HA 335 TEST 4

HA 335 TEST 4

Multiple Choice

Identify the letter of the choice that best completes the statement or answers the question.

____ 1. Which of the following is not true about independent contractors?

a.	They furnish their own supplies and equipment.
b.	They may or may not be agents.
c.	They take direction from the person who hires them on how to carry out their assigned tasks.
d.	They are paid on commission, not salary.

____ 2. 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.

____ 3. 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	c.	A negligence action
b.	A small claims action	d.	An independent contract’s action

____ 4. If a judge, while applying an international treaty in the course of deciding a case, disagrees with parts of the treaty, what should the judge do?

a.	Apply its term regardless of his or her personal disagreements with the treaty
b.	Reject the treaty
c.	Modify the treaty to the judge’s liking
d.	Ask Congress to reconsider the treaty while the case is pending

____ 5. What types of damages are recoverable by the owner of a dog that dies while in the custody of the airline?

a.	Mental anguish	c.	The value of the dog
b.	Punitive damages	d.	Loss of services

____ 6. Jan was an authorized agent for an airline. Due to shoddy work on her part, the airline withdrew the authorization for Jan to act as an agent. Nonetheless, she sold tickets to a customer. The airlines refused to honor the tickets. Who is liable to the customer for the money paid for the tickets?

a.	The airline
b.	Jan
c.	The Department of Transportation
d.	No one is liable to the customer in this circumstance

____ 7. 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

____ 8. Prior to take-off, two stewardesses overheard two passengers discussing how to hijack the flight. The stewardesses informed the pilot. Which of the following best describes the authority of the pilot?

a.	The pilot can remove the passengers from the flight.
b.	The pilot cannot remove the passengers from the flight unless weapons are found in their possession.
c.	The pilot cannot remove the passengers but can call the police to have them remove the passengers.
d.	The pilot can remove the passengers but only if they fail a lie detector test.

____ 9. A travel agent may be liable for all but which of the following?

a.	Providing to a customer inaccurate information about travel plans
b.	Injuries caused by a drunk driver to a traveler crossing the street while on vacation
c.	Breaching a contract with a customer
d.	Failing to investigate the appropriateness of travel services recommended to a customer by the travel agent

____ 10. When an airline overbooks and passengers must be bumped, which of the following is the correct order for determining which passengers are bumped?

a.	Volunteers, followed by the last to arrive at the gate
b.	The airline’s priority rules, followed by the last to arrive at the gate
c.	Volunteers, followed by the airline’s priority rules
d.	The last to arrive at the gate followed by volunteers

____ 11. Which of the following is true about disclaimers?

a.	Courts do not look favorably on them due to public policy concerns, so they are often invalidated.
b.	They are valid and enforceable.
c.	They are valid and enforceable only between travel agents and travel wholesalers.
d.	They are not favorable because they are usually not in writing.

____ 12. Which of the following is not true about overbooking by car rental companies?

a.	It is a crime.
b.	Some states impose fines for overbooking.
c.	Many car rental companies will voluntarily compensate a traveler whose car reservations could not be filled and who rented from another company at a higher price.
d.	The unavailability of a reserved car constitutes a breach of contract.

____ 13. Which of the following would constitute negligent entrustment of a rental car by a car rental company?

a.	Renting to someone under age 21
b.	Renting to someone who is visibly intoxicated
c.	Renting to someone without proper identification
d.	Renting to someone accompanied by three friends, all of whom would be passengers in the car

____ 14. Heather rented a car from a travel agent. Even though she was the only authorized driver listed on the contract, she allowed her friend Ashley to drive the car. Ashley was in an accident caused by her negligence. Heather suffered injuries, and the car was damaged. Which of the following is true?

a.	Heather will be liable to the rental company for the damages to the car.
b.	An implied term in the contract between Heather and the car rental company obligated the company to cover the losses resulting from Ashley’s accident.
c.	The rental company’s insurance will cover expenses associated with Heather’s injuries but not the cost to repair the car.
d.	The car rental company’s insurance will cover the cost of the repair to the rental car but not the expenses associated with Heather’s injuries.

____ 15. 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

____ 16. 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

____ 17. Restrictions on employment of young persons include all of the following except:

a.	The method of transportation used by the person to travel to and from work
b.	The hours during the day when the young person can work
c.	The number of hours per week that the young person can work
d.	The type of tasks the young person can do

____ 18. Which of the following is not a protected class for purposes of illegal job description?

a.	Sex
b.	National origin
c.	Place of residence within the United States
d.	Pregnancy

____ 19. Based on the Civil Rights Act of 1991, compensatory and punitive damages are remedies available to plaintiffs who have been discriminated against on all but which one of the following?

a.	Age	c.	Disability
b.	Religion	d.	Race

____ 20. An employee who works at the front desk of a hotel has requested a weekend day off to celebrate an annual religious holiday. The hotel is particularly busy on the weekend, and the employer is hesitant to release the employee from job obligations. Which of the following is false?

a.	The employer can refuse to grant the day off without attempting to accommodate the employee’s request.
b.	The employer is well advised to assist the employee in locating a substitute employee by such means as affording space on a company bulletin board.
c.	If the employee made arrangements with another qualified employee to work the shift, the employer must give unpaid time off for the religious holiday.
d.	If a satisfactory arrangement with another employee cannot be made, the employer can refuse to grant time off for religious holidays.

