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34. In the Bhopal, India, disaster, the Union Carbide subsidiary involved was owned 50.9% by the parent company with
headquarters in Connecticut while the other 49.1% was controlled by Indians. The case on behalf of the victims was
started in the U.S. The judge dismissed the case saying it should be tried in India because of:
a. Venue.
b. Rex Nonquam Moritur.
c. Lack of jurisprudence.
d. Forum Non Conveniens.
35. ADR refers to:
a. Alternative (or Alternate) Dispute Resolution.
b. Alternative Disruption Requirement.
c. A Data Reference System.
d. Atlantic Development Relations.
36. One popular form of dispute settlement is arbitration. This is defined as:
a. Rules in admissibility of evidence.
b. Submission for determination of the disputed matter to a private unofficial person selected by agreement.
c. Interlocutory determination by a judge.
d. None of the above.
37. If a U.S. company and an Austrian company end up in a dispute about a contract they entered into that contains an
arbitration clause, a case brought before a U.S. court would:
a. Be heard by the U.S. court since arbitration clauses are not popular with such courts.
b. Be heard by the U.S. court if the U.S. company can show it will be harmed by arbitration.
c. Not be heard by the U.S. court because U.S. courts accept arbitration as a form of dispute resolution.
d. None of the above.
38. There are several reasons that a court will not enforce an arbitration agreement. All of the following are reasons for
not enforcing except:
a. No notice was given.
b. Arbitration was obtained in the incorrect venue.
c. The judgment violates public policy.
d. The arbitration did not follow the agreement.
39. The following are all possible organizations that the parties may use to control the arbitration process except:
a. International Chamber of Commerce.
b. American Arbitration Association.
c. London Court of International Arbitration.
d. U.S. Arbitration Committee.
40. The term mediation when dealing with dispute resolution refers to the situation where:
a. The two disputing parties settle the disagreement by themselves.
b. A third party tries to bring the parties in conflict to a mutually satisfactory solution.
c. The parties in conflict agree to have a court hear only limited evidence.
d. None of the above.
41. The disadvantages of arbitration include:
I. Limited Discovery
II. Limited Rights to Appeal
a. I only.
b. II only.
c. Neither I nor II.
d. Both I and II.
42. In the U.S., jurisdiction is:
I. Defined by the U.S. Constitution
II. Defined by various statutes
a. Both I and II.
b. Neither I nor II.
c. I only.
d. II only.
43. 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. Venue.
c. Allocation.
d. ADR.
44. The realities of international marketplace and the recognition of the importance reducing uncertainty have persuaded
many courts:
I. To accept choice of law and forum clauses in international contracts
II. To require mandatory arbitration clauses in international contracts
a. Both I and II.
b. Neither I nor II.
c. I only.
d. II only.
45. Many factors must be considered in choosing binding arbitration. All of the following should be considered except:
a. Cost.
b. Speed.
c. Enforceability.
d. Complexity.
46. A forum selection clause is:
a. Contrary to public policy because it ousts the court of jurisdiction.
b. Is upheld as long as it is reasonable, negotiated in an arm's length transaction, and absent a compelling reason
not to honor it.
c. Will not be upheld in Japan or the United States.
d. Is upheld as long as it was voluntary.
47. 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.
48. For a federal court to have personal and subject matter jurisdiction the requirement is
a. U.S. citizenship of at least one party
b. The plaintiff is from Hawaii and the defendant is from Sweden
c. The amount of controversy is at least $75,000.00
d. Both b and c.
49. In what ways do the requirements for jurisdiction differ from those of European nations? How are they similar?
50. Compare and contrast the relative benefits of arbitration and court adjudication.
51. Weigh the relative benefits of a foreign citizen bringing suit in the U.S. as compared with bringing suit in her home
state.
52. Compare and contrast the evidentiary rules of the U.S. with those of other nations. Which are more favorable to the
plaintiff? Less favorable?
53. Weigh the benefits and detriments of a business that establishes a global Internet presence.
54. In what ways do forum selection and choice of law clauses serve similar interests? In what ways do they serve
different or unrelated interests?
55. Weigh the relative merits of using ADR and domestic courts in international disputes.
56. Consider the benefits and detriments of ADR in international disputes. (Consider the effect of the process on the
parties.)
57. Many European countries refuse to enforce choice of law or jurisdiction clauses in consumer agreements, while U.S.
courts typically enforce these. Consider the reasons and ramifications of these different approaches.
58. Draft an international treaty pertaining to jurisdiction with respect to companies doing business utilizing the Internet.
59. Write a position paper advocating that jurisdictional choice of law clauses should not be enforced in international
transactions.
60. Write a position paper advocating that jurisdictional choice of law clauses should be enforced in international
transactions.
61. Craft an argument advocating for or against the creation of an international tribunal to address international
commercial disputes between individuals.
62. Outline an on-line Dispute Resolution procedure or body to handle international e-commerce disputes.
63. The Blowout Company is a German corporation and manufacturer of the California Custom tire, a tire that is
compatible with Harley Davidson motorcycles manufactured in the United States. Tofu Granola, a resident of Santa
Cruz, California, purchased a pair of California Custom tires for his Harley. Granola purchased the tires from
Goodstone Tires, Inc., a California corporation, at its store in Half Moon Bay, California. The Blowout Company and
Goodstone provided assistance to their customers through maintenance of a toll-free hotline. Granola subsequently
suffered severe injuries in an accident caused by the separation of the tread on the front tire of his Harley. If
Granola files a lawsuit against Blowout in California state court, does such court have personal jurisdiction over
Blowout? Why or why not?
64. Gertrude Clodfelter, an 80 year old resident of North Dakota, recently filed a lawsuit in Florida against Islander
Cruise Company, a Florida corporation, seeking damages as a result of a fall she suffered in the shower during a
cruise to the Bahamas. The language in Ms. Clodfelter's ticket provided that "Any and all claims arising from injuries
occurring during a cruise shall be filed in and shall be determined pursuant to the laws of the registry of the ship upon
which the injury occurred." This language was located in very fine print in Paragraph 66 of Ms. Clodfelter's cruise
ticket. The ship upon which Ms. Clodfleter was injured is registered in Panama. Furthermore, at the time of Ms.
Clodfelter's purchase of her ticket, a sales agent employed by the cruise line told her: "Don't worry - we're a
reputable company, easy to find and located right here in the United States." Finally, Florida has several statutes
protecting senior citizens from commercial exploitation. Please explain the provisions of Ms. Clodfelter's ticket. Is
this language enforceable? Why or why not?
