FINAL EXAM 24 hour submission

FINAL EXAM 24 hour submission

Program: BBA Hospitality & ESE

Semester: 2020.2

Course: BBA6003 International Law and Risk Management

Faculty Members: Phil Hanson

Type of Exam: FINAL EXAM

Date of Exam: September 1^st, 2020

Exam duration: 24 hours session (Online)

Percentage of course grade: 60%

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Student Name: Student No: _____________ Class: _____

Section 1: 20 marks

 2 marks are awarded for the correct answer/question.

1. What is the importance of “At will” employment in the US?

“At will” employment enablers the employee to quit his duties at any time. The employer can as well dismiss the employee of his duties for any or no reason at any time.

2. What is so specific about the “Sharia Law”?

Sharia law is specific n that it focuses on the five essentials of human well-being which include, intellect, human life, religion, property, and offspring.

3. When was the European Union created, and what was the name given to the treaty?

The European Union was created on February the 7^th 1992, under the declaration of a treaty called the Maastricht Treaty.

4.  What is meant by “In Personam Jurisdiction”?

In personam jurisdiction is the ability of the court to make a ruling on personal rights and liabilities relating to the actions of an individual in a particular case before the court.

5. Why is it so important that firms build their Intellectual Property Rights portfolios?

Companies build intellectual property to boost the long term revenue stream of the organization, in addition, to attain a competitive advantage.

6. Describe what is meant by an Intellectual Property License?  

Intellectual property allows the company to keep the rights to the copyright and allow another party to use some or full of the copyright

7. What is meant by the term “Cybersquatting”?

“Cybersquatting,” according to the US federal law, refers to using the internet domain with the bad intension to benefits from the copyrights belonging to another person.

8. Explain the “Quid pro quo harassment”?

This is a situation where an employee submits to harassments of sexual nature as a result of the benefits of employment.

9. What is the definition of International Law?

International law is a set of rules and regulations that are recognized by nations as binding. International law is formed either through treaties or customs.

10. What is meant by the term infringement?

Infringement means a violation of the rights or freedoms of an individual.

Section 2: 30 marks

5 marks are awarded for the correct answer/question.

1. What is meant by Jurisdiction by “Service of Process”? (5 marks)

The service of process if the process where one party to a contract makes a prior arrangement to the other party of the case so as to practice the jurisdiction of the case. The service of process is often essential because it enables the party summoned to respond before the case is heard before the court.

2. What is the purpose of a convention and provide one example?       

 (5 marks)

A convention is aimed to communicate agreement relating to a specific topic such as immigration, prisoners of war, among others. One of the examples of the convention is the meeting called in Adelaide on the 22^nd march 1897 on the consideration of parliaments.

3. Explain the principle of “bad faith” regarding international protection of domain names? (5 marks)

The international protection of the domain names represents companies to refrain from using the domain names of other companies, in bad faith, to benefits through either confusing the customers of the first firm or taking advantage of the customers. The principle of bad faith regarding international protection of domain name focuses on fair use of the domain name across the world. For the principle of bad faith to be executed, the disputed domain name is identical to is consciously identical to the domain name; the complainant should be able to prove that the defendant had no interest in using the domain name, and lastly, the domain name is registered.

4. Why is there a tension between Intellectual Property Laws and Antitrust Laws? (5 marks)

Tension always exists between the intellectual property and the Antitrust Law because the antitrust law is concerned with making laws that promote competitions. On the other hand, instinctual property focuses on building and advancing technological innovation, which would give one organization a larger competitive advantage over the others. The intellectual property focuses on a particular organization, while the antitrust law focuses on the entire industry.

5. What is so specific about Common Law, and how does it apply in Trademark Law? (5 marks)

The virtue that one uses their Trademark in operationalizing their business, it is deemed a common law is acquired. What is specific about the common law is that that application in the Trademark is actually dependent on whether the owner of the company uses their business domain name, logo, among others.

6. Briefly discuss the various methods of resolution for business disputes?

Business disputes can be resolved through the following means;

Lawsuits- organizations in dispute can settle their differences in court where the judge makes a ruling in favor of one party according to the case.

