BLA 371

Quiz 1: Chapters 1-4

What is jurisdiction?

A country’s legal authority to hear a case or regulate conduct

What is territorial jurisdiction?

A nation has jurisdiction over all people and property within its territory, airspace, and territorial waters, as well as crimes committed on vessels flying its flag.

What is nationality jurisdiction?

Individuals and corporate citizens must comply with their country’s laws no matter where they are in the world

What is passive personality jurisdiction?

A country has the right to hear cases about crimes committed against its own citizens by noncitizens outside of that country’s territory.

Why is passive personality jurisdiction controversial?

Because a country is claiming jurisdiction over a crime that occurred outside its territory and was committed by a noncitizen

What is protective jurisdiction?

A sovereign country can adopt a statute criminalizing conduct occurring outside its borders when that conduct affects the sovereign itself.

What is universal jurisdiction?

It permits any country to prosecute the most universally condemned crimes regardless of where the crimes occur or the nationality of the perpetrators or victims

What are examples of crimes subject to universal jurisdiction?

Piracy, slavery, war crimes

What is the difference between nationality and passive personality jurisdiction?

Nationality jurisdiction focuses on the citizenship of the person committing the crime; passive personality focuses on the citizenship of the victim

What is outcome-based ethics?

An ethical approach that focuses on the consequences or results of an action

What is cost-benefit analysis?

Comparing the costs and benefits of an action to determine whether the overall result is beneficial.

What phrase is associated with outcome-based ethics?

“The greatest good for the greatest number of people.”

What case is an example of outcome-based ethics?

Grimshaw v Ford Motor Company

What happened in Grimshaw w Ford Motor Company?

Ford knew the Pinto had a dangerous fuel-tank design but decided not to fix it because the modification would cost approximately $10 per vehicle

What was the design defect in the Ford Pinto?

The fuel tank was located in the rear, making it vulnerable in rear-end collisions

Why is Grimshaw w Ford an example of outcome-based ethics?

Ford used a cost-benefit analysis and prioritized the financial cost of fixing the problem over consumer safety

What is duty-based ethics?

The idea that individuals and businesses owe certain duties to each other

What are the sources of duties in duty-based ethics?

Religious principles, the principles of rights, and the Kantain view

What is the Kantain view of ethics?

Ask what would happen if everyone acted in the same way

What is the difference between outcome-based and duty-based ethics?

Outcome-based ethics focuses on consequences; duty-based ethics focuses on obligations and duties

What is a contract?

A legally enforceable agreement between two or more competent people

What is a breach of contract?

Failing to perform the obligations required by a contract

What are the five requirements of a contract?

Mutual agreement, capacity, consideration, lawful purpose, and the Statute of Frauds when required

What is mutual agreement?

The parties must agree to do or not do something

What is capacity?

The parties must have the legal ability to enter into a contract.

What is consideration?

Each party must give something of legal value

What is lawful purpose?

The contract must by for a legal purpose

What is the Statute of Frauds?

A state based law requiring certain contracts to be in writing to be enforceable

What are the five categories covered by the Statute of Frauds?

Marriage, agreements that cannot be completed within one year, interests in land, sales of goods for $500 or more, and promises to pay the debt of another

What contracts involving marriage fall under the Statute of Frauds?

Contracts in which the consideration is marriage

What agreements involving time fall under the Statue of Frauds?

Agreements that cannot be completed within one year

What land contracts fall under the Statute of Frauds?

Contracts involving interests in land

What goods contracts fall under the Statute of Frauds?

Contracts for the sale of goods for $500 or more

What debt contracts fall under the Statute of Frauds?

Contracts to pay the debt of another person

What is a treaty?

A legally binding agreement between two or more sovereign countries

What is a bilateral treaty?

A treaty between two countries

What is a multilateral treaty?

A treaty between three or more countries

What is the Supremacy Clause?

Article VI (6) of the US Constitution, which establishes that federal law is supreme over conflicting state law

What is a convention?

A multilateral treaty

What happens if state law contradicts federal law?

Federal law takes precedence

What is the Alien Tort Statute (ATS)?

A law giving courts jurisdiction over certain civil actions brought by alien for a tort committed in violation of the law of nations or a US treaty

When was the Alien Tort Statute passed?

1789

Who passed the Alien Tort Statute?

The First US Congress

What is an “alien” under the Alien Tort Statute?

A foreign national

What does the Alien Tort Statute allow?

Certain foreign plaintiffs to bring civil tort claims in US federal courts for violations of the law of nations or a US treaty

What is Respublica v Lonchamps?

An early case involving the law of nations and international law

What is Bolchos v Darrel (1795)?

