IMBA International Business Law – Flashcards
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Law
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rules of order that dictate some minimum expectation for how to live in a society for civility and reduced chaos with reasonable protections of rights and minimal interference of others rights
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Burden of Proof (2)
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obligation to prove one's assertion, always rests on plaintiff
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Types of Law (2)
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criminal, civil
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Main civil theories (2)
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tort law, contract law
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types of Tort Law (3)
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intentional, negligence, strict liability
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intentional torts (5)
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assault and battery, defamation, false imprisonment, trespassing, intentional infliction of emotional distress
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negligence
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failure to use reasonable care under the circumstances
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strict liability
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not intentional or negligent but still wrongdoing/harm done
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sources of law in US legal system (6)
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state statutes, federal statutes, administrative, constitutional, common law, branches of government (checks and balances)
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types of legal systems in international (4)
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common, civil, theocratic/Islamic, Socialist
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Common law (US, UK, Canada, Australia, India)
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rely on previous court decisions through precedent
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Civil law (France, Germany, Scandinavian Countries, Japan, Russia, South Africa)
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extensive codes and statutes derived from the Roman era
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Islamic/Theocratic Law (Middle East)
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religion/religious texts are the rule of law
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Socialist System Law (North Korea, Cuba)
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government controlled
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International Doctrines (3)
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Comity, Act of State, Sovereign Immunity
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Comity
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US will recognize judgments of other countries (because we want them to reciprocate and recognize our judgments)
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Act of State
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do not interfere with government activities if they are within the boundaries of that country (Mexican company in US cannot fight eminent domain)
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Sovereign Immunity
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will not sue foreign nations in a US court unless it makes sense to do so
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Times when it makes sense to sue foreign nations in a US court (3)
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country waives their immunity, country engages in activity with direct impact on US, tort was committed within US borders
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sources of International Law (3)
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customs, treaties/international agreements, international organizations
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Essentials to a Binding Contract (5)
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Mutual Assent, Consideration, Capacity, Legality, Statute of Frauds
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Mutual Assent (2)
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meeting of the minds between a promisor and promisee, determined by an offer/proposal and acceptance/approval of offer
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Consideration (3)
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value given in exchange for both offeror and offeree, past consideration is No consideration, preexisting duty rule
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preexisting duty rule
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if it is already the job, duty, responsibility, requirement, etc. of the person it is not consideration (firefighter or police officer)
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instances where no consideration is given (2)
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promise of future gifts, can be a benefit for the offeror or detriment to the offeree
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Capacity
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the ability or power to do, experience, or understand something
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groups that lack capacity (3)
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minors, mentally incompetent, intoxicated persons
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minors
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cannot avoid contracts for necessity items, can avoid/void contracts for luxury/non-essential items and receive full refund in return no matter what
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mentally incompetence and intoxicated persons
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must make some restitution
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Legality
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a contract must have the quality or state of being in accordance with the law
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non-legal contracts (4)
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contracts to commit a crime/intentional torts, Sunday contracts (not necessarily anymore), usury violation, regulatory license violation
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Statute of Frauds
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writing requirement for a contract
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mutual assent under Common Law - binding offer (3)
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must have definite terms, the proposal must be communicated with only the intended offeree (ad in a paper is an invitation to offer, not an offer itself), there must be an objective intent to enter into a contract (reasonable offer)
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mutual assent under Common Law - termination of offer (7)
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revocation, rejection, lapse of time, irrevocable offers, death, bankruptcy, destruction of subject matter
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revocation (2)
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act by offeror, can terminate offer anytime before acceptance
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rejection (3)
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act by offeree by saying no to offer, if the offeree then changes their mind and wants to accept they must now make a new offer, counteroffers are considered rejection and new offer
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lapse of time (2)
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specified, unspecified
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specified lapse of time
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exact amount of time is given to consider the offer and that time has elapsed
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unspecified lapse of time
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reasonable but not exact amount of time is given to consider offer under the circumstances and that time has elapsed
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irrevocable offers (under common law)
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require option contracts
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option contract
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requires consideration in return for option to exercise or not in the future (offeree give $50 for 3 days to think about offer)
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mutual assent under Common Law - acceptance (3)
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mirror image rule, mailbox rule
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mirror image rule
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the acceptance must be exactly the same terms as the offer and any deviation makes it a counteroffer (or rejection and new offer)
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mailbox rule
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timing rule that states an acceptance is valid upon dispatch from the offeree and not receipt of the offeror, only applies with consistent or faster medium of communication (mail and mail or mail and fax) and done correctly (proper address and postage, etc.)
