Posted: February 7th, 2022
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Learning Goal: I’m working on a management question and need an explanation and answer to help me learn.1. Which of the following General Agreement on Tariffs and Trade (GATT) principles refers to countries not favoring their domestic products over imported products?A. Elimination of trade barriersB. National treatmentC. NondiscriminationD. ExtraditionE. Expropriation of burdens2. The World Bank, which promotes economic development in poor countries by making loans to finance necessary development projects and programs, was created under the auspices of the United Nations.True or False 3. Which of the following statements about resolving international disputes is true?A. Because differences in languages and legal systems make litigation for international transactions more costly than for domestic ones, arbitration is even more advantageous in the international context.B. The process of arbitration often results in unwanted publicity from open court proceedings.C. The parties to arbitration may agree on a neutral and objective third party to act as the arbitrator only after the dispute arises.D. The use of arbitration is becoming less common as most international businesses have their own methods of resolving international commercial disputes.E. It is easier for disputing parties in the international context to litigate the dispute in a foreign court than to arbitrate.4. Creation of a foreign subsidiary does not pose a risk to the domestic parent firm, which has immunity from foreign laws and the jurisdiction of foreign courts.True or False 5. The China International Economic and Trade Arbitration Commission (CIETAC) will only resolve disputes if the parties have agreed in writing to submit their dispute for arbitration.True or False 6. International sales transactions use a(n) __________, which is a document issued by a carrier, indicating that goods to be shipped have been received by the carrier.A. irrevocable promissory noteB. negotiable instrumentC. irrevocable letter of creditD. bill of ladingE. bill of exchange7. A potential advantage of arbitration is a more streamlined process, when compared to litigating the dispute in a foreign court.True or False 8. The World Intellectual Property Organization (WIPO) Arbitration and Mediation Center hears cases involving corporations, but not individuals.True or False 9. To serve a foreign defendant notice of a lawsuit, a plaintiff suing in the United States may elect to follow the terms of the Hague Service Convention.True or False 10. The burden of persuasion is a legal device used to help determine the rights of the litigating parties.True or False 11. The original defendant may bring a third-party defendant into litigation if __________ without the presence of that party.A. depositions cannot be used as a discovery methodB. a complete determination of a controversy cannot be madeC. a writ of certioraricannot be grantedD. a judgment notwithstanding the verdict cannot be madeE. the presence of jury is needed12. If a lawyer wishes to maximize the potential of the discovery process and reveal the most information, he or she will utilize interrogatories.True or False13. When a complaint is written as John Doe v. XYZ Corporation, “John Doe” is the plaintiff in the case.True or False 14. Discovery procedures are designed to ensure that the results of lawsuits are based on the ability and skill of counsel.True or False 15. Courts of appeal review the written record of the prior proceedings to see if the trial court made any harmful errors.True or False 16. The typical long-arm statute allows a court to obtain jurisdiction over a defendant, even though the process is served beyond its borders, if the defendant __________.A. files a counterclaim against a plaintiffB. owns property within the state that is the subject matter of the lawsuitC. has not obtained a writ of certiorarifrom the state in which he or she currently residesD. has committed a tort outside the state in which the court obtaining jurisdiction is locatedE. qualifies for res judicata17. Identify one reason why trials often end up with a disproportionately high number of jurors who are unemployed or retired.A. Many people believe that justice is only rendered if the jury shares one common conscience.B. All citizens in a free society consider jury duty to be their shared responsibility.C.Many people seek to avoid jury duty because of job pressures or other stress related to serving.D. Courts tend to prefer retired jurors because they have more life experience E. Courts generally believe unemployed jurors are more liberal and open-minded.18. Judicial restraint jurists view the role of a lawyer and the practice of law as that of social reform.True or False 19. A police officer pulls