Archives: Quiz

A guest was observed by hotel security stealing money from the pocket of another guest while both were at the hotel bar. The hotel can legally detain the thieving guest until the police arrive. Answer: When erecting unassembled furniture, hotel […]

The powers given to the federal government in the Constitution are the _________________________. Answer: ____________________ is a process by which local governments can restrict the way property owners use their land. Answer: Zoning Probable cause is a defense to the […]

A restaurant was sued when a diner was injured by a malfunctioning automatic entry door. If the restaurant can prove that it has a regular maintenance and inspection plan for the doors, it may be able to establish that it […]

A hotel with a revolving door should have an attendant at the door under the following circumstances: ________________________________________________________. Answer: The Indian Gaming Regulatory Act is a federal law that was passed by Congress. Answer: T Jim returns to his room […]

A judge can never deviate from precedents. Answer: Having a ‘lady’s night’ or a ‘men’s night’ when drinks are offered at a lower price to one gender only, is restricted under the discrimination law. Answer: F Tanning booths are sometimes […]

If a plaintiff in a negligence case is unable to prove proximate cause, the plaintiff will lose the case and not be able to recover. Answer: The reason for the recent popularity of riverboat casinos is ____________________________________________________________. Answer: laws in […]

The outdated term for a bar, which later became the name of a liability act, is _________________________. Answer: The innkeeper-guest relationship is a ____________________ one. Answer: contractual An important factor in determining whether a person qualifies as a guest is […]

If a state has passed laws that prohibit gambling, the state can enforce those laws on an Indian reservation located within that state. Answer: Most states’ limiting liability statutes either relieve a hotel from liability or limit the liability when […]

Preparation of kosher food is supervised by a ____________________ or a designee. Answer: A casino cannot legally exclude card counters from playing blackjack. Answer: F A ____________________ case is one sufficient to warrant a judgment for the plaintiff if the […]

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 […]

Companies should establish a sexual harassment policy containing all but which of the following? a. A compliant procedure that authorizes employees to file complaints directly with their supervisor. b. A rule requiring that, if the victim concurs, all complaints should […]

A hotel has only one safe, which is located at the registration desk. The safe is open from 7:30 a.m. until midnight. True or false: This availability will protect the hotel from full liability in cases of loss of guests’ […]

Which of the following items, if brought to a hotel by a guest, is not subject to the innkeeper’s lien? a. A camera c. Merchandise samples b. A wedding ring d. Property in the hotel safe Answer: Derry Community College […]

Which of the following means, ‘the thing speaks for itself’? a. Attractive nuisance doctrine b. Res ipsa loquitur c. Negligence per se d. Last clear chance Answer: In a criminal case, who pays for the plaintiff’s attorney? a. The victim […]

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 […]

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 […]

A woman was sitting in a hotel lobby. She was not a guest and had no intention of renting a room. What action can the hotel legally take? a. The woman has an implied license to be on the premises, […]

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 […]

Dan is about to open a restaurant. Which of the following is not one of the licenses or permits the local government may require that he obtain? a. A restaurant operator’s license b. A liquor license c. A recycling license […]

Ralph founds Signify Inc. to make and sell products bearing the names of Tau Kappa Epsilon (TKE) and other fraternities and sororities. Among other venues, Signify sells its products online through Web sites that incorporate the fraternities’ and sororities’ names […]

The act of state doctrine provides that the judicial branch of one country will examine the validity of public acts committed by a recognized foreign government within the latter’s own territory. Answer: If a person in custody is to be […]

Social media posts are routinely included in discovery in litigation. Answer: Under the UCC, good faith means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade. Answer: T Any written material, including information […]

The Securities and Exchange Commission does not enforce the antifraud provisions of the securities laws in the online environment. Answer: Facilitation is adversarial in nature. Answer: F Under the Age Discrimination in Employment Act of 1967 permits private cause of […]

Moral pressure constitutes false imprisonment. Answer: If a limited liability company (LLC) agreement does not cover a topic, the state LLC statute will govern. Answer: T One can join a partnership even if all other partners do not consent. Answer: […]

Business Solutions Corporation (BSC) sells business application software’”wage, price, and inventory coordinating programs, for example’”in different combinations and packages, at different prices, downloadable online. To complete a deal, a purchaser clicks on a button that, with reference to certain terms, […]

An employer can refuse to bargain collectively with an elected employee representative. Answer: People who keep domestic animals are strictly liable for any harm inflicted by the animals. Answer: F When a release of hazardous chemicals from a site occurs, […]

Puffery constitutes deceptive advertising. Answer: Courts apply the assumption of risk doctrine only in emergency situations. Answer: F One of the basic elements of zoning is the classification of land by permissible use as part of a comprehensive municipal plan. […]

