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24 Cards in this Set
- Front
- Back
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What are the three sources of international law? |
International Customs, Treaties and International Agreements, and International Organizations |
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Treaty |
A formal international agreement negotiated between two nations or among several nations. |
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Who must approve treaties in the United States? |
The Senate |
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International Organization |
An organization that is composed mainly of member nations and usually established by treaty (i.e. The United Nations) |
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What are the two main things International Organizations do? |
Adopt resolutions, declarations, and other types of standards that often require nations to behave in a particular manner Create uniform rules that promotes uniformity in international law to settle disputes between parties, usually in the interest of trade and commerce |
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Convention on Contracts for the International Sale of Goods (CISG) |
Designed to settle disputes between parties to sales contracts. It spells out the duties of international buyers and sellers that will apply if the parties have not agreed otherwise in their contracts. |
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Do the CISG govern all nations? |
No. The CISG governs only sales contracts between partners in nations that have ratified the CISG. |
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Comity |
One nation will defer to and give effect to the laws and judicial decrees of another country as long as they are consistent with the law and public policy of the accomodating nations |
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Act of State Doctrine |
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 |
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Expropriation |
A government seizes a privately owned business or privately owned goods for a proper public purpose and awards just compensation |
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Confiscation |
A government seizes private property for an illegal purpose or without just compensation |
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The Doctrine of Sovereign Immunity |
Immunizes foreign nations from the jurisdiction of U.S. courts |
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Sales Contract |
Contract for the sale of goods |
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Which Article modifies some of the common law contract requirements to facilitate commercial transactions? |
Article 2 |
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Sale |
The passing of a title to property from the seller to the buyer for a price |
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Difference between tangible and intangible property regarding Article 2 |
Article 2 only considers tangible property |
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Predominant-Factor Test |
A test courts use to determine whether a contract is primarily for the sale of goods or for the sale of services |
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Default |
When a debtor fails to pay |
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Lien |
A claim against property to satisfy a debt |
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Mechanic's Lien |
A lien on real property for services and work performed on the property |
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Artisan's Lien |
For labor and materials furnished to repair or improve personal property. The lienholder must retain possession |
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Judicial Lien |
The court orders a lien to satisfy a debt |
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Writ of Attachment |
Seizing another's property |
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Writ of Execution |
Selling property to pay the debt |