Megan over for speeding. Despite being cooperative, non-threatening, and sober, the police officer orders Megan out of the car and frisks her. The officer finds a small packet of marijuana in Megan’s pocket. After Megan is arrested, her attorney wants to exclude the marijuana from evidence, as the search was illegal. In this case, Megan’s attorney is most likely to file a __________.A. motion for a directed verdict B. motion for a summary judgment C. motion to dismiss for failure to state a cause of actionD. motion in limineE. motion for a judgment on the pleadings20. Identify a true statement about the statute of frauds.A. It addresses fraud in the formation of a contract.B. It does not cover contracts involving an interest in land.C. It applies to contracts that can be performed within one year from the date of agreement.D. It is designed to prevent potential deception from oral contracts.E. It covers sales of goods totaling less than $500 under the Uniform Commercial Code.21. Negligence torts involve deliberate actions that cause injury.True or False 22. Caroline invites Kylie, her colleague, to her house. Caroline legally owns a baby alligator as a pet. While she is visiting, the alligator escapes from its cage and bites Kylie. In this case, which of the following statements is most likely to be true?A. Kylie cannot sue Caroline as she assumed the risk voluntarily.B. The court is likely to impose contributory negligence on CarolineC. The court is likely to impose strict liability on Caroline.D. Kylie can only sue Caroline if the incident occurred outside Caroline’s house.E. Caroline can use the assumption-of-the-risk defense to prove that she is not guilty.23. The doctrine of promissory estoppel creates an exception to the requirement that sales of interests in land must be in writing.True or False 24. KL Decors is an interior design company. Anthony contracts with KL Decors to renovate his home. KL Decors was scheduled to complete the work by January 20, 2019. However, due to improper scheduling it was not able to complete all the finishing details until February 15, 2019. This level of performance most likely amounts to _______.A. complete performance B. significant performanceC. substantial performanceD. full performanceE. nonperformance25. The _______ states that parties to a complete and final written contract cannot introduce oral evidence in court that changes the intended meaning of the written terms.A. parol evidence ruleB. anti-assignment clauseC. duty of performanceD. impossibility of performance ruleE. liquidated damages clause26. Antonio and Fred are playing soccer when Fred accidentally kicks Antonio’s shin. Antonio is seriously injured and is unable to play for at least six months. If Antonio sues Fred, which of the following defenses is Fred most likely to use?A. Cause in factB. Assumption of riskC. Statute of reposeD. Strict liability E. Proximate cause27. Brooke walked up to Kevin, a complete stranger, and demanded that Kevin pay her $1,000 or she would hurt him. In this case, Brooke committed a(n) __________.A. batteryB. assaultC. disparagementD. fraudE. conversion28. An agreement that contains explicit, mutual promises, with each party being both a promisor and a promisee, is a(n) _______.A. implied-in-fact contractB. implied-in-law contractC. bilateral contractD. unenforceable contractE. quasi-contract29. Under the common law of contracts, the terms of an offer must be definite and specific.True or False 30. Kyle and Belinda have lived in their home for 25 years. For the duration of their time in that house, they have used a small cement walkway that passes through a large field to walk to the nearby beach. Gary owns the large field and had paved the cement walkway himself. Recently, Gary decided to build two condominiums on the field, with the walkway dividing them. After noticing Kyle and Belinda using the walkway, he yelled at them and told them that they can never use his walkway again. Gary promptly erected a large gate to prevent Kyle and Belinda from using the walkway. Because the condominiums are so large, there is no other way for Kyle and Belinda to get to the beach. What may allow Kyle and Belinda to continue using the walkway? Explain your answer.31. Sidney Carton, owner of land in fee simple absolute, makes the grant of his land “to Lucie Manette for life then, upon the death of Lucie Manette, to her children in equal share.” At the time of the grant, Sidney Carton has no children or heirs of his own. What interests have been created by this land grant?32. Betty owns an ice cream truck in Texas and is looking for a few new trucks to add to her fleet. She buys three ice cream trucks, each valued at $40,000, from Sven & Mary Ice Cream Trucks. However, when Betty receives the trucks, she finds that they are in a state of disrepair. When preparing to bring a suit against Sven & Mary Ice Cream Trucks, Betty finds out that the partnership was created in Vermont, where Mary lives. Sven lives in Texas. Should Betty file her claim in a state or a federal court?33. What are two advantages of a partnership? 