Legal exam 3

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Greg's Organic Gardens, LLC hires Rod to buy supplies and equipment from various 3rd party sources on its behalf. What is the relationship between Greg's Organic Gardens & Rod?

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1

Greg's Organic Gardens, LLC hires Rod to buy supplies and equipment from various 3rd party sources on its behalf. What is the relationship between Greg's Organic Gardens & Rod?

Greg=principal Rod=agent (employee)

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2

An executive officer of a corporation normally can conduct ordinary business transactions without obtaining written authority from the Board of Directors of the corporation. a. true b. false

a. true

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3

Jonas hires Molly to act as his agent to purchase Caden's Country Cooking Restaurant. Jonas tells Molly to reveal only that he is buying the restaurant on behalf of a 3rd party, without telling the seller who that 3rd party is. Jonas is______? a. a disclosed principal b. not a principal c. an undisclosed principal d. a partially disclosed principal

d. a partially disclosed principal

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4

Delltrix Corp. a customer support provider, needs operators who are bilingual in English and Hindi. A few applicants of Indian origin are rejected because of their poor English language proficiency. The applicants file a complaint with the Equal Employment Opportunity Commission against Delltrix on the grounds of discrimination based on national origin. Which of the following defenses is Delltrix most likely to use in this case? a. undue hardship b. contributory negligence c. bonafide occupational qualification d. business necessity

d. business necessity

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5

Jacque, a member of a protected class, applies for a job with Origami Paper Products Corporation, but fails the company's employment test and is not hired. Jacque believes that the test has an unintentionally discriminatory effect. If so, this is...? a. reverse discrimination b. disparate-impact discrimination c. disparate-treatment discrimination d. not discrimination

b. disparate-impact discrimination

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6

Conrad and Delilah are employees of Functional Furniture Company. Under the Equal Pay Act of 1963, on what basis can they legitimately pay different wages?

Seniority or merit

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7

Boni, the owner of Jumbo Juice, knows about, but does not take any action to prevent, the sexual harassment of employees. Boni and her business may be liable for such harassment by______? a. an employee's previous employer b. a customer or co-worker c. an employee's spouse or other close relative d. none of the choices

b. a customer or co-worker

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8

Tom, who works as an employee for Upstate Power Corporation, suffers an injury in an accident. Tom will be compensated under state workers' compensation laws_____. a. only if the injury occurred during work hours b. only if the injury occurred off the job c. only if the injury occurred on the job d. whenever and wherever the injury occurred

c. only if the injury occurred on the job

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9

Misappropriation of a trade secret occurs when_____. a. a person is able to recreate the same information that the other considers to be a trade secret b. a person recreates a product after looking at it and figuring out how it works or how it is formulated c. a person uses another's trade secret and confidential information with authorization d. a person improperly acquires secret information through burglary, espionage, or computer hacking.

d. a person improperly acquires secret information through burglary, espionage, or computer hacking.

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10

Hillward Bakers inc. had been using a logo with the letters "HB" in blue color & a baker's hat above these letters since its inception 10 years ago & has since been connected with Hillward Bakery by its customers. Hobert Bakers Inc. a newly opened bakery chain uses the same logo. Hillward has not registered its logo but sues Hobert. Which of the following is true of this case?

a. Hillward cannot sue Hobert since the logo has not been registered as a trademark or service mark b. Hillward can sue Hobert since the logo has been used by Hillward & is associated with it c. Hobert can defend that Hillward created something that lacks utility & cannot be trademarked d. Hillward cannot sue Hobert because logos cannot be patented or trademarked.

b. Hillward can sue Hobert since the logo has been used by Hillward & is associated with it