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consideration under Common law
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any modification of a real estate contract requires new consideration
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statute of frauds under Common law (4)
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real estate contract, long term contract (not completed in under a year), promise to pay debt of another, certain marriage contracts (if there is a performance component with the vow - I'll give you a Porsche if you marry me)
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type or writing acceptable under Common law
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almost anything works (napkin, post it note, printer paper, email, etc.) but must have clear/legible definite terms and signature of party to be charged
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parol evidence rule
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all terms must be in the completed writing because no testimony of oral modifications can be submitted during trial if not in writing
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performance of common law contracts (3)
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perfect, substantial, insignificant
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perfect performance
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face amount of contract is due if the performance is carried out exactly to the terms in the contract
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substantial performance
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if there is a good faith attempt at performance but still a technical breach occurs because not all terms in contract are met then the price can be adjust given the problem
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insignificant performance
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if there is a substantial breach of contract which leaves the breached upon party with no recovery then there is no liability to pay
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damages/remedies under common law
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compensatory damages/remedy of resale as a recourse to make the innocent party whole (if a contract for $400,000 and buyer walks away, but can still sell for $385,000 then can only sue buyer for remaining $15,000), no punitive damages are allowed because the goal is not to punish the guilty party but to make the innocent party whole
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Uniform Commercial Code (UCC) (5)
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rules and codes developed in the 1950's for sales of goods contracts, every state adopted except for Louisiana, does not apply to services or real estate (that would be under common law), for mix of service and goods contract apply UCC or Common depending on which is dominant portion of contract in financial terms
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mutual assent under UCC - offer
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definite terms with a few exceptions
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exceptions for definite terms under UCC (4)
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price term can be left open and determined to be fair market value, delivery date can be left open and determined to be at a reasonable time given the circumstances, can have an open delivery location and if it is the first time doing business and do not specify that dictates buyer pickup at seller location, must agree on quantity
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mutual assent under UCC - irrevocable offer (2)
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firm offer must be made by merchant in that industry (someone who typically deals in that industry) in writing, no consideration is required for extra allotted time to think about offer
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mutual assent under UCC - acceptance (2)
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no mirror image rule, battle of the forms, mailbox rule applies
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battle of the forms (2)
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if there are only minor deviations or discrepancies between the offer and acceptance then UCC says contract is valid, last shot rule applies
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last shot rule
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the last revision to come through as an acceptance is in effect as long as an objection does not take place
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consideration under UCC
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modifications to goods contracts without consideration is acceptable as long as both parties act in good faith
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statute of frauds under UCC (3)
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sales of goods over $500 must be in writing to be enforceable, signature of party to be charged is required unless using written confirmation rule, parol evidence rule is followed
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exceptions to statute of frauds of $500 requirement under UCC (3)
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specially manufactured goods, admitting terms under oath, partial performance (take the portion accepted out of the statute and make it binding)
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written confirmation rule (2)
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party not being charged can send a confirmation letter/email that satisfies the requirement as long as the party to be charged does not object within a reasonable amount of time, this must occur between merchants in writing that outlines the terms
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seller responsibilities for performance under UCC (2)
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comply with perfect tender rule, cure rights
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perfect tender rule
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protects the buyer by allowing them to insist on perfect performance
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cure rights (4)
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allows seller opportunity to correct any defect or discrepancy within timeframe of original deal (if any time left), requires buyer notify seller of problem/why rejection of goods is occurring, does not apply if seller delivers at last minute and order is incomplete or incorrect, if last minute and offer is lacking portion and seller offers buyer something that better than originally offered then more time can be granted but buyer can still reject order
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buyer responsibilities for performance under UCC (2)
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pay, inspection rights
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inspection rights of buyer
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able to inspect goods prior to payment unless it is a cash on demand contract
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buyers options if portion of order is incorrect (3)
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reject entire order, accept entire order regardless of error, accept correct portion and reject incorrect portion
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risk of loss rules under UCC (2)
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carrier contracts, non-carrier contracts
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carrier contracts (2)
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shipment contracts, destination contracts
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shipment contracts (2)
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in-transit risk is on buyer, seller must get goods to carrier and then risk is transferred
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destination contracts
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in-transit risk is on seller until delivery is made directly to buyer
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non-carrier contracts (2)
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merchant seller, non-merchant seller
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merchant seller
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risk is on seller even if buyer is late because the seller is a merchant and can rely on inventory insurance
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non-merchant seller
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risk is on buyer upon tender of delivery (when it is made available to buyer) even if they do not show up
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warranty law under UCC (4)
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title, express, implied, disclaimers