34. What are two disadvantages of a partnership?IntroductionRead the overview below and complete the activities that follow.Recognizing Criminal ConductYou are a deputy attorney general/district attorney. The following fact situation has been brought to you and you must decide which criminal charges are appropriate to file against the defendants.CONCEPT REVIEW:Analyzing the fact situation will require an understanding of the elements which constitute the various crimes that may apply.Case AnalysisRead the case below and answer the questions that follow.Karla has found herself out of work and with no marketable job skills. She is a former beauty contest winner and had been employed as a receptionist at a local bank. Her roommate Jackie works as a kindergarten teacher but her salary is too small to pay 100% of the costs for rent and food. Karla knows that the bank president, Michael, keeps $10,000 in his home so she decides to steal that money. Knowing that Michael will be away for the weekend, she goes to his home, picks the lock on his backdoor and enters his home. In his bedroom she finds his safe but cannot open it. It is also too heavy for her to carry out. Frustrated, she simply leaves without taking anything.Now desperate for money, she runs into Barbara and Pamela, two former friends from her beauty pageant days. They too are jobless and unmarketable. They develop a plan to rob Karla’s former boss on August 8th. The plan includes the purchase of masks and the use of a gun, though they intend it for show and won’t even load it. On August 7th, Barbara purchases the masks and Pamela visits an old boyfriend and while there, steals his pistol. On August 8th, Pamela steals a car making the driver hand over the keys by flashing the gun in his face. The car will be used for transportation to Michael’s home and for the getaway. They intend to sell the car to a chop shop the next day. When the three of them arrive at Michael’s house, they see the FBI is there discussing bank security and that there are six agents on the premises. Karla, Barbara, and Pamela abandon their plan and go back to Karla’s apartment. Karla hides the masks and gun in a box under her bed and takes the car to the chop shop to get whatever cash she can. When she returns, she splits the money with Pamela and Barbara and they decide to go their separate ways never to see each other again.That afternoon, while vacuuming the apartment, Jackie sees the box with the masks and gun. Later, while watching the news, she sees footage of three persons in a car outside Michael’s home, sitting in a car and wearing masks similar to those under Karla’s bed. The news anchor says that the police are investigating and anyone with information regarding the three should call the authorities. Without speaking to Karla, she retrieves the box and incinerates the masks and gun to protect her friend.35. When Karla entered Michael’s home to steal his money, she was guilty of _____.A. larcenyB. embezzlementC. conspiracyD. burglaryE. robbery36. When Jackie incinerates the masks and gun, she is guilty of _____.A. larcenyB. obstruction of justice and being an accessory after the factC. being an accessory after the fact only obstruction of justice onlyD. conspiracy37. Who is directly guilty of the crime of robbery?A. Pamela for stealing the gun, but not for stealing the carB. Pamela, for stealing the gun and the carC. Karla, for breaking into Michael’s homeD. Pamela for stealing the car, but not for stealing the gunE. Jackie, for incinerating the masks and gun without Karla’s permission38. Which of the following is not an overt act which might support a conspiracy to steal from Michael A. Stealing the gunB. Buying the masksC. Hiding the masks and gun under the bedD. Stealing the carE. Driving to Michael’s home39. Has a conspiracy been committed?A. Yes. All of the necessary elements have occurred.B. No. They never entered Michael’s home and nothing was stolen, so no crime was committedC. No. The plan was abandoned before an overt act occurred.D. Yes. The conspiracy was an actionable crime the moment they began discussing the theft.E. No. A conspiracy requires more than three (3) people.40. Who is directly guilty of the crime of larceny?A. Jackie, for incinerating the masks and gun without Karla’s permissionB. Karla, for breaking into Michael’s homeC. Pamela, for stealing the gun and the carD. Pamela for stealing the gun, but not for stealing the carE. Pamela for stealing the car, but not for stealing the gun
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