Chapter 7 The International Legal EnvironmentTrue/False Questions   1. If a company plans to market products abroad, secur...
Chapter 7 The International Legal Environment  10. Most disputes that arise in commercial transactions are settled informa...
Chapter 7 The International Legal Environment  5. Civil or code law was derived from which of the following?     A) Englis...
Chapter 7 The International Legal Environment   9. Which of the following is based on an all-inclusive system of written r...
Chapter 7 The International Legal Environment   6. Another term for conciliation is __________.      Answer: mediation    ...
Chapter 7 The International Legal Environment      According to the text, the U.S. operates under a “first to invent” rule...
Chapter 7 The International Legal Environment     Answer:     After reviewing the material in the text, students should se...
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Chapter 7 the international legal environment

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Chapter 7 the international legal environment

  1. 1. Chapter 7 The International Legal EnvironmentTrue/False Questions 1. If a company plans to market products abroad, securing expert legal advice is a wise decision because of the complicated nature of international law. Answer: True Page: 180 Difficulty: Easy Type: Comprehension 2. The form of law found in the United States and England is classified as civil or code law. Answer: False Page: 180 Difficulty: Moderate Type: Fact 3. The form of law found in Germany, France, and Japan is called civil or code law. Answer: True Page: 180 Difficulty: Moderate Type: Fact 4. Common law is based on an all-inclusive system of written rules of law. Answer: False Page: 181 Difficulty: Moderate Type: Fact 5. Under code law, the legal system is generally divided into three separate codes: commercial, civil, and criminal. Answer: True Page: 181 Difficulty: Easy Type: Fact 6. The basis for Islamic Law is interpretation of the Koran. Answer: True Page: 182 Difficulty: Easy Type: Fact 7. Under Marxist-socialist tenets (law) if would be illegal to pay interest on a loan. Answer: False Page: 183 Difficulty: Hard Type: Fact 8. The World Court can settle disputes between governments. Answer: True Page: 184 Difficulty: Easy Type: Comprehension 9. When dealing with foreign countries, a domestic marketer should refer to “international commercial law” for guidance. Answer: False Page: 184 Difficulty: Moderate Type: Comprehension
  2. 2. Chapter 7 The International Legal Environment 10. Most disputes that arise in commercial transactions are settled informally. Answer: True Page: 186 Difficulty: Easy Type: ComprehensionMultiple Choice Questions 1. The _________ of a legal system profoundly affects how the law is written, interpreted, and adjudicated. A) foundation B) legality C) cost D) religious ties E) none of the above Answer: A Page: 180 Difficulty: Easy Type: Comprehension 2. Which of the following forms of law was derived from English law? A) code law B) common law C) religious law D) civil law E) universal law Answer: B Page: 180-181 Difficulty: Moderate Type: Fact 3. Which of the following types of law is primarily found in the United States, England, Canada, and other countries once under English influence? A) code law B) common law C) religious law D) civil law E) universal law Answer: B Page: 180-181 Difficulty: Moderate Type: Fact 4. Another term for code law is: A) business law B) common law C) religious law D) civil law E) universal law Answer: D Page: 180-181 Difficulty: Moderate Type: Fact
  3. 3. Chapter 7 The International Legal Environment 5. Civil or code law was derived from which of the following? A) English law B) economic law C) Greek law D) Persian law E) Roman law Answer: E Page: 180 Difficulty: Moderate Type: Fact 6. Which of the following countries would have its patent laws best represented by the following three facts—operates under “first to invent rule,” protects individual inventors, and patent applications are secret? A) Japan B) Brazil C) Saudi Arabia D) France E) United States Answer: E Page: 181, Crossing Borders 7.1 Difficulty: Hard Type: Fact and Application 7. The basis for which of the following is tradition, past practices, and legal precedents set by the courts through interpretations of statutes, legal legislation, and past rulings? A) common law B) code law C) Islamic law D) Marxist-socialist tenets E) all of the above Answer: A Page: 181 Difficulty: Moderate Type: Definition 8. If law is founded on tradition, past practices, legal precedents set by the courts through interpretations of statutes, legal legislation, and past rulings, it is called: A) common law B) code law C) Islamic law D) Marxist-socialist tenets E) all of the above Answer: A Page: 181 Difficulty: Moderate Type: Definition
  4. 4. Chapter 7 The International Legal Environment 9. Which of the following is based on an all-inclusive system of written rules of law that is generally divided into commercial, civil, and criminal sections? A) common law B) code law C) Islamic law D) Marxist-socialist tenets E) all of the above Answer: B Page: 181 Difficulty: Hard Type: Definition 10. ___________ is considered complete as a result of catchall provisions found in most of this type of laws system. A) Common law B) Code law C) Islamic law D) Marxist-socialist tenets E) none of the above Answer: B Page: 181 Difficulty: Moderate Type: DefinitionFill in the Blank Questions 1. Civil or code law was derived from _________ law. Answer: Roman Page: 180 Difficulty: Moderate Type: Comprehension 2. The basis for __________ law is tradition, past practices, and legal precedents set by the courts through interpretations of statutes, legal legislation, and past rulings. Answer: common Page: 181 Difficulty: Easy Type: Definition 3. Another term for civil law is __________ law. Answer: code Page: 181 Difficulty: Easy Type: Fact 4. The basis for Islamic law is interpretation of the _________. Answer: Koran Page: 182 Difficulty: Easy Type: Fact 5. The two countries that still (to some extent) cling to Marxist-socialist tenets (laws) are __________ and ____________. Answer: Russia and China Page: 183-184 Difficulty: Easy Type: Fact
