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Business law final exam




Question;Question;1;The Paris Convention;a.;Is the seminal patent protection treaty.;b.;Requires national treatment for foreign;trademark and patent applications from signatory countries.;c.;Provides a trademark holder in any signatory;country a twelve-month period of priority within which to make similar;applications in signatory countries.;d.;A, B, and C.;Question;2;In the Civil Rights Act;of 1991, Congress extended Title VII to;I.;U.S. firms operating outside the United States under the control;of a U.S. entity.;II.;U.S. firms operating outside the United States except where;compliance with Title VII would violate the local law of the country where;the firm is located.;III.;Foreign firms operating abroad that employ U.S. citizens.;a.;I only.;b.;I and II.;c.;I and III.;d.;II and III.;Question;3;World Motors assembles;automobiles in the United States from engines produced by its subsidiary;corporation in Country X. In order to shift its tax liability, World Motors;instructs the subsidiary in Country X to overvalue its invoice price of the;engines. This is known as;a.;Foreign source income.;b.;Taxation pricing.;c.;Transfer pricing.;d.;Price discrimination.;Question;4;Under the Foreign;Sovereign Immunities Act, a federal court would not have jurisdiction over a;foreign nation unless;a.;The foreign nation's acts were diplomatic in;nature.;b.;Authority has been granted for the court to;hear the case by the president of the United States.;c.;The foreign government's actions constitute a;commercial activity.;d.;The foreign government committed an act of;state.;Question;5;Under the Foreign;Sovereign Immunities Act, federal courts in the U.S. cannot hear which of the;following cases;a.;The foreign government breached a contract;with the U.S. firm for the sale of goods.;b.;A dispute over the amount of compensation paid;by a foreign government to a U.S. investor when the investor's real estate;was taken to build a national airport.;c.;The foreign government is being sued for money;damages sought as a result of personal injury or death caused by the foreign;government or its agents in the United States.;d.;All of the above are exceptions.;Question;6;In the U.S., an employer;may engage in employee discrimination if it is "reasonably necessary to;the normal operation of the particular business or enterprise," a defense;known as the;a.;bona fide occupational qualification defense.;b.;occupational qualification defense.;c.;occupational exception defense.;d.;bona fide exception defense.;Question;7;Common restrictions;imposed on the use of technology include geographic limitations on the;licensee's manufacturing and/or marketing activities. These types of;restrictions are also known as;a.;Field of use limitations.;b.;Operating limitations.;c.;Non-technical limitations.;d.;Implied effort of cooperation limitations.;Question;8;Many technology owners;have avoided introducing technology or technological products into Brazil because;a.;Spies and foreign agents have been stealing;the technology and selling it to the communist countries.;b.;The market has been too weak to support these;high-tech products.;c.;Brazilian taxes on the introduction of;technology into the country have been prohibitively high.;d.;Technology transfer agreements have been;interpreted under Brazilian law so that the original owner loses many rights;in the technology.;Question;9;TRIPS requires every;member of the World Trade Organization to;a.;Abide by the Paris Convention.;b.;Abide by the Berne Convention.;c.;Apply national treatment to foreign owners of;intellectual property rights.;d.;Provide patent protection for processes.;e.;All of the above.;Question;10;The Chinese government;practices a form of institutional discrimination through the Hukou, which is a;mechanism for determining social entitlements based on;a.;gender.;b.;age.;c.;occupation.;d.;place of residence.;Question;11;The European Commission;has given exemptions in all of the following areas except;a.;Motor vehicle distribution agreements.;b.;Merger agreements.;c.;Patent license agreements.;d.;Exclusive purchasing agreements.;Question;12;Which of the following;Acts created a review process under which mergers, joint venture agreements;and similar transactions must be brought before the Department of Justice for;review before they are concluded?;a.;The Smoot-Hawley Act;b.;The Kyoto Protocol;c.;The Clayton Act;d.;The Hart-Scott-Rodino Act;Question;13;If an agent sells a line;of American-made children's toys to a European toy store chain and it is later;discovered that the toys are dangerous to children, the agent is not held;accountable because this is an example of;a.;product liability.;b.;just cause.;c.;a commission.;d.;None of the above.;Question;14;Which of the following;is prohibited in more countries?;a.;Sexually explicit advertising.;b.;Advertising in a foreign language.;c.;False advertising.;d.;Advertising to children.;Question;15;Which of the following;is one of the challenges faced by African nations that make it difficult for;them to develop and coordinate policies that maintain and improve the;environment?;a.;water scarcity and desertification;b.;land and coastal degradation;c.;political unrest;d.;all of the above;Question;16;In Germany, workers;a.;Can be dismissed at the will of the employer.;b.;Participate in corporate decisions.;c.;Are often represented