A Civil Right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury.Discrimination occurs when the civil rights of an individual are denied or interfered with because of their membership in a particular group or class.In the United States, on a Federal level, these groups consists of

Group of answer choices

Disability, race, religion, national origin, age, color, marital status, gender

Race, color, religion, national origin, age, disability, marital status, sexual tendencies

National Citizenship, age, race, color, religion, disability, marital status, sex

Race, color, religion, national origin, disability, marital status, sex, health conditions such as AIDS

Question 2

Mabel, a black single lady wanted a refreshing cool soda since it was very hot outside.She went into a local restaurant and sat down at a table.When the Waitress, Deedee came over, Mabel ordered a glass of ginger ale.Deedee told Mabel she would have to leave because all customers must be wearing shoes.Mabel looked around and noticed that she was the only black person in the restaurant.Mabel brought a Civil lawsuit against the restaurant and Deedee for violating Mabel's civil rights.

Group of answer choices

Mabel will be successful because there were no black people being served in the restaurant.

Mabel will be successful because restaurants are not allowed to discriminate against a member of a protected group or class.

Mabel will be unsuccessful because restaurants are allowed to discriminate as long as it is not against a member of a protected group or class.

Mabel will be unsuccessful because restaurants are allowed to have reasonable rules and policies and make customers follow those rules and policies.

Question 3

Billie just turned sixteen and wanted to have a birthday party at Happy Hotel's Party Place.Happy Hotel refused to book the party.

Group of answer choices

Billie will win a discrimination suit because businesses are not allowed to discriminate based on age.

Billie will not win a discrimination suit against Happy Hotel for service refusal.

Billie will not win against Happy Hotel because Happy Hotel has more resources to fight the lawsuit and can hire better lawyers.

Billie will win a discrimination suit if Billie can prove that Happy Hotel hosted birthday parties in the past and it was unreasonable for it to refuse to book the party.

Question 4

FDA offers the following guide (s)

FDA Consumer Q-A Menu Labeling.

FDA Food guide White Chocolate.

FDA menu labeling at a glance.

All of the choices are correct.

Question 5

What are important laws to understand regarding the cruise ship industry?

The Limitation of Shipowner's Liability, Death on the High Seas Act, and Jones Act

The Limitation of Cruise ship's Liability, Death on the High Seas Act, and Davey Jones Act

The Limitation of Shipowner's Liability, Duties on the High Seas Act, and Davey Jones Act

The Limitation of Shipowner's Liability, Duties on the High Seas Act, and Jones Act

Question 6

Kevin, a wounded Veteran came into the restaurant with his small dog, Buffy.Kevin was seated at a small table in the center of the restaurant.Buffy jumped up onto a chair and then unto the table and started lapping water out of a glass that the waitress had sat on the table.The restaurant manager came over and explained to Kevin it was the policy that only service dogs were allowed in the restaurant and that the dog's behavior had to be appropriate for the restaurant.Kevin replied that his dog was a service dog and there was nothing wrong with Buffy's behavior, she was just thirsty.The manager asked Kevin to please leave.

Kevin will win an ADA suit against the restaurant because Buffy was not creating a problem for any other customers.

Kevin will win an ADA suit because he is a wounded Veteran and Buffy is a service dog.

Kevin will lose an ADA suit because he did not have proof that Buffy is a service dog.

Kevin will lose an ADA suit because he allowed Buffy to get on the table and drink water from the glass, which violated the restaurant's policies.

Question 7

In order to not violate ADA rules, Hotels "places of lodging" must do the following except:

ensure that disabled customers can make reservations during the same hours and in the same manner as individuals without disabilities, identify and describe the hotel's and room's accessible features and inaccessible features in enough detail to allow a disabled customer to assess whether a hotel meets his or her needs. Hotel staff must be properly train in reservation policies and be able to identify the specific features are included in a hotel's accessible guest rooms. An accessible bathroom may offer either a bathtub or a roll-in shower, but that specific feature may make a difference to a particular disabled person, so the staff must be able to identify the difference.

ensure that accessible guest rooms are held for use by only disabled customers even if all other guest rooms of that type have been rented.

reserve, upon request, accessible guest rooms or specific types of guest rooms, and ensure reserved rooms are blocked and removed from reservations systems, and guarantee that, once reserved, a specific accessible guest room is held for the reserving customer.

places of lodging that use third-party reservations services must make reasonable efforts to make accessible rooms available through these services and must provide these third-party services with information concerning the accessible features of the hotel and rooms.

