Reference no: EM133211544

1. Which is not correct when identifying the five grounds that a defendant may use to persuade a common law jurisdiction in Canada not to recognize and enforce a US based court decision?

1. lack of jurisdiction over the subject matter or the parties and/or lack of identity of the defendant

2. the judgment was procured by a fraud on the court

3. there was a failure of natural justice

4. enforcement of the judgment would be contrary to public policy in Ontario

5. judgement was produced by a lower circuit court

2. The perceived advantages of arbitration over litigation include the following except: (p. 306)

1. arbitration is often faster than litigation.

2. the rules governing admissibility of evidence are more flexible than those in litigation.

3. pre-trial discovery is broader in scope than it is in litigation

4. an arbitral award is more easily enforced in foreign countries than is a judgment.

5. an arbitration may be more private than litigation.

3. Parties entering into the negotiations involving an international sale should be aware that more than one contract may be necessary.

1. The primary contract deals with the sale of goods*

2. The primary contract deals with financing

3. The primary contract deals with insurance

4. The primary contract deals with transportation

4. Regarding letters of credit, an advising bank:

1. Is a corresponding bank in the country of the exporter which delivers the credit to the exporter.

2. Accepts the responsibility for paying the letter of credit

3. Adds its creditworthiness to that of the issuing bank

4. All of the above

5. None of the above

5. Which of the following is true about a bill of lading?

1. It is a receipt for goods issued by a carrier

2. It is evidence of a contract of carriage

3. It is a document of title

4 All of the above are true

5 Only a and bare true