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warranty of title
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proves that goods are not stolen or encumbered
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express warranty (3)
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representation of fact about a product will perform as represented, puffery or sales talk does not qualify as an express warranty, model or warranty book presented must match actual product sold
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implied warranted (2)
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merchantability, fitness
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merchantability
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good if fit for ordinary purpose
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fitness (for particular purpose)
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not restricted to just merchants (as merchantability is), seller must know buyer's particular purpose, buyer relies on seller's opinion, seller provides inadequate product recommendations/sale
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disclaimers (2)
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as is, limited warranty, full or lifetime warranty
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as is disclaimer
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voids any breach of merchantability or fitness warranty claims
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limited warranty disclaimer
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cannot limit the merchantability or fitness on new products but can limit the duration of said warranty
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seller remedies (if buyer is in breach) under UCC (2)
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resale, lost profits
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resale
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recoup the difference between original contract price and resale price
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lost profits
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more for inventory vs. one item with resale
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buyer remedies under (if seller is in breach) UCC
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cover
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cover
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sue for the amount of higher costs due to sudden breach
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Convention for International Sale of Goods (CISG) (3)
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created in the 1980's for international sale of goods, influenced by the UCC but not does not/cannot follow it exactly, adopted by about 84 countries
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mutual assent under CISG - offer
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ads can be deemed as offered because typically these sellers have the inventory of multiple items to sell, firm offers do not have to be in writing and can be merchant to merchant, price cannot be open but must be specified, quantity always must be specified
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mutual assent under CISG - acceptance (3)
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does not follow mirror image rule, follows battle of the forms, mailbox rule is not followed but instead acceptances are valid upon receipt largely due to time zone issues in international transactions
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statute of frauds under CISG -
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no writing requirements, parol evidence rule not followed
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why no writing requirements under CISG
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largely due to cultural differences in international transactions (many countries allow or expect verbal agreements/oral contracts) but many international contracts will still have some written component because of the large price involved
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performance under CISG
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does not follow perfect tender rule, can only reject contract if there is a fundamental breach, buyer has inspection rights, cure rights are extended
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cure rights under CISG
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seller must be notified of the problem, cure is extended beyond original contracted date of delivery to be reasonable and flexible given the nature of international deals
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warranty law under CISG
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all apply (title, express, implied, merchantability, fitness)
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risk of loss under CISG
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all fall under carrier contracts and Incoterms given international/mutlimodal travel
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what to do is UCC or CISG is not specified (4)
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UCC if both companies are American based, If one is American and one if foreign then CISG applies, if a disagreement on which law controls judge will appoint CISG, CISG is evidence of trade customs and thus controls customs in a country and if a dispute arises over conflict of a peculiar law custom of the CISG can be an influencing factor
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types of intellectual property (3)
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trademark, patent, copyright
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trademark
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unique marks to a brand that are valuable to the company due to brand recognition/loyalty
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length of trademark (3)
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has to the potential to last a lifetime or longer due to renewability, first filing is good for 6 years, each subsequent filing is good for 10 years
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infringement of trademark (3)
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requires company policing the marks in order to avoid abandonment and report infringements, Circled R is a registered trademark on the federal level, TM is trademark on the state level
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patent
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protections for inventions of product, services, and processes
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length of a patent (3)
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exclusive rights on a patent are granted to the inventor for 20 years, the patent application is made available to the public making the information accessible to competitors (to stimulate competition), royalties are still due to original patent owner for duration of patent
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requirements for a patent (3
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inventor must be able to show the invention is novel, has utility, is non-obvious (to someone experienced in that industry)
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trade secret law
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if the aspect is extremely valuable companies should pursue trade secret law versus patents to avoid public divulging of information and require employees to sign confidentiality and non-compete agreements
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copyright
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protection of artistic efforts such as written or performed works
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length of copyright
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good for the lifetime of the artist plus 70 years
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reach of copyright
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further than most think, commercial use (such as in a bar or store) can be subject to licensing fees or otherwise copyright violations, doctrine of fair use
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doctrine of fair use
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using copyrighted materials for educational purposes is not considered infringement
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international intellectual property rights - patents (3)
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Paris convention of 1883, World Intellectual Property Organization (WIPO), EU single filing
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Paris convention of 1883
