Food and Beverage Law Practice Exam
Course Introduction
Food and Beverage Law explores the legal framework governing the production, distribution, marketing, and sale of food and beverages. The course covers regulatory agencies such as the FDA and USDA, labeling requirements, food safety standards, health claims, and liability issues. Students examine laws relating to alcohol, genetically modified organisms (GMOs), food additives, and emerging topics such as sustainability and international trade. Through case studies and legal analysis, students gain practical insights into compliance strategies and risk management for businesses operating in the food and beverage industry.
Recommended Textbook
Hotel Restaurant and Travel Law 7th Edition by Karen Morris
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16 Chapters
641 Verified Questions
641 Flashcards
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Chapter 1: Introduction to Contemporary Hospitality Law
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35 Verified Questions
35 Flashcards
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Sample Questions
Q1) ______________________________ is business affecting more than one state.
Answer: Interstate commerce
Q2) Rebecca was attacked at gunpoint while walking home from work late one night. Her pocketbook was stolen and her arm broken. She wants compensation for the money that was stolen and her medical bills. True or false: To secure compensation, she should pursue a criminal case.
A)True
B)False
Answer: False
Q3) The name of the plaintiff in a criminal case is ________________________________________.
Answer: the people of the State the people of the Commonwealth
Q4) Two types of damages a plaintiff can seek in a civil case are ____________________ and ____________________.
Answer: compensatory, punitive
Q5) The people who govern administrative agencies are elected to office. A)True
B)False
Answer: False
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Chapter 2: Legal Procedures: Journey of a Case Through the Courts
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Sample Questions
Q1) The charge to a jury consists of the ____________________ that is applicable to the case.
Answer: law
Q2) The primary purpose of discovery is
Answer: to collect facts and evidence about the party's case to avoid unnecessary surprises at trial
Q3) The document that commences the lawsuit is called a ____________________. Answer: complaint
Q4) 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.
A)True
B)False
Answer: False
Q5) Most cases end up in trial.
A)True
B)False Answer: False
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Chapter 3: Civil Rights and Hospitality Businesses
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35 Verified Questions
35 Flashcards
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Sample Questions
Q1) A bar, seeking an upscale atmosphere, prohibits the admission of anyone wearing jeans or sneakers. Is this illegal discrimination?
A) Yes, because the bar is treating some categories of people differently than others.
B) Yes, because although style of dress is not protected by the Civil Rights Act of 1964, it is protected by state statutes.
C) No, because the Civil Rights Act of 1964 does not cover bars.
D) No, because style of dress is not a class under the civil rights laws.
Answer: D
Q2) Which of the following is not outlawed by the Civil Rights Act of 1964?
A) Discrimination based on religion
B) Discrimination based on sex
C) Discrimination based on national origin
D) Discrimination based on color
Answer: B
Q3) The Fourteenth Amendment to the Constitution prevents certain types of discrimination based on ____________________.
Answer: sex
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Chapter 4: Contract Law and the Hospitality Industry
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Sample Questions
Q1) A primary reason that a contract for a catered event should be in writing is
Q2) Which of the following is not a contract?
A) A restaurant purchases a month's supply of condiments from a supplier and pays the agreed price.
B) A hotel delivers newspapers to its guests' rooms at no charge.
C) A snowplower agrees to plow a restaurant's parking lot in exchange for free meals.
D) A hotel hires a banquet manager at an agreed salary.
Q3) A 600-room hotel is sold out for the weekend. To accommodate the anticipated diners in the restaurant, the restaurant manager ordered a larger quantity of fresh fish to be delivered by noon on Friday. The supplier failed to provide the fish. As a result, the hotel was unable to serve many items on the menu and lost business. To mitigate the loss, the restaurant should have
Q4) In contract terms, how would you describe the following: "If the price is right, I will consider selling the chandelier in the lobby"?
Q5) Mutuality is established by an offer and an ____________________.
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Chapter 5: Principles of Negligence
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Sample Questions
Q1) The legal doctrine that imposes liability on a defendant even when the defendant is not negligent is:
A) Comparative negligence
B) Strict liability
C) Last clear chance
D) Contributory negligence
Q2) Proximate cause is a direct and foreseeable connection between the duty owed and the breach of that duty.
A)True
B)False
Q3) The legal doctrine of _________________________ will benefit the plaintiff in a case where the circumstances suggest that the defendant was negligent but no proof of specific acts of negligence exists.
