HAMG 1340 Midterm Hospitality Legal Issues Flashcards
- What is the best definition of Litigation?
The act of initiating and carrying out a lawsuit
- What is the best definition of Civil Law?
A body of law created by government entities that are concerned with private rights and remedies as opposed to criminal matters.
- Where does the body of law known as Common Law descend from?
The Law of Great Britain
- The “S” in STEM stand for?
Selection of the correct employee for the job
- What does “Ethics” mean?
The behavior of an individual toward another individual or group
- Are Sixty to seventy percent of management decisions made on a daily basis have some type of legal dimension?
T - True
- As long as a manager has a good knowledge of the law, is it not very important to be concerned with attempting to prevent legal situations from arising?
F- False
- Is the hospitality industry is regulated by federal, state, and local government entities?
T - True
- When dealing with the Internal Revenue Service, do hospitality managers have the role of both taxpayer and tax collector?
T - True
- Does the IRS consider tips and gratuities given to employees by guests as taxable income?
F - False
- Is OSHA is concerned with safe and healthy working conditions?
T - True
- Do hospitality managers have the right to accompany OSHA compliance officers during an inspection?
F - False
- Does the EEOC only prohibit age discrimination officers for those who are 40 years of age or older?
T - True
- Does the Title VII of the Civil Rights Act of 1964?
A. Prohibits employers from discriminating against individuals because of their race / national origin.
B. Requires employees to reasonably accommodate the religious practices of an employee.
C. Requires investigations of complaints by employees who think they have been discriminated against.
D. All of the above
- Does a limited partnership, the limited partner has unlimited liability?
F - False
- Is a sole proprietorship is the most complex of all organizational structures?
F - False
- With a “C” corporation is the company liable for taxes on the corporation’s profits and shareholders are liable for taxes?
T - True
- Does the conduct of individual employees have a direct effect on the liability of a business?
T - True
- Are all tying arrangements are illegal?
F - False
- Which organizational structure is least desirable from a liability perspective?
General Partnership
- A type of business entity that offers liability protection to all owners and is exempt from taxation on its profits is…?
S Corporation
- Does a contract have to be in writing to be enforceable by the courts?
F - False
- Does a valid contract needs consideration flowing to both parties?
T - True
- It is the responsibility of the courts to decide the relative fairness of consideration.
F - False
- Acceptance of an offer must mirror exactly the terms of the offer in order for the acceptance to make the contract valid.
T - True
- The UCC is the acronym for the law regulating purchasing agreements, which gives protection to buyers, sellers, and financial lenders when goods are purchased under contract.
T - True
- “Consideration” in the hospitality industry is often related to …?
$$ money, use of property, the promise to act or not act
- The best way for a hotelier to indicate acceptance of an offer is which?
Agree to the offer in writing
- Fee/fees that is/are ordinarily paid by the franchisee to the franchisor?
Franchise application fee, Earning percentage (royalty fee), and Advertising participation (marketing fee)
- The exculpatory clause, seeks to put blame on, the hospitality operator in certain situations.
F - False
- Indemnification means to make one whole; to reimburse for a loss already incurred.
T - True
- Which of the following is a major element of management agreements:
A. Incentives fees earned or penalties assessed related to operating performance
B. Insurance requirements of the management company (who must carry the insurance and how much)
C. The control, if any, that the owner has in the selection or removal of the business’s management personnel.
D. All of the above.
- A Management agreement is a legal agreement that defines the responsibilities of a business owner and the management company that has chosen to operate the owner’s business.
T - True
- One of the most important components of conference services contracts is the language used to establish and assign responsibility for the group’s ______.
Master Bill
- Personal property could be considered all property that is not real property.
T - True
- Using a copyrighted work for teaching or research is normally not an infringement of copyright.
T - True
- Chattel is considered real property.
F - False
- Money, stocks, and interests in securities are examples of intangible property.
T - True
- Regarding personal property, ownership is generally assumed by its possession, and it is not customary for the seller to prove their ownership rights.
T - True
- A grant issued by a government entity ensuring an inventor the right to exclusive production and sale of their invention is a?
Patent
- The procedure, that a lessor uses to remove a lessee from physical possession of the leased real property, usually for violation of a significant lease provision, is called?
Eviction
- The Fair Labor Standards Act protects young workers from employment that might interfere with their educational opportunities.
T - True
- It is not the best practice for a human resource manager while conduct an interview, to ask if the candidate has a criminal record.
F - False
- It is legal for the company to search a locker assigned to personnel, either randomly, or with suspicion of inappropriate conduct.
T - True
- It is critical to show each component of the qualifications required to fulfill a particular job description.
T - True
- Candidates who smoke are protected from habit-based discrimination when applying for a job
F - False
- What would ordinarily be classified as “Bona Fide Occupational Qualification?
Education, modification, and Licensing
- Which two perspectives does the job description serve?
Operational and Legal
- What is considered “applicant screening?”
Interview, Testing, and Background Check
- Is it illegal for the interview of a company to ask the person’s religion to find out if they need to take “special days” off from work?
T - True