on boards of directors.;d.;A and B;e.;B and C;Question;17;Which of the following;is NOT one of the primary distinctions between U.S. and foreign labor laws?;a.;Many non-U.S. countries place legal;constraints on employee dismissal that are unfamiliar to the U.S. investor.;b.;When a U.S. investor acquires a foreign;business, by operation of law, it may also be acquiring the foreign;industry's labor arrangements.;c.;Many non-U.S. nations' laws require employee;consultation or participation in management decisions that Americans view as;being the owner's prerogative.;d.;Many American laws require employee;consultation or participation in management decisions that non-U.S.;businesspeople view as being the owner's prerogative.;Question;18;Under Chinese law, a;merger or acquisition qualifies for review if;a.;a transfer of control must occur.;b.;it will result in the acquisition of control;over another undertaking.;c.;it results in the ability to exercise decisive;influence over another undertaking.;d.;all of the above;Question;19;The FCPA was passed in;the United States in the 1970s largely because;a.;The law was requested by many U.S.;corporations in order to allow them to compete more effectively in foreign;markets.;b.;U.S. public opinion and world disdain over;disclosures of hundreds of unethical payments to foreign officials by U.S.;firms.;c.;The law was based on a draft law written by;the United Nations.;d.;An attempt by the U.S. Congress to provide a;more predictable and easily understood law for U.S. firms operating abroad.;Question;20;Which country has been;considered a pioneer in the use of biofuels, particularly ethanol?;a.;Russia;b.;The United States;c.;Brazil;d.;Mexico;Question;21;Transfer agreements in;Japan and some newly developed countries such as Korea require;a.;Notification to the government.;b.;Assurance that the agreement has not be;entered into corruptly.;c.;Approval by the government.;d.;Negotiation between the foreign licensor and;the government.;Question;22;With regard to global;working conditions of child labor and prison labor, which of the following;statements is true?;a.;A few companies, such as Levi-Strauss;Co., have adopted global sourcing guidelines to use only suppliers who do not;make use of child or prison labor.;b.;Efforts to develop WTO trade rules that tie;labor standards to international trade have borne fruit in the new GATT;understandings between industrialized and developing nations.;c.;Section 301 of the U.S Trade Act of 1974 has;been amended to impose tariffs on goods that are produced by child labor or;prison labor.;d.;Since NAFTA, Mexico has made great strides in;making sure that children below the age of 14 are kept in school and not used;in manufacturing operations.;Question;23;The greatest protection;offered to the holder of intellectual property rights comes from;a.;The Uniform Copyright Convention.;b.;The Paris Convention.;c.;The Patent Cooperation Treaty.;d.;Local laws.;Question;24;Copyright protection for;works of authorship available through the Internet is expressly provided by;a.;The Berne Convention.;b.;The WIPO Copyright Treaty.;c.;The TRIPS Agreement.;d.;None of the above.;Question;25;The three regulatory;schemes for a technology transfer agreement range from least prohibitive to;most prohibitive in which of the following choices;a.;Notification/registration, no regulation;preapproval.;b.;Preapproval, notification/registration, no;regulation.;c.;No regulation, notification/registration;preapproval.;d.;No regulation, preapproval;notification/registration.;Question;26;The majority of the;gross domestic product in the U.S. is produced by;a.;Technology industries.;b.;Manufacturing industries.;c.;Trade in services.;d.;Service industries.;Question;27;Judicial review of a;protest of entry is heard in which of the following courts;a.;Federal Trade Court.;b.;Court of International Trade.;c.;Circuit Court of Customs Appeals.;d.;All of the above depending on the level of;review.;Question;28;Goods may be refused;entry into the U.S. by the Bureau of Customs and Border Protection due to;a.;Quarantine to protect the public health.;b.;Embargoed country of origin.;c.;Lack of a commercial invoice.;d.;All of the above.;Question;29;A treaty between two;countries is said to be _______, and a treaty between three or more countries;is said to be _________.;a.;bitreaty, tritreaty;b.;biratified, multiratified;c.;bilateral, multilateral;d.;bitreaty, multitreaty;Question;30;Harmonized tariff;schedules break down product classifications into;a.;6 digits.;b.;8 digits.;c.;10 digits.;d.;12 digits.;Question;31;The illegal placement of;goods or commodities in the hands of an individual for whom an export license;would be denied is known as;a.;Conversion.;b.;Delusion.;c.;Derision.;d.;None of the above.;Question;32;If one is trying to;determine the correct geographical location of a court that has jurisdiction;over a case, he is determining;a.;Jurisprudence.;b.;ADR.;c.;Allocation.;d.;Venue.;Question;33;Which of the following;are not allowed to enter goods into the customs territory of the United States?;a.;The purchaser of the goods.;b.;A customs broker authorized to act on behalf;of the importer.;c.;Nonresident individuals and foreign;corporations.;d.;All of the above may enter goods.;Question;34;The shipment of goods or;rendering of services to a foreign buyer located in a foreign country is;a.;Importing.;b.;Exporting.;c.;Foreign