Question 8

Traveler's Paradise's manager, Paul thought of a brilliant idea.He plans to set up a blocker disabling personal hotspots so that hotel customers will have to use the hotel's wireless connection for a small fee.Paul figured it would be a good way for the hotel to make a little profit from customers using the hotel wi-fi.However, Paul

Group of answer choices

must receive permission from the FTC to be able to charge customers because the FTC's job is to protect consumers from unscrupulous business practices.

can only charge a reasonable amount and must charge all customers the same amount.

should discuss the idea with FCC before proceeding with his plan.

needs to make sure that the hotel wi-fi is fast and secure so that customers will not mind paying to use it.

Question 9

Spend UR $ with Us had a security breach. All of its customers' personal data was stolen by a hacker. Spend UR $ with US

must pay for all damages to customers no matter what methods it took to ensure customer data security because customer trust that their data will be safe.

will only be held liable ifit failed to take appropriate security measures to protect customers.

will be held liable for all damages to customers because it makes a profit from customers shopping in its stores.

will not be held liable because customers can be reimbursed from their credit cards and/or debit cards companies if there are any fraudulent charges made.

Question 10

Tribal sovereignty is a common law doctrine recognizing (Indian) tribes' inherent powers to self-govern, including

the power to determine the structure and external operations of the governing body itself, and exempting tribes from state law that would otherwise infringe upon this sovereignty.

the power to define the structure and internal operations of the governing body itself, and exempting tribes from any state law that would otherwise infringe upon this sovereignty.

the power to determine the leadership and external operations of the governing body itself, and mandating tribes to adhere to all law.

the inability to interdict the structure and internal operations of the governing body itself, and exempting tribes from all law that would otherwise infringe upon this sovereignty.

Question 11

Sleepy Haven has a lodge inside an Indian reservation.Sleepy Haven rented a room to Big Paw, a tribal member.When Big Paw checked out, his credit card was rejected.Big Paw told Sleepy Haven's manager that he would pay later on.Sleepy Haven's manager can

bring a civil suit for breach of contract against Big Paw to make him pay for the room.

can appeal to the tribal council to compel Big Paw pay for the room.

can have Big Paw arrested for fraud.

none of the above is correct.

Question 12

On the Tort side, for a wrong committed, Damages awarded may result in all of the following except:,

in money or valuable compensation to the Plaintiff.

an injunction against the Defendant to stop negative action against the Plaintiff.

a judgment order for the Defendant to take an affirmative action.

compel an order for the Defendant to pay fines.

Question 13

2pts

A large hotel was full with an incoming convention. Housekeeping personnel were overworked in preparing the rooms for the guests and so did not clean as thoroughly as usual. A guest hurt her hand when she encountered a razor blade that had been left in a dresser drawer, and she sued the hotel. No similar accident had ever occurred at the hotel throughout its twelve years of business. Will the hotel be liable in this case?

Group of answer choices

Yes, the hotel was negligent and will be liable for the injuries.

No, the added demand on the hotel's services excuses it from liability in this case.

No, since no prior similar incidents had occurred, the hotel could not have foreseen the injury in this case and therefore is not liable.

No, since hotels are not liable for their guests' injuries unless the hotel staff intentionally causes the injury.

Flag question: Question 14

Question 14

2pts

A tort is a wrong arising from the violation of a private duty where

Group of answer choices

Private party brings charges.

Private party receives pay from the court.

Defendant is provided an attorney if he/she can't afford one.

All of the choices are correct.

Flag question: Question 15

Question 15

2pts

A Tort is a ___________ that the law imposes on everyone in the same relation to one another as those involved in a given transaction.

Group of answer choices

type of regulation

legal concept

breach of duty

wrongful act

Flag question: Question 16

Question 16

2pts

Faju was walking down the hallway at the hotel. Benji, another hotel guest was coming out of his room.Upon seeing Faju, Benji ran up to Faju and struck him on the arm. Later, Faju found out that Benji was mentally ill and suffered recurrent hallucinations. If Faju files a Battery claim against Benji, Faju will be successful unless Benji

Group of answer choices

thought Faju was about to attack him

did not like Faju.

did not desire to cause harm to Faju.

did not cause any injury toFaju.

Flag question: Question 17

Question 17

2pts

Mary picked up a rock and threw it over her shoulder. The rock struck Lilly, who was a few feet behind Mary.Lilly could bring what type of a claim against Mary?