Q4) The legal duty we have to act reasonably is owed to everyone.
A)True
B)False
Q5) Two precautions a hotel with mirrored or glass walls might take to avoid injury are
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Chapter 6: Negligence and Hospitality Practices
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Sample Questions
Q1) Workers at a hotel were painting a sitting room near the lobby. They did not post a sign warning people of the presence of paint and related paraphernalia, but they did verbally alert passersby. Two drawbacks to verbal warnings are
Q2) The reason some hotels forbid the use of surfboards, floats, or other swimming toys is
Q3) Workers at a hotel were painting a sitting room near the lobby. They did not post a sign warning people of the presence of paint and related paraphernalia, but they did verbally alert passersby. Two drawbacks to verbal warnings are ________________________________________________ and ________________________________________________.
Q4) The occurrence of a rape on a hotel's premises is conclusive evidence that the innkeeper was negligent. A)True B)False
Q5) Outside entrance doors to hotels can present security challenges. Two ways to help secure these doors are ________________________________________,
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Chapter 7: Guests and Other Patrons
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31 Verified Questions
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Sample Questions
Q1) Jeremy was in New Orleans for three days on business and stayed at a downtown hotel. On the last day of his stay he left the hotel for the airport to catch a plane at noon. When he arrived at the airport, he learned the plane was delayed for four hours. He decided to use the time to sightsee and checked his luggage in the baggage room at the airport hotel. True or false: Jeremy qualifies as a guest at the airport hotel.
A)True
B)False
Q2) Terms used in a contract for the rental of a room constitute one of several factors used to determine whether someone qualifies as a guest or a tenant.
A)True
B)False
Q3) An essential element of all contracts is the ____________________ by the parties to enter a contract.
Q4) A man has his hair cut every other week at a hotel barber shop. True or false: He qualifies as a guest.
A)True
B)False
Q5) People staying at a hotel on a permanent basis are ____________________.
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Chapter 8: Protecting Patrons Property
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Sample Questions
Q1) Whether or not a guest's watch should be placed in a hotel safe may depend on the value of the watch.
A)True
B)False
Q2) Which of the following was not an exception to the common law rule concerning liability of a hotel when a guest's property was lost or stolen?
A) The loss was caused by an act of God.
B) The loss was caused by the guest's negligence.
C) The loss was caused by an act of public enemy.
D) The loss was caused by an act of a hotel employee.
Q3) In a mutual-benefit bailment, both the bailor and the bailee owe each other certain duties.
A)True
B)False
Q4) All state legislatures have adopted statutes to limit hotelkeepers' liability for guests' property losses.
A)True
B)False
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Chapter 9: Rights of Innkeepers
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Sample Questions
Q1) The primary difference between assault and battery is
Q2) A group of diners stole the wine glasses that had been used at their table from a restaurant. What crime have they committed?
A) Larceny
B) Theft of services
C) Assault
D) Forgery
Q3) A hotel can refuse to allow a local pizza delivery service to enter the hotel for purposes of delivering pizza to guests.
A)True
B)False
Q4) The Civil Rights Act of 1964 prevents a hotel from barring religious adherents from going door to door among the guest rooms seeking new adherents for the religion.
A)True
B)False
Q5) Unlike eviction of guests, a hotel cannot evict a long-term boarder without a
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Chapter 10: Guests Rights
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Sample Questions
Q1) What is the consequence of a hotel charging guests for services they did not receive?
A) The hotel will be required to reimburse the guest for the unused services.
B) The hotel will be criminally liable.
C) There is no consequence: the hotel is entitled to charge for such services.
D) The hotel will be required to reimburse the guest for the full amount paid by the guest to the hotel, including the charge for use of the room.
Q2) When a hotel finds lost or misplaced property, it should not give it to someone claiming to be the owner until
Q3) Under which of the following circumstances is entry into a guest room not legal?
A) The guest consents to a police search.
B) The innkeeper consents to a police search.
C) The television is blaring, causing guests in adjacent rooms to call the front desk complaining of the noise.
D) The guest ordered room service, and delivery is being made.
Q4) Concerning rates and fees, one way to avoid unpleasant disagreements at check-out time is to
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Chapter 11: Liability and the Sale of Food
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46 Verified Questions
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Sample Questions
Q1) If a beverage is above boiling hot, the product does not need to be branded with "Caution, hot beverage."
