Questões de Inglês

The worst passwords of 2012


If any of your passwords are on this list, then shame
on you and go change them now. SplashData, which makes
password management applications, has released its annual
“worst passwords” list compiled from common passwords that
are posted by hackers. The top three — “password”, “123456”
and “12345678” — have not changed since last year. New ones
include “jesus”, “ninja”, “mustang”, “password1” and
“welcome”. Other passwords have moved up and down on the
list. The most surprising addition is probably “welcome”,
which, according to CEO Morgan Slain, “means that people are
not even changing default passwords… and it doesn’t take that
much time to make a new password!”
You should have different passwords for all of your
accounts. To make it easier to remember them all, Slain
suggests thinking about passwords as “passphrases”. For
instance, use a phrase like “dog eats bone” and add
underscores, dashes, hyphens, and other punctuation marks to
satisfy the special character requirement: “dog_eats_bone!”.

Internet: (adapted).


Based on the text above, judge the following items.

Morgan Slain believes people do not change passwords because it"s time consuming.

A resposta correta é:

Another view on representations and warranties

This article will address issues relating to
representations and warranties as they arise in
the common law, not in the context of the
Uniform Commercial Code.
We will begin with representations. They
are statements of present or past fact. Future
"facts" cannot generally form the basis of
representations because no one can know the
future.
If a representation is intentionally false, a
plaintiff can make a common l aw claim of deceit
(a tort) and allege fraudulent misrepresentation.
Generally, a plaintiff injured by a
fraudulent misrepresentation has a choice of
remedies. She may rescind the contract and
obtain restitutionary recovery, or she may affirm
the contract and sue for damages. The ability to
rescind — to unwind a closed transaction — is a
remedy not available to a plaintiff suing for a
breach of warranty, and therefore is a benefit of
including representations in a contract. A second
benefit is that the plaintiff may be able to obtain
punitive damages under special circumstances.

Now, let"s turn to warranties. A common
law warranty isa promise that a fact is true.
According to t he New York court, a warranty is a
promise of indemnity if a statement of fact is
false. A promisee does not have to believe t hat
the statement is true. Indeed, the warranty"s
purpose is to relieve a promisee from the
obligation of determining a fact"s truthfulness.

The meaning of warranty is critical to
plaintiffs whose defendants made both
representations and warranties since a plaintiff"s
fraudulent misrepresentation claim will fail if she
knew the statement was false. But, the plaintiff
may sue for breach of warranty on the same
statement and recover despite knowledge of the
falsity of the statement, subject to some
limitations. This is a substantial business and legal
reason for a party to receive both representations
and warranties.

An example may help to clarify this issue:
Occasionally, a buyer will ask a seller to represent
as a fact something that the seller knows is not
true or does not know whether it is true.
Technically, doing so is fraud. A buyer nonetheless
defends its request by telling the seller, "It"s just
risk allocation." In other words, even if the
statement is not true, it represents the business
deal.

A seller often accedes to this request on
the theory that it is not fraud because it has
"worked it out" with the buyer. This is cold
comfort when the buyer sues for fraud,
"forgetting" that it was "just risk allocation" and
"forgetting" that the seller explained the
situation"s actual status. As an alternative, the
seller can merely "warrant" the statement. In that
case, the seller makes no representation that can
be the basis of a fraudulent misrepresentation,
and the warranty is the promise of indemnity,
precisely the risk allocation the buyer sought.

Representations and warranties are
important — but different — tools f or t he
contract drafter. But receiving both of them from
the other side usually — but not always —
provides a client with the best protection.
(Tina L. Stark. Adaptado de: http://apps.americanbar.org/buslaw/blt/2006-01-02/nonbindingopinion.html)



A lawyer drafting a business contract usually includes a "representations and warranties" clause because

a) it will protect the client against risks and will secure those advantages that are reasonable and appropriate.
b) the lawyer could be sued for malpractice if he did not include it.
c) the Contract will look more professional allowing the lawyer to charge a higher fee.
d) a contract without a "representations and warranties" clause will not be legally enforceable.
e) the "representations and warranties" clause is a standard contract clause and has always the same wording.

