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HM 355 Law Final Review Questions
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Terms in this set (59)
The type of law that legislature makes is __________________
Common Law
What type of laws are made by Administrative Agencies?
Regulations
In a Criminal case who pays for the plaintiff's attorney?
the Government
The four main sources of our law are?
-Constitutional (top part of law)
-Statutory
-Administrative
-Common (or case law)
The following case "The people of West Virginia vs. Joseph Parker" is a civil or criminal case?
Criminal (go beyond a reasonable doubt meaning you are 99.9% confident)
What is included in a complaint?
- A statement showing the jurisdiction of the court
- Details about why the plaintiff is suing the defendant
- A claim for relief
What are the steps of the pre-trial process?
- File a complaint
- Summons (known as service of process)
- Respond and give an answer
- If the answer does not conclude the case, you move into the trial process
A case that proceeds to trial without a jury is called a _____________
Bench Trial
A case without a judge is ________?
Arbitration
What are 3 forms of discovery?
Interrogatories
-Being asked written question
- Only for defendant
Deposition
- Being asked questions on the spot
- Can be asked to anyone
Request for Admissions
Request for Production of Documents
Access to premises
- Who can be questioned in a deposition?
- Anyone
What are the 6 elements of a contract?
Can, maddy, leave, chick, fil, a
Agreement
Consideration
Contractual Capacity
Legality
Genuine Assent
Form
What categories of people lack contractual capacity?
Children
Mentally unable
Intoxicated
- these are voidable contracts
Which damage will a plaintiff in a breach of contract case be able to recover?
Lost Profits
What is not considered a contract?
A hotel delivers newspapers to its guests rooms at no charge
To whom does a hotel owe the least amount of duty?
Trespasser
Who do we owe the most care to?
Invitee!!!
- Rankings: invitee, licensee, and then trespasser
Which doctrine imposes liability on a defendant even when the defendant is not negligent?
Strict Liability: The underlying process when dealing with the innkeepers acts
Which negligence theory means "the thing speaks for itself"?
Res Ipsa Loquitur
What are the other theories of negligence?
Strict Liability
Strict Product Liability
Negligence per se
Attractive Nuisance (kid one)
Assumption of RIsk (skydiving?)
Identify the four elements to bring a prima facie case of a negligence forward?
- Existence of a duty owed by the defendant to the plaintiff to act reasonably
- Breach of Duty
- Injury to the Plaintiff
- Proximate Cause
What is the difference between comparative and contributory negligence?
- Comparative: Based on percentages on the amount of concern
- Contributory: if the plaintiffs carelessness contributed to the injury, the plaintiff cannot successfully sue
- comparative is preferred amongst most states
What are the three items which should be considered in determining whether someone is an employee vs. an independent contractor?
- Contracts to do one or more specific projects on a contract basis
- Maintains control over method of doing job
- May supply tools and materials
- Contract may be limited to a defined time period
- Work to be performed is not usually part of the regular business or the employer
What is an invitee?
The guest is furthering the business
Jonathan was a guest at a hotel for 2 days and he checked out around noon on the second day. He intended to sightsee that day before leaving town in the evening. He left his luggage for the duration of the day in the hotel luggage storage room. Does Jonathan qualify as a guest while sightseeing? Why?
It depends on two factors: did the hotel accept the luggage without payment and if they accepted payment
What are the three key determinants in determining whether someone is a guest or a tenant?
- Terminology of contract (landlord vs. innkeeper)
- Control and supervision of the room
- Rental rate interval - shorter the length of time, more likely a guest
- Length of occupancy
- Incidental services offered - more often = guest
With regards to the limiting liability statute, in relation to guest personal belongings and the usage of a safe, what is required of a hotel?
- Hotel must provide a safe for use by guest protecting their property
- Hotel must post notices about safe
- Hotel must post notices regarding hotels liability
- Maximum recovery allowed
Shannon is a receptionist in the hotel dining room and is required to wear dressy clothes to dinner. One of her outfits needs shortening and she delivers it to the tailor. Who is the Bailor?
Shannon=Bailor, Tailor=Bailee
Tom's girlfriend handed her expensive coat to the attendant at the restaurant coat check. She did not disclose to the attendant that she had placed five $100 dollar bills in the inner pocket of the coat. Does bailment exist for the $500? Why?