An early case involving the Alien Tort Statute and international law

What is Adra v Clift (1961)?

An early case involving the Alien Tort Statute

What is Filartiga v Pena-Irala (1980)?

A major ATS case involving official torture

What did Filartiga v Pena-Irala hold?

Official torture is prohibited by the law of nations

What is important about the law of nations in Filartiga?

A rule must have general international acceptance to be considered binding under the law of nations

What is the key thing to remember about Filartiga?

Torture violates the law of nations

What is Kiobel v Royal Dutch Petroluem (2013)?

A Supreme Court case that limited the Alien Tort Statute’s application to conduct occurring outside the US

What is the key takeaway from Kiobel?

The ATS generally does not apply to violations of the law of nations occurring outside the US

What is Nestle v Doe (2021)?

A Supreme Court case further limiting Alien Tort Statute claims involving corporate activity

What did Nestle v Doe hold?

General corporate activity, such as decision-making in the US, cannot alone establish a domestic application of the ATS

What is the key takeaway from Nestle v Doe?

General corporate activity in the US is not enough by itself to establish an ATS claim

What is Cisco Systems Inc v Doe (2026) about according to the notes?

Limitations of the Alien Tort Statute

What three categories are identified in the Cisco Systems notes?

Piracy, infringement on the rights of ambassadors, and violation of safe conducts

What does CISG stand for?

United Nations Convention on Contracts for the International Sale of Goods

What does the CISG govern?

International commercial contracts for the sale of goods

When does the CISG generally apply?

When the contract is for the commercial sale of goods, the parties have places of business in different countries, and the relevant countries have ratified the CISG

What are the three basic requirements for CISG application?

Commercial sale of goods, parties in different countries, and the countries are CISG contracting states

Does the CISG apply to sale between a buyer in Mexico and a seller in the UK?

Yes, generally, because Mexico and the UK are CISG contracting states and the parties are in different countries

Does the CISG apply to a sale between a buyer in Vancouver and a seller in Montreal?

No, because both parties are located in Canada

How can parties exclude the CISG?

The contract must clearly state the CISG does not apply

What is an example of excluding the CISG?

A contract can state that the agreement is governed by a particular country’s law and specifically excludes the CISG

What is the parol evidence rule?

A common law rule that generally prevents the use of prior or contemporaneous agreements to contradict or change a final written contact

Does the CISG have the parol evidence rule?

No

Does common law have the parol evidence rule?

Yes

What does CISG Article 11 state?

A contract of sale may be proved be any means, including witnesses

Does the CISG require a written contact?

No

What does the CISG say about contract form under Article 11?

A contract of sale does not need to be concluded in or evidenced by writing and is not subject to another requirement as to form

Does the CISG have a Statute of Frauds?

No

Does common law have a Statue of Frauds?

Yes for certain contracts

What is the difference between CISG and common law regarding the Statute of Frauds?

The CISG does not require a written contract, while common law requires certain contracts to satisfy the Statute of Frauds

What are the two major differences between the CISG and common law?

The CISG has no parol evidence rule and no Statute of Frauds, common law has both

What is the easiest way to remember CISG Article 11?

No writing requirement and no parol evidence rule

What gives federal courts Admiralty jurisdiction?

Article III, Section 2 of the US Constitution

What 2 things are required for admiralty jurisdiction?

Locality+ substantial relationship to maritime activity

What does the locality requirement ask?

Did the incident occur on or over navigable waters?

Is occurring on navigable waters alone enough?

No, there must also be a significant maritime connection

What did Executive Jet Aviation establish?

Navigable water location alone does not create admiralty jurisdiction

What did Foremost Insurance v Richardson establish?

Locality+ substantial relationship to traditional maritime activity

What did Sisson v Ruby establish?

Marina vessel storage/maintenance relates to traditional maritime activity

What is a key clue for admiralty jurisdiction?

Whether the activity could impact commercial shipping

What are the 2 commercial air transportation treaties?

Warsaw Convention (1929) & Montreal Convention (1999)

What are the 3 requirements for air carrier liability?

Bodily injury/death+ accident + onboard/ embarking/disembarking

Does emotional injury alone qualify under these notes?

No, physical bodily injury or death is required

How does Olympic Airways v Husain define an accident?

An unexpected or unusual event external to the passenger

What happened in Olympic Airways v Husain?

A flight attendant failed to move an asthmatic passenger from smoke

Was the conduct in Olympic Airways v Husain an accident?

Yes, the flight attendant’s conduct was deemed an accident

When must an airline accident occur for liability?

Onboard the aircraft or while embarking or disembarking

Where is a US case filed under a treaty heard?

Federal court