Please answer these questions! You don't have to write, just answer A,B,C or D
.nl Sprint so 11:02 AM @ >B 86% EM 9 saddleback.blackboard.com 10. Which one of the following government regulatory agencies is the one restaurants deal with most often on food sanitation and safety issues? 3. Dept. of Agriculture b. Food and Drug Administration C. State or Local Health Dept. d. Center for Disease Control 11. Which one of the following is the simplest form for establishing a business? a. Partnership b. Sole proprietorship C. C corporation d. LLC 12. Which one of the following business forms is a type of partnership that allows a partner to invest in a business, but still have limited personal liability for the debts of the business? a. There is no business form like this b. Limited partnership 0. General partnership 0!. S Corporation 13. Joe is an ACME Co. employee. One day, Joe's boss at ACME directed Joe to take Joe's personal car to the ofce store to pick up ofce supplies for ACME (ACME reimbursed Joe for his mileage and expenses). On the way to the ofce store, Joe negligently drove his car and hit Alice's car, damaging it and injuring Alice. Alice sued Joe and ACME for her damages. Which one of the following statements about ACME 's possible legal liability for Alice 's damages is true? a. ACME cannot be liable for these damages because Joe was driving his own car. b. ACME cannot be liable for these damages because it did nothing wrong (was not negligent) C. ACME could be liable for these damages, but only if it acted illegally in directing Joe to use his car to go to the office store d. ACME is liable for these damages because Joe was in the course and scope of his employment when he caused them .nl Sprint so 11:02 AM @ >B 86% EM 9 saddleback.blackboard.com pI'CVlOUS dCCISIOI'lS 5. Which one of the following statements about Codes of Professional Ethics is true? a. They usually dene both what is legal and ethical in a profession b. They usually dene what is legal in a profession but not what is ethical C. They usually dene what is ethical in a profession but not what is legal d. They usually dene neither what is legal or ethical in a profession. 6. Government regulatory agencies set standards that businesses must meet by issuing which one of the following? 3. Laws b. Statutes C. Cases d. Regulations 7. Which one of the following correctly states the government's ability to tax income earned by individuals and businesses? a. The government has no right to tax incomes of individuals or businesses b. The government has the right to tax incomes of individuals and businesses but has chosen not to do so C. The government has the right to tax, and does tax, income of individuals and businesses d. The government is required to take 50 percent of all individual and business income in taxes 8. Paul is a waiter at a local restaurant. The restaurant pays him an hourly wage and he receives substantial tips from customers. Which one of the following statements about any legal requirement Paul may have to pay income tax on the money he receives at work is true? a. Both Paul's hourly wage and his tips are income and are subject to the income tax b. Paul's hourly wages are considered income, subject to income tax, but his tips are not C. Paul's hourly wages are considered income, subject to income tax, but he only has a legal obligation to pay .nl Sprint 36 11:02 AM @ >B 86% EM 9 saddleback.blackboard.com 8. Paul is a waiter at a local restaurant. The restaurant pays him an hourly wage and he receives substantial tips from customers. Which one of the following statements about any legal requirement Paul may have to pay income tax on the money he receives at work is true? 3. Both Paul's hourly wage and his tips are income and are subject to the income tax b. Paul's hourly wages are considered income, subject to income tax, but his tips are not c. Paul's hourly wages are considered income, subject to income tax, but he only has a legal obligation to pay income tax on his tips if the IRS nds out about them d. Neither Paul's hourly wages nor his tips are considered income and he has no income tax obligation regarding these earnings 9. Jane is an employee at ACME Hotel Co. She believes that her employer has engaged in improper employment discrimination against her, based on her race and gender. Which one of the following federal government agencies would be the most appropriate for Jane to contact to report her claim of her unfair treatment at work? a. EEOC b. OSHA C. Dept. of Labor d. Workers Compensation Board 10. Which one of the following government regulatory agencies is the one restaurants deal with most often on food sanitation and safety issues? a. Dept. of Agriculture b. Food and Drug Administration 0. State or Local Health Dept. d. Center for Disease Control 11. Which one of the following is the simplest form for establishing a business? a. Partnership b. Sole proprietorship .nl Sprint 36 11:02 AM @ >B 86% EM 9 saddleback.blackboard.com SADDLEBACK COLLEGE DIVISION OF TECHNOLOGY AND APPLED SCIENCE EN 157: HOSPITALITY LAW Midterm Exam 1. Which type of legal system is the most common