LWB 165 Test 2

subject Type Homework Help
subject Pages 9
subject Words 1586
subject Authors Anthony Marshall, Karen Morris, Norman Cournoyer

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Tom's girlfriend handed her expensive winter coat to the attendant at the restaurant
coat-check. She did not disclose to the attendant that she had placed three $100 bills in
the inner pocket of the coat. Does the bailment exist of the $300?
a. Yes, the necessary elements for a bailment were met.
b. Yes, money can be the subject of a bailment.
c. No, money cannot be the subject of a bailment.
d. No, the attendant was not aware of the money's existence.
Answer:
Which of the following is not outlawed by the Civil Rights Act of 1964?
a. Discrimination based on religion
b. Discrimination based on sex
c. Discrimination based on national origin
d. Discrimination based on color
Answer:
If a hotel complies with a limiting liability statute and a guest's property is stolen, what,
if any, liability does the hotel have?
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a. The hotel will be liable for the full amount of the loss.
b. The hotel will be liable only for the amount set by the statute.
c. The hotel will have no liability.
d. The hotel will be required to pay the guest double the amount of the loss.
Answer:
A peremptory challenge refers to:
a. A denial in an answer
b. A dismissal of a juror without cause
c. A dismissal of a juror with cause
d. A request during discovery for evidence critical to another party's case
Answer:
The type of laws that apply to events occurring on boats on waterways is:
a. Infringement
b. Sovereign authority
c. Dram shop
d. Maritime
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Answer:
Which of the following is an example of sexual harassment in the form of a hostile
work environment?
a. A woman is denied a promotion because she rejected her boss's advances.
b. A female employee was demoted because she refused to respond to her supervisor's
sexual advances.
c. A female employee is exposed to persistent lewd remarks and pinups at her work site.
d. A male employee attending an out-of-town conference with his female boss declined
an invitation to share a hotel room and was later denied training opportunities that
would have qualified him for promotion.
Answer:
In a guest room, what is required by law that needs to be posted?
a. Fees and charges for the room
b. The square footage of the room
c. What furniture is needed in the room
d. Types of rooms offered
Answer:
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Who presents a rebuttal case?
a. Plaintiff c. The judge
b. Defendant d. The jury
Answer:
A guest's leather coat was stolen from the guest room by a new housekeeping employee
who had a criminal record that included two convictions for theft and burglary. The
hotel had failed to inquire about or investigate the employee's criminal past. What
liability does the hotel have in this circumstance?
a. The hotel has no liability.
b. The hotel will have only limited liability in the amount specified by the state statute.
c. The hotel will be fully liable for the loss.
d. The hotel will be liable for double the loss.
Answer:
Due to a severe thunderstorm, the lights in a crowded restaurant went out. At about the
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same time a diner was bothered by a bout of diarrhea. He went to the bathroom, which
was located down a flight of stairs. Due to the lack of light, the diner fell while
descending the stairs and broke his leg. Was the diner negligent for attempting to go
down the stairs in the dark?
a. Yes, everyone knows it is difficult to go up or down stairs in the dark.
b. Yes, injury resulting from such a feat is foreseeable.
c. No, the attempt to descend the stairs was not the proximate cause of the injury.
d. No, the stairway was the only way to reach the bathroom, and the diner had a need
that could not wait.
Answer:
Which of the following documents directs the defendant to appear in the lawsuit and
defend the allegations made against him?
a. The complaint
b. The answer
c. The summons
d. A motion for a directed verdict
Answer:
The legal doctrine that imposes liability on a defendant even when the defendant is not
negligent is:
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a. Comparative negligence
b. Strict liability
c. Contributory negligence
d. Contributory negligence
Answer:
Prior to take-off, two stewardesses overheard two passengers discussing how to hijack
the flight. The stewardesses informed the pilot. Which of the following best describes
the authority of the pilot?
a. The pilot can remove the passengers from the flight.
b. The pilot cannot remove the passengers from the flight unless weapons are found in
their possession.
c. The pilot cannot remove the passengers but can call the police to have them remove
the passengers.
d. The pilot can remove the passengers but only if they fail a lie detector test.
Answer:
Which of the following is not true about kosher food?
a. It is food prepared consistent with religious requirements of the Jewish faith.
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b. For meat to qualify as kosher, the animal from which the meat was obtained must
have been slaughtered according to specified rules.
c. The preparation of kosher food by a restaurant or supplier must be supervised by a
rabbi.
d. Both kosher and non-kosher meats can be sliced on the same machine without
jeopardizing the kosher aspect of the kosher meat.
Answer:
A travel agent may be liable for all but which of the following?
a. Providing to a customer inaccurate information about travel plans
b. Injuries caused by a drunk driver to a traveler crossing the street while on vacation
c. Breaching a contract with a customer
d. Failing to investigate the appropriateness of travel services recommended to a
customer by the travel agent
Answer:
The Parkside Hotel took many precautions to protect the guests in case of fire.
However, it failed to provide fire escapes as required by statute. The liability of the
hotel in this case will be based upon:
a. Negligence
b. Negligence per se
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c. Foreseeability
d. Assault
Answer:
When determining appropriate security measures, a hotel must consider not just prior
crimes on its premises but also recent crimes in the general area.
Answer:
Jan was an authorized agent for an airline. Due to shoddy work on her part, the airline
withdrew the authorization for Jan to act as an agent. Nonetheless, she sold tickets to a
customer. The airlines refused to honor the tickets. Who is liable to the customer for the
money paid for the tickets?
a. The airline
b. Jan
c. The Department of Transportation
d. No one is liable to the customer in this circumstance
Answer:
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A child was burned on his arms and stomach when a waiter dropped a cup of hot coffee.
The child's mother, who was sitting on the opposite side of the table and was not in
danger of being hit by the coffee, saw the incident and went into shock. If the mother
sues the restaurant for her own mental anguish, what is the likelihood of her success?
a. She will be successful in most states.
b. She will not be successful in any state.
c. She will not be successful in most states, although some jurisdictions now allow a
person in the mother's position to sue.
d. She will be successful in all states, provided the anguish was severe.
Answer:
In the case citation 786 P.2d 435 (1987), what does the number 435 indicate?
a. The page on which the case is located
b. The volume number in which the case is located
c. The set of books in which the case is located
d. The number of a statute that was cited in the case
Answer:
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A ____________________ is a lawmaking body whose members are elected to office
by the citizenry.
Answer:
The actions of hospitality managers can influence the possibility of a business or the
manager becoming the subject of litigation.
Answer:
The charge to a jury consists of the ____________________ that is applicable to the
case.
Answer:
The FDA mandates the food and drug industry.
Answer:
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Consistent with common practice, the lifeguard at a hotel pool periodically adds
chlorine to the water to ensure clean and healthful conditions. One afternoon, after
adding the appropriate dosage, the lifeguard failed to return the chlorine to its normal
storage place and instead left it near the base of the guard chair. Unknown to the
lifeguard, a young swimmer saw the chlorine, drank some, and became very ill. True or
false: The hotel will be liable for the injuries.
Answer:
An injunction is a court order forbidding a party to a lawsuit from engaging in specified
acts.
Answer:

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