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11

When you purchase an item from Globus Corp. they place the item in a paper bag with handles and vertical yellow, blue, and white stripes. Even without seeing "Globus Corp" on the bag, many people recognize that the purchase is from Globus. The bag's coloring and design is considered its______. a. trade dress b. certification mark c. service mark d. trademark

a. trade dress

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12

Which of the following protects a "famous" trademark, even if the owner is unable to prove that the public is confused or likely to be confused by another's use of a similar mark, and provides the owner with the infringer's profits and actual damages? a. Lanham Act b. Consumer Protection Act c. Trademark Trial and Appeal Board d. Revised Federal Trademark Dilution

d. Revised Federal Trademark Dilution

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13

Kamal copies Lorena's copyrighted work without authorization or paying royalties. Kamal may not be liable for copyright infringement under the "fair use: doctrine if. a. Kamal copies the entire work b. Kamal distributes the copies without charge to the public c. Kamal use has no effect on the market for Lorena's work d. Kamal's use is for commercial purpose

c. Kamal use has no effect on the market for Lorena's work

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14

Which of the following is true in case a patent expires? a. It comes under the purview of the Supreme Court to restrict its use in public b. It is in the public domain, and others may use it without limitations c. It will be reviewed and reassigned to the same owner d. it will be declared as null and void, and the invention will be declared useless

b. It is in the public domain, and others may use it without limitations

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15

After Dr. Cam develops a new drug that prevents strokes, she markets her new medical practice using the slogan "Stroke No More." She becomes famous after being interviewed by Dr. Oz and writes a bestselling novel about her experience. B/c Cam is so stylish she is asked to design a new clothing line and markets the line as "Fashionista Doc." -What kind of IP is "Stroke No More" -What IP protection is Dr. Cam likely to have for the drug, book, and clothing line?

-"Stroke no more" = service mark -Drug=patent -Book=copyright -clothing line=trademark

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16

Cybersquatting occurs when a person registered a domain name that is the same as, or confusingly similar to the trademark of another and then offers to sell the domain name back to the original owner. a. true b. false

a. true

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17

Employees who use social media in a way that violates their employer's stated policies can be disciplines or fired from their jobs a. true b. false

a. true

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18

Employers who monitor in the ordinary course of business, their employees e-communications on employer-provided devices are violating the Electronic Communications Privacy Act (ECPA) a. true b. false

b. false

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19

A government's taking of private property is considered to be confiscation of the property when... a. the owner of the property is not fairly compensated b. a property owned by a foreign company is seized by the U.S. Government c. a property is seized under the Racketeer Influenced and Corrupt Organizations Act. d. the owner of the property is charged under the Foreign Corrupt Practices Act

a. the owner of the property is not fairly compensated

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20

Which of the following statements is true of the Foreign Sovereign Immunities Act? a. it provides immunity for private acts b. it rejects immunity for commercial acts carried on in the countries trading with the U.S. c. it provides immunity for commercial acts having direct effects in the United States d. it rejects immunity for commercial acts carried on in the United States

d. it rejects immunity for commercial acts carried on in the United States

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21

Reality Financial Corporation, a US firm files a suit against Switzerland in a US court Switzerland claims foreign sovereign immunity. Under the Foreign Sovereign Immunities Act... a. Reality Financial must then show that Switzerland is not entitled to sovereign immunity b. Switzerland must show that it is entitled to sovereign immunity c. the court must dismiss the lawsuit without any showing d. the court may hear the lawsuit, but its decision will have no effect

a. Reality Financial must then show that Switzerland is not entitled to sovereign immunity

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22

Michael, a citizen of Ireland, and Nina a citizen of the US enter into a contract. When Nina breaches the contract Michael obtains an award of damages in an Irish court. He asks a U.S. court to enforce the award. The US court defers and enforces the Irish court's degree. This is... a. travesty of justice a. the act of state doctrine c. the doctrine of sovereign immunity d. the principal of comity

d. the principal of comity

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23

The act of state doctrine provides that a US court can examine the validity of public acts committed by a recognizable foreign government within the foreign government's own territory a. true b. false

b. false

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24

Global marketing Inc a US firm owns property in Honduras. The government in Honduras takes Global Marketing's property without paying for it. If Global tried to sue Honduras in a US federal court, what would the result likely be?

