Why is the existence of small claims court significant to the hospitality industry?
a. Small claims court is the court with jurisdiction to hear claims against travel agents.
b. Small claims court expands the types and number of lawsuits that might be brought
against travel agents and airlines because people with small claims can avoid the
expense of hiring a lawyer.
c. Small claims court restricts the types of cases that can be brought against an airline.
d. Small claims court has jurisdiction to exclusively hear cases against the hospitality
industry.
Answer:
For purposes of determining whether an employee is entitled to overtime pay, which of
the following is not counted as time worked?
a. Rest periods of twenty minutes or less
b. Time spent in required training
c. Time needed to total cash register receipts after regular work hours
d. Time needed to travel from one’s home to the job site
Answer:
Theme parks with roller coaster rides should alert potential riders to anticipated risks.
They should note or post the following:
a. No smoking, eating, or drinking on the roller coaster
b. No tank tops, hats, or sunglasses to be worn on the roller coaster
c. You must be in moderate, good, or excellent health to ride the roller coaster
d. You can be pregnant to ride the roller coaster
Answer:
Which of the following does the Fair Labor Standards Act not require?
a. Payment by the employer of minimum wages
b. One and one-half times the regular pay for overtime work
c. Prohibition against discrimination on the basis of age
d. Restrictions on child labor
Answer:
Which of the following is not required for an action in strict products liability?
a. Defendant sold a product in a defective condition.
b. There was privity of contract between the plaintiff and the defendant.
c. Plaintiff suffered an injury.
d. The injury was caused by the defective product.
Answer:
A patron was injured at a restaurant. Both the restaurant and the patron were negligent.
If the restaurant is located in a state that follows the comparative negligence rule, which
of the following is true?
a. The restaurant will have no liability, and the patron’s case will be dismissed.
b. The restaurant will be fully liable for the injuries.
c. The jury will allocate the liability between the patron and the restaurant; the patron
will collect a percentage of liability attributed to the restaurant.
d. The restaurant will be fully liable for the loss and will be required to pay punitive
damages as well.
Answer:
In every lawsuit the plaintiff must prove three things. Which of the following is not one
of them?
a. Defendant violated the law.
b. Defendant was negligent.
c. Plaintiff suffered an injury.
d. The cause of plaintiff’s injury was defendant’s violation of the law.
Answer:
Which of the following is true about bed-and-breakfast properties?
a. They are exempt from the Civil Rights Act of 1964 regardless of the number of
rooms the owners rent to others.
b. They are not exempt from the Act under any circumstances.
c. They are exempt from the Act, provided that the owner rents no more than four
rooms.
d. They are exempt from the Act, provided that the owner rents no more than five rooms
and lives in the building.
Answer:
Which of the following accurately compares the duty owed by a casino to protect the
safety of its guests as compared to the duty owed by a hotel?
a. The duty owed by a casino is greater.
b. The duty owed by a hotel is greater.
c. The duty owed by both are the same.
d. Neither owes a duty.
Answer:
A guest checked out of a hotel. While the staff was cleaning it for the next guest, they
discovered jewelry that had been reported stolen by another guest. Will the evidence be
suppressed?
a. Yes, because the search of the room was illegal.
b. Yes, because the jewelry was not owned by the guest who occupied the room.
c. No, because the innkeeper was entitled to have employees clean the room following
check-out by the guest.
d. No, because evidence found in a hotel room can never be suppressed.
