SHORT ANSWER AND TRUE/FALSE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. When you operate a business internationally and you decide to use a foreign distributor of your product, what will be the criteria (using U.S. law) to determine if you will be liable (civilly) for fraudulent misrepresentations made by that distributor to your customers? Assume that all of the elements of fraudulent misrepresentation are shown by the evidence. If you are a manager of a company here in the United States and one of your employees commits an environmental crime, as defined by the responsible regulatory agency, what doctrine can prosecutors use to charge you with that crime even though you did not personally commit it? What are the two legal terms that are used in most civil cases to attribute the act of an agent back to the principle and to make the principle liable for the act or omission of the agent when that act or omission harms someone? The act of an independent contractor can be attributed back to the person who hired him as long as the act was done within the line and scope of the job for which the independent contractor was hired. True/False? When a U.S. business decides to do business overseas, what term is used to describe the actions of foreign governments enacting law calculated to protect local representatives regardless of the deal that a particular representative has negotiated? What term describes the requirement that the European Union has which requires its member states to enact systems which notify companies’ agents that the principle expects that the agent’s volume of business – and thus the agent’s commission – will be “significantly lower” than what the agent “normally” makes? Under the First Amendment, the doctrine that allows government to regulate the content of a company’s advertising is called the: On what two bases does the Federal Trade Commission have the right to regulate the content of commercial advertising? In both fraudulent misstatements and failures to disclose in commercial transaction, there is an element of reliance. What is the name of that reliance? With respect to that element of reliance, under Alabama law, if there is a false representation made to me in the context of the commercial transaction, and I am later provided written documents which, if I had read them, I would have realized that the precedent misrepresentation was false, I am excused from not having read the documents and I still have a cause of action in tort for the misrepresentation? True/False? There are two basic fiduciary duties that arise out of traditional corporate governance structures. What are they? What is the “Duty of Oversight” and of which fiduciary duty is it a part? What is the Business Judgment Rule? What two criteria are necessary for the Business Judgment Rule to be applied by a court? What is the psychological term that describes why judges, with respect to the Business Judgment Rule, do not look back and second guess the substantive content of the decisions of a board of directors? What is the psychological term that describes what can happen to a person when he or she is told: “Everyone does it this way” or “This is the way that it has always been done around here”? Cases decided by the United States District Courts for the Northern, Middle, and Southern Districts of Alabama are appealed to what Circuit Court of Appeals? 18. If a lawyer files an application for a Writ of Certiorari to the United States Supreme Court, that means that the case will automatically be heard because a Writ of Certiorari means that there is an automatic right of appeal of that case to the Supreme Court. True/False? 19. Most European countries’ legal systems are referred to as being inquisitorial because of the roles of the judges, the lawyers, and the absence of a jury system like we have here in the United States. In contrast, the system in the United States is referred to as being: 20. Most Federal legislation, both civil and criminal, must be based on what Clause in the United States Constitution? BONUS (3 points) Describe the inherent differences between the Unites States legal system, which is basically a Common Law system, and the legal systems of Europe (excluding England and the other Common Law countries) and Latin America. CERTIFICATION By submitting my responses to this Mid-Term Exam and placing my identification information at the beginning of the Exam, I hereby certify and affirm that I have neither given any, nor received any aid, on this Exam to or from my classmates. Copyright 2015 Orrin K. Ames III ...