The court would not have jurisdiction - dismiss the case

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25

The international Court of Justice normally has authority to settle legal disputes only when nations voluntarily submit to its jurisdiction. a. true b. false

a. true

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26

Which of the following statements is true of the International Court of Justice? a. Private parties and corporations that have access to the court may directly present their claims b. only countries that have submitted to the court's jurisdiction may be parties c. the court has enforcement authority & does not rely on diplomacy or economic sanctions against countries d. it is compulsory for all countries to not accept the court's jurisdiction, weather or not the use of the court suits their interests

b. only countries that have submitted to the court's jurisdiction may be parties

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27

Cooper inc was a company that operated primarily by sending out emails to its customers and requesting them to invest in the firm. Many such customers who invested later found that such a company did not exist and that the company had merely acquired all their personal information for its own use. This is an example of... a. skimming b. dumpster diving c. phishing d. hacking

c. phishing

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28

A_____ is an agreement by at least 2 persons with the specific intent to commit a criminal act is which each member becomes the agent or partner of every other member. a. embezzlement b. kickback c. conspiracy d. false statement

c. conspiracy

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29

For a conspiracy conviction, does the original criminal purpose actually have to be carried out? a. yes b. no

b. no

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30

What criminal statute was enacted in 1977 primarily to prevent corporate bribery of foreign officials in business transactions?

Foreign Corrupt Practices Act

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31

What statute imposes significant criminal liability for corporate directors, officers & majority shareholders that falsify for any employee that destroys documents relative to a government investigation?

Sarbanes Oxley Act SOX

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32

The ____ Amendment to the US Constitution prohibits the government from unreasonable searches and seizures.

4th amendment KNOW THE AMENDMENTS

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33

In determining whether a worker is an independent contractor or an employee, IRS examiners focus primarily on the... a. degree of control the business exercises over the worker b. location where the work is done c. degree of skill required of the worker d. length of time required to do the work

a. degree of control the business exercises over the worker

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34

Green Buddies Company hires Carlo to work on its shopping dock, checking outgoing loads and dispatching Green's drivers. With respect to Carlo, Green Buddies is most likely the... a. employee b. principal c. agent d. independent contractor

b. principal

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35

Pam is an agent for Refined Clothing Corporation, They owe Pam the duty of: a. performance b. accounting c. obedience d. safe working conditions

d. safe working conditions

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36

Rumage Antiques employs Cindy to buy potential new wearhouse. Cindy secretly buys some of the property and sells it to Rummage at a profit. Cindy has breached.... a. the duty of loyalty b. no duty c. the duty of accounting d. the duty of notification

a. the duty of loyalty

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37

Lyn may hire employees to work in the Main St. Computer Store that she manages despite the fact that her employment agreement with Main St. says nothing about her being able to hire employees this is. a. apparent authority b. express authority c. equal authority d. implied authority

d. implied authority

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38

Kyle works as a forklift operator for Local Warehouse Company. Assuming that Kyle meets other requirements, the maximum number of hours he can work per week without overtime pay is a. 39 b. 40 c. 41 d. unlimited

b. 40

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39

A minimum wage must be paid to employees in a. covered industries only b. small business industries only c. no industries a. all industries

a. all industries

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40

Brandon's mother, Heather has a stroke and needs nearly constant supervision. Brandon asks his company for leave and asks that the leave be covered by the Family and Medical Leave act. What must Brandon's company do? a. grant Brandon leave under the FMLA but this leave will be unpaid b. grant Brandon leave under FMLA and pay him during his leave c. deny Brandon leave because care of a parent is not a qualifying event under FMLA d. Deny Brandon leave because only government employees are entitled to leave under FMLA

a. grant Brandon leave under the FMLA but this leave will be unpaid

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41

Drug testing of employees by private employers is permitted. a. true b. false

a. true

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42

What are the 5 original classes protected from job discrimination and covered by total VII?

race, color, national origin, gender and religion

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43

Know the difference between disparate treatment and disparate impact discrimination!

^^^

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44

If Lena is able to show that she is qualified for the job, and that Tiffany, a white person who is less qualified, is hired instead of her, what has Lena done? a. made a prima facie case of illegal discrimination b. proved a violation of the sexual-harassment laws c. made no legal progress c. proved a violaion of the FLSA

a. made a prima facie case of illegal discrimination

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45

Margo and Steve work and have comparable jobs at Acme Industries Inc, however, Margo is paid 15% less than Steve. Which of the following is NOT a legitimate defense to this pay inequality? a. the company has a merit system in place, & Steve has performed better at his job than Margo b. the company has a policy of discounting women's pay because they are typically the 2nd breadwinner c. the company pays accordingly to quantity and Steve produces more d. the company has a seniority system and Steve has been with the company longer than Margo

b. the company has a policy of discounting women's pay because they are typically the 2nd breadwinner