____ 21. Which of the following is an example of sexual harassment in the form of a hostile work environment?

a.	A woman is denied a promotion because she rejected her boss’s advances.
b.	A female employee was demoted because she refused to respond to her supervisor’s sexual advances.
c.	A female employee is exposed to persistent lewd remarks and pinups at her work site.
d.	A male employee attending an out-of-town conference with his female boss declined an invitation to share a hotel room and was later denied training opportunities that would have qualified him for promotion.

____ 22. 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 be thoroughly investigated.
c.	A rule requiring that prompt remedial action be taken against the harasser.
d.	A rule requiring that the name of the victim be maintained as confidential unless the victim authorizes release of his or her identity.

____ 23. A hotel is hiring a marketing and sales person to promote increased convention sales. The hotel refuses to hire an applicant who is 24 years old because it wants a more mature person for the job. Does the refusal of the hotel to consider the applicant constitute illegal discrimination?

a.	Yes, this is discrimination based on age.
b.	Yes, this is discrimination based on experience.
c.	No, the law does not protect from discrimination for persons under the age of 40.
d.	No, age is not a protected class.

____ 24. Which of the following is an employer not required to do as an accommodation to an employee with a disability?

a.	Modify training materials for the visually impaired
b.	Enlarge doors to enable a person in a wheelchair to enter and exit
c.	Purchase glasses for an employee
d.	Modify a work schedule to coincide with public transportation schedules

____ 25. 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.

____ 26. Which of the following is not an objective of zoning laws?

a.	To achieve balanced development in an area
b.	To protect the environment
c.	To preserve the residential quality of neighborhoods
d.	To minimize the adverse effects of an inappropriate location for certain types of business

____ 27. Jim owned property that he wanted to use for a snack bar. The local zoning ordinances prevented such use. He may nonetheless be able to open a snack bar on the property if he receives from the local government:

a.	A variance	c.	Divestiture
b.	A license	d.	A copyright

____ 28. 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	c.	A recycling license
b.	A liquor license	d.	A health permit

____ 29. Which of the following is not a penalty for operating a business without a required license?

a.	Fines
b.	Refusal by courts to enforce contracts of the unlicensed business
c.	Jail
d.	Mandatory attendance at an educational program

____ 30. 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
d.	A reasonable amount of time between the notice and the hearing to prepare a defense

____ 31. 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

____ 32. Which of the following is a per se antitrust violation?

a.	Price fixing
b.	Mergers
c.	Resale price maintenance agreements
d.	Territorial division agreements

____ 33. A fast-food franchisor required its franchisees to sell a certain type of ice cream and no other. Which of the following would not be a consideration in determining whether this arrangement violates antitrust laws?

a.	The franchisor owns 20 percent of the ice cream company from which it requires its franchises to purchase.
b.	The franchisor’s reason for requiring the franchisees to use the specified ice cream is to increase the profits of the franchisor.
c.	The franchisor has all the necessary licenses to operate the restaurant.
d.	The franchisor does not dominate the ice cream market.

____ 34. A restaurant is named Barbecue Delight. Which of the following best describes the name?

a.	It is a service mark.	c.	It is a copyright.
b.	It is a trademark.	d.	It is a variance.

____ 35. 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 infringement.
d.	The plaintiff must approve that the defendant’s name is likely to mislead customers.

____ 36. 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.

____ 37. Heather owns an Arby’s Restaurant (a fast-food operation selling roast beef and chicken sandwiches, among other menu items). Which of the following best describes Heather?

a.	Trademark owner	c.	Franchisee
b.	Franchisor	d.	Licensing body

____ 38. Which of the following is not a defense a casino can use against a patron to collect money lent for gambling in a lawsuit?

a.	Incapacity	c.	Duress
b.	Lack of probable cause	d.	Unconscionability

____ 39. 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.	c.	The duty owed by both are the same.
b.	The duty owed by a hotel is greater.	d.	Neither owes a duty.

____ 40. Which of the following is an example of false imprisonment?

a.	A guest who is lodging at a casino hotel fails to pay the hotel bill.
b.	A casino refuses to pay on a bet because of suspicious circumstances.
c.	A casino detains a bettor based on the manager’s guess that the patron was using fake coins in a slot machine.
d.	A supervisor continually makes sexual innuendos about an employee.

____ 41. Which of the following is not an illegal act to which casinos and/or their patrons are vulnerable?

a.	Capping	c.	Theft of big winners
b.	Comping	d.	Dram shop

____ 42. The type of laws that apply to events occurring on boats on waterways is:

a.	Infringement	c.	Dram shop
b.	Sovereign authority	d.	Maritime

____ 43. 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.

____ 44. Which of the following was one of the goals of the Indian Gaming Regulatory Act?

a.	Prohibit gaming on Indian reservations
b.	Prohibit gaming on riverboats
c.	Balance the interests of the states in regulating high-stakes gambling and the interests of Native Americans in preserving their authority to govern reservations
d.	Legalize gaming in states that do not have Indian reservations

____ 45. The Indian Gaming Regulatory Act divides gaming into how many classes?

a.	Three	c.	Five
b.	Four	d.	Six

Completion

Complete each sentence or statement.

46. _________________________ is a forum that encourages people with a legal claim to act as their own advocates in court without a lawyer.

47. A traveler with an airline reservation who is bumped due to overbooking is entitled to damages based on _________________________.

48. An employer may have a defense in a discrimination case where the selection of an employee—although based on sex, religion, or national origin—was reasonably necessary for the normal operation of the employer’s business. This defense is called ___________________________________.

49. A form of sexual harassment that involves promises of job benefits in return for unwelcome sexual advances or a request for sexual favors is called ____________________.

50. Among the topics to be addressed by the National Gambling Impact and Policy Commission are _________________________.