exchange.;d.;A and B.;Question;35;The phrase to describe;when a foreign government's import regulations are not made readily available;to the public or are hidden or disguised in bureaucratic rules or practices is;a.;Bureaucratic procrastination.;b.;Unfair trade practices.;c.;Limited access.;d.;Not transparent;Question;36;In the Crosby v.;National Foreign Trade Council case, the US Supreme Court ruled that the;Massachusetts law that bans state agencies from doing business with Myanmar was;valid under the;a.;Import-Export Clause;b.;None of the above;c.;Supremacy Clause;d.;Commerce Clause;Question;37;Regarding environmental;issues and NAFTA;a.;NAFTA calls for the three countries to work;together to develop common environmental standards.;b.;NAFTA sets strict environmental and ecological;standards for all three countries.;c.;NAFTA countries can continue to ban pesticides;without informing each other.;d.;NAFTA created the NAFTA Commission for;Environmental Cooperation, which acts in a purely advisory role in regard to;environmental issues.;Question;38;When determining whether;personal jurisdiction offends "traditional notions of fair play and;substantial justice," the court evaluates several factors, including;a.;Burden on the defendant.;b.;The plaintiff's interest in having a;convenient forum.;c.;The forum's legitimate interests in the;dispute.;d.;Two of the above.;e.;All of the above.;Question;39;Country-of-origin;information impacts all of the following except;a.;The rate of duty on an import.;b.;The applicability of a quota.;c.;The applicability of a countervailing duty.;d.;The tariff classification of the article.;Question;40;The U.S. law granting;trade preferences to imports from the island nations of the Caribbean and;Central America is called;a.;The Lome Convention.;b.;The Latin American Free Trade Act.;c.;The Caribbean GSP Act.;d.;The Caribbean Basin Economic Recovery Act.;Question;41;Which of the following;is NOT an example of a commonly used trade barrier?;a.;a national industrial standard that drives up;the cost of imported televisions;b.;a tariff on imported oil;c.;a convention on imported children's toys;d.;a tax on imported clothing;Question;42;The appropriate EU court;with original jurisdiction to hear complaints about violation of the European;Convention on Human Rights and the Anti-Torture Convention.;a.;European Court of Human Rights;b.;International Criminal Court;c.;International Court of Justice;d.;European Court of Justice;Question;43;The government agency;responsible for determining the dutiable status of goods is;a.;U.S. Commerce Service.;b.;U.S. Duties & Tax Service.;c.;U.S. Port of Entry Service.;d.;None of the above.;Question;44;Under Section 301, the;United States Trade Representative has the discretion to take retaliatory trade;action in all the following cases except;a.;When a country fails to provide standards for;minimum wage.;b.;When a country permits forced labor.;c.;When a country fails to allow workers the;right to organize and bargain collectively.;d.;When a country has denied the U.S. its rights;under any of the GATT agreements.;Question;45;When the president;decides to impose export controls for national security or foreign policy;reasons, the following businesses may be adversely affected;a.;Farmers whose crops are in short supply.;b.;Businesses who cooperate with Arab nations in;boycotting Israel.;c.;Subsidiaries of U.S. companies having;contracts with nations targeted by U.S. foreign policy.;d.;B and C only.;e.;A, B, and C.;Question;46;Which of the following;does not generally characterize foreign distributors?;a.;They assume the risks of warehousing the;goods.;b.;They are usually located in the country from;which the goods are exported.;c.;The often trail end users of the product.;d.;They are independent firms.;Question;47;Which of the following;statements regarding technical barriers to trade is false?;a.;Despite decades of work by the European Union;thousands of new national standards have arisen.;b.;Japan and the United States have had a long;history of disputes over Japanese technical barriers to trade.;c.;Most standard setting in the European Union;takes place through the European Committee for Standardization.;d.;Japanese technical regulations and standards;are readily available to importers and exporters.;e.;All of the above are true.;Question;48;The UN's Guiding;Principles for Business on Human Rights Article 23 states all of the;followingexcept;a.;Businesses should treat the risk of causing or;contributing to gross human rights abuses as a legal compliance issues;wherever they operate.;b.;Businesses should seek ways to honor the;principles of internationally recognized human rights when faced with;conflicting requirements.;c.;Businesses should seek to comply with the laws;of their home country before considering internationally recognized human;rights.;d.;Businesses should comply with all applicable;laws and respect internationally recognized human rights, wherever they;operate.;Question;50;Thailand's import;restrictions on cigarettes;a.;Were justified in the interest of public;health.;b.;Were justified under GATT article XI as;protection of domestic agriculture.;c.;Were not justified under GATT article XI as;protection of domestic agriculture.;d.;Were not justified because they violated the;principle of free trade.


Paper#58843 | Written in 18-Jul-2015

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