Hospitality Law - Ch 1-4

The purpose of this rule is to protect written contracts from modifications by alleged oral agreements made prior to signing.

parol evidence rule

In a criminal case, who pays for the plaintiff's attorney?

The government

A jurisdiction of a court is determined by which of the following?

The legislature

The ADA requires restaurants to undertake removal of barriers where the removal is _________________?

readily achievable

In the case citation 786 P.2d 435 (1987), what does the number 435 indicate?

The page on which the case is located.

Which of the following documents directs the defendant to appear in the lawsuit and defend the allegations made against him?

The summons

The court with the authority to hear cases involving wills.

Surrogate's court

True or False: A case titled Boris Napow v. Jerry Cribo is a civil case.

True

True or False: A restaurant located inside a hotel is covered by the Civil Rights Act of 1964.

True

True or False: Before the advent of civil rights laws, a restaurant owner could refuse to serve any person (including black people and minorities) without violating the law.

True

True or False: Common law can be modified by statute.

True

True or False: Law consists of rules enforceable in court that require people to meet certain standards of conduct.

True

True or False: One of the influencers on hospitality law was the poor reputation attributed to innkeepers in 14th & 15th century England.

True

True or False: The Americans with Disabilities Act requires that a hotel install flashing-light fire alarms to accommodate deaf guests, unless such installation would result in an undue burden.

True

True or False: The actions of hospitality managers can influence the possibility of a business or the manager becoming the subject of litigation.

True

True or False: The more selective a club is, the more likely it is to qualify as private.

True

True or False: The plaintiff presents its case-in-chief before the defendant presents its case-in-chief.

True

The process by which a jury is selected.

Voire dire

Which of the following prohibits discrimination based on marital status? a) The Civil Rights Act of 1964 b) State civil rights laws c) The Americans with Disabilities Act d) The Fourteenth Amendment to the Constitution

b) State civil rights laws

Which of the following is the party who initiates an appeal? a) Appellant b) Appellee c) Plaintiff d) Defendant

a) Appellant

Which of the following involves an intention to mislead? a) Fraud b) Innocent misrepresentation c) Mistake d) Breach of contract

a) Fraud

Mutuality is established by an offer and an _______________.

acceptance

A remedy allowed under the Civil Rights Act of 1964 that is intended to encourage plaintiffs to sue.

attorney's fees

Which of the following is not a contract? A restaurant purchases a month's supply of condiments from a supplier and pays the agreed price. A hotel delivers newspapers to its guests' rooms at no charge. A snowplower agrees to plow a restaurant's parking lot in exchange for free meals. A hotel hires a banquet manager at an agreed salary.

A hotel delivers newspapers to its guests' rooms at no charge.

Which of the following has contractual capacity? A person age 17 A mentally incompetent person A very intoxicated person A person ill with the flu

A person ill with the flu

Who has the authority to review the handling and decision of a case tried in a lower court?

Appellate courts

Which of the following is not an alternative dispute resolution mechanism? Arbitration Summary trial Bench trial Mediation

Bench trial

Name the term: An interpretation of the law applied by a judge to a set of facts in a given case.

Case decision

Based on stare decisis, a judge will decide a case by reviewing prior...

Case decisions

Name the term: That part of a trial where each party presents his evidence.

Case-in-chief

These are the personal rights that derive primarily from the Constitution, such as free speech, freedom of contract, and privacy.

Civil Rights

The document that commences a lawsuit.

Complaint

Agreements between two or more parties that are enforceable in court.

Contracts

If the defendant includes THIS in the answer, the plaintiff must file a reply.

Counterclaim

What are the 2 main possible remedies for breach of contract?

Damages & Specific Performance (p.103-110)

In every lawsuit, the plaintiff must prove three things. Which of the following is not one of them?

Defendant was negligent

Which of the following is not outlawed by the Civil Rights Act of 1964? Discrimination based on religion Discrimination based on gender Discrimination based on national origin Discrimination based on color

Discrimination based on gender

What is the resolution of a dispute without a trial?