Group of answer choices

Assault

Battery

Negligence

None, because Mary did not know Lilly was behind her and did not mean to hit her.

Flag question: Question 18

Question 18

2pts

Angel picks up a knife and throws the knife directly at Douglas.Phillipe is standing next to Douglas. The knife misses Douglas and sticks into Phillipe's chest causing Phillipe great injury.Under what concept can Phillipe bring the same charges that Douglas could have brought if the knife would have stuck him.

Group of answer choices

None because Douglas was the intended victim

Concept of Res Ipsa Loquitur

Doctrine of Transferred Intent

Doctrine of Negligence

Flag question: Question 19

Question 19

2pts

Sally told David, her manager that an applicant, Lolita had been in jail for theft.David performed a background check on Lolita and discovered that she had been in jail several times for theft.David told Lolita he could not hire her to work the front hotel desk because of her past record.

Group of answer choices

Sally is liable to Lolita for defamation.

David is liable to Lolita for defamation.

No one is liable to Lolita for defamation.

David and Sally are both liable to Lolita for defamation.

Flag question: Question 20

Question 20

2pts

Which of the following statements about torts is correct?

Group of answer choices

A tortious act is always a criminal act.

A criminal act is always a tortious act.

A tortious act may also be a criminal act.

A tortious act is never a criminal act.

Flag question: Question 21

Question 21

2pts

Which of the following elements is not necessary to apply the doctrine of res ipsa loquitur?

Group of answer choices

The defendant intended to cause harm to the plaintiff or reasonable expected that harm to the plaintiff would occur

The defendant had exclusive control of the thing that caused the harm.

The harm would normally not have occurred without negligence.

The plaintiff had no role in causing the harm.

Flag question: Question 22

Question 22

2pts

Defenses to intentional torts include:

Group of answer choices

self-defense and consent.

defense of others and consent.

self-defense and defense of property.

All of the choices are valid defenses.

Flag question: Question 23

Question 23

2pts

Which of the following acts resulting in injury would be negligence per se?

Group of answer choices

Kiki, a restaurant cook did not follow health code regulations and left a container of meat out for hours.Several guests got sick.

Jose did not follow the hotel's policy concerning guest privacy and let a reporter know that a famous celebrity was staying at the hotel.

Tony, a patron at a bar slipped on a drink that another customer spilled.That spill had been there for two hours, but the staff was busy and failed to wipe it up

All the choices are acts of negligence perse.

Flag question: Question 24

Question 24

2pts

Oliver slips and falls on Port Harbor's Tour Boat and is injured. Oliver files a suit against Port Harbor for $500,000. If Oliver is 20 percent at fault and Port Harbor is 80 percent, under the "50 percent rule" comparative negligence principles, Oliver would recover

Group of answer choices

$0.

$250,000.

$400,000.

$500,000.

Flag question: Question 25

Question 25

2pts

FireFlies Inc. uses fireworks in its displays. City Convention Center allows Fireflies to store it fireworks in its storage area.Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity will be

Group of answer choices

none of the choices are correct.

Fireflies and City Convention Center

City Convention Center only.

FireFlies only.

Flag question: Question 26

Question 26

2pts

Island Breeze Company designs and makes desk, window, and ceiling fans. In a product liability suit based on negligence, Island Breeze could be liable for violating its duty of care with respect to all of the following except

Group of answer choices

the design of the fans.

the production process used to make the fans.

the warnings on the labels of the fans.

a consumer's unforeseeable misuse of a fan.

Flag question: Question 27

Question 27

2pts

A(n) __________is a non-trespassory invasion of another's interest in the private use and enjoyment of land.

Group of answer choices

trespass to real property

nuisance

interference with contractual relations

fraudulent misrepresentation

Flag question: Question 28

Question 28

2pts

Sally, while walking in a park, got hit on the head with a baseball. The ball was thrown at her by Aaron who intended to hit her to show off in front of his friends. She may recover damages for:

Group of answer choices

bodily harm.

emotional distress.

reasonable medical expenses.

All of the choices are correct.

Flag question: Question 29

Question 29

2pts

Hal doesn't like his co-worker Bradley.At a cocktail party, Hal spreads untrue rumors about Bradley's personal lifestyle and sexual practices. If these rumors harm Bradley's reputation in the community:

Group of answer choices

Hal is guilty of libel.

Hal is guilty of slander.

Bradley does not have a defamation suit against Hal because it was at a party, not at work.

