JD 784

subject Type Homework Help
subject Pages 9
subject Words 1276
subject Authors Anthony Marshall, Karen Morris, Norman Cournoyer

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page-pf1
Which of the following types of property are covered by limiting liability statutes that
require a hotel to provide a safe?
a. Merchandise samples
b. Jewelry
c. Photographic equipment
d. Expensive clothing
Answer:
Matt took his girlfriend to an elegant restaurant to celebrate their engagement. He was
driving his father's car. When he arrived at the restaurant, he gave the car keys to the
valet parking attendant and entered the restaurant. Which of the following in this
situation is the bailee?
a. There is no bailee in this situation c. The restaurant
b. Matt's girlfriend d. Matt's father
Answer:
Which of the following is the party who initiates an appeal?
a. Appellant
b. Appelle
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c. Plaintiff
d. Defendant
Answer:
Which of the following is not an objective of the doctrine of respondeat superior?
a. It helps to ensure that the plaintiff will have a financially secure defendant.
b. It assists low-paid employees in handling legal liability.
c. It encourages employers to exercise caution in the selection of employees.
d. It encourages employers to train their employees well.
Answer:
Under what circumstance can the innkeeper look in a guest's luggage?
a. When it is forgotten and the guest leaves the establishment
b. When the guest leaves it unattended
c. When it is open in the room
d. When it is thrown away
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Answer:
Most spas offer both manicures and pedicures. To prevent customers from contracting a
fungus during treatment, a spa should:
a. Inform patrons that they proceed at their own risk for such treatment
b. Ensure that manicure and pedicure tools are sterilized after each use
c. Have each customer sign a waiver of liability prior to manicures and pedicures
d. Both A and C
Answer:
Which of the following is not covered by the statute of frauds?
a. A hotel hires the services of a gardener.
b. A restaurant hires a banquet manager on a three-year contract.
c. A hotel contracts for the purchase of a two-acre parcel of property on which the hotel
plans to expand.
d. The parents of a bride promise a hotel they will pay for the bridal suite if the bride
and the groom fail to pay.
Answer:
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Which of the following is not a protected class for purposes of illegal job description?
a. Sex
b. National origin
c. Place of residence within the United States
d. Pregnancy
Answer:
Which of the following is false concerning remedies for violations of the Americans
with Disabilities Act?
a. Two types of lawsuits can be brought: a private one by the person whose rights were
violated, and one by the U.S. Attorney General.
b. Remedies for a private lawsuit include an injunction and compensatory damages.
c. The U.S. Attorney General can bring a lawsuit where a pattern of discrimination
exists.
d. Remedies for a lawsuit brought by the U.S. Attorney General include an injunction
and compensatory damages.
Answer:
Which of the following is not true concerning the need to alter existing structures to
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comply with the Americans with Disabilities Act?
a. Alterations and new construction are not required.
b. If a restaurant is altering its building, the reconstruction design must include plans to
make the building accessible to people with disabilities, provided the cost is not
disproportionate to the cost of the reconstruction project.
c. A hotel must remove structural barriers to people with wheelchairs regardless of the
cost.
d. Removal of a barrier that is not readily achievable is not required.
Answer:
In which case is the hotel most liable?
a. Credit card fraud
b. Cars broken into on the hotel parking lot
c. Insulting customers
d. Charging calls
Answer:
What is meant by the term false arrest?
a. Unauthorized restraint of a person
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b. Holding someone against his or her will
c. Making false accusations
d. Holding someone at the hotel
Answer:
A jurisdiction of a court is determined by which of the following?
a. The legislature
b. The judge
c. The lawyer for the plaintiff
d. The lawyer for the defendant
Answer:
A self-service elevator malfunctioned, causing a guest's injury. The problem was a
hidden defect caused by manufacturer error. Who is liable for the guest's injuries?
a. The hotel
b. The hotel and the company hired by the hotel to maintain the elevator
c. The manufacturer
d. The manufacturer and the company hired by the hotel to maintain the elevator
page-pf7
Answer:
Which of the following is not necessary for a liquor license applicant to prove?
a. Evidence exists of the applicant's good character.
b. The applicant has not been convicted of a felony.
c. The applicant has a masters degree from a college.
d. The applicant has not previously abused alcohol.
Answer:
What is voir dire?
a. A bacteria that comes from eating moldy cheese
b. The traditional (formal) title for a judge
c. The examination of prospective jurors
d. A judge's instructions to the jury
Answer:
page-pf8
Smoking restrictions in restaurants and hotels are based on finding that
____________________________________________________________________.
Answer:
The reasonable expectation test examines whether
____________________________________________________________________.
Answer:
Three categories of people included in the jury pool are
________________________________________,
________________________________________,
________________________________________.
Answer:
page-pf9
A bailment created by law rather than agreement is called a ____________________
bailment.
Answer:
Warranty of merchantability and strict products liability are identical bases on which to
sue for a defective product.
Answer:
The federal government is closing an army base, which will have a major negative
impact on the business of a local hotel. To prepare for the downturn, the employer is
cutting the hours of all employees. A pregnant woman objects to the decrease in her
hours, claiming it constitutes discrimination on the basis of pregnancy. True or false:
She should be successful in a lawsuit by asserting this claim.
Answer:
A bar owner who has a wine and beer license can also sell mixed drinks.
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Answer:
The difference between interstate and intrastate commerce is
____________________________________________________________________.
Answer:
Under the Uniform Commercial Code, a plaintiff who sues for breach of warranty of
merchantability must be in privity of contract with the seller of the defective food.
Answer:
The law states that restaurants cannot be sued by claiming 'fat free' or 'low carb' on their
menus when the dishes are not.
Answer:

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