LWP 464 Test 2

subject Type Homework Help
subject Pages 9
subject Words 1605
subject Authors Anthony Marshall, Karen Morris, Norman Cournoyer

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page-pf1
A dining facility will be covered by the Civil Rights Act of 1964 if it meets one of two
criteria. The two criteria are ________________________________________,
________________________________________.
Answer:
The Indian Gaming Regulatory Act divides gaming into how many classes?
a. Three
b. Four
c. Five
d. Six
Answer:
Which of the following is not included in the right to due process granted to a licensee
whose license may be revoked?
a. Right to a lawyer paid by the government
b. Reasonable notice of the grounds for revocation
c. A hearing
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d. A reasonable amount of time between the notice and the hearing to prepare a defense
Answer:
Which of the following is not one of the elements a plaintiff in a negligence case must
prove?
a. The existence of a duty owed by the defendant to the plaintiff
b. A breach of duty to act reasonably
c. The financial circumstances of the defendant
d. An injury suffered by the plaintiff
Answer:
Two hundred members of a certain ski club paid $3,000 each for a European ski trip.
The company that sponsored the trip went out of business without providing the trip
and without returning the club members' deposits. What type of action best suits this
circumstance?
a. A class action
b. A small claims action
c. A negligence action
d. An independent contract's action
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Answer:
Which of the following is not a pleading?
a. Summons
b. Complaint
c. Answer
d. Reply
Answer:
Jack's boss, Nancy, held a party at a hotel. Jack had several drinks, some paid for by
Nancy. Jack later drove home and got into an accident, killing two people in the other
car. Who was held liable?
a. The hotel
b. The employer
c. The two people in the other car
d. All the above
Answer:
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Which of the following is not true about the Immigration Reform and Control Act?
a. It seeks to minimize the number of illegal aliens employed in the United States.
b. Employers are required to examine their workers' employment documents to verify
authorization to work in this country.
c. An employee who cannot produce the necessary paperwork within three weeks of
being hired must be terminated.
d. An employer must begin deportation proceedings against an employee who cannot
produce the necessary paperwork in the allotted time.
Answer:
Matt contracted to purchase a computer at age 16. Until when can he disaffirm the
contract?
a. He cannot cancel it at any time.
b. He can disaffirm the contract until his eighteenth birthday.
c. He can avoid the contract while he is under 18 and for a reasonable period of time
after he reaches age 18.
d. He can avoid the contract anytime until he reaches age 21.
Answer:
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A restaurant can legally place all its wheelchair-accessible tables in the same area.
Answer:
The Byway Motel installed a satellite system that enables it to intercept cable programs
and exhibit them in guest rooms without contracting with cable TV for the service or
paying any money for it. Which of the following is true?
a. TV programs cannot be copyrighted, so the motel's actions do not constitute
infringement.
b. The unauthorized interception and exhibition by the motel constitute copyright
infringement.
c. Motels are entitled to use copyrighted programs without payment since the motels
serve the public. Therefore, the Byway Motel's actions do not constitute copyright
infringement.
d. Whether or not the motel is liable for copyright infringement depends on whether its
exhibiting of the copyrighted program was intentional or inadvertent.
Answer:
Which of the following is not true about a lawsuit for trademark infringement?
a. The plaintiff must prove that it owns the trademark.
b. The plaintiff must prove that defendant's use of a similar mark is likely to cause
confusion among the public as to the source of the product.
c. The plaintiff must prove it suffered a loss in sales as a result of the trademark
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infringement.
d. The plaintiff must approve that the defendant's name is likely to mislead customers.
Answer:
Which of the following qualifies as a guest?
a. A diner in a hotel restaurant
b. A business person who attends an all-day meeting at a hotel
c. A person without reservations who enters a hotel hospitality van at the airport, gives
the driver luggage, and intends to register as a guest (the hotel has vacancies)
d. One who uses the hotel bathroom on the way to the restaurant
Answer:
Several children were running around the perimeter of a hotel pool. The lifeguard did
not direct them to stop. One tripped on a wet spot and fell, causing two others to trip
and injure themselves. Is the hotel liable for the injuries?
a. Yes, the lifeguard was negligent for not ordering the children to stop running.
b. Yes, the hotel should have mopped the area around the pool so no wet spot existed.
c. No, the children who are running are at fault, not the hotel.
d. No, the children assumed the risk.
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Answer:
Which of the following are in privity of contract?
a. A guest and an innkeeper
b. A plaintiff and a defendant
c. A restaurateur and a person who reads the menu displayed in the restaurant window
but chooses to eat elsewhere
d. A brother and a sister
Answer:
What types of damages are recoverable by the owner of a dog that dies while in the
custody of the airline?
a. Mental anguish
b. Punitive damages
c. The value of the dog
d. Loss of services
Answer:
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Which of the following is not an alternative dispute resolution mechanism?
a. Arbitration c. Bench trial
b. Summary trial d. Mediation
Answer:
Which of the following is not the name of a crime that protects innkeepers and
restauranteurs from patrons who leave without paying?
a. Theft of services
b. Assault
c. Larceny
d. Fraud
Answer:
Which of the following is not required by limiting liability statutes?
a. The hotel must provide safes for the safekeeping of guests' property.
b. The hotel must post notices announcing the availability of the safes.
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c. The safes must pass inspection by a safety commission to ensure their suitability for
deterring thieves.
d. The hotel must post notices announcing the hotel's limited liability.
Answer:
Erin, a guest at a resort hotel, rented a bicycle from the hotel. While riding the bike she
was injured by a car driven by an intoxicated driver. Which of the following is true?
a. The hotel will be liable for Erin's injuries.
b. The intoxicated driver will be liable to Erin for her injuries.
c. Erin assumed the risk and therefore cannot pursue anyone for her injuries.
d. Erin was negligent for riding a bike in a locality she did not know well.
Answer:
If repairs are being made in a restaurant, the restaurant should
________________________________________ the work area.
Answer:
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For a plaintiff in a discrimination case to receive punitive damages, proof is required
that the employer acted
____________________________________________________________.
Answer:
When a hotel finds lost or misplaced property, it should not give it to someone claiming
to be the owner until
_______________________________________________________.
Answer:
A ____________________ is a rule or condition of air travel that binds the airline and
passengers.
Answer:
Cancellation of an airline flight due to adverse weather conditions will result in liability
by the airline for breach of contract to those persons who had reservations on the flight.
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Answer:
The common law rule of ______________________________, adopted by six states,
provided that a hotel was liable for loss caused to guests' property only if the hotel was
negligent.
Answer:
One of the influences on hospitality law was the poor reputation attributed to
innkeepers in fourteenth- and fifteenth-century England.
Answer:
An innkeeper can padlock a guest room without cause, thereby preventing access by the
guest to the room.
Answer:
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The amount of force a hotel can use to evict a trespasser is
____________________________________________________________________.
Answer:
A hotel is not required to offer its guests medical service.
Answer:
Three precautions a restaurant or hotel should take to avoid injuries by guests on steps
are _____________________________________________,
_____________________________________________, and
_____________________________________________.
Answer:

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