> Signup and view all the answers

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

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

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

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

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

<p>Enforcement of Judgments (B)</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 (C)</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 (A)</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 (D)</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 (C)</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. (A)</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' (B)</p> Signup and view all the answers

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

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

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

<p>United States (B)</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. (B)</p> Signup and view all the answers

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

<p>'Taiwan' (C)</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' (D)</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. (D)</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. (C)</p> Signup and view all the answers

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

<p>United States (C)</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; (D)</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 (D)</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. (D)</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 (B)</p> Signup and view all the answers

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

<p>The Effects Doctrine (B)</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 (D)</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 (B)</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 (B)</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 (D)</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 (A)</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 (C)</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 (D)</p> Signup and view all the answers

Which legal document simplifies jurisdictional issues within the European Union?

<p>The Brussels Convention (A)</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 (C)</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 (C)</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 (A)</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 (D)</p> Signup and view all the answers

'New York Convention' primarily relates to:

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

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

<p>'Pyramids Case' (A)</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 (C)</p> Signup and view all the answers

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

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

Which legal concept simplifies jurisdictional issues within the European Union?

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

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

<p>Technical jurisdictional aspects (B)</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 (A)</p> Signup and view all the answers

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

<p>Personal jurisdiction (C)</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 (B)</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 (B)</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 (D)</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 (B)</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 (A)</p> Signup and view all the answers

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

<p>Anti-Bribery (C)</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. (C)</p> Signup and view all the answers

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

<p>Shift towards social realism (A)</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 (C)</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 (C)</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 (D)</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 (C)</p> Signup and view all the answers

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

<p>Riba (D)</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 (D)</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. (D)</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 (C)</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 (C)</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 (D)</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 (C)</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 (D)</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 (A)</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 (B)</p> Signup and view all the answers

In which geographical regions is civil law primarily found?

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

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

<p>'Common' law (D)</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 (A)</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. (A)</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 (B)</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. (C)</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' (C)</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. (C)</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. (C)</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. (C)</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 (A)</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. (A)</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. (C)</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 (A)</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 (C)</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' (C)</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 (B)</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 (C)</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 (D)</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' (B)</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' (B)</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' (B)</p> Signup and view all the answers

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

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

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

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

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

<p>Speed (A)</p> Signup and view all the answers

What does mediation involve in dispute resolution?

<p>Neutral third party settlement assistance (D)</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 (C)</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 (B)</p> Signup and view all the answers

Why is speed considered an advantage of arbitration?

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

What does 'New York Convention' contribute to arbitration?

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

'Enforcement' in legal matters focuses primarily on:

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

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

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

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