A)True
B)False
Q2) A trend exists in which states are rejecting the foreign/natural test and instead adopting the reasonable expectation test.
A)True
B)False
Q3) The reasonable expectation test examining whether an object found in food ought to have been anticipated by the consumer.
A)True
B)False
Q4) Many states have established laws that restrict ____________________ in many public buildings, including restaurants.
Q5) The warranty of merchantability applies when a supplier delivers ordered food to a restaurant.
A)True B)False
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Chapter 12: Liability and the Sale of Alcohol
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Sample Questions
Q1) A person who regularly drinks at a licensee's premises and frequently becomes intoxicated is called a ______________________________.
Q2) A liquor license, once granted, cannot be revoked.
A)True
B)False
Q3) Some states require establishments that serve liquor to be certified in an alcohol awareness training program.
A)True
B)False
Q4) Licensees are not responsible and can permit disorderly conduct, such as fighting or indecent sexual behavior, in their restaurant or bar.
A)True
B)False
Q5) Which practice(s) contribute(s) to reduced risk of liability in alcohol sales?
A) Encouraging responsible drinking in marketing and advertising
B) Posting signs of the bar's willingness to drive patrons home
C) Encouraging groups of customers to select a designated driver
D) All the above
Q6) The licensee is the ____________________ or ____________________.
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Chapter 13: Travel Agents and Airlines Rights and Liabilities
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Sample Questions
Q1) A ____________________ is a rule or condition of air travel that binds the airline and passengers.
Q2) Negligent entrustment of a car includes renting it to someone who is from France and has a valid French driving license but not one from the United States.
A)True
B)False
Q3) In lieu of disclaimers, travel agents are well advised to include in their contracts with customers
Q4) Which of the following is not true about overbooking by car rental companies?
A) It is a crime.
B) Some states impose fines for overbooking.
C) Many car rental companies will voluntarily compensate a traveler whose car reservations could not be filled and who rented from another company at a higher price.
D) The unavailability of a reserved car constitutes a breach of contract.
Q5) A type of insurance that covers a travel agent's failure to satisfy its obligation to a customer is called ________________________________________.
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Chapter 14: Employment
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Sample Questions
Q1) The term _________________________ refers to artificial barriers that restrict promotion opportunities for women and minorities to management and decision-making positions in business.
Q2) Which of the following is an example of sexual harassment in the form of a hostile work environment?
A) A woman is denied a promotion because she rejected her boss's advances.
B) A female employee was demoted because she refused to respond to her supervisor's sexual advances.
C) A female employee is exposed to persistent lewd remarks and pinups at her work site.
D) A male employee attending an out-of-town conference with his female boss declined an invitation to share a hotel room and was later denied training opportunities that would have qualified him for promotion.
Q3) All employees are subject to the minimum wage requirement.
A)True
B)False
Q4) Courts have accepted the argument that comparable work requires equal pay.
A)True
B)False
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Chapter 15: Regulation and Licensing
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Sample Questions
Q1) Which of the following is a per se antitrust violation?
A) Price fixing
B) Mergers
C) Resale price maintenance agreements
D) Territorial division agreements
Q2) Which of the following is not an objective of zoning laws?
A) To achieve balanced development in an area
B) To protect the environment
C) To preserve the residential quality of neighborhoods
D) To minimize the adverse effects of an inappropriate location for certain types of business
Q3) A copyright owner will lose the benefits of the copyright if the copyrighted item does not contain a copyright notice.
A)True
B)False
Q4) A hotel may be held liable for acts of its managers that violate antitrust laws.
A)True
B)False
Q5) Two remedies for trademark infringement are
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Sample Questions
Q1) The difference between a trademark and a copyright is
Q2) Among the topics to be addressed by the National Gambling Impact and Policy Commission are ______________________________.
Q3) Many theme parks attract large numbers of visitors on a daily basis. Which of the following best describes reasonable crowd control?
A) Limiting the number of visitors that can enter a theme park at a given time based on family size
B) Increasing admission prices on known high-volume days at the park
C) Closing popular rides at peak times to detour crowds
D) Erecting small barriers or decorative fencing that separates existing patrons from those patrons that are next in line
Q4) _________________________ casinos are the result of laws that prohibit gambling on shore, but not out at sea.
Q5) Gambling is highly regulated by the government.
A)True
B)False
Q6) Probable cause is a defense to the tort of
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