A resposta correta é:

Another view on representations and warranties

This article will address issues relating to
representations and warranties as they arise in
the common law, not in the context of the
Uniform Commercial Code.
We will begin with representations. They
are statements of present or past fact. Future
"facts" cannot generally form the basis of
representations because no one can know the
future.
If a representation is intentionally false, a
plaintiff can make a common l aw claim of deceit
(a tort) and allege fraudulent misrepresentation.
Generally, a plaintiff injured by a
fraudulent misrepresentation has a choice of
remedies. She may rescind the contract and
obtain restitutionary recovery, or she may affirm
the contract and sue for damages. The ability to
rescind — to unwind a closed transaction — is a
remedy not available to a plaintiff suing for a
breach of warranty, and therefore is a benefit of
including representations in a contract. A second
benefit is that the plaintiff may be able to obtain
punitive damages under special circumstances.

Now, let"s turn to warranties. A common
law warranty isa promise that a fact is true.
According to t he New York court, a warranty is a
promise of indemnity if a statement of fact is
false. A promisee does not have to believe t hat
the statement is true. Indeed, the warranty"s
purpose is to relieve a promisee from the
obligation of determining a fact"s truthfulness.

The meaning of warranty is critical to
plaintiffs whose defendants made both
representations and warranties since a plaintiff"s
fraudulent misrepresentation claim will fail if she
knew the statement was false. But, the plaintiff
may sue for breach of warranty on the same
statement and recover despite knowledge of the
falsity of the statement, subject to some
limitations. This is a substantial business and legal
reason for a party to receive both representations
and warranties.

An example may help to clarify this issue:
Occasionally, a buyer will ask a seller to represent
as a fact something that the seller knows is not
true or does not know whether it is true.
Technically, doing so is fraud. A buyer nonetheless
defends its request by telling the seller, "It"s just
risk allocation." In other words, even if the
statement is not true, it represents the business
deal.

A seller often accedes to this request on
the theory that it is not fraud because it has
"worked it out" with the buyer. This is cold
comfort when the buyer sues for fraud,
"forgetting" that it was "just risk allocation" and
"forgetting" that the seller explained the
situation"s actual status. As an alternative, the
seller can merely "warrant" the statement. In that
case, the seller makes no representation that can
be the basis of a fraudulent misrepresentation,
and the warranty is the promise of indemnity,
precisely the risk allocation the buyer sought.

Representations and warranties are
important — but different — tools f or t he
contract drafter. But receiving both of them from
the other side usually — but not always —
provides a client with the best protection.
(Tina L. Stark. Adaptado de: http://apps.americanbar.org/buslaw/blt/2006-01-02/nonbindingopinion.html)



As used in the text, the term common law refers to

a) laws that apply in normal circumstances to ordinary people.
b) a legal system found in Anglo-Saxon countries, and based on case law.
c) a legal system found in Anglo-Saxon countries, based on legislative statutes and executive branch decisions.
d) the settlement of petty claims in a magistrate´s court.
e) a legal system found predominantly in Islamic countries.

A resposta correta é:

Another view on representations and warranties

This article will address issues relating to
representations and warranties as they arise in
the common law, not in the context of the
Uniform Commercial Code.
We will begin with representations. They
are statements of present or past fact. Future
"facts" cannot generally form the basis of
representations because no one can know the
future.
If a representation is intentionally false, a
plaintiff can make a common l aw claim of deceit
(a tort) and allege fraudulent misrepresentation.
Generally, a plaintiff injured by a
fraudulent misrepresentation has a choice of
remedies. She may rescind the contract and
obtain restitutionary recovery, or she may affirm
the contract and sue for damages. The ability to
rescind — to unwind a closed transaction — is a
remedy not available to a plaintiff suing for a
breach of warranty, and therefore is a benefit of
including representations in a contract. A second
benefit is that the plaintiff may be able to obtain
punitive damages under special circumstances.

Now, let"s turn to warranties. A common
law warranty isa promise that a fact is true.
According to t he New York court, a warranty is a
promise of indemnity if a statement of fact is
false. A promisee does not have to believe t hat
the statement is true. Indeed, the warranty"s
purpose is to relieve a promisee from the
obligation of determining a fact"s truthfulness.

The meaning of warranty is critical to
plaintiffs whose defendants made both
representations and warranties since a plaintiff"s
fraudulent misrepresentation claim will fail if she
knew the statement was false. But, the plaintiff
may sue for breach of warranty on the same
statement and recover despite knowledge of the
falsity of the statement, subject to some
limitations. This is a substantial business and legal
reason for a party to receive both representations
and warranties.