Hal is protected by the First Amendment to the Constitution.

Flag question: Question 30

Question 30

2pts

Mark is out sailing in his boat one evening when he hears a young girl crying for help in the lake. Which of the following is true?

Group of answer choices

Mark MUST help the girl or he will be liable for negligence.

Mark must help the girl ONLY if he knows her.

Mark MUST help the girl if he is the girl's uncle.

Mark MUST help the girl if he begins to rescue her and moves her to a position farther from the shore.

Flag question: Question 31

Question 31

2pts

Which of the following is/are considered in determining the application of the reasonable person standard?

Group of answer choices

Physical disability.

Superior skill or knowledge.

Emergency circumstances.

All of the choices are considered.

Flag question: Question 32

Question 32

2pts

The hotel has a large glass front door, which is well lighted and plainly visible. Phoebe, mistook the glass for an open doorway and walked into it, shattering the door and injuring herself. The hotel:

Group of answer choices

is strictly liable to Phoebe.

is not liable to Phoebe.

is liable under res ipsa loquitur.

has no duty to Phoebe.

Flag question: Question 33

Question 33

2pts

Which practice(s) contribute(s) to reduced risk of liability in alcohol sales?

Group of answer choices

Encouraging responsible drinking in marketing and advertising

Posting signs of the bar's willingness to drive patrons home

Encouraging groups of customers to select a designated driver

All of the choices are correct.

Flag question: Question 34

Question 34

2pts

Jack's boss, Nancy, held a party at a hotel. Jack had several drinks, some paid for by Nancy. Jack later drove home and got into an accident, killing two people in the other car. Who was held liable?

Group of answer choices

Nancy

The hotel

The two people in the other car

All of the choices are correct.

Flag question: Question 35

Question 35

2pts

Which of the following is not one of the elements a plaintiff in a negligence case must prove?

Group of answer choices

The existence of a duty owed by the defendant to the plaintiff

A breach of duty to act reasonably

The financial circumstances of the defendant

Plaintiff suffered an injury as a result of defendant's negligence

Flag question: Question 36

Question 36

2pts

A restaurant patron was injured when she fell on icy steps. The steps did not have a railing. Had a railing been present, the patron could have stopped her fall. The local laws applicable to buildings mandated that all steps have railings on both sides.Which of the following will apply in this case?

Group of answer choices

Negligence per se doctrine

Res ipsa loquitur

Contributory negligence

Attractive nuisance

Flag question: Question 37

Question 37

2pts

A waitress at a restaurant, while checking on her tables, observed a diner choking. Is the waitress legally obligated to aid the choking diner?

Group of answer choices

No, and if she does and is negligent, the restaurant will not be liable.

Yes, and if she does not, the restaurant will be liable.

No, but if she does and is negligent, the restaurant will be liable.

Yes, and if she does, the restaurant will not be liable even if the waitress is grossly negligent.

Flag question: Question 38

Question 38

2pts

Which of the following is a risk that is assumed?

Group of answer choices

The risk that a person playing tennis will be hit by a ball in play

The risk that a person playing racquetball may fall in a hole on the court

The risk that a ski trail will have a small bush on it

The risk that a paddleboat at a hotel has a hole in it, causing the boat to slowly sink

Flag question: Question 39

Question 39

2pts

Heather, a guest at a hotel, was injured when she caught her foot in a hole in the pavement on an outdoor tennis court operated by the hotel. Which of the following is true concerning the hotel's liability?

Group of answer choices

The hotel will not be liable because Heather assumed the risk.

The hotel will not be liable because the injury did not occur inside the building that houses the guest rooms.

The hotel will be liable because it was negligent for failing to repair the hole or alert guests of its presence.

The hotel will be liable because the assumption of risk doctrine does not apply to sporting events.

Flag question: Question 40

Question 40

2pts

The Parkside Hotel took many precautions to protect the guests in case of fire. However, it failed to provide fire escapes as required by statute. The liability of the hotel in this case will be based upon:

Group of answer choices

Negligence

Foreseeability

Negligence per se

Assault

Flag question: Question 41

Question 41

2pts

A resort hotel rented bicycles by the day to its guests. Each morning before the bikes were rented out, and each night after they were returned, hotel personnel tested the bikes to be sure the horn, brakes, and other mechanisms were working properly. Once a week, each bike was thoroughly inspected and given a tune-up. While a guest was using one of the bikes, the brakes malfunctioned and the guest suffered an accident. Is the hotel liable for the injuries?