Arbitration- Arbitration is another part of resolving business conflicts.

Negotiations; organizations in conflicts can formulate negotiations that would help solve the business conflicts. (5 marks)

Section 3

10 marks are awarded for the correct answer/question.

1. Which are the major distinctions between the European Union and the USMCA (NAFTA)? (10 marks)

The major distinction between the European Union and the USMCA is on the mission of their formation. The European Union was formed to allow its members to have free trade and movement of goods across its member states. The reason for its formation was to foster economic growth and expansion. On the other hand, the formation of NAFTA was an agreement between America, Canada, and Mexico with the aim of reducing the cost of movement of goods across the borders. The formation of the NAFTA was primarily to increase investment between the countries.  

Secondly, both the unions have received critics about poor countries where the rich countries complain of unfair relationships in the union members.

The major difference between the European Union and the NAFTA is that as much as the formation of the European Union was to have a free movement of goods between the borders aimed to improve the economic growth, NAFTA was formed to eliminate the border trade restriction between the countries. European Union is formed on the basis of social, economic, and political scenarios, while on the other hand, NAFTA is primarily formed purely on economic grounds.

2. Explain why a Trademark becoming generic is a serious issue for the company and provide two examples (10 marks)

A situation where a company’s Trademark becomes a generic trademark is referred to as a genericized trademark. Genericised trademark is a serious issue in any organization because an organization can lose its rights to property intellectual to the Trademark. Generic Trademark comes as a result of excessive marketing that lacks an alternative to other products and therefore becoming popularly generalized.

One of the examples of a genericized trademark is the Luer-lok, which is a standardized system of small-0scale fluid fitting used for making the free connection of tappers. Another example includes google. The term has been generalized to popularly refer to as an online search. The term is generalized, and its implication is seriously felt by the organization.

Section 4

10 marks are awarded for the correct answer/question.

1. Explain the main legal principle you learned in “The McLawsuit” case study, and in which other fields of law can it be easily applied? (10 marks)

A layer-based in New York represented an individual in a case alleging that the client became obese as a result of eating foods from the McDonald restaurant. Eventually, the case was settled for $12.5. The main legal principle in this case if the law of tort. McDonald’s ought to have a legal duty of care to its customers, and customers suffered losses, however small, as a result of their ignorance. In the letter days, McDonald has exercised caution by educating its customers on different areas, including the importance of exercises, among others. This field of legal principle is applicable to other areas like schools. It is the teachers and the school administration who have a legal duty of care to protect the children, and therefore they should not be negligent.

2. Explain the dilemma and the legal principles of the Carlson case study. How would you, as a manager, implement an efficient anti-human trafficking policy in your hotel chain? (10 marks)

Carlson Company is always a champion in protecting the rights of children, and the company has gone ahead to adopt regulatory measures that prevent children from sexual abuse in their hotel chains. In her analysis, the manager found out that investing in Puerto Rico would earn the company a lot of money and potential future development in Latin America. On the other hand, the Puerto Rico market was marred with a number of children’s sex trafficking. The dilemma that the Carlson Company faces, therefore, is whether to invest in Puerto Rico or not. The major legal principle, in this case, is the legal duty of care. The Carlson Company has a legal duty of care for its customers and therefore has to protect them from any loss, especially when they are at the premises. As a manager, I would come up with strategic rules and regulations to help chains in the hotel eliminate human trafficking. Some of the rules and regulations would include scanning of individual’s personal profiles and history, installation of CCTV cameras on the pavements, corridors, and waiting areas.

3. Explain what is meant with “Hostile Work Environment” and how would you gather evidence in such a case? (10 marks)

A hostile work environment is a situation where an employee undergoes certain work-related harassment that makes it difficult for the employee to effectively perform the duties. As held by the case in Pennsylvania State Police v Suders, the employer was liable as there was tangible employment action from the supervisor’s actions. Suders worked under a hostile work environment, which eventually led her to resign. The role of the employer, is among others, to make sure that every employee is has a reasonable and effective working environment free from any harassment from anyone, including the supervisors. The best way to gather evidence in such a case is to collect employees’ comments from a secret suggestion box, which helps the management assess create change in the work environment.