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each country taking part has to give same protection to outside patents that they gave to their own residents, date of intial filing in home country is effective date applied when transferring to/filing in another country
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World Intellectual Property Organization (WIPO) (3)
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agency of the United Nations, created uniform application process, headquartered in Switzerland 186 countries (wide recognition)
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EU single filing (2)
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single filing process for 34 countries and one court for patent disputes
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international intellectual property rights - copyrights (2)
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Berne Convention of 1886, 2002 Copyright Treaty
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Berne Convention of 1886
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did not have to file with any entity but simply include a Circled C on artistic work to get protection from infringement
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2002 Copyright Treaty
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WIPO takes on copyright filing responsibilities
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international intellectual property rights - Trade Related Intellectual Property Rights (TRIPS)
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part of the World Trade Organization, all member countries must recognize all three IP (trademarks, copyrights, patents), all patents must be protection for at least 20 years, all copyrights must be protected for at least 50 years plus the lifetime
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antitrust law goals (3)
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full and fair competition, no collusion, no/reduced restraints on trade
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1890 Sherman Antitrust Act
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government involvement in industry sparked by robber Barron's but especially Rockefeller wanting to be the only provider in oil industry
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Section 1 of 1890 Sherman Antitrust Act: Restraints of Trade (2)
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Illegal Per Se, Rule of Reason Test
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illegal per se
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violation of law
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types of illegal per se activities (3)
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horizontal price fixing agreements, horizontal market or territory allocation, group boycotts
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rule of reason test
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permissible or lawfully allowed activities
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types of activities that pass the rule of reason test (3)
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vertical market or territory agreement, vertical mandatory resale pricing agreement, exclusive dealing contracts (tied to quality)
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price discrimination rules
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prohibit sales below cost except if it is a going out of business sale, a grand opening sale, sale of perishables
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Robinson Patman Act
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treat all retailers the same except when pricing to meet competition or cost justification
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horizontal agreements
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agreements between competitors at the same level of the supply chain
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vertical agreements
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agreements between members up and won the supply chain (between manufacturers, wholesalers, retailers, etc.)
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Section 2 of 1890 Sherman Antitrust Act: Antimonopoly Provisions
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wrongful attempts to monopolize, innocent attainment of a monopoly, merger activity
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wrongful attempts to monopolize
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62% market share can be considered a monopoly
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innocent attainment of a monopoly (2)
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very good high capital areas, powerful patent
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merger activity (3)
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horizontal between competitors which can be damaging to consumers, vertical along the supply chain, conglomerate diversification through mergers
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Antitrust law on the international level (2)
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stop collusion that restricts competition, stop abuse from any dominant market share holder
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export controls
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quotas which set restrictions on the number of exports
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import controls
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tariffs/duties, non-tariff barriers
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examples of tariffs/duties (2)
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dumping fees, countervailing duties that make up for subsidized goods/industries
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examples of non-tariff barriers (2)
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quotas, embargoes
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risks of international trade (3)
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restrictions on repatriation of profits, moratorium, political risks
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moratorium
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prohibit payment to a country or individual/company within a country
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international trade commission
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court of international trade
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homeland security (4)
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border and transportation authority, emergency preparedness and response, science and technology, information analysis and infrastructure protection
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border and transportation authority (4)
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secret service, FEMA, coast guard, customs and border protection
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commerce department
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international trade administration
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international trade administration
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US bureau of industry and trade, looks at national security and policy, enforces US export controls
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Employment Law in US (5)
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employment at will doctrine, title VII of the Civil Rights Act of 1964, fair labor standards act (FLSA), equal pay act of 1963, age discrimination act
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employment at will doctrine
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employer can fire employee for any reason including no reason at all
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exceptions to employment at will doctrine (2)
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if employee has jury duty, if employee has filed for protected benefits such as worker's compensation
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title VII of the Civil Rights Act of 1964
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prohibits employment discrimination on the basis of the neutral factors of race, religion, sex (including orientation/transgender beginning in 2012), national origin, or color in terms of hiring, firing, and terms or conditions of employment
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exception to title VII
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Bona fide occupational qualification
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Bona Fide Occupational Qualification (BFOQ)
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work requirement reasonably necessary to the normal performance of a job, such as being a certain age or gender, or having the ability to lift a certain amount of weight (would not hire a male to oversee a girl's locker room or a Jewish Rabbi to preach at a Catholic church, etc.)
