Hospitality 320 - Hospitality Law » Fall 2019 » Quiz 2

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Question #1
Understanding how the law views property is important because:
A.   it affects how property ownership disputes and claims are settled.
B.   it affects how ownership of the property is allowed to be transferred.
C.   it affects the rights of an individual to use the property as they see fit.
D.   it affects how ownership of the property is allowed to be transferred.
E.   all the above
Question #2
In the hospitality industry there are two types of property the future manager must learn to administer. One is “real property.”     
A.   FALSE
B.   TRUE
Question #3
In the hospitality industry there are two types of property the future manager must learn to administer. One is “personal property.”     
A.   TRUE
B.   FALSE
Question #4
Certain tools can be utilized for legally selecting employees, including
A.   Job qualifications
B.   Job descriptions
C.   Applicant screening
D.   all the above
E.   Pre-employment testing
Question #5
Employment discrimination laws have been established to protect certain classes of people from unfair or exclusionary hiring practices, which includes:
A.   Age Discrimination in Employment Act of 1967
B.   Pregnancy Discrimination Act of 1978
C.   Americans with Disabilities Act; Title I of 1990
D.   all the above
E.   Civil Rights Act of 1964; Title VII
Question #6
Youths aged 14 and 15 may work in certain jobs outside school hours, but no more than three hours on a school day, with a limit of 18 hours in a school week.     
A.   TRUE
B.   FALSE
Question #7
“At-will employment” is an employment relationship whereby employers have a right to hire any employee, whenever they choose, and to dismiss an employee for or without cause, at any time, so long as the employee’s civil right are not violated.  
A.   TRUE
B.   FALSE
Question #8
After you have legally selected any employee for your organization, it is good practice to clarify the condition of employment in an “Offer Letter;” components of a sound Offer Letter include:
A.   Start date
B.   all the above
C.   Compensation
D.   Position offered
E.   Benefits
Question #9
Your Employee Manual should provide general policies, that include:
A.   Performance reviews
B.   Probationary periods
C.   Drug and alcohol testing
D.   Disciplinary process
E.   all the above
Question #10
Regarding preventing discrimination, workplace discrimination is enforced by the Equal Employment Opportunity Commission (EEOC).
A.   TRUE
B.   FALSE
Question #11
Resolving a complaint and to avoid liability, an employer must offer evidence a complaint of sexual harassment was investigated thoroughly and undertook prompt remedial action to end the harassing conduct.
A.   FALSE
B.   TRUE
Question #12
Hospitality Operators owe a “duty of care” to those individuals who enter their establishment, which include: 
A.   Provide a reasonably safe premise
B.   Hire and train qualified employees
C.   Serve alcoholic beverages responsibly
D.   Serve food and beverage fit for consumption
E.   all the above
Question #13
Regarding “negligence” on the part of a person or organization, negligence is said to legally exist when the following condition/conditions has/have been met: 
A.   The defendant’s failure to meet the legal duty was the proximate cause of the harm.
B.   The plaintiff (guest) was injured or suffered damages.
C.   A legal duty of care is present.
D.   all the above
E.   The defendant (person or organization) has failed to provide the standard of care needed to fulfill the duty of care.
Question #14
“Foresee-ability” is the ability of a reasonable, prudent person to know of reasonably anticipate that harm, damage, or injury would occur or was likely to occur as a result of an action or omission.
A.   TRUE
B.   FALSE
Question #15
"Reasonable care" is the degree of care that a reasonably prudent person would use in a similar situation. 
A.   TRUE
B.   FALSE
Question #16
Certain characteristics help to define a transient guest, compared to a tenant, and include(s):   
A.   Short-term stay - They stay (or rent) for a relatively short period of time with no intent of establishing a permanent residency.
B.   all the above
C.   Billing format – Transient guests tend to be charged a daily rate for their stay, while tenants may be billed weekly or monthly.
D.   Registration: Transient guests enter into a room agreement via a registration, whereas a tenant typically signs a lease.
E.   Tax payment: Transients guests must pay local occupancy taxes, whereas tenants do not.
Question #17
A public accommodation may legally deny service to a potential guest when: 
A.   The individual cannot show the ability to pay for the services provided.
B.   all the above
C.   The individual is intoxicated
D.   The individual has a readily communicable disease.
E.   The individual wishes to enter the facility with an item that is prohibited.
Question #18
Swimming pools, including spas and hot tubs, can be the source of significant liability, following extensive safety recommendations will go a long way toward reducing their liability related to pools.   
A.   FALSE
B.   TRUE
Question #19
Facilities must not only be safe, they must be accessible.  Title III American with Disabilities Act (ADA), requires that facilities remove barriers to access public accommodation.
A.   TRUE
B.   FALSE

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