Answer:
To avoid liability for breach of contract when an airline cancels a flight for a good
cause, what must the airline do?
a. Reimburse the passenger double the amount of the cost of the ticket to cover the
inconvenience
b. Assist passengers in locating alternate flights to reach their destination
c. Reimburse the passenger the full cost of the ticket
d. Give the passenger a free ticket anywhere in the United States to be used at a later
time
Answer:
Which of the following is not used to distinguish between a guest and a tenant?
a. Whether or not the building contains a restaurant
b. The terms of the contract between the hotel and the patron
c. The terms of payment (e.g., daily, weekly, monthly)
d. The incidental services offered
Answer:
One of the primary objectives of antitrust laws is:
a. To minimize competition in industries with limited markets
b. To enhance the ability of manufacturers to transport their products to market
c. To maintain reasonable prices on goods offered for sale
d. To ensure that all sellers within an industry have more-or-less equal income
Answer:
Steve rented a room at a hotel for a week. During the week he had to go back home for
some family emergency, and therefore had to leave the hotel earlier than planned. He
invited a friend to use the room for the duration of the week and the friend did so. A few
days later the innkeeper discovered that George was no longer occupying the room and
evicted his friend. Did the hotel have the legal right to evict the friend?
a. Yes, because a hotel can evict anyone at any time to preserve a safe environment for
its guests.
b. Yes, because he was not the registered guest, and the hotel did not agree to a change
in occupants.
c. No, the friend was not disorderly or objectionable.
d. No, because the hotel was obligated by contract to provide a room to George or his
designee for a week.
Answer:
Rosie recently had reconstructive surgery on her face and nose because of a baseball
accident. While she was a guest at a hotel, the heel on her shoe became wedged in a
hole on an outdoor cement step, causing her to fall and land on her face. Because
Rosie’s surgery had not fully healed, her injuries were more severe than they would
otherwise have been. The hole was caused by the deterioration of the cement. What is
Rosie entitled to recover from the hotel?
a. Nothing, the hotel was not negligent in this situation.
b. Only money for the injuries that a person who had not had recent surgery would have
sustained.
c. Full compensation for her injuries.
d. Out-of-pocket damages, but not compensation for pain and suffering.
Answer:
Daisy arrived at a hotel at 3:00 a.m. She rang the bell on the registration desk to alert
the sleeping attendant of her presence. Which of the following is true?
a. If the hotel has vacancies, it must provide a room to Daisy.
b. Due to the lateness of the hour the attendant can refuse to provide accommodations.
c. The attendant must provide Daisy with a room but, due to the lateness of the hour,
can charge her an additional fee.
d. The hotel has discretion in this circumstance and can either provide a room or not as
the attendant sees fit.
Answer:
Which of the following best describes sovereign immunity?
a. It is the authority given to state governments to regulate gambling.
b. It is the authority given to Native Americans to regulate their own internal affairs on
reservations.
c. It is the authority given to a captain of a gambling riverboat.
d. It is the right of an employer to discipline an employee who engages in sexual
harassment.
Answer:
What is the effect of a counteroffer?
a. No contract results unless the counteroffer is accepted.
b. The counteroffer creates a contract.
c. A contract results, but it is voidable at the option of the offeror.
d. A contract results, but it is voidable at the option of the offeree.
Answer:
Which of the following is not mandated by the regulations passed pursuant to the
Nutrition Labeling and Education Act?
a. Mandatory nutritional labels for all packaged foods
b. Mandatory nutritional labels for all food served in a restaurant
c. Regulation and standardization of words such as ‘light,’ ‘cholesterol-free,’ and
‘low-calorie’
d. A statement on the label of the number of grams of total fat in the food, and the
number of those grams that are derived from saturated fat
Answer:
Which of the following best describes a claim?
a. The first document issued by the plaintiff in a lawsuit
b. A demand for a remedy to compensate for a perceived wrong
c. The first phase of a trial
d. The basis on which a judge decides a case
Answer:
The primary difference between assault and battery is
____________________________________________________________________.
Answer:
A hotel can treat a holdover guest as a trespasser.
Answer:
The Uniform Commercial Code is a set of rules designed to simplify and modernize the
law governing sale of goods, including food.
Answer:
The doctrine of ______________________________ imposes liability on the seller of a
defective product without regard to negligence.
Answer:
Many states have established laws that restrict ____________________ in many public
buildings, including restaurants.
Answer:
Patty ate a chocolate chip cookie and choked when a chocolate chip went down the
wrong way. True or false: Because of the presence of the chocolate chips, the cookie
breached the warranty of merchantability.
Answer: