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Because international law is not dictated by any one legislative body, it is lawmaking by
choice and by consent.
a. True
b. False
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.
Since 1996, the European Union's Trademark Regulation has allowed a single
trademark registration enforceable in all members of the European Union.
a. True
b. False
Under the Uniform Commercial Code, the risk of loss in a destination contract passes to
the buyer when the goods are tendered to the buyer at that place.
a. True
b. False
Under the UCP, the description of the goods in the commercial invoice must correspond
with the description in the credit. In all other documents, the goods may be described :
a. In perfect conformance with the credit.
b. In general terms not inconsistent with the description of the goods in the credit.
c. In specific terms as requested by the buyer.
d. In general terms consistent with the contract for the sale of goods.
The Maastricht Treaty abolished the Communities and established the European Union
as a successor to the European Community.
a. True
b. False
Tariffs are computed:
I. As a percentage of value (ad valorem).
II. On the basis of physical units (specific).
a. I only.
b. II only.
c. Both I and II.
d. Neither I nor II.
"Diversion" is when controlled goods are sold by a U.S. exporter to an importer in
Country A, who in turn re-exports them to a buyer in Country B, which is unfriendly
with the United States.
a. True
b. False
The antidumping duty imposed under U.S. law is based on the amount by which the
foreign market value exceeds the cost of production by at least 10%.
a. True
b. False
"Conflict of Laws" in an international setting refers to which nation has the greater
interest in applying its laws in the resolution of contract dispute cases.
a. True
b. False
The WTO Agreement on Government Procurement (1994):
a. Requires fair, open, and nondiscriminatory procurement practices.
b. Sets up uniform procurement procedures to protect suppliers from different countries.
c. Applies only to those countries who have signed it.
d. Applies to the purchase of goods and services over $182,000.
e. All of the above.
If a merchant receives goods unsolicited with a note, "If I don't hear from you, I assume
you will keep them and pay for them", failure to respond to the sender is an acceptance
a. Unless a rejection is sent within three (3) days upon receipt
b. Silence is an acceptance
c. No acceptance
d. Must return the goods within three (3) days.
For smaller commercial shipments that are mailed into the U.S., the U.S. Postal Service
letter carrier acts as an agent for the U.S. Bureau of Customs and Border Protection for
purposes of collecting import duties.
a. True
b. False
The name of the clause put into international sales contracts to limit the liability of the
parties in the event of an intervening and disruptive force beyond a party's control
makes performance more difficult than expected is:
a. Good excuse clause.
b. Out of control clause.
c. Force Majeure clause.
d. Excuse moi clause.
The representatives who serve on the European Commission are appointed by:
a. The representative's own government.
b. The Assembly.
c. The Court of Justice.
d. The Council.
Zapata, a Texas Corporation, entered into a contract with Unterweser, a German
corporation, to tow Zapata's drilling rig from Louisiana to Italy. A storm arose and
Zapata told Unterweser to tow the rig into Tampa, Florida. Zapata immediately filed a
lawsuit in Florida against Unterweser for damages to the rig. The original contract
called for "Any dispute must be heard before the London Court of Justice." The U.S.
Supreme Court held that:
a. Florida has jurisdiction since that is where the oil rig is now located.
b. The case should be heard in Texas or Germany because that is where the parties are
located.
c. The forum-selection clause is contrary to public policy and will not be enforced;
either Florida, Texas, or Germany would be the correct place to hear it.
d. The parties must adhere to the forum-selection clause and have the case heard in
London.
The president derives his power and authority to deal with foreign commerce and
international trade from all of the following sources except:
a. Powers delegated to him by Congress.
b. His authority as commander in chief.
c. His "inherent" executive power.
d. His judicial power delegated by the courts.
