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19 Cards in this Set
- Front
- Back
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majority of the legal systems of the world
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common law
civil or code islamic law socialist/marxist philosophy |
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common law
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seeks "interpretation through the past decisions of higher courts which interpret the same statues or apply established and customary principles of law
not being all inclusive |
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code law
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code law is considered complete
ownership determined by registration commercial civil criminal |
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islamic law
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koran
property rights economic decision making types of economic freedom prohibition against the payment of interest equality and fairness for the good of society |
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marxist socialist tenets
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more involved in trade - develop legal trade system
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international legal disputes
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no judicial body
contracts where a contract was entered into where the provisions of the contract were performed best to include jurisdictional clause |
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conciliation
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nonbinding agreement between parties to resolve disputes by asking a third party to mediate differences
private and confidential arbitration clause should be included |
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arbitration
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the parties agree to arbitrate in the case of a dispute according to the rules and procedures of some arbitration tribunal
they agree to abide by the awards resulting from the arbitration |
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litigation
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seek settlement
deterrents- dear of creating poor image unfair treatment in a foreign court high cost loss of confidentiality |
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counterfeiting and piracy
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100 billion annually - us
counterfeit goods almost impossible to distinguish 2% drugs each year counterfeit could benefit microsoft - trial products |
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prior use
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whoever can establish first use is typically considered the rightful owner
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registration
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the first to register a trademark or other property right is considered the rightful owner
best method to protect intellectual rights |
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Antitrust
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nonexistent or not enforced till later 20th century
us intervenes when non us companies take over us companies |
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foreign corrupt practices act
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makes it illegal for companies to pay bribes to foreign officials, candidates, or political parties
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national security laws
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prohibit a US company to sell controlled products without special permission from the US governmetn
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antitrust laws
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protect american consumers
protect american export and investment opportunities against any privately imposed restrictions |
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antiboycott law
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us companies are forbidden to participate in any unauthorized foreign boycott
required to report any request |
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extraterritoriality of US laws
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important to US multinational firms
foreign governments fear the influence of american government policy on their economies through US multinationals |
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cybersqautters
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buy and register descriptive nouns and names and hold them until they can be sold at an inflated price
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