  5. 5. Chapter 7 The International Legal Environment 6. Another term for conciliation is __________. Answer: mediation Page: 186 Difficulty: Moderate Type: Definition 7. If two parties cannot reach agreement through conciliation, the next step to resolve the dispute is _________. Answer: arbitration Page: 187 Difficulty: Moderate Type: Comprehension 8. The final step to solving a dispute (if all other steps have failed) is __________. Answer: litigation Page: 188 Difficulty: Easy Type: Comprehension 9. At the present time it is estimated that the Microsoft brand has a value of $_______ billion. Answer: $9.8 billion Page: 190 Difficulty: Hard Type: Fact 10. In common law countries ownership of intellectual property rights is established by ___________________. Answer: prior use versus registration Page: 192 Difficulty: Moderate Type: FactEssay Questions 1. The text identifies three heritages (four forms) that form the bases for the majority of legal systems in the world. What are the four forms of law and what are the heritages linked to these forms of law? Page: 180-181 Difficulty: Moderate Type: Definition and Comprehension Answer: The first form is common law that is derived from English law. The second form is code or civil law that was derived from Roman law. The third form is Islamic law that was derived from the interpretation of the Koran. The fourth form is Marxist-socialist tenets derived from this view of economics. 2. Compare the differences between the United States and Japan with respect to interpretation of patent law. Page: 181, Crossing Borders 7.1 Difficulty: Hard Type: Fact and Comprehension Answer:
  6. 6. Chapter 7 The International Legal Environment According to the text, the U.S. operates under a “first to invent” rule, protects individual inventors, keeps patent applications secret, patents are granted in up to 24 months, and patents are valid for 17 years from the date issued. In Japan, the Japanese operate under a “first to register” rule, promotes technology sharing, the patent applications are public, patents are granted in 4 to 6 years, and patents are valid for 20 years from application. 3. What is the difference between common and code law? Page: 181 Difficulty: Moderate Type: Definition Answer: Common law is based on tradition, past practices, and legal precedents set by the courts through interpretations of statutes, legal legislation, and past rulings. Code or civil law is based on an all-inclusive system of written rules of law. 4. What is the difference between Islamic law and Marxist-socialist tenets? Page: 182-183 Difficulty: Moderate Type: Definition Answer: The basis for Islamic law is the Koran. It encompasses religious duties and obligations as well as the secular aspect of law regulating human acts. In the Marxist- socialist approach, the premise of law is based on prevailing economic conditions. 5. Legal disputes arise in three situations—what are these situations. What can the World Court do about these disputes? Page: 184 Difficulty: Moderate Type: Comprehension Answer: Legal disputes can arise between governments, between a company and a government, and between two companies. The World Court can adjudicate disputes between governments only.Application Questions 1. Sam Fitch is trying to decide whether to pursue a business venture in France. He has heard that the French system of business law is different from that of the United States. Research has told him that France (and other European countries) follow what is called code law. Describe code law for Mr. Fitch. What are the advantages and disadvantages of such a legal system? Page: 181-182 Difficulty: Hard Type: Application and Comprehension
  7. 7. Chapter 7 The International Legal Environment Answer: After reviewing the material in the text, students should see that code law is based on an all-inclusive system of written rules (codes) of law. This is different from common law practiced in the United States. Code law is considered to be complete by those that practice it because there are many catchall provisions in a code-law country. Students can build their own case for or against code law (see information in the text), however, all students should see the value of hiring a French lawyer to interpret French law. See pages 181-182 for additional information. 2. Your company has just entered into an agreement with a Chinese company to do a joint venture in China. However, problems occurred almost immediately. Which of the forms of international dispute resolution would probably be best to pursue to solve your problems with the Chinese so that business may continue? Explain your choice. Page: 186-187 Difficulty: Moderate Type: Application and Comprehension Answer: Conciliation is considered to be especially effective when resolving disputes with Chinese business partners because they feel less threatened by conciliation than arbitration. The Chinese believe that when a dispute occurs, informal, friendly negotiation should be used first to solve the problem; if that fails, conciliation should be tried. For additional information see page 186-187.

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