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?
The passage of NAFTA is unpopular with private sector of the economy in Mexico.
a. True
b. False
One current export control issue pertains to the level of control imposed on encryption
software.
a. True
b. False
A foreign investor may take a case against a foreign government to arbitration where:
a. The arbitration has been ordered by the president.
b. The Foreign Sovereign Immunities Act requires it.
c. The act of state doctrine requires it.
d. The foreign nation consents to it.
e. All of the above.
While WTO reports carry no weight as precedent, subsequent panels often consider
them, and they can create legitimate expectations as to the interpretation of the treaty by
WTO members.
a. True
b. False
The documentary letter of credit transaction serves as a means to assure the buyer and
seller that the transaction is secured.
a. True
b. False
Where the government expropriates property, the former owner will receive:
a. The same amount of compensation as a victim of nationalization.
b. A higher amount than a victim of nationalization.
c. A lower amount than a victim of nationalization.
d. A, B, or C.
e. A or B.
A holder of a negotiable instrument cannot claim to be a holder in due course if (s)he:
a. Possesses a negotiable instrument.
b. Knows the instrument is overdue.
c. Unknowingly holds an instrument with a forged signature.
d. Takes the instrument free from disputes between the drawer and drawee.
A protest of entry is filed by the importer against the Customs Service when:
a. A dispute arises regarding liquidation.
b. A dispute arises regarding the port at which the goods were received.
c. The importer wishes to refuse delivery and possession of the goods.
d. All of the above.
Which of the following documents are always required in a documentary collection for
the sale of goods:
a. The draft, invoice, and bill of lading.
b. The invoice, bill of lading, and delivery order.
c. The certificate of origin, insurance policy, and invoice.
d. The draft, insurance policy, and invoice.
The International Court of Justice, formed in 1945, is the primary judicial art of the
World Trade Organization.
a. True
b. False
An American firm that builds a factory abroad for the building of component parts to be
shipped back to the United States does not qualify for OPIC insurance.
a. True
b. False
Many technology owners have avoided introducing technology or technological
products into Brazil because:
a. The market has been too weak to support these high-tech products.
b. Technology transfer agreements have been interpreted under Brazilian law so that the
original owner loses many rights in the technology.
c. Brazilian taxes on the introduction of technology into the country have been
prohibitively high.
d. Spies and foreign agents have been stealing the technology and selling it to the
communist countries.
In the United States, ocean carriers are not liable under the Uniform Commercial Code
in amounts in excess of $500 per shipment.
a. True
b. False
An American citizen working abroad for a wholly owned subsidiary of a British
company will be protected by the ADEA if the subsidiary is a U.S. corporation.
a. True
b. False
The signing of the European Economic Community Act officially formed the European
Community.
a. True
b. False
The International Trade Administration:
I. Is part of the Department of Commerce.
II. Investigates certain U.S. unfair import cases.
a. I only.
b. II only.
c. Both I and II.
d. Neither I nor II.
Lindsey and Martin Smith of Ontario, Canada, have paid McDonald’s a fee for limited
permission to use its trademarks, copyrights, and know-how in running a fast-food
restaurant in Ontario for the next five years. The Smiths have purchased a(n):
a. license.
b. royalty.
c. IPR.
d. None of the above
In the Asahi Metal Industry case, the Solano Superior Court refused jurisdiction over
Asahi for lack of personal jurisdiction.
a. True
b. False
The “material injury” requirement under the U.S. unfair import statutes requires a
finding of less harm than does the ‘serious injury” requirement in the U.S. escape
clause.
a. True
b. False