An example may help to clarify this issue:
Occasionally, a buyer will ask a seller to represent
as a fact something that the seller knows is not
true or does not know whether it is true.
Technically, doing so is fraud. A buyer nonetheless
defends its request by telling the seller, "It"s just
risk allocation." In other words, even if the
statement is not true, it represents the business
deal.

A seller often accedes to this request on
the theory that it is not fraud because it has
"worked it out" with the buyer. This is cold
comfort when the buyer sues for fraud,
"forgetting" that it was "just risk allocation" and
"forgetting" that the seller explained the
situation"s actual status. As an alternative, the
seller can merely "warrant" the statement. In that
case, the seller makes no representation that can
be the basis of a fraudulent misrepresentation,
and the warranty is the promise of indemnity,
precisely the risk allocation the buyer sought.

Representations and warranties are
important — but different — tools f or t he
contract drafter. But receiving both of them from
the other side usually — but not always —
provides a client with the best protection.
(Tina L. Stark. Adaptado de: http://apps.americanbar.org/buslaw/blt/2006-01-02/nonbindingopinion.html)



According to the text, warranties are included in an agreement so that

a) the other party is given assurance of maintenance/replacement of goods/service.
b) the other party is given assurance of clear title and right to sell real state.
c) the other party has no need to investigate and verify the truth of the facts stated in the warranty.
d) suppliers may advertise that they supply goods/service to a royal family.
e) law enforcement officers are allowed to seize property.

A resposta correta é:

Godzilla’s grandchildren


In Japan there is no kudos in going to jail for your art.
Bending the rules, let alone breaking them, is largely taboo.
That was one reason Toshinori Mizuno was terrified as he
worked undercover at the Fukushima Dai-ichi nuclear-power
plant, trying to get the shot that shows him in front of the
mangled third reactor holding up a referee’s red card. He was
also terrified of the radiation, which registered its highest
reading where he took the photograph. The only reason he did
not arouse suspicion, he says, is because he was in regulation
radiation kit. And in Japan people rarely challenge a man in
uniform.

Mr. Mizuno is part of ChimPom, a six-person
collective of largely unschooled artists who have spent a lot of
time getting into tight spots since the disaster, and are
engagingly thoughtful about the results.
It is easy to dismiss ChimPom’s work as a publicity
stunt. But the artists’ actions speak at least as loudly as their
images. There is a logic to their seven years of guerrilla art that
has become clearer since the nuclear disaster of March 11th
2011. In fact, Noi Sawaragi, a prominent art critic, says they
may be hinting at a new direction in Japanese contemporary
art.

Radiation and nuclear annihilation have suffused
Japan’s subculture since the film Gojira (the Japanese
Godzilla ) in 1954. The two themes crop up repeatedly in
manga and anime cartoons.

Other young artists are ploughing similar ground.
Kota Takeuchi, for instance, secretly took a job at Fukushima
Dai-ichi and is recorded pointing an angry finger at the camera
that streams live images of the site. Later he used public news
conferences to pressure Tepco, operator of the plant, about the
conditions of its workers inside. His work, like ChimPom’s,
blurs the distinction between art and activism.
Japanese political art is unusual and the new
subversiveness could be a breath of fresh air; if only anyone
noticed. The ChimPom artists have received scant coverage in
the stuffy arts pages of the national newspapers. The group
held just one show of Mr. Mizuno’s reactor photographs in
Japan. He says: “The timing has not been right. The media will
just want to make the work look like a crime.”

Internet: (adapted).



The words "mangled" (L. 6) and "suffused" (L. 23) mean respectively

a) ruined and permeated.
b) mutilated and obscured.
c) subdued and covered.
d) humongous and imbued.
e) torn and zeroed in on.

A resposta correta é:

Making Performance Budgeting Work: New IMF Book

October 04, 2007

Member countries will find valuable advice on how to reform their budgeting practices to improve the effectiveness and efficiency of public expenditure in a major new work on performance budgeting produced by the Fiscal Affairs Department. The book, Performance Budgeting: Linking Funding and Results (500pp), came off the presses of the top UK publisher Palgrave Macmillan in September.
Edited by FAD staff member Marc Robinson, the book contains a comprehensive treatment of contemporary performance budgeting practice and theory. In a series of thematic chapters and case studies, the book discusses:

The key forms of performance budgeting which [TO IMPLEMENT] around the world -how they differ, and what they have in common points.

