HSP_MGMT 1133 1st Edition Lecture 19Outline of Last Lecture I. Breach of Contract Continueda. Remediesi. Types of damagesii. Equitable remediesb. Defenses in contract casesII. Rules of contract interpretationIII. Commercial leaseIV. Employment contractsV. Meetings and eventsOutline of Current Lecture VI. Crimesa. Difference between civil and criminal casesb. Clery Actc. Difference between murder and manslaughterd. Specific Murder Casesi. Luby’s restaurantii. Conceal and carry lawse. Manslaughter continuedCurrent LectureChapter 7-CrimesDifferences between civil and criminal cases- The difference is how they’re perceived through the court system These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.- Civil case is easier to win- burden of proof is easier, have to convince fewer jurors and your evidence is not limited like it is in a criminal caseExclusionary rule in Criminal cases----Stoner v California - Desk clerk let police in hotel room and they located stolen evidence they needed in the trial- Violated the 4th amendment in the way that they entered the hotel room- so the evidence was considered invalid - In criminal cases, gov’t has a limited availability of evidenceClery act-What is a Clery notice?- Jean Clery- she was raped and killed on a college campus in the 80s, her parents wanted to warn students on her campus about it- Requires colleges to:o Keep a log sheet of all crimes that occur on campuso Keep crime statistics about crimes that occur on campus for a period of 8 yearso Send a warning to all campus stakeholders every time a crime occurs on campuso Complete an annual report of the crime that occurs on campus and make it accessible to anyone who wants to look at itMost substantive crimes appear in criminal codesActus reus- “guilty act” means that you actually committed the actMens rea- “guilty mind” means that you knew it was wrong; Purposely, Knowingly, Reckless, Criminal negligence Criminal Homicide law Distinction between murder and manslaughter- Murder- intentional killing of another person- Manslaughter- accidental or provoked killingo “Provoked”- they didn’t deliberately set out to kill someone but they were provoked by a fight or something of that natureSpecific murder cases:Murder- Luby’s restaurant- 35 year old man drove his truck into Luby’s restaurant and started shooting everyone- Killed 22 people and injured 21 more- Suzanna Hupp- Woman who was there and ended up helping pass the conceal and carry law in Texas- Conceal and carry law- you can go to class and get a permit to carry a gun; “conceal” means it is not visible- Open carry law- you have a right to openly carry a gun anywhere where you can conceal carryo Can’t conceal and carry: Court houses, voting places, stadiums that seat over 5,000 people, police stations, public schools Can’t conceal and carry in a “bar” (more than 50% of sales must be in alcohol) If a private property owner posts notice that you can’t conceal and carry a gun on their property then you can’t do itManslaughter- Voluntary manslaughter- intentional, provoked, killing- Involuntary manslaughter- unintentional; ex:
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