JD 387 Test 2

subject Type Homework Help
subject Pages 8
subject Words 1322
subject Authors Filiberto Agusti, Lucien J. Dhooge, Richard Schaffer

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Ocean carriers are not liable for more than $500 per package where the shipper has had:
a. The opportunity to purchase marine insurance.
b. The opportunity to indicate the nature and value of the goods on the bill of lading.
c. The opportunity to declare the value of the goods on the export license.
d. The opportunity to repackage the goods before shipment.
Textile imports are classified according to the fibers that constitute the chief weight of
the article.
a. True
b. False
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.
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d. All of the above depending on the level of review.
If a U.S. buyer wants to avoid a sales contract with an Italian seller, the CISG states that
the U.S. buyer:
a. Can avoid the contract only if there has been a fundamental breach by the Italian
seller.
b. Cannot avoid the sales contract under any circumstances.
c. Can avoid the contract even for minor breaches by the Italian seller.
d. Can avoid if done anytime within 30 days after the goods arrive.
For the most part, trade in textiles and services are not regulated by the GATT system.
a. True
b. False
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A U.S. company sends a purchase order to an Italian shoe company. The Italian shoe
company sends a letter confirming the purchase order. The CISG provides:
a. The acceptance by the Italian company cannot be withdrawn under any
circumstances.
b. The Italian company can withdraw the acceptance if the withdrawal reaches the U.S.
before its acceptance.
c. The acceptance by the Italian company was effective when sent.
d. None of the above is correct.
The GATT escape clause:
a. Allows a country to take temporary corrective action to protect a domestic industry.
b. Allows members who no longer wish to be a part of the WTO to quit.
c. Allows a country to impose tariffs on countries that are engaging in dumping.
d. Allows a country to disaffirm any previous tariffs they have imposed on another
GATT member.
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A binding ruling, issued by the U.S. Bureau of Customs and Border Protection, is
issued with regard to:
a. Penalties imposed for non-payment of duties owed.
b. Advance determination of the dutiable status of goods.
c. Seizure of goods not allowed for import to U.S.
d. All of the above.
An argument that was used in support of NAFTA's passage in the U.S. was that:
a. U.S. shipments to Mexico faced tariffs two-and-a-half times the average U.S. rates.
b. Tougher environmental laws in Mexico would eventually be applied to all three
countries.
c. Lower wages in Mexico would lead to more jobs being created in Mexico.
d. The cultures of all three countries would not be affected by NAFTA.
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Advertising abroad must comply with the legal guidelines established in the home
country.
a. True
b. False
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.
Which of the following statements regarding the 1994 Agreement on Technical Barriers
to Trade is false?
a. All technical regulations shall be applied on a nondiscriminatory basis, without
regard to the national origin of the products.
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b. Disputes between countries may be referred to the WTO for negotiation and
settlement.
c. Whenever possible, product requirements should be based on the design and
descriptive characteristics of a product, rather that its performance.
d. Proposed standards must be published and made available to foreign countries.
e. All of the above are true.
Computer programs are protected as copyrightable literary works under the Berne
Convention.
a. True
b. False
Under the EU's directive on agency relationships, whenever a principal makes a sale in
a territory or a market sector reserved for the agent, the principal must pay the agent a
commission, whether or not the agent actually participated in the sale, no matter what
the agency agreement provides. This is know as a(n):
a. economic condition alarm.
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b. economic commission.
c. commission override.
d. permanent commission.
Caspiana is a small state located in Central Asia. Caspiana has been a staunch U.S. ally
for many years and is an important source of many precious metals utilized by the
defense industry in the production of advanced weaponry.
U.S. defense contractors and the U.S. government have been Caspiana's primary
customers for these precious metals, many of which are found nowhere else in the
world. Additionally, Caspiana's territory has served as a base for U.S. antiterrorism
efforts in Central Asia.
Caspiana shares a border with Arala. Arala is a much larger state ruled by a military
dictatorship and possessing a large military. However, Arala lacks the mineral wealth
possessed by Caspiana. In recent years, Arala military forces have crossed the border,
seized stockpiles of precious metals and returned to Arala. Last week, Aralan forces
crossed the border with Caspiana and seized a portion of Caspiana's territory containing
numerous precious metal mines. Arala subsequently declared the seized territory to be
part of Arala.
In response to this crisis, the president of the United States immediately negotiated an
agreement with the government of Caspiana providing that U.S. forces would terminate
Arala's occupation through military force and would establish a permanent base in the
country. The president signed this agreement without prior consultation with or the
receipt of authorization from the U.S. Congress. The president claimed that such
consultation and approval were not necessary.
What type of agreement has the president negotiated with Caspiana? What do such
agreements provide? Utilizing the opinion in Dole v. Carter, would a judicial challenge
to the agreement by a member of Congress be successful? Why or why not?
What statute could the president utilize to respond to the crisis in Caspiana? When may
this statute be utilized? What actions may the president take utilizing this statute?

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