There are no significant differences between a trial and an administrative hearing. Answer: According to the United States Supreme Court, the First Amendment prevents limits from being placed on independent political expenditures by corporations. Answer: T A famous trademark may […]

The majority rule controls decisions that significantly affect the nature of the partnership or that are outside the ordinary course of the partnership business. Answer: When the dominant party in a fiduciary relationship benefits from that relationship, a presumption of […]

Nelson is Organic Coffee Company’s majority shareholder. Nelson decides to sell his Organic Coffee stock. The sale will be an effective transfer of the control of the company. Does Nelson owe a duty to Organic Coffee or its minority shareholders […]

An action may be legal but not ethical. Answer: Market power is the ability of a firm to enter a given market. Answer: F The first person to invent a product obtains the patent rights rather than the first person […]

The types of product defects that have traditionally been recognized in product liability law include manufacturing defects. Answer: When all the judges (or justices) agree on a decision, a majority opinion is written for the entire court. Answer: F Under […]

An important rule to keep in mind is that the offeree (the buyer) controls the acceptance and thus the resulting contract. Answer: Restaurants must post guidelines on the number of calories that an average person requires daily. Answer: T The […]

The breadth of the commerce clause permits the government to legislate only in areas in which Congress has explicitly been granted power. Answer: A straight majority vote of the shares represented at a shareholders’ meeting is usually required to pass […]

The possession of monopoly power is the only element needed to establish the offense of monopolization. Answer: The articles of incorporation serve as a primary source of authority for the corporation’s future organization and business functions. Answer: T The Food […]

A court of appeals does not hear any evidence. Answer: Employers are not required to modify their job-application and selection process so that those with disabilities can compete for jobs with those who do not have disabilities. Answer: F In […]

An occurrence or event that makes performance temporarily impossible operates to discharge the parties’ contractual duties. Answer: The key to liability under Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5 is whether information omitted or […]

Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights. Answer: The Foreign Sovereign Immunities Act broadly defines comÂmercial activity. Answer: T Lunch Trucks, Inc., contracts to deliver and serve Meals Catering […]

It is guaranteed that any judgment will be enforceable. Answer: Acting in good faith gives a business firm a better chance of defending its actions in court. Answer: T Erin contracts in writing to sell her Ford-brand pick-up truck to […]

Under a theory of market-share liability, a manufacturer sells ‘shares’ of its potential strict liability and thereby spreads the risk and the cost. Answer: In the context of Section 16(b) of the Securities Exchange Act of 1934, insiders include officers, […]

The National Pollutant Discharge Elimination System focuses on industrial wastewater and storm water discharges. Answer: No federal court has held that digitally sampling a copyrighted sound recording of any length constitutes copyright infringement. Answer: F Persons cannot share ownership rights […]

Generally, under the employment-at-will doctrine, an employee may quit a job at any time for any reason. Answer: A limited liability partnership may exempt its partners from personal liability for any partnership obligation. Answer: T Once immunity is given, a […]

Public water systems operators must come as close as possible to meeting the Environmental Protection Agency’s standards by using any available technology that is economically and technologically feasible. Answer: The minimum-contacts requirement is usually met if a corporation advertises or […]

A service mark distinguishes products used by those in public service. Answer: The contract term ‘free on board’ indicates that the selling price of goods includes transportation costs to the specific F.O.B. place named in the contract. Answer: T Under […]

Owen, a counter clerk at Pastry Bakery, notices that the bakers are not wearing protective gloves while preparing baked goods, a violation of state law. Owen reports this to Quinn, the owner, who does nothing. Owen tells Roberta, a reporter […]

A warranty of good title means that a seller warrants that he or she has valid title to the goods and that transfer of the title is rightful. Answer: The Securities and Exchange Commission (SEC) requires companies to file certain […]

The element of bargained-for exchange distinguishes contracts from gifts. Answer: A court’s review of an arbitrator’s award may be restricted. Answer: T The First Amendment does not require a complete separation of church and state. Answer: T There are three […]

Carney & Deb, Accountants, perform a variety of tasks for their clients’”financial statements and tax returns, for example. To accomplish these tasks, Carney & Deb collects their clients’ personal and financial information. Carney & Deb can store the personal and […]

A territorial or customer restriction is currently considered a per se violation of antitrust law. Answer: In mediation, the mediator proposes a solution and makes a decision resolving the dispute. Answer: F An injured party may sue only the manufacturer […]

Negligence per se may occur if an individual violates a statute or an ordinance providing for a criminal penalty and the violation causes another to be injured. Answer: States do not have trademark statutes. Answer: F There is one set […]