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Equal Employment Opportunity Commission
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reviews claims by disenfranchised employees who may be victims of discrimination under Title VII
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new vs. old law regarding sexual harrassment
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old law stated that it had to involve a loss of benefit (sleep with me or lose your job), new law states it can be a loss of benefit and/or simply creating a hostile work environment (men making lewd comments but no physical threats toward women)
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fair labor standards act (FLSA) (2)
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prohibits child labor, stipulates overtime pay
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equal pay act of 1963 (3)
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females should make the same salary as males, failed due to misconstrued meaning of how the act was defined in terms of similarity between male and female counterparts in the workplace (had to have the exact same job, years of service, etc.), now determined that pay can be different if there is a reasonable factor other than sex
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age discrimination act of 1967
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labor law that forbids employment discrimination against anyone at least 40 years of age in the United States
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benefits in US (4)
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worker compensation, unemployment benefits, social security, occupational safety and health administration (OSHA)
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worker compensation
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form of insurance providing wage replacement and medical benefits to employees injured in the course of employment, through no fault of their own, in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence
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unemployment benefits
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payments by an employer to a laid off worker
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social security (2)
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paid by taxpayers and matched by employers, includes 4 programs
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programs under social security (4)
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retirement, medicare, disability, death
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occupational safety and health administration (OSHA)
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main federal agency charged with the enforcement of safety and health legislation through inspections
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international employment law (3)
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job security in Europe, EU Employment Discrimination Prohibitions of 2000, international labor organization (ILO)
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job security in Europe (4)
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excellent and sturdy job security, employee participation in management decisions, attractive severance packages for employees which often deters firms from firing people frivolously, termination must be for a cause due to wrongful termination suits being more prevalent
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EU Employment Discrimination Prohibitions of 2000
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counterpart but broader than title VII in US
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international labor organization (ILO) (5)
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after WWI (1919), first push to look at working conditions focusing on safety issues, became an agency of the UN, US became involved in 1934 to stress the communication between workers and employers, national labor relations act (NLRA) of 1935
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national labor relations act (NLRA) of 1935 (7)
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also known as the Wagner Act, allows private employees the right to form a union and engage in collective bargaining, formation of unions are by vote and majority rules, collective bargaining systems require that the employers negotiate with a union representative, while employees have the right to engage in strike activities employers also have the right to engage in lock out activities and/or hire permanent replacements, employees must pay dues and support union except for Right to Work Statute state employees, Europe is more unionized than US especially in Scandinavian countries
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Right to Work Statute
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allow state employees the right to work without mandatory union membership/dues requirements
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different methods of resolving international disputes (4)
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settlement agreements, mediation, arbitration, litigation
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settlement agreement (2)
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resolution between disputing parties about a legal case, there is often a good incentive to settle disputes without lawyers when dealing with cross border deals
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mediation (3)
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third party mediator will attempt to intervene into a dispute and make parties discuss differences in order to arrive at an agreement, mediators judgement is a non-binding agreement allowing parties to continue dispute through arbitration or litigation, mediators do not require law degrees/licenses
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arbitration (4)
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third party arbitrator or arbitration panel will allow each side to represent their case and make a binding judgement that is enforceable the same as any court judge's verdict, arbitrators typically do not have law degrees but are usually specialists or experts in the industry in which the dispute is taking place, arbitration clause is in contract dictates that litigation is not an option, usually cheaper than litigation
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litigation
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if a settlement cannot be reached either one their own or through mediation or arbitration then a law suit can be commenced,
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steps to commence a lawsuit (5)
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prepare summons and complaint, forward summons and complaint to sheriff's office for sheriff or deputy to deliver to defendant, answer is prepared by defendant, discovery tools like depositions are used to gather evidence in preparation for trial, trial commences
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summons and complaint (2)
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summons is the order to appear before a judge, complaint is the list of allegations
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trial process (7)
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jury selection, opening arguments, offering of evidence/calling of witnesses (always starts with plaintiff), closing arguments, jury instructions, jury deliberation, judge verdict
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jury selection (2)
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12 fair and impartial jurors, challenges by lawyers can be for cause or peremptory
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challenge for cause
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a request that a prospective juror be dismissed because there is a specific and forceful reason to believe the person cannot be fair, unbiased or capable of serving as a juror
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peremptory challenge (2)
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a defendant's or lawyer's objection to a proposed juror, made without needing to give a reason, each side gets 2
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judge verdict
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can keep, overturn, or adjust (remittitur or additur) jury's decision
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jurisdiction
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over subject matter, over individuals
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subject matter jurisdiction
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be in the right court given the issues/circumstances (divorce is in family court, etc.)
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jurisdiction over the individuals
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sheriff's deputy serves papers, long-arm statute can be invoked, state versus federal
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long-arm statute
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allows for a state court to obtain personal jurisdiction over an out-of-state defendant on the basis of certain acts committed by an out-of-state defendant, provided that the defendant has a sufficient connection with the state
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state courts jurisdiction
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general jurisdiction
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general jurisdiction
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court's authority to hear all kinds of cases, which arise within its geographic area
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federal courts jurisdiction
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limited jurisdiction to hear cases involving disputes between diversity of citizenship that are over $75,000
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venue
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proper venue is either where the cause of the litigation occurred (site of accident or breach of contract, etc.) or the place of the defendant
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General Agreement on Tariffs and Trade (GATT) (1946-1986) (3)
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precursor to WTO, established to boost international recovery through trade after WWII, 8 meetings were held in the 40 years with topics ranging and growing away from just trade while growing membership from 23 to 102 members
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World Trade Organization (WTO)
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GATT became WTO in 1995, currently has 164 member countries, responsible for encouraging/facilitating/regulating trade between members
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functions of the WTO (5)
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trade negotiations, implementation and monitoring, dispute settlements, outreach, building trade capacity
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principles of trading system (5)
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trade without discrimination, freer trade through negotiation, predictability through binding and transparency, promoting fair competition, encouraging development
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criticisms of WTO (6)
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undemocratic, tramples labor and human rights issues, destroying environment, increasing hunger, increasing inequality, increasing international opposition
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North American Free Trade Agreement (NAFTA) (5)
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effective January 1 of 1994, includes Mexico/US/Canada, extension on previous Canada/US free trade area, distinguished/enforceable intellectual property rights, purpose to foster trade by eliminating trade barriers
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NAFTA Successes (5)
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dollar/peso exchange rate stabilized, auto manufacturers moved to mexico instead of china, US reliance on middle-eastern and Venezuelan oil declined, tariffs reduced import prices and inflation risk, consolidated auto manufacturing drives down costs
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NAFTA Advantages (6)
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quadrupled trade, decreased cost of trade, promotes economic growth, decreased prices of goods and services, job creation, US FDI in Canada and Mexico at least tripled
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NAFTA Disadvantages (5)
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manufacturers moved to Mexico, reduced wages, Mexican farmers put out of business, negative environmental impact, deforestation
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Trans-Pacific Partnership (TTP)
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trade agreement among twelve of the Pacific Rim countries and the US
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purpose of TTP (4)
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open markets, set high standard trade rules, address issues in global economy, reduce barriers to trade
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TTP impact of trade (4)
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manufacturing, food and agriculture, natural resources and energy, services
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pros of TTP (3)
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increase economic growth/jobs for member nations, effect on US through increase in agriculture exports and help machinery industry, raise current standards in China
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cons of TTP (3)
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lack of transparency in agreement, strict patent laws will significantly affect pharmaceutical industry, investor-state dispute settlements (ISDS)
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European Union (EU)
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a politico-economic union of 28 member states that are located primarily in Europe with a developed internal single market through a standardised system of laws that apply in all member states to ensure the free movement of people, goods, services, and capital within the internal market
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fundamental purpose of EU
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promote greater social, political and economic harmony among member nations of Western Europe because those economies that are interdependent are less likely to engage in conflict
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EU institutions (8)
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European Commission (like US executive branch), The Council of the EU (like the US Senate), European Parliament (like US House of Representatives), European Council (more like Guidance), European Court of Justice (like US judicial branch), Economic and Social Committee, Committee of Regions, European Court of Auditors
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successes of the EU (8)
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quick implementation of the Euro/monetary policy, created one of the largest economies in the world, free trade, largest suppliers of development and humanitarian programs, helps underdeveloped countries, free movement of people helps with labor shortages, consumer benefits, increased travelling and tourism