Group of answer choices

Yes, the hotel is negligent.

Yes, the hotel is an ensurer of guests' safety.

No, the hotel is not negligent under the circumstances.

No, a hotel is not liable when its sporting equipment malfunctions.

Flag question: Question 42

Question 42

2pts

Robert was staying in a hotel room that did not have a full-length mirror. It did have a large mirror above the dresser in which he could see himself from the waist up. After he dressed to go out one evening, he wanted to check how his pants looked. To see himself, he stood on the end of the bed, which was across from the mirror. The bed collapsed, throwing Robert onto the floor and causing him injuries. Is the hotel liable to Robert?

Group of answer choices

Yes, it should have foreseen this type of misuse of the bed.

Yes, a hotel is an ensurer of its guests' safety.

No, this type of injury was not foreseeable.

No, Robert assumed the risk.

Flag question: Question 43

Question 43

2pts

Concerning mirrors, it can easily be inferred that hotels have a legal duty to:

Group of answer choices

Ensure they are always clean

Ensure they are placed in lighted areas

Ensure they remain securely attached to the wall

Install at least two in each guest room

Flag question: Question 44

Question 44

2pts

A self-service elevator malfunctioned, causing a guest's injury.The problem was a hidden defect caused by manufacturer error. Who is liable for the guest's injuries?

Group of answer choices

The hotel

The hotel and the company hired by the hotel to maintain the elevator

The manufacturer

The manufacturer and the company hired by the hotel to maintain the elevator

Flag question: Question 45

Question 45

2pts

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?

Group of answer choices

Nothing, the hotel was not negligent in this situation.

Only money for the injuries that a person who had not had recent surgery would have sustained.

Full compensation for her injuries.

Out-of-pocket damages, but not compensation for pain and suffering.

Flag question: Question 46

Question 46

2pts

Caitlin's room was on the ninth floor of a hotel. One night she wanted some exercise, so she walked to her room rather than take the elevator. The stairs on one of the upper floors were cluttered with housekeeping supplies. Caitlin tried unsuccessfully to avoid them and fell, hurting herself. She sued the hotel for injuries. Which of the following is a true statement?

Group of answer choices

Caitlin will be treated as negligent for failing to take the elevator to the ninth floor.

The hotel was negligent for failing to require that guests take the elevator.

a)The hotel was negligent for leaving clutter on the stairs.

Since the clutter was on an upper flight of stairs, the hotel could not be expected to foresee that guests would walk up that far and so was not negligent.

Flag question: Question 47

Question 47

2pts

In what room of a hotel does an innkeeper not have a duty to exercise reasonable care?

Group of answer choices

Card room

Public bathrooms

Meeting rooms

a)None; the innkeeper's duty applies to all rooms of the hotel

Flag question: Question 48

Question 48

2pts

The door to a hotel elevator shaft was left open while the elevator was undergoing repairs. No warning signs were placed near or around the elevator. A guest fell into the shaft and was injured. Which of the following correctly describes the hotel's liability?

Group of answer choices

The hotel will be liable.

There is no negligence on the part of the hotel, and therefore it will not be held liable.

The hotel will not be liable because the guest assumed the risk.

The hotel will not be liable because the guest is contributorily negligent.

Flag question: Question 49

Question 49

2pts

Most states prohibit alcohol sales to all but which of the following?

Group of answer choices

People with heart conditions

People under age 21

People who are habitual drunkards

People who are visibly intoxicated

Flag question: Question 50

Question 50

2pts

Famousosoty, a celebrity held a Birthday bash at the Highlife, an expensive upscale restaurant and bar.Little H, who was intoxicated left the party with a few friends and attempted to drive home.Little H crashed into another car, killing himself and the other driver.A passenger of the other car was severely injured.Would Highlife be held liable for the deaths and injuries since the party was at its venue, it sold alcohol, and it was foreseeable that guests could become intoxicated and cause injuries to others?

Group of answer choices

Yes, because owner of places that sell alcohol encourage use of alcohol and must be held accountable.

Yes because Celebrity Birthday bashes where alcohol is served are inherently dangerous and Highlife should have known the consequences and protected Little H and others from foreseeable injuries.

Yes, if Highlife employees knew that Little H was too incapacitated to drive and failed to take reasonable actions to protect Little H and others from foreseeable injuries.

No, because there is no duty to monitor any party goers consumption of alcohol.