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Question
(p. 78) Drafting of ADR contract clauses is a proactive attempt to ensure that litigation will be avoided should a dispute arise.
Answer
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Related questions
Q:
An international contract between two merchants is the subject of a dispute between the two companies, Universal Exports and Global Industries. The Universal offer specifies delivery by January 15 while the Global acceptance specifies delivery by July 15. Discuss how the CISG will resolve this dispute.
Q:
A United Nations agency has requested an advisory opinion from the International Court of Justice concerning the applicability of the Geneva Conventions to a rebellion within an African nation. No party to the actual conflict has made a request to the United Nations or the International Court of Justice. Discuss the right of the International Court of Justice to issue the advisory opinion.
Q:
When a contract subject to CISG exceeds $500 it:
A. is enforceable without the need to be written.
B. must be written to be enforceable.
C. must be written and reviewed by attorneys for both sides.
D. must be written if the value of the contract exceeds ten percent of the net worth of a party.
Q:
The International Criminal Court:
A. uses the prisons of member nations.
B. has jurisdiction over individual defendants.
C. does not have imprisonment as punishment.
D. uses exile and imprisonment in the nation of the victim as punishment.
Q:
The globalized new world order is the only theory that has abandoned the notion that:
A. multi-national corporations are the seat of power.
B. NGOs should act as a global police.
C. the nation-state is the primary actor on the global stage.
D. international law has a set of unambiguous goals.
Q:
CISG could apply to a contract between Melinda, a U.S. consumer, and Big Co., a German company.
Q:
Joe, a victim of human rights abuses, may bring a case before the International Court of Justice.
Q:
The UN's power to enforce its decrees is a matter of voluntary acquiescence.
Q:
Hercules Steel Castings Company, Inc. manufactures steel castings. It does not follow the permissible limits with regard to the release of polluting gases in the air. It has also failed to report violations of pollutions control laws to the federal government. Which act does it violate and which agency would have the powers to prosecute this organization?
Q:
_____ is aimed at understanding the laws of nature and the principles of the physical universe without any practical goals in mind.
A. Pure research
B. Juriscience
C. Motivation test
D. Applied research
Q:
The _____ is responsible for regulating the transportation and the wholesale price of natural gas and electricity sold for use in interstate commerce.
A. National Transportation Safety Board
B. Federal Trade Commission
C. Federal Energy Regulatory Commission
D. Federal Communications Commission
Q:
_____ is an academic discipline that studies the natural universe with the goal of understanding the physical laws that guide the operation of the universe.
A. Philosophy
B. Law
C. Technology
D. Science
Q:
The Copenhagen Accord actually operates outside the jurisdiction of the United Nations.
Q:
Police power is the state's authority to promote public health, safety, welfare, and morals.
Q:
The general welfare clause has been used over the last two centuries to give Congress the power to create a national police force and the FBI.
Q:
International power depends upon the type of international institution that is charged with oversight responsibilities.
Q:
Betty is unhappy with her physician, Todd, and wants a copy of her medical records to be able to consult another physician. Todd says the records are his work product and his property. Discuss the likely outcome of this dispute.
Q:
Big Co. has made a variety of unsecured, undisclosed, large personal loans to top management officials. Belinda audits Big and discovers this problem. Discuss what type of audit opinion Belinda is likely to issue.
Q:
Which of the following would be considered a valid informed consent by a court?
A. Dr. Ambrose tells her patient in advance about a dangerous procedure and the risk involved, and obtains the patient's informed consent in writing on a form that is signed by the patient.
B. Dr. Ambrose tells her patient in advance about a dangerous procedure and the risk involved and obtains the patient's informed consent in writing on a form that is signed by the patient and witnessed by a third party.
C. Dr. Ambrose obtains her patient's oral informed consent, which is witnessed by a third party.
D. Dr. Ambrose tells her patient the procedure is mandatory.
Q:
An attorney also has a _____ to protect the client and to make certain that the client receives advice and representation that is free of conflicting interests.
A. duty of due care
B. duty of loyalty
C. duty of proximity
D. duty to act in good faith
Q:
Ostensible authority is created when a hospital presents itself to the public-at-large as a provider of health care services and in some way leads the patient to believe that a physician with staff privileges is an employee of the hospital.
Q:
For a patient to succeed in a negligence case against a health care professional, the patient must demonstrate that the health care provider owed a duty to that patient.
Q:
Dai executes a will and provides copies to all her children. Later she prepares a different will and destroys the first original will but not the copies. Has the original will been canceled?
A. No, since the copies still exist.
B. Yes, since Dai destroyed the original.
C. No, since delivering the copies prevents Dai from later changing her will.
D. Yes, since the last will is always the one probated.
Q:
While in combat, a soldier, in front of four witnesses, made an oral will in which he distributed personal property. Such a will was:
A. a nuncupative will, which is not valid in most states.
B. a nuncupative will, which is valid in all states.
C. a valid holographic will.
D. intestate.
Q:
When a trust is established, legal and beneficial titles remain with the trustee.
Q:
In case of simultaneous death of husband and wife property owned jointly by both of the deceaseds is distributed equally between the heirs.
Q:
A devisee receives real property under a will.
Q:
Gracie was a single mother of ten children, of whom three were adopted, and two were stepchildren. One day, Gracie was struck by a car and killed. She died intestate. Will all her children inherit from her? Explain.
Q:
John liked the language of his grandfather's will and made a copy of it, and handwrote in some changes to names and dates and signed this copy in the presence of witnesses. Discuss if John's will is valid.
Q:
Due to a severely cold winter, the city's water mains connected to Mountain Apartments froze and broke leaving Mountain tenants without water or heat from the Mountain boiler. Discuss what liability, if any, Mountain has to the tenants.