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criticisms of the EU (7)
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claims of devaluing the heritage and culture of individual nations, lack of separation of powers leaves room for abuse, common agricultural policy, use of Euro lowers economic growth of more developed countries due to lack of individual monetary policy, free movement of people and safety concerns, regulated labor markets are not addressing high unemployment in regional areas, more developed/wealthy nations at disadvantage
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United Nations (UN)
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intergovernmental organization to promote international co-operation, replacement for the ineffective League of Nations
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purposes of the UN (4)
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peacekeeping, peacebuilding, humanitarian assistance, conflict prevention
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UN security council (4)
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part parliament/part secret diplomatic conclave, investigate disputes/situations that might lead to international friction to determine if it is likely to endanger maintenance of international peace and security, unique ability as only UN body with authority to take legal action whenever peace is threatened, UN members agree to accept and carry out decisions made by SC
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successes of the UN (5)
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world food program (ending famine), vaccinations, world intellectual property organization (WIPO), protecting Galapagos Islands, world peace
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failures of the UN (3)
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Rwanda Genocide, abuse in the Congo, Iraq oil for food program
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UN Impact on trade (2)
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peace leads to stability which leads to expansion of business interests and trade, UN global compact
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criticisms of the UN (14)
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bureaucratic processes, undemocratic security council, lacking local partnerships, overlapping agencies, poor internal governances/transparency/accountability, reactive vs. preventative, irrelevant, report writing vs. implementation, bloated and inefficient, dominated by the rich, job lobbying, marginalized G77, too much funding from too few, not enough funding
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Brexit (3)
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Britain's Exit from the EU, referendum on June 23 2016, vote for leaving won 52% to 48%
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why people wanted referendum (3)
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feel EU was not addressing issues occurring since 2008 in southern Europe, rise of nationalism, UK faced loss where both parties had endorsed remaining with EU but many members had gone in opposition
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breaking down vote (geographically and demographically) (2)
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Northern Ireland and Scotland voted majority to stay while England and Wales voted just over majority to leave (but the capital cities of England and Wales voted majority to stay), most young and educated people voted majority to remain but turnout of young people was lower
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problems with leaving for emigrants/immigrants, etc. (2)
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there is a large majority of UK residents that live or have moved abroad in EU countries that now face the risk of deportation but most did or could not vote, there are a large number of other EU residents in the UK that face the same threat but had no right to vote on the issue
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Article 50 and Brexit (5)
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any country in EU is allowed to leave as long as it is in accordance with the country's constitution (holding a referendum satisfies this), exiting country must notify European Council to engage in negotiations and arrangements, treaties cease to apply, exiting country can not be a part of any negotiations if agreements are not met, countries that want to then reenter must invoke article 49 and redo the entry process
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current status of Brexit (2)
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in November the High Court ruled that Article 50 cannot be invoked without Parliament, there will be an appeal of the High Court's ruling on Dec. 3rd
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North Atlantic Treaty Organization (NATO) (2)
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began April 9th 1949 to deter Soviet aggression towards various elected governments through a large and supportive alliance, currently has 28 members
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original purposes of NATO (3)
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deter Soviet expansion, forbid revival of nationalist militarism in Europe through strong North American presence, encourage European political integration
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NATO during and after the Cold War
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during = massive retaliation and detente, after = war in Yugloslavia
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evolution of NATO's functions/relevance (5)
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wider definition of defense, changes in security environment coupled with new tasks, focusing more on partnerships and cooperation, peacekeeping operations enforced, military focuses on more efficient deployable troops and learner operations
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NATO's impact on Russia (5)
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Eastern Atlantic partnership council, heightened awareness of possible conflicts, NATO-Russia Council, Russian pride vs. need for coalition, propaganda war, NATO enlargement is seen as encroachment and disrespectful of security concerns and promises made
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EU reaction to Russian annexation of Crimea (3 sanctions and 1 Russian countersanction)
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restricted access to Western financial markets/services, embargo on exports to Russia of high-tech and oil exploration/production, embargo on exports to Russia of military/dual-use goods, Russia banned food imports from Western nations