across the United States? a. Civil Law b. Court law c. Common law d. Demonstrative law 2. Which one of the following statements correctly states the relevance of the concept of preventive law to hospitality professionals? a. This concept has no relevance to hospitality professionals b. This concept states that hospitality professionals should ignore legal problems 0. This concept states that hospitality professionals should not react to legal problems d. This concept states that hospitality professionals should try to anticipate and, if possible, solve legal problems before they become larger 3. Which one of the following is the \"highest\" source of law in the United States? . The US. Constitution . Federal statutes, enacted by Congress State laws . Regulations of government regulatory agencies apc'n: L . Which one of the following is a statute? a. A rule enacted by a government regulatory agency b. A law, enacted by Congress or the state legislature (unless it is vetoed) C. A court ruling d. A legal doctrine that requires judges to follow previous decisions .nl Sprint so 11:02 AM @ >B 86% EM 9 saddleback.blackboard.com 14. Assume the same facts as in question # 13. Joe is which one of the following? 3. Agent b. Principal 0. Independent contractor d. Franchisee 15. Which one of the following is a legally enforceable agreement between two or more parties? a. Tort b. Contract C. Property d. Offer Questions 16-20 are based on the following facts: Paul and Bill (both 25-years-old) were friends. One day at a party, after consuming a beer, Paul went over to Bill and said: If you give me a Check for $5,000 by the end of the day today, I will sell you my car and I'll sign over the title to you today. \" Bill was surprised, because Paul 13' car was new, but Bill said \"okay. \" Four hours laterbefore the end of the dayBill returned to the party with a $5, 000 check made out to Paul, presented the check to Paul, and demanded that Paul sign over Paul's car to Bill and give him the keys. Paul responded: "Are you crazyI was just kidding, \" and refused to sell his car to Bill. [Assume for these questions that state law does not require that contracts for the sale of carsiwhatever the amountibe in writing]. 16. Which one of the following regarding Paul's initial statement to Bill (\"If you give me a check for $5,000 by the end of the day today, you can have my car and I'll sign over the title to you today\") is true? a. It had no legal effect b. It was an offer C. It was an acceptance d. It was a contract 17. Bill's act of presenting the check to Paul and demanding that Paul sign over the car to Bill was which one of the following? a. A statement of no legal effect b. A preliminary negotiation r- An n'FF-ar .qu Sprint so 11:03 AM @ >B 86% EM 9 saddleback.blackboard.com 24. Which one of the following correctly summarizes the legal liability of landlords for injuries that occur on premises that they lease to others? a. Landlords are legally liable for these injuries b. Landlords are only legally liable for these injuries if they cause them intentionally c. Landlords are generally legally liable for these injuries only if they were negligent in causing the injuries d. Landlords are not legally liable for these injuries 25. Joe was injured on his job for ACME C0. Which one of the following would provide compensation for Joe's medical expenses and lost wages due to his workplace injury? a. Joe is not entitled to compensation b. Workers compensation system C. Fair Labor Standards Act (FLSA) d. Americans With Disabilities Act (ADA) 26. Which one of the following statutes is the primary statute prohibiting discrimination in employment based on several protected classes? a. Workers compensation system b. National Labor Relations Act (NLRA) C. Title VII of the Civil Rights Act of 1964 (as amended) d. Employment Discrimination Prevention Act (EDPA) 27. Which one of the following statements about the employment at will doctrine is true? a. It is the law in all states and it gives complete freedom to employers to hire and re workers as they see t b. It is still the law in many states, but is new subject to several exceptions C. It has been declared unconstitutional and abolished d. It prohibits employers from ring employees 28. ACME terminated the employment of Jane, one of ACME's employees, who had a disability. Which one of the following statements about ACME's decision regarding Jane is true? a. ACME'S ring of Jane was prohibited by the ADA b. ACME'S ring of Jane was improper if it were due to Jane disability and ACME could have reasonably nonnmmnd Q'l'P T911 P .qu Sprint so 11:03 AM @ >B 86% EM 9 saddleback.b|ackboard.com mfgWyn 28. ACME terminated the employment of Jane, one of ACME's employees, who had a disability Which one of the following statements about ACME's decision regarding Jane is true? a. ACME's ring of Jane was prohibited by the ADA b. ACME's ring of Jane was improper if it were due to Jane disability and ACME could have reasonably accommodated Jane c. ACME's ring of Jane was proper if she in fact had a disability d. ACME'S ring of Jane was proper because of the employment at will doctrine 29. Employers may have hiring practices that support an essential aspect or quality of the business, even if they might otherwise be discriminatory, e.g., hire only Christians for a job as Christian minister, hire only men as male locker room attendants, under which one of the following legal doctrines? 8. Employment at will b. Bona de occupational qualications (BFOQ) C. Americans With Disabilities Act (ADA) d. There is no legal doctrine that would support this 30. Which one of the following is typically dened as a civil legal wrong, other than breach of contract? a. Crime b. Property C. Battery d. Tort 31. Which one of the following tort law causes of action arises from unintentional conduct? a. Battery b. Assault 0. False imprisonment d. Negligence 32. At a town meeting, Joe told all attendees that Paul (who was running for Mayor of the town) \"was a criminal and had stolen money from mlllnln nmnlnvnI-e in his lift: \" Thin cfnfnmnnf .qu Sprint so 11:03 AM @ >B 86% EM 9 saddleback.blackboard.com 20. In this example, Paul's car and the $5,000 check presented to Paul by Bill are which one of the following elements of a contract? a. Value b. Consideration c. Offer d. Acceptance 21. Which one of the following is land and anything permanently attached to it? a. Consideration b. Personal Property 0. Real property d. Intellectual property 22. Which one of the following is the major legal protection extended to authors that protects provides them with legal protection against others who reproduce their work without their permission? a. Patent b. Trademark C. Copyright d. Trade secret 23. ACME Co. has developed a design that it wants to use as the logo to identify its business. ACME wants to have the exclusive rights to use this logo as its business identier. ACME 's logo would best be protected under which one of the following areas of property law? a. Patent b. Trademark C. Copyright d. Bailment 24. Which one of the following correctly summarizes the legal liability of landlords for injuries that occur on premises that they lease to others? a. Landlords are legally liable for these injuries b. Landlords are only legally liable for these injuries if they cause them intentionally c. Landlords are generally legally liable for these injuries ---1_. :fLL --. --...__.,. n-,_1.'._..._-4. -._ -____._--._ 4.1-- -..-___....... .qu Sprint so 11:03 AM @ >3 86% EM 9 saddleback.blackboard.com d. There is no legal doctrine that would support this 30. Which one of the following is typically dened as a civil legal wrong, other than breach of contract? a. Crime b. Property C. Battery d. Tort 31. Which one of the following tort law causes of action arises from unintentional conduct? a. Battery b. Assault C. False imprisonment d. Negligence 32. At a town meeting, Joe told all attendees that Paul (who was running for Mayor of the town) \"was a criminal and had stolen money from multiple employers in his life.\" This statement, although true and a matter of public record, severely damaged Paul's reputation. Which one of the following statement about possible legal actions that Paul may have against Joe is true? a. Paul has no valid legal action against Joe under these circumstances b. Paul has a valid legal action against Joe for slander under these circumstances C. Paul has a valid legal action against Joe for libel under these circumstances d. Paul has a valid legal action against Joe for invasion of privacy 33. Which one of the following is necessary for a court to exercise authority over a dispute? a. Law b. Stare decisis C. Jurisdiction d. Tort .nl Sprint 3G 11:03 AM @ >B 86% EM 9 saddleback.blackboard.com 16. Which one of the following regarding Paul's initial statement to Bill (\"If you give me a check for $5,000 by the end of the day today, you can have my car and I'll sign over the title to you today\") is true? a. It had no legal effect b. It was an offer 0. It was an acceptance d. It was a contract 17. Bill's act of presenting the check to Paul and demanding that Paul sign over the car to Bill was which one of the following? a. A statement of no legal effect b. A preliminary negotiation C. An offer (:1. An acceptance 18. Which one of the following statements about the eect of Paul having had consumed a beer when he made his initial statement is true? a. Paul could not have formed a legally binding contract b. Paul was intoxicated which is a complete defense to having formed a contract C. Paul lacked legal capacity to form a contract but would still be obligated to sell his car to Bill d. It was probably irrelevantone beer does not typically cause one to be legally intoxicated and Paul would have to prove it did for him to have lacked capacity 19. Was there a legally binding contract for the sale of Paul's car under these circumstances? a. Yesall the elements of a valid contract were met and there was no valid defense to a contract having been formed b. Yesa contract was formed as soon as Paul made his initial statement to Bill c. Nobecause Paul lacked capacity to enter into a contract d. Nobecause Paul said he was only kidding 20. In this example, Paul's car and the $5,000 check