HSP_MGMT 1133: EXAM 2
121 Cards in this Set
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Impairment
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physical or mental; some are unseen but exist
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substantially limits
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refers to both degrees of impairment; duration of impairment (permanent or temporary)
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major life activity
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functions that are significant to an individual's daily life, (e.g., walking, speaking, breathing) that must be substantially limited by a condition for the condition to constitute a disability for the purposes of the ada
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1) Hospitality-structural access
2)Capacity against employer
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Federal law according to American Disabilities Act (ADA)
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hose with disabilities
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Who is protected by the ADA?
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disability
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any physical or mental impairment that substantially limits a major life activity
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Those with a past record of disability and those who are Associates of the disabled
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What others are covered by the ADA?
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places of public accommodation and those who own and operate them
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Who is also covered by the ADA?
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15
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Employees of __ or more are also covered by ADA
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1) Access & Employment (cannot screen)
2) Drivers license as sole form of ID
3) No surcharge on disabled
4) No special requirements on disable
5) Cannot require them to identify a disability
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What is prohibited by the ADA?
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1) Auxiliary aids/services and/or modifications of policies and procedures unless undue burden or would fundamentally alter the nature of the services provided (Casey Martin case)
2) Barrier removal (Deja Vu case)
3) Strict guidelines for new construction
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What is required by the ADA?
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Braille menus (required unless you have someone to read the menu)
Assistive technology for deaf at drive-thrus.
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Examples of auxiliary aids
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-golfer at Stanford w/ Tiger Woods
-unable to walk long distances
-walking rule on golf course
-argument: golf is about shots
-Supreme Court rules for him, said that golf is a game about shots & walking was 2nd)
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Casey Martin case
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No elevator for wheelchairs
Supplementing would make cost go beyond available means
Result: put closed-circuit TV feed so people could watch
If not available: must find alternative measures
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Deja Vu example
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-distance
-width rules
-buildings started from scratch or modifications on existing buildings
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Guidelines for new construction
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No
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Do you have to file a claim before a suit under the ADA?
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EEOC
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Who handles complaints under the ADA?
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Yes
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Is exhaustion required for the EEOC complaint?
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Access: 2 years
Employment: 180/180/90.
180 days to file a complaint; 180 days for agency to investigate; 90 days to file a suit if you don't like what they have to say
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Limitation period for EEOC complaint
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"Drive-by plaintiff"
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someone who sues for ADA access who never tried to get into the establishment
Example: man in wheelchair who sued in Cali. who had not attempted to get into the restaurant
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does not require notice before a suit; can only get injunctive relief & attorney fees
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Current law on filing complaints with the EEOC
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A bill that requires a private plaintiff to give 90-120 days notice before filing a suit (must include nature of violations & how to gain accommodation)
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What is the ADA Notification Act?
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-there is pattern and practice
-case is of general public interest and importance
-Money damages are available in this case
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Attorney General can file as plaintiff if... (ADA)
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Mrs. Murpheys: exempt if a small B&B has 5 rooms or less
Private Club
Safety: if it is not safe (Deja Vu and elevator case)
Financial defenses (not readily achievable or undue burden
Casey Martin case: if it would fundamentally alter the nature of the service
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Defenses to ADA
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-not specifically addressed
-definition of disability
-find reason for obesity: biologically medical condition they can't control or lifestyle choices?
-no clear decision yet
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ADA provisions for obesity
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-AIDS & HIV are disabilities
-manager cannot terminate them
-AIDS is not transmitted through food handling
-can be sued for adverse action
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ADA provisions on AIDS/restaurant workers
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any pool/hotel must have a lift
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ADA provisions for swimming pools and wheelchair bound guests
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Culver's installed device to assist their deaf customers
-not to accommodate them is a violation of the ADA
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ADA provisions for drive-thru lanes and deaf customers
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-if the restaurant doesn't have them, they must have an employee present to read the entire menu to them, but it's cheaper to have Braille menus
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ADA provisions for Braille menus
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dogs, small horses
-veterans/ deaf/ blind/ mental disabilities
-cannot charge guests extra unless the animal causes damage
-can only reject them if it's disruptive
-"No pet policy" does not apply
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ADA provisions for service animals
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-physical disability
-entitled to have access, not a democracy
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ADA provisions for Tourette's Syndrome
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ADA applies to both internet and physical establishments
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ADA provisions for websites for the blind
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changes under the smoking policy for those with athsma
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Smoking at the ADA--how does it apply?