Settlement

Jan made reservations at a hotel for three nights and paid a deposit of one night's charge. Due to family illness, she was forced to cancel the reservations. The hotel was able to rent the room to someone else. True or False: The hotel is entitled to retain Jan's deposit due to breach of her contract.

False

True or False: A party to a lawsuit has an absolute right to appeal the case to intermediate appellate courts and the highest appellate court, as the litigant sees fit.

False

True or False: After an offer is made, a contract results whether the offeree accepts or rejects.

False

True or False: Penalties for violation of the Civil Rights Act include jail and fines.

False

True or False: Punitive damages are awarded to a plaintiff to compensate for a loss caused by the defendant.

False

True or False: The Civil Rights Act of 1964 is not violated unless a pattern of ongoing discrimination is proven; a single act of discrimination does not violate the Act.

False

True or False: The Supreme Court of a state has the authority to hear every kind of case.

False

True or False: The defendant is the person who initiates a lawsuit.

False

True or False: The voir dire is a presentation to the jury outlining the proof the lawyer expects to present during the trial.

False

True or False: Remedies for a private lawsuit for violations of the ADA include an injunction and compensatory damages.

False They are remedies for an ADA lawsuit brought by the US Attorney General.

A hotel is remodeling its lobby. The manager negotiated a contract for the work with a construction company and was about to sign it. The hotel manager then decided that installation of four additional wall plugs not referenced in the contract were needed. The owner of the construction company on orally agreed to add the four plugs. The hotel manager thereafter signed the contract, which did not make reference to the additional plugs. True or False: The hotel manager can enforce the company's promise to install the four extra plugs.

False This is the Parol Evidence Rule. Any terms discussed by the parties but not included in the document are viewed by the law as intentionally abandoned by the parties.

This is a favorable reputation producing an expectation of future business.

Goodwill

Name the term: A court order forbidding a party to a lawsuit from engaging in specified acts.

Injunction

What are the possible remedies for violations of the Civil Rights Act?

Injunctive relief & Reasonable attorney's fees

Which of the following best describes interstate commerce? It is business done between people or companies from two or more states. It is a civil right contained in the Civil Rights Act of 1964. It is synonymous with the unitary rule. The remedy for it is injunction.

It is business done between people or companies from two or more states.

What is a precedent that marks a turning point in the interpretation of the law?

Landmark

The process by which the federal government adopts laws is called...

Legislative process

A lawmaking body whose members are elected to office by the citizenry.

Legislature

N/A

N/A

Is the following an offer?: "We have chicken, fish, and meat entrees."

No

What is the effect of a counteroffer? No contract results unless the counteroffer is accepted. The counteroffer creates a contract. A contract results, but it is voidable at the option of the offerer. A contract results, but it is voidable at the option of the offeree.

No contract results unless the counteroffer is accepted.

Is pain and suffering recoverable in a breach of contract lawsuit?

No.

A bar, seeking an upscale atmosphere, prohibits the admission of anyone wearing jeans or sneakers. Is this illegal discrimination under civil rights laws?

No. Because style of dress is not a protected class under the civil rights laws.

A diner sued a restaurant, claiming the food was rancid and made her sick. The restaurant intends to deny these claims and seek payment from the diner for the cost of the meal, which the diner refused to pay. The document in which the restaurant would assert this claim is:

The answer

A defendant made a successful motion to have a case dismissed because the court lacked jurisdiction. True or False: The plaintiff can restart the case in a court that does have jurisdiction.

True

Is the following an offer?: "We have the following rooms available at the following prices: those with ocean view are $135 per night; those without an ocean view are $112; those in the adjoining building are $98."

Yes

Which of the following is not true about the statute of frauds? a) Initials on a writing are sufficient in lieu of a signature. b) Two pieces of paper can be used together to make up the necessary writing. c) The required signature is that of the plaintiff in a lawsuit. d) A note or memorandum may be sufficient to satisfy the writing requirement.

c) The required signature is that of the plaintiff in a lawsuit.