Lessons from the experience of governments around the world -ranging from OECD nations to developing, middle-income and transition countries . about what forms of performance budgeting work, under what circumstances, and with what implementation strategies.

How successful performance budgeting can improve aggregate fiscal discipline.

The information requirements of performance budgeting, and

The links between performance budgeting and other budgeting and public management reforms.
Many of the contributors to this work are leaders in performance budgeting implementation in their countries. Others are respected academics and technical experts from the International Monetary Fund and other international organizations. Countries covered in the case studies include the UK, USA, Australia, France, Chile, Spain, Russia, Colombia and Ethiopia.
One major focus of the book is performance budgeting as a tool for improved expenditure prioritization . that is, for helping to shift limited public resources to the services of greatest social benefit. A key finding is that this type of performance budgeting will only work if the budget process is fundamentally changed so that top politicians and bureaucrats systematically consider expenditure priorities when formulating the budget. This means more than just considering the priorities for new spending. It requires also having mechanisms to systematically review existing spending programs to identify what is ineffective and low priority and can, therefore, be cut. This is what countries such as Chile and the United Kingdom have successfully done, and the United States is currently attempting to achieve with its Program Assessment Rating Tool instrument. Conversely, it is a mistake to believe that merely changing the budget classification and developing performance indicators will in itself improve the allocation of resources in the budget.

(Adapted from http://blog-pfm.imf.org/pfmblog/2007/10/making-performa.html



No texto, comprehensive significa

a) fácil de implementar.
b) inteligível.
c) abrangente.
d) bem estruturado.
e) colaborativo.

A resposta correta é:

Brazil"s economy


Government spending and exports of commodities like soy beans and metals to fast-growing countries in Asia, have propelled Brazil"s economy to sixth place in the world. But red-hot growth when Latin America"s largest economy clocked in a 7.5% growth rate in 2010 appears to have fizzled out.
The economy stalled in May following an unexpected drop in retail sales. That heightened fears for what was one of the few bright spots of the world economy, making it the worst performer among Brics nations. GDP grew just 0.2% in the first quarter year-on-year, marking the third straight quarter of near-zero growth.
There seem to be few signs that GDP growth will head back up above the 2.6% posted last year. The Bank of Brazil expects growth to be lower than 2.5%. The drop in retail sales raised worries over Brazil"s consumer-led growth model, which was fuelled by rising incomes and easy credit. In fact, the amount of loans that could not be paid back hit an all-time high in May, underlining how Brazilians are increasingly struggling to keep debt under control. That prompted banks to tighten lending, and the central bank cut interest rates for the eighth straight time in July to 8%.

[From: BBC.co.uk/news/business July 13 2012 - adapted]



The phrase "in the first quarter year-on-year" refers to

a) January-March 2012 compared to the same period of 2011.
b) the last nine months of the current year.
c) the last trimester of 2011 and the first of 2012.
d) annual economic figures for successive years.
e) the period April-June two years running.

A resposta correta é:

Brazil"s economy


Government spending and exports of commodities like soy beans and metals to fast-growing countries in Asia, have propelled Brazil"s economy to sixth place in the world. But red-hot growth when Latin America"s largest economy clocked in a 7.5% growth rate in 2010 appears to have fizzled out.
The economy stalled in May following an unexpected drop in retail sales. That heightened fears for what was one of the few bright spots of the world economy, making it the worst performer among Brics nations. GDP grew just 0.2% in the first quarter year-on-year, marking the third straight quarter of near-zero growth.
There seem to be few signs that GDP growth will head back up above the 2.6% posted last year. The Bank of Brazil expects growth to be lower than 2.5%. The drop in retail sales raised worries over Brazil"s consumer-led growth model, which was fuelled by rising incomes and easy credit. In fact, the amount of loans that could not be paid back hit an all-time high in May, underlining how Brazilians are increasingly struggling to keep debt under control. That prompted banks to tighten lending, and the central bank cut interest rates for the eighth straight time in July to 8%.

[From: BBC.co.uk/news/business July 13 2012 - adapted]



Paragraph 3 suggests that Brazil"s economy has grown due to

a) increased exports to Asia.
b) international loans.
c) foreign direct investment.
d) high prices and inflation.
e) domestic consumption.