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46

Ivan is 25 years old and Fran is 5o years old, both work for Groceries for Less, which has 30 employees. Parties protected under the Age Discrimination in Employment Act include a. Ivan and Fran b. Ivan only c. Fran only d. neither Ivan or Fran

c. Fran only

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47

An employer is required to make reasonable accommodations for a job applicant for an employee with a disability. An example of such accommodation may include a. allowing fewer work hours b. allowing the employee to partially complete assignments c. instituting flexible work hours d. serving only vegan meals in the company cafeteria

c. instituting flexible work hours

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48

___________ can be a bona fide occupational qualification a. race b. color c. national origin d. gender

d. gender

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49

Which of the choices would be a legitimate reason for an employer to not hire or promote someone? a. a woman is not hired to work at a male-only spa in a position where she would need to have access to the dressing/locker roomsb. the airline hires only thin female flight attendants b/c it believes customers prefer them c. A company hires from within for all management positions but sometimes modifies employee evaluations in order to promote the employees the other managers like better d. a male is not hired as a waiter in a restaurant b/c there are only female waitresses and the work uniform is bikinis

a. a woman is not hired to work at a male-only spa in a position where she would need to have access to the dressing/locker rooms

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50

A trade secret might include what of the following? a. a customer list b. the design and appearance of a restaurant c. a company logo d. a product name

a. a customer list

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51

Tony's "Taco Daddy" restaurant uses distinctive decor, layout, menu, and style or services. This restaurant's image and overall appearance is: a. trade dress b. a service mark c. a collective mark d. a certification mark

a. trade dress

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52

The "Energy Star" label on a product is an example of a. license b. patent c. strong mark d. certification mark

d. certification mark

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53

Fiona owns Fiona's Fine Foods, a restaurant in a small town in Louisiana. Without Fiona's permission, Tasty Foods Corporation opens a private club in LA called "Fiona's" as part of the URL for its website. Tasty Foods Corporation has committed a. copyright infringement b. copyright infringement c. trademark dilution d. none of the above

d. none of the above

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54

Tom opens a karaoke bar called "Rolex" in Nashville and registers the domain name www.rolex.com before Rolex, the watch manufacturer. Tom's use of the domain name and name of hos bar is.... a. trademark squatting b. trademark theft c. trademark dilution d. trademark infringement

c. trademark dilution

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55

Cari has a huge inventory of music downloaded from file-sharing websites for free. She wants to share his inventory on a peer-to-peer network & believes that as long as she doesnt charge anyone, she is not violating copyright laws, is she correct? a. no because she did not have permission from the owner of the copyright in the music b. yes because the files would be available without charge c. no because digital music is only licensed and not owned d. yes because these files were obtained for personal use.

a. no because she did not have permission from the owner of the copyright in the music

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56

Sam invents a new type of compound bow, which he names "Dead Eye" and writes a manual to be included with each bow. Sam Could obtain copyright protection for the... a. bow only b. name only c. manual, bow, and name d. manual only

d. manual only

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57

A utility patent for a new invention will provide protection for a. 10 years b. 15 years c. 20 years d. 50 years

c. 20 years

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58

Tyrone invents a new mousetrap and obtains a patent for his invention from the US PTO Ella buys one of Tyrone's mousetraps, pulls it apart, and copies his work. She then starts selling her own version of the trap she has... a. done nothing wrong - competition is a part of our market economy b. infringed on Tyrone's patent rights c. committed wrongful appropriation d. violated Tyrone's trade dress

b. infringed on Tyrone's patent rights

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59

What is the difference between cybersquatting and typosquatting?

Cybersquating-when one registers a domain name that is the same or confusingly similar to the tm/sm of another and then offers to sell the domain name back to the tm/sm owner - cybersquatters they have no intention of using the name Typosquatting-a type of cybersquatting but occurs when one registered a name that is misspelled of a popular tm/sm - typosquatters are usually trying to use the goodwill of the popular tm/sm owner.

