Tourism Legal Questions

Multiple Choice:

1. In court, the process of following earlier cases is ____________________

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a. Common law

b. Statutory law

c. Stare Decisis

d. Assault

2. A hotel should hire more security staff during what times?

a. Off season, when few guests will be present

b. New Years Eve, when large crowd is expected in lobby

c. Music Festival across the street

d. Both B and C

3. Elements that make a contract valid include all but which of the following?

a. Contractual capacity

b. Legality

c. Consideration

d. Breach

4. Which of the following is not a necessary element needed to understand a court case?

a. Interstate Commerce

b. The facts

c. The issue

d. The judge’s decision

5. In order to be successful in the lawsuit, a plaintiff must prove:

a. The defendant violated the law

b. The cause of the plaintiff’s injury was the defendant’s violation of the law

c. The plaintiff suffered an injury or a loss

d. All of the above.

6. What law consists of legal rules that have evolved not from statutes, but rather from decisions

of judges and from customs and practices that obtained their authority from the test of time?

a. Common law

b. Statutory law

c. Constitutional law

d. Hospitality

7. Winston Community College is a commuter school with a population of 725 students. Although

its students come from 4 different states, the college has no dorms. The only place on campus

where food is sold is the snack bar. True or false: The college is covered by the Civil Rights Act

of 1964.

a. True, because many of its students come from out of state

b. False, because colleges are not covered by the Act

c. True, because of the unitary rule

d. False, because it has no lodging facilities

8. Which of the following statements reflects the accurate difference between a statute and an

ordinance?

a. A statute is law adopted by local legislators and an ordinance is a law adopted by federal

or state legislators.

b. A statute is a basis for deciding future cases and an ordinance is based off of decisions

made by a judge.

c. A statute is law made by federal or state legislators, and an ordinance is law adopted by

local legislators.

d. A statute is made by judges and an ordinance is made by the executive branch.

9. Which of the following is not part of the complaint?

a. A claim for relief

b. A motion

c. Information about why the plaintiff is suing the defendant

d. A statement showing the jurisdiction of the court.

10. A diner sued a restaurant, claiming the food was rancid and made her sick. The restaurant

intends to deny these claims and seek payment from the diner for the cost of the meal, which

the diner refused to pay. The document in which the restaurant would assert this claim is

a. The complaint

b. The answer

c. The summons

d. The bill of particulars

11. Which of the following is not an alternative dispute resolution mechanism?

a. Arbitration

b. Summary trial

c. Bench trial

d. Mediation

12. The act of treating some people different from and less favorably than others is

a. Discrimination

b. Tolerance

c. A civil right

d. All of the above

13. Which of the following is a factor in considering whether a club is in fact private?

a. Whether the club is selective in choosing its members.

b. Whether the club advertises publicly for new members

c. Whether people who are not members of the club are able to use the facilities

d. all of the above

14. Which of the following is true regarding contracts?

a. It is an agreement between two or more parties and it is enforceable in court.

b. It is an agreement between two parties but it is not generally enforceable in court.

c. It is a proposed suggestion from one party and it viewed as a proposal by the other

party.

d. If broken by a party, the other party will be immediately summoned to appear in court.

15. This legal standard is used to help judge whether a defendant’s actions were or were not within

the bounds of the law.

a. Proximate cause standard

b. Preexisting condition standard

c. Reasonable person standard

d. Active vigilance standard

16. Breach of contract means ____________________________.

a. Mutual agreement to terminate the contract

b. Failure to perform as required by a contract

c. Drafting a new contract

d. Terminating the person who wrote the contract

17. Which doctrine frees the plaintiff from the burden of proving the specific breach of duty

committed by the defendant?

a. Attractive nuisance

b. Res ipsa loquitur

c. Reasonable person test

d. Respondeat superior

18. Which is a condition under which a contract is null and void?

a. The terms were lengthy and took a long time to read.

b. The document was written in the Comic Sans font.

c. The contract is illegal.

d. The offer is within the parameters of the law, but outside of the signee’s financial

limitations.

19. The purpose of the Parole Evidence Rule is to ___________________.

a. Prevent parties from modifying a written contract using prior oral statements.

b. Prevent parties from being arrested.

c. Prevent parties from terminating a contract.

d. None of the above.

20. What is constructive notice?

a. The facility has known of the existing condition for a sufficiently long period of time and

should have noticed the problem.

b. Knowing when to refurbish the hotel

c. When the plaintiff should have known about the dangerous condition

d. When the plaintiff and the facility should both have known about the danger

21. Shampoo was spilled in the stairwell of a hotel. A guest slipped and fell down the stairs,

breaking her arm. The cause of the guest’s fall, however, was due to her heel breaking.

Although the hotel was negligent in failing to clean the shampoo, the cause was unrelated. The

hotel is not liable because lack of

a. Proximate causation

b. Contractual relationship

c. Preexisting condition

d. Injury

True or False:

22. Negligence is considered a tort.

23. The complaint is a document issued by the plaintiff that contains allegations.

24. The Civil Rights Act of 1964 applies only to businesses engaged in interstate commerce.

25. Punitive damages are awarded to a plaintiff to compensate for a loss caused by the defendant.

26. A judge can never deviate from precedents.

27. The voir dire is a presentation to the jury outlining the proof the lawyer expects to present

during the trial.

28. Most states have enacted laws prohibiting certain types of discrimination not covered by the

Civil Rights Act of 1964.

29. When determining appropriate security measures, a hotel must consider not just prior crimes

on its premises, but also recent crimes in the general area.

30. A void contract is enforceable in court.

31. A four-year-old boy’s negligence caused injury to a man. The child will be liable to the man for

his injuries

32. To be legally enforceable, all contracts must be in writing.

33. The “reasonable person” does not have bad days from a legal perspective.

34. A restaurant that complies with all safety statutes and ordinances applicable to it will not be

liable for negligence regardless of how the plaintiff is injured.

Fill in the Blank: (There may be more than one word per answer)

35. The law applicable to legal wrongs other than crimes, is known as ____________________.

36. __________________________ are agreements between two or more parties that are

enforceable in court.

37. Two types of damages a plaintiff can seek in a civil case are _____________ and __________.

38. The ____________________________ is a document ordering the defendant to appear in a

lawsuit and defend the allegations made against him.

39. The pretrial process by which each side obtains evidence known to the other side is

_____________________________.

40. The person to whom an offer is made is the _______________________________.

41. A ___________________ is a precedent that marks a turning point in the interpretation of the

law.

42. Many problems involving bathroom fixtures and plumbing can be avoided if

_______________________ personnel are instructed to examine the bathroom fixtures

routinely and check the water temperature frequently.

43. _______________________ refers to many types of noncriminal wrongful conduct done by one

person that causes injury to another.

44. ________________________ have the authority to review the handling and decision of a case

tried in a lower court.

45. An ____________________ is a court order forbidding a party to a lawsuit from engaging in

specified acts.

46. _________________________________ refers to the legal requirement that a plaintiff seeking

to collect damages for breach of contract to prove an attempt was made to reduce or lessen

losses.

47. A person on the premises of another by permission or acquiescent of the owner or occupier,

and not by invitation, whose presence does not further the defendant’s business is a

_______________________.

 

48. A trial that is held without a jury is called a ________________________________.

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