No, they are only responsible for the coat and not the money that she didn't tell them about
Referring to a situation in which the property of a guest is stolen from the hotel, _______ means that an insurance company that reimbursed the guest from the loss can sue the hotel in lieu of the guest.
Subrogation
The amount of force a hotel can use to evict a trespasser is ___________
Reasonable
If inappropriate force is used, what can a hotel be sued for?
False Arrest
A woman sitting in a hotel lobby is not a guest and has no intention of renting a room. What action can the hotel legally take?
Ask her to leave unless she intends to use some of the services
A _____________ is an order from a judge commanding a police officer to search a designated place for evidence of criminal activity.
Warrant
A guest checked out of a hotel. While the staff was cleaning it the next day, they discovered jewelry that was reported stolen by another guest. Will the evidence be suppressed (used) in a courtroom?
Yes
If the jewelry was left behind and forgotten, who would be the owner of the jewelry?
- Try to track them down
- The hotel's
Name 4 remedies for a Title VII violation?
- Injunction - an order requiring the employer to adopt a policy forbidding discrimination
- Back pay/ front pay
- Attorney's Fees
- Punitive Damages
Name 5 protected classes for employment purposes?
- Race
- Age (>40)
- Gender
- Skin color
- National origin
- Disability
Lee is opening a Thai restaurant. He refuses to hire anyone who was not born in Thailand as chefs, dishwashers, or wait personnel. Is this illegal discrimination against applicants of other nationalities? Why or why not?
Yes unless he can prove that he is not discriminating??
What is the term which stands for unintentional discrimination due to a company policy?
Disparate Impact
If discrimination is intentional, what is a likely defense?
BFOQ - Bona Fide Occupational Qualification
Marti is an observant Jew and celebrates 8 religious holidays that do not coincide with legal holidays. Does Title VII require her employer to give her time off for these holidays? Why or why not?
No but if they give her time off they need to be consistent with other employees
A complaint in regards to the American Disabilities Act should be filed with whom?
Department of Justice
A bar seeking an upscale atmosphere, prohibits the admission of anyone wearing jeans or sneakers. If this illegal discrimination? Why?
No, they have a dress code
What is the correct sequence of activities for a trial? (beginning to end)
- Jury selection
- Opening Statements
- Plaintiff's case
- Defendants case
- Plaintiff rebuttal
- Defendants rebuttal
- Closing statement
- Charge to jury
- Deliberation
- Verdict
- Appeals
What is the difference between the Statute of Frauds and the Statute of Limitations?
- Statute of Frauds: Contracts need to be written
- Statute of Limitation: How long you have to bring a case forward (time limits)
What is the difference between economic and non-economic damages?
- Economic: Money related, lost wages, medical bills
- Non-Economic: Physical/Mental injury
What are the Dram Shop Acts and who do they protect?
- Imposes civil liability on a licensed seller of alcohol beverages
- Dram shop acts are in place to bring third-party liability to sellers of alcohol
Is dram shop insurance required by businesses who sell alcohol?
no
Which test is preferred by a restaurant if you serve a nut bread, which contains a shell and causes a patron to crack his or her tooth?
- Foreign Natural
- Reasonable Expectation
FMLA applies in what scenarios and guarantees what rights?
- Medical leave for immediate family - 12 weeks no pay for:
How big must an organization be for FMLA to be required?
At least 50 people
In discrimination case, where must you submit your complain? How long do you have to submit the complaint regarding the Title VII violation?
-EEOC
- 6 months (180 days)
What does the term prima facie mean in a case?
The evidence is sufficient to prove a party's case - until contradicted & overcome by other evidence. A party must prove all the elements
What public locations are excluded from the American with Disabilities Act?
Private clubs and religious establishments
What qualifies as a guest?
A person who enters a hotel van at the airport intending to stay at the hotel
- Primary intention is to stay at the hotel
What insurance, if any, does law require?
Workers compensation
What prevents a bar/restaurant from showing a "pay per view fight" without permission?
Copyright
What organizational structure(s) leave owners personally liable if the business falls goes into debt?
- General Partnership
- Sole Proprietorship
What organizational structure is not preferable for taxation reasons?
C corporation
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