The Examination consists of the followingtypes of questions: (1) Short Answer;(2) True/False and if false, explain why it is false; (3) Short Essay; (4)Bonus Question. The point value of each question is designated on the sectionsthat contain the respective questions. The questions are not organized in the chronological order in which wetook the topics during our class meetings.I have provided a variety of question formats toallow for the various types of questions with which each of you might be morecomfortable. This was done for yourindividual and collective benefits. ShortAnswer (I have left blanks indicating where the correct response would go in the sentence. Just put your response at the end of the sentence. Do not put it where the blank is.)1. In the case of Global-TechAppliances, Inc., et al. v. SEB, SA,131 S.Ct. 2060 (2011), which involved inducement of direct patent infringement,the Court applied a mens rea (stateof mind) that is traditionally found in criminal law to the “knowing” state ofmind now required for inducement of patent infringement. What is that state of mind?2. With respect to the ForeignCorrupt Practices Act (FCPA), what is the state of mind required for theelements of making the prohibited payment directly or indirectly to a foreignofficial?3. In an internal investigation inconnection with the possible violations of the Foreign Corrupt Practices Act(FCPA) an attorney conducting the investigation must advise company personneland witnesses who she interviews that, with respect to her role, she is theattorney for——.4. In the case of Kiobel v. RoyalDutch Petroleum, 132 S.Ct. 1659 (2013), the Court held that the Alien TortStatute could apply to conduct that occurred outside of the United States onlywhen the evidence shows what?5. There are two types of personaljurisdiction. What are they?6. With regard to personaljurisdiction, what are the words that the courts use to describe the test thatmust be satisfied in order for the requirement of Due Process to be met?7. As contrasted between mediationand arbitration, in order to enforce arbitration, the courts must find thatthere was a——between the parties in which the arbitration agreement iscontained.8. As contrasted between mediationand arbitration, a mediator does not make findings of fact or conclusions of—-, but an arbitrator does. What isthat difference?9. If a party does not abide by anarbitrator’s decision, the winning party may file what type of action to enforce the arbitrator’s decision?10. The DOJ (U.S. Department of Justice.) frequently uses a————when investigating a corporation for a potentialcriminal offense to encourage the corporation to cooperate. What is it that the DOJ frequently uses?11. When designing a compliance andethics program, you must keep in mind that the Organizational SentencingGuidelines will result in a court evaluating that program to make sure that itis an———program. What is the termused in the Sentencing Guidelines?12. If a Board of Directors doesnot establish a compliance and ethics program in a corporation, what fiduciaryduty has the Board breached?13. A compliance and ethics programshould contain, as part of the compliance dimension, a focus on understandingthe legal rules that apply to the particular business, the risks involved, andwhat it takes to comply with the law. Incontrast, the ethics portion of any compliance and ethics program should be—–based. 14. In addition to having acompliance and ethics program and continuous training on the program, acompliance and ethics program must have ———–.15. The Dodd-Frank Act required theSecurities and Exchange Commission to set up what type of program forwhistleblowers?True/False (These questions are premised directly on matters found in your text.)1. American Antitrust law does notapply extraterritorially even if such antitrust conduct has a direct,substantial, and reasonably foreseeable effect on U.S. commerce or on thebusiness of a person engaged in exporting goods from the U.S. to foreignnations. True/False?2. Title VII (employment lawprovisions regarding discrimination in employment), does not applyextraterritorially to employees of U.S. companies abroad. True/False?3. American patent law (excludinginducement of patent infringement) does not apply extraterritorially. True/False?4. The Foreign Corrupt PracticesAct applies only to U.S. persons and corporations and not to non-U.S.persons. True/False?5. The Sarbanes-Oxley Act has beenheld by the courts to apply extraterritorially. True/False?6. If an employee proves a prima facie case of employmentdiscrimination under Title VII, the burden of production shifts to the employerto prove a bona fide occupational qualification (BFOQ) which will be a defenseunder Title VII unless the employee plaintiff proves that the alleged BFOQ is apretext i.e. is an unjustified and unsupported excuse advanced by theemployer. True/False?ShorterEssay 1. Other than court-ordered mediation, bothmediation and arbitration should be considered to be voluntary. Explain.BonusQuestion Trust is, or at least should be, anorganizing principle in business relationships. Assuming that is true, does the “fairness doctrine,” which is part ofthe Fiduciary Duty of Loyalty, as applied in American courts, support theconcept of trust as between a board of directors and a director who had an undisclosed conflict of interest?
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