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-tobacco companies: people hooked, telling lies, killing people
-attorney generals suing: Medicaid costs, injuring people, public enemy #1
-similar to obesity suits (getting people hooked)
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Dangerous product litigation against the tobacco industry
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main provision: cannot penalize people for having pre-existing conditions
-surcharge on those with a history of tobacco use
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New Federal smoking rules under healthcare
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-how aggressive states are
-MO state law: designated smoking areas; cities can set their own policies; too permissive with cigarettes & alcohol
-Grade: D or F
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State/local laws on smoking
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1) Who is covered? (indiv/business)
2) How directive?
3) What is the penalty?
4) Who is exempt?
5) Who is penalized
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5 Factors to conisder
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Designated smoking areas
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DSAs
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191-765
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defines bar: 90% sales volume from alcohol sales
-Black and Gold
defines restaurant: a structure where food can be eaten on site
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191-767
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-persons shall not smoke unless in DSA (set by those who have custody)
-30% of entire space designated to smking
-does not have to have a DSA
nonsmoking area must be in an area where you do not have to walk through smoking area
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191-769
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-areas not considered public places
-Examples: room halls, limos, taxis, performers on stage
-place where 50% is involved with sale of tobacco or bars that seat less than 50 people, private residences, enclosed indoor areas
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191-771
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who gets penalized?
-2 possible individuals: owner of facility or person who is smoking where they are not supposed to (infraction: must pay a fine)
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Yes - gov. employee discounts
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Are different prices/rates/payment legal for different guests for hotels?
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race, color, religion, national origin
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Statutory restrictions on pricing
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can discriminate based on age
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Civil rights according to hotel policies
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max amount a hotel can charge for a room; guilty of a misdemeanor if it exceeds
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Hotel rack rate laws?
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free to pass smoking bans
can go further than state law
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local law on smoking
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Oct. 2006 passed, 90-days implement period
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City of Columbia ordinance-history?
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city ordinance: provision on proximity to entrance (20 ft)
-no smoking in restaurants & bars unless the bar has a patio
-private club built prior to exemption date is exempt (Eagles Club)
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How is it different from state law?
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-can help/hurt businesses
-improves public health
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Legal & economic issues with smoking bans: public vs. property rights
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-better public health
-treats all businesses equal
-promotes employee health
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Pros to a smoking ban
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-attendance & revenue effect
-goes against American principle of market control (entrepreneurship)
-takes sale tax revenue away from Columbia
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Cons of a smoking ban
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-challenge to municipal ordinance
-rest/bar sued because KC smoking ban violated the state Constitution
-court said that cities can make own laws regardless of state laws
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Kansas City vs. Carlson (smoking case)
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law that restricts employers from using legal substances away from workplace (cannot discriminate)
-allows employers to have different medical rates
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MO law 290-145, smoking and employment
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-worker safety and secondhand smoke
-lingering smoke
-high standard, hard to violate
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Smoking and OSHA-permissible exposure levels and ETS
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-good to restrict smoking because worker's compensation laws can be filed
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Worker's compensation and smoking
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Yes
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Is it legal to allow cigarettes but not cigars?
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Yes
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can a business price differentiate b/w customers?
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race, color, religion, national origin
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Statutory restrictions on pricing (4)
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yes
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Can hotels discriminate based on age?
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What are hotel rack rate laws?
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max amt a hotel can charge for a room; must be posted
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must post & cannot exceed
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hotels 419-040
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guilty of misdemeanor if it exceeds
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hotels 419-050
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-regulate unfair competition
-federal laws
-illegal to agree with a competitor to set prices
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Anti-trust laws
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-disaster zones (declared by pres or gov)
-essential commodities
-charging an excessive price (exceeds standard by 25%)
-fine of $1000/incident
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MO law on price gauging
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cash discount
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-costs $ every time a card is used
-swipe fee
-legal but may violate CC servicing agreement
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CC minimum transaction policy?
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same as CD policy
-may violate CC servicing agreement
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apartment, car, syllabus, car, house, cell phone
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common business and personal contracts
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state law, uniformity between states
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How are contracts formed?
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1)legality
2)capacity
3)mutuality
4)consideration
5)forms
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Elements of a valid contract
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-illegal
-court cannot validate
-deals with issues
-examples: gambling, prostitution
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Void K
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-deals with individual
-made by someone who lack capacity
-can be enforced at choice of party who lacks capacity
-deals with age and mental state
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Voidable K
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offer & acceptance
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Mutuality includes
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consideration
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something in exchange for something else
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1)tangible
2)performance
3)Forbearancce
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Consideration includes 3 things
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real estate, marriage
long term contracts
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Statue of frauds-what contracts are required to be in writing?
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parol evidence rule
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prevents prior or contemporaneous statements from being introduced to modify terms of a written contract
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1)requirement of showing
2)foreseeabilitiy
3)certainty
4)mitigation
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remedies for breach of contract
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foreseeability
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opportunity loss;
must show that the opportunity was forseeable
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certainty
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lost profits becaue of advertising
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mitigation
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"reduce"
-example: moving out early on lease; landlord must prove damanges
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1) liquidated
2) compensatory
3) consequential
4) punitive
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Types of damages
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liquidity damages
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specifically stated in terms of the contract, set amt. of money
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compensatory damage
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-put plaintiff in same position economically if B did what they said they would do
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consequential damages
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lost opportunity, unique to different contracts
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punitive damages
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rarely available in contract cases, such as overbooking a hotel room (120%)
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1) specific performance-court requires party to do what they said they would do
2) reformation-court can reform contract to what they agreed to
3) cancellation-certain situations (natural disasters)
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Equitable remedies in contract litigation
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1)Fraud-misrepresentation
2)Mistake-mutual mistake
3)Duress-someone forced you to enter
4)Impossibility-natural disasters
5)Unconstitutionality-term of contract is grossly unfair
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Defenses in contract cases
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1)trade usage
2)course of dealing
3)construction against the draftsman
(example: chickens)
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Examples of ambiguity
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ESGICA
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Electronic signatures in Global and interstate Commerce Act
-E-sig is valid
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UETA
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Uniform Electronic Transaction Act
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civil easier to win for initiating party (BOP, evidence, convince less people)
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Differences between civil and criminal cases
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-police search for subject in an armed robbery, Stoner beame suspect, asked desk clerk to let them in, linked to robbery, illegal search
-if gov violates 4th amendment (search and seizure), evidence is excluded
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Exclusionary rule example in criminal cases (Stoner vs. California)
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1)permission
2)search
3)emergency situation
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3 ways to enter property
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"guilty act"
ex: breaking and entering
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Actus reus
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guilty mind"
-purposely, knowingly, negligently
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Mens rea
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murder
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intentional, premeditated
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manslaughter
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lesser, reckless behavior, criminally negligent
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Luby's
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restaurant shooter, 20+ deaths
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McDonalds
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Huberty, 125 shots fired, 21 people dead
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Concealed carry laws-Suzanna Hupp
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"national champion" of concealed carry laws
MO laws: bar can restrict, private busineses can make own laws
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"no guns" policy
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-restaurant of 50+ people have a right to restrict guns
-crime to possess firearm while intoxicated
-illegal to point gun in threatening manner
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manslaughter example
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NY nightclub, pyrotechnics
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Rhode Island incident-Station Night Club
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-disregarded a substantial risk
-100 counts of manslaughter (owner & manager)
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Burglary
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unlawful entry into another's property with intent to commit a crime
Example: inexperienced housekeepers, people walking in, considered burglarly
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Stealing
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-property or services
-$500 or more considered a felony
Example: AC units from a hotel
-taking without permission
-usually a misdemeanor
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Robbery
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-stealing by force (use or force of)
-more serious than stealing
-felony
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Arson
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-setting fires or creating explosions
-difficult to prove
-Herford house (class B felony)
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extortion
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a criminal offense in which a person obtains money, property, and/or services from another by wrongfully threatening or inflicting harm to his or her person, property, or reputation. Also called blackmail
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forgery
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1)altering terms of a document
2)present a document saying that it's something it isn't
3)signing someone else's name to a document w/ an intent to defraud them
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identity theft
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device storing CC #s stolen
over $500=felony
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Passing bad checks
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1)NSF (Not sufficient funds)
2)Closed Account Check
3)no account check (most serious)
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Counterfeit money
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passing it is a federal offense
secret service is involved
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prostitution
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crime in 49 states
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human trafficking
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young women sold into it
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controlled substance activity
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if you allow it, they will suspend your liquor license
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strong odor, 1000 meth labs recently, most serious controlled substance, requires HAZMAT
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How can you recognize a meth lab?
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1) personnel
2) structural design-CPTED programs (reduce likelihood of crime)
3) technology
4) programs-local polic programs
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Crime prevention (4)
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1)crime statistics
2)annual written report
3)must notify students on crime
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Crime on College campuses-Clery act requirements
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required to have fire escapes
-Atlanta, GA 1946 hotel didn't have fire escapes
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Fire safety at hotels
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1)Federal Hotel Motel Fire Safety Act-requires hotels with 3+ stories to have a sprinkler system & smoke detectors
2)State & Local fire codes-capacity limits, specify equipment (fire extinguisher, escape route, sprinkler systems, smoke detectors)
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Fire at MGM Grand--what changes resulted?
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