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60

Web users have an exception of privacy when they: a. post comments on social media b. post photos on social media c. enter credit card information online d. enter status updated online

c. enter credit card information online

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61

The major difference between international and national law is: a. that government authorities enforce national law b. the time difference c. the dissimilarity in types of currency used d. the decreased use of bills of lading

a. that government authorities enforce national law

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62

the term comity means: a. a judicial doctrine stating that expropriations are always illegal under US law b. that lawyers recognise the legal decrees of other states c. the difference one nation shows for the laws and judicial agrees of another nation d. the confiscation of foreign-owned property

c. the difference one nation shows for the laws and judicial agrees of another nation

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63

Bezos Space Travel a US firm files a suit against Great Britain in a US court. GB claims foreign sovereign immunity. Under the Foreign Sovereign Immunities Act, who bears the burden of proving weather or not the uS court has jurisdiction to hear the case or dismiss the suit without any showing?

the plaintiff, Bezos Space Travel in this case

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64

One of the major exceptions to the doctrine of sovereign immunity is made when a nation: a. passes laws that prevent immigration from specific nations b. engages in a military action c. engages in an action to protect the health of its citizens d. takes actions in connection with a commercial activity in the US or those actions have a direct effect in the US

d. takes actions in connection with a commercial activity in the US or those actions have a direct effect in the US

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65

A doctrine that provides that the judicial branch of one country will not examine the validity of public acts committed by a recognized foreign government within its own territory is called a. the act of state doctrine b. comity c. brevity d. sovereign immunity

a. the act of state doctrine

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66

A tax on imported goods is called a. quota b. tariff c. imported limit d. none of these choices

b. tariff

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67

A foreign firm that engages in dumping in the US probably hopes to a. keep factories open to prevent laying off employees b. obtain business contracts and other favors from US officials c. limit the amount of goods that competing US Businesses will import d. undersell american businesses in order to obtain a larger share of the US market

d. undersell american businesses in order to obtain a larger share of the US market

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68

Bling Co a German company, entered into a contract with Sundata Inc a New York company. The written contract contains an arbitration clause providing for arbitration in both New York. Both Germany and the US have signed the New York Convention. If Bling Co files suit in a German court, will the court hear the case? a. yes because no force majeure is present b. no, the court will enforce the arbitration clause c. yes because arbitration clauses are enforceable under the New York Convention d. yes the court may choose to hear the case because Bling Co is a German company

b. no the court will enforce the arbitration clause

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69

A clause in a contract designing the law (such as the law of a particular state or nation) that will govern the contract is known as a: a. choice of law clause b. force majeure c. designated law clause d. forum selection clause

a. choice of law clause

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70

A provision in a contract designing the court, jurisdiction, or tribunal that will decide any disputes arising under the contract is called a: a. forum selection clause b. choice of law clause c. force majeure clause d. choice of language clause

a. forum selection clause

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71

Domestic laws cannot apply to a US company's activities solely within the borders of another country a. true b. false

b. false

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72

Great Britain has a space station located in outer space. The station bumps into space debris and sufferers $100,000 in damages and also ricochets off a Russian space station causing $200,000 to the Russian space station. Which of the following statements is true in this situation? a. GB is liable for the damages on both space stations b. GB is liable for the damages to its own space station but Russia is liable for its own damages c. Russia is liable for all of the damages d. Neither country is liable bc the United Nations is liable for all damages incurred in outer space

a. GB is liable for the damages on both space stations

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73

Agency

one party acts as an agent for another party (The principal) - subject to the principals control

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Types of Agents

employee agents, independent contractor agents, gratuitous agent (service for free)

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75

If the principal can only control the outcome but not how it is done then it is a

independent contractor

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76

Principals fiduciary duties to agent

  1. compensation

  2. rembursment

  3. Indemnification

  4. cooperation

  5. safe working conditions

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77

Agents fiduciary duties to principal

  1. obedience (performance)

  2. care

  3. disclosure (notification)

  4. accounting

  5. loyalty (act in good faith and in principal best interest)

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78

Express authority

parties expressly agree to create an agency relationship

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79

Implied Authority

Agency implied by conduct of parties rather than explicit agreement. Allows agent to do whatever necessary that the principal needs.

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80

Apparent Authority

when no actual authority but agent has appearance of legitimate authority to a 3rd party.

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81

Ratification

no authority or agency relationship but principal retroactively affirms previously unauthorized act

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82

Contract liability to 3rd parties

-fully disclosed -partially disclosed -undisclosed

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83

Fully disclosed

create when 3rd party entering contract knows identity of principal & that agent is acting of behalf of the principal -only the principal is bound by the contract

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