A resposta correta é:

Another view on representations and warranties

This article will address issues relating to
representations and warranties as they arise in
the common law, not in the context of the
Uniform Commercial Code.
We will begin with representations. They
are statements of present or past fact. Future
"facts" cannot generally form the basis of
representations because no one can know the
future.
If a representation is intentionally false, a
plaintiff can make a common l aw claim of deceit
(a tort) and allege fraudulent misrepresentation.
Generally, a plaintiff injured by a
fraudulent misrepresentation has a choice of
remedies. She may rescind the contract and
obtain restitutionary recovery, or she may affirm
the contract and sue for damages. The ability to
rescind — to unwind a closed transaction — is a
remedy not available to a plaintiff suing for a
breach of warranty, and therefore is a benefit of
including representations in a contract. A second
benefit is that the plaintiff may be able to obtain
punitive damages under special circumstances.

Now, let"s turn to warranties. A common
law warranty isa promise that a fact is true.
According to t he New York court, a warranty is a
promise of indemnity if a statement of fact is
false. A promisee does not have to believe t hat
the statement is true. Indeed, the warranty"s
purpose is to relieve a promisee from the
obligation of determining a fact"s truthfulness.

The meaning of warranty is critical to
plaintiffs whose defendants made both
representations and warranties since a plaintiff"s
fraudulent misrepresentation claim will fail if she
knew the statement was false. But, the plaintiff
may sue for breach of warranty on the same
statement and recover despite knowledge of the
falsity of the statement, subject to some
limitations. This is a substantial business and legal
reason for a party to receive both representations
and warranties.

An example may help to clarify this issue:
Occasionally, a buyer will ask a seller to represent
as a fact something that the seller knows is not
true or does not know whether it is true.
Technically, doing so is fraud. A buyer nonetheless
defends its request by telling the seller, "It"s just
risk allocation." In other words, even if the
statement is not true, it represents the business
deal.

A seller often accedes to this request on
the theory that it is not fraud because it has
"worked it out" with the buyer. This is cold
comfort when the buyer sues for fraud,
"forgetting" that it was "just risk allocation" and
"forgetting" that the seller explained the
situation"s actual status. As an alternative, the
seller can merely "warrant" the statement. In that
case, the seller makes no representation that can
be the basis of a fraudulent misrepresentation,
and the warranty is the promise of indemnity,
precisely the risk allocation the buyer sought.

Representations and warranties are
important — but different — tools f or t he
contract drafter. But receiving both of them from
the other side usually — but not always —
provides a client with the best protection.
(Tina L. Stark. Adaptado de: http://apps.americanbar.org/buslaw/blt/2006-01-02/nonbindingopinion.html)



Consider the statements below:
I. Representations and warranties are not inextricably linked. Some parties, as a matter of principle, refuse to take fraud risk (read punitive damages), and will not make representations, only warranties.
II. Representations, if shown to be false, and if the injured party knew them to be false, can give cause for the rescission of the agreement and the party making the representation can be sued for fraud.
III. A plaintiff may be able to win a breach of warranty claim when it would have lost a claim for fraudulent misrepresentation because it could not prove that the defendant knew the representation to be false.

According to the text

a) statements I and II are true, III is false.
b) statements II and III are true, I is false.
c) statements I and III are true, II is false.
d) all three statements are true.
e) all three statements are false.

A resposta correta é:

A Coup in Paraguay


On June 22, 2012, the Paraguayan Senate invoked a clause in the constitution which authorized it to impeach the president for "poor performance in his duties." The President was Fernando Lugo, who had been elected some three years earlier and whose term was about to end in April 2013. Under the rules, Lugo was limited to a single term of office.
Lugo charged that this was a coup, and if not technically illegal, certainly illegitimate. Almost every Latin American government agreed with this analysis, denouncing the destitution, and cutting relations in various ways with Paraguay.
The removal of Lugo had the negative consequence for those who made the coup of making possible the one thing the Paraguayan Senate had been blocking for years. Paraguay is a member of the common market Mercosur, along with Brazil, Argentina and Uruguay. Venezuela had applied to join. This required ratification by the legislatures of all five member states. All had long since given their assent except the Paraguayan Senate. After the coup, Mercosur suspended Paraguay, and immediately welcomed Venezuela as a member.

[From: International Herald Tribune 18-7-12]



President Lugo of Paraguay was removed from office in a process he considered to be

a) a poor performance of his duties.
b) premature and destitute.
c) of dubious legality and legitimacy.
d) unfair after a full three years in office.
e) technically unnecessary in view of 2013 elections.

A resposta correta é: