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RHM 421 > final review > Flashcards

final review Flashcards

1
Q

which document is the supreme law of the land and organic source of law in the USA

A

US constitution

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2
Q

which court is the trial court in the alabama court system

A

circuit court

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3
Q

which court is the trial court in the federal court system

A

US district court

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4
Q

which of the following types of rules are put forth by a government agency (bureau, dept., office) as they carry out their function of administration of a statue?

A

regulations

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5
Q

tort law

A

a private or civil wrong or injury (other than contract breach) for which the court will provide a remedy in the form of an action for damages

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6
Q

intentional torts

A

personal injuries arising out of actions which were taken with intent
- ex. assault (fear of imminent battery) & battery (form of un-consented touching)

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7
Q

unintentional tort

A

aka negligence: personal injuries arising out of actions taken negligently

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8
Q

negligence torts: what must be proven

A
  • duty
  • breach
  • proximate cause
  • injury
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9
Q

which of the following alabama statutes governs the amount of time in which the plaintiff has to file a lawsuit

A

statute of limitations

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10
Q

a deposition is

A

a sworn testimony before a court reporter

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11
Q

cross examination uses

A

leading questions

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12
Q

which party has the burden of proof in a civil case

A

the plaintiff

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13
Q

which of the following is the burden of proof in a civil case

A

a preponderance of evidence

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14
Q

elements of a valid contract

A
  • competency of parties
  • legal subject matter
  • mutuality of obligation
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15
Q

statute of frauds

A

which alabama statute provides that certain types of contracts must be in writing in order to be enforceable

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16
Q

contract remedy of specific performance is

A

making the defendant do what the contract says

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17
Q

term

A

the set time when a contract is in effect

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18
Q

indemnification

A

a provision in a contract that states that one party will pay damages to someone (on behalf of the other party to the contract) if that third person is harmed in the performance of a contract

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19
Q

a tort is

A

a personal injury

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20
Q

ex. of intentional tort

A

bouncer in a bar pushing a patron out of the door

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21
Q

elements of negligence

A

breach, duty, injury

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22
Q

products liability issue ex.

A

a broken glass in a can of vegetables

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23
Q

premises liability is

A

liability arising out of the ownership and/or control of real estate (real property)

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24
Q

individual with the highest degree of cared owed to under premises liability is

A

an invitee

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25
Q

respondiat superior

A

the employer answers for the employee

  • actual, implied and apparent authority
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26
Q

uniform commercial code requires which of the following warranties regarding food that is sold to the public

A

food is wholesome and fit for human consumption

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27
Q

the alabama agency which issues regulations on purchasing, preparing and serving food is

A

AL Dept. of Public Health

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28
Q

AL law provides that certain actions be taken by holders of liquor license are unlawful and will cause the loss of the license one of these includes

A

failure to keep required records

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29
Q

minimum age to serve liquor in AL

A

19

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30
Q

right of assignment

A

will it be possible for either or one of the parties to the contract to give over (assign) their rights and responsibilities in a contract to another party? (a sub lease) if it can be done, does the other party have to agree to it or not?

31
Q

What service is a guest entitled to expect from a place of lodging?

A

a reasonable safe and secure environment

32
Q

Which hotel activity constitutes a bailment?

A

valet parking

33
Q

ADA - americans with disabilities act

A

federal law that requires that barriers to full enjoyment by all people of the premises be removed in places of public accommodations (unless they are of historical significance)

34
Q

protected classes under the Civil Rights Act of 1964

A
  • race, national origin, religion, color, sex (NOT age)
35
Q

Civil Rights Act of 1964

A

regulated by the EEOC (equal employment opportunity commission); establishes protected classes that can’t be discriminated against

36
Q

hotels can enter rooms incase of

A

housekeeping, routine maintenance, emergencies, NOT inspection

37
Q

Fair Labor Standards Act

A
  • when determining whether an employee is subject to receive overtime pay or is exempt from it, reference this statute
  • purpose to protect young workers from employment that might interfere w education or health
38
Q

The Family Medical Leave Act

A

eligible employees can take up to 12 weeks of unpaid job protected leave each year for specified family and medical reasons
(ex. caring for mother w/ cancer NOT an uncle diagnosed w dementia)

39
Q

employee polygraph protection act

A

employers cannot require request or ask employees to submit a polygraph or make results of the polygraph the basis of decisions for employment UNLESS there is an investigation involving economic loss where the employee had access to the property and is reasonably suspicious

40
Q

Immigration reform and control act

A

requires that employer must have documentation of employees identity and authority to work

41
Q

ADA protects people with a physical or mental impairment that

A

affects or limits a major life activity

42
Q

Age discrimination in employment act protects

A

ppl over the age of 40 from being discriminated against unless age is a bonafide occupational qualification

43
Q

hostile environment

A

sexual harassment that is created through language or conduct causing an intimidating or uncomfortable workplace

44
Q

quid pro quo

A

sexual harassment occurring when a supervisor requires favors in exchange for workplace benefits

45
Q

The duty that employers have under the osha is:

A

to furnish to each employee a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious injury to employees

46
Q

The OSHA standard that requires employers to identify and label dangerous chemicals in the workplace and educate employees about them is:

A

the hazard communication standard

47
Q

The OSHA blood borne pathogene standard requires employers to take action when an employee has been exposed to?

A

bodily fluids

48
Q

duty

A

type of relationship between parties that cause them to be careful toward each other

49
Q

5 elements for Harassment policy

A
  • use reasonable care to prevent and promptly correct harassing behavior
  • the accusing employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by employer
  • has an affirmative duty for training, monitoring, inspection or discipline
  • have a policy for reporting and investigation, and response, and must adequately communicate the policy
  • enforced by EEOC
50
Q

NLRA national relations labor act

A

to protect the rights of workers to organize and to begin to bargain collectively with their employers or to refrain from such activity

51
Q

workers compensation

A

provides payments to workers and/or their families in the event of an on-the-job injury to the employee or death of the employee - controlled by state law

-provides payments to workers who are injured rather than worker having to sue under tort law

52
Q

franchise

A

a contract between a parent company (franchisor) and an operating company (franchisee) to allow the franchisee to run a business with the brand name of the parent company, so long as the terms of the contract concerning methods of operation are followed

53
Q

for a situation to be compensable under workers comp it must have occurred

A

within the course and scope of the job

54
Q

AL right to work statute provides that

A

a pereson does not have to be a member of a union to work at a place even if it’s unionized

55
Q

which of the following is not an unfair labor practice by an employer under the NLRA

A

posting flyers explaining why union membership is not needed

56
Q

collective bargaining is

A

when union representatives meet with employer representatives to work out details wages and benefits

57
Q

the unemployment comp insurance prorgam/payment/unemployment

A

payments made by authorized bodies to unemployed people, who are unemployed for qualified reasons

58
Q

how unemployment comp works

A

imposes costs, by taxation, to employers to maintain a pool of funds to pay employees who have temporarily lost their jobs for a qualified reason

59
Q

NLRB (national labor relations board)

A
  • to conduct secret ballot elections that will permit employees to decide if they want union
  • to prevent and remedy unfair labor practices
60
Q

collective bargaining agreement

A

a formal contract between an employer and a group of employees that establishes the rights and responsibilities of both parties in their employment relationship

61
Q

property

A

intellectual: personal property that has been created thru the intellectual efforts of its original owner - intangible

real estate: is tangible physical property

62
Q

trademarks

A

word, name, symbol or combo of these that indicates the source or producer of an item

assists the public in identifying trustworthy brands and avoid misconceptions

63
Q

copy rights

A

legal and exclusive right to copy or reproduce intellectual property and to benefit from the use of intellectual property

64
Q

patents

A

a grant issued by a governmental entity ensuring an inventor the right to exclusive production and sale of an invention for a fixed period of time (17 yrs in US)

65
Q

licensing

A

when somebody uses someone else’s intellectual property

66
Q

infringement

A

to use copyrighted material without a proper license

67
Q

royalty

A

paying somebody for the use of their intellectual property (ASCAP, BMI, SESAC)

68
Q

what is not part of franchisee agreement

A

for the operating company to inspect the financial records of the parent company (franchisor)

68
Q

Franchise rule by FTC requires

A

evidence of a reasonable basis to support earnings claims

69
Q

the federal tax which supports the social security program is the

A

federal insurance contribution act tax

70
Q

a tax in which hospitality businesses are required to act as tax collectors for is the

A

local sales tax

71
Q

a tax that affects lower income citizens more than high income citizens is

A

regressive

(progressive falls harder on wealthier citizens such as income tax)

72
Q

Q’s for business form

A

*reference chart
- Who owns it?
- Who Runs it?
- Who is Liable?
- advantages/disadvantages

RHM 421 (3 decks)

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