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RHM 421 > final review > Flashcards

final review Flashcards

(73 cards)

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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
respondiat superior
the employer answers for the employee - actual, implied and apparent authority
26
uniform commercial code requires which of the following warranties regarding food that is sold to the public
food is wholesome and fit for human consumption
27
the alabama agency which issues regulations on purchasing, preparing and serving food is
AL Dept. of Public Health
28
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
failure to keep required records
29
minimum age to serve liquor in AL
19
30
right of assignment
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
What service is a guest entitled to expect from a place of lodging?
a reasonable safe and secure environment
32
Which hotel activity constitutes a bailment?
valet parking
33
ADA - americans with disabilities act
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
protected classes under the Civil Rights Act of 1964
- race, national origin, religion, color, sex (NOT age)
35
Civil Rights Act of 1964
regulated by the EEOC (equal employment opportunity commission); establishes protected classes that can't be discriminated against
36
hotels can enter rooms incase of
housekeeping, routine maintenance, emergencies, NOT inspection
37
Fair Labor Standards Act
- 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
The Family Medical Leave Act
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
employee polygraph protection act
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
Immigration reform and control act
requires that employer must have documentation of employees identity and authority to work
41
ADA protects people with a physical or mental impairment that
affects or limits a major life activity
42
Age discrimination in employment act protects
ppl over the age of 40 from being discriminated against unless age is a bonafide occupational qualification
43
hostile environment
sexual harassment that is created through language or conduct causing an intimidating or uncomfortable workplace
44
quid pro quo
sexual harassment occurring when a supervisor requires favors in exchange for workplace benefits
45
The duty that employers have under the osha is:
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
The OSHA standard that requires employers to identify and label dangerous chemicals in the workplace and educate employees about them is:
the hazard communication standard
47
The OSHA blood borne pathogene standard requires employers to take action when an employee has been exposed to?
bodily fluids
48
duty
type of relationship between parties that cause them to be careful toward each other
49
5 elements for Harassment policy
- 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
NLRA national relations labor act
to protect the rights of workers to organize and to begin to bargain collectively with their employers or to refrain from such activity
51
workers compensation
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
franchise
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
for a situation to be compensable under workers comp it must have occurred
within the course and scope of the job
54
AL right to work statute provides that
a pereson does not have to be a member of a union to work at a place even if it's unionized
55
which of the following is not an unfair labor practice by an employer under the NLRA
posting flyers explaining why union membership is not needed
56
collective bargaining is
when union representatives meet with employer representatives to work out details wages and benefits
57
the unemployment comp insurance prorgam/payment/unemployment
payments made by authorized bodies to unemployed people, who are unemployed for qualified reasons
58
how unemployment comp works
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
NLRB (national labor relations board)
- to conduct secret ballot elections that will permit employees to decide if they want union - to prevent and remedy unfair labor practices
60
collective bargaining agreement
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
property
intellectual: personal property that has been created thru the intellectual efforts of its original owner - intangible real estate: is tangible physical property
62
trademarks
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
copy rights
legal and exclusive right to copy or reproduce intellectual property and to benefit from the use of intellectual property
64
patents
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
licensing
when somebody uses someone else’s intellectual property
66
infringement
to use copyrighted material without a proper license
67
royalty
paying somebody for the use of their intellectual property (ASCAP, BMI, SESAC)
68
what is not part of franchisee agreement
for the operating company to inspect the financial records of the parent company (franchisor)
68
Franchise rule by FTC requires
evidence of a reasonable basis to support earnings claims
69
the federal tax which supports the social security program is the
federal insurance contribution act tax
70
a tax in which hospitality businesses are required to act as tax collectors for is the
local sales tax
71
a tax that affects lower income citizens more than high income citizens is
regressive (progressive falls harder on wealthier citizens such as income tax)
72
Q's for business form
*reference chart - Who owns it? - Who Runs it? - Who is Liable? - advantages/disadvantages

RHM 421 (3 decks)

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