Mizzou Hospitality Law Final Exam 2023 with complete
solution
how does Missouri's three tiered system impact liquor licensing?
Only one type of license - manufacturing, wholesaling or retailing, may be issues to an
applicant.
according to class discussion, the two adverse consequences which necessarily flow
from violation of the drunken driving laws/ordinances are ____ and ______
Criminal charge and administrative revocation of the Driving privilege
which of the following is not a recognized chemical test in Missouri ARTO/DWI cases?
Hair follicle
what was the English common law rule regarding Dram Shop Liability
potential liability under the criminal law only
the U.S. federal government has a limited role in alcohol licensing and enforcement by
virtue of the_____
repeal of prohibition in the 21st amendment to the Constitution
In a Missouri division of liquor control inspection of a licensed facility, how does the 4th
amendment in the US constitution govern the agency's procedure
the agents have unrestricted authority to search the facility under the judicially created
exception for highly regulated industries
Private employers have wide freedom to fire their employees without legal
consequences under the principles of the ___ doctrine
employment at-will
duty
obligation
breach
breaking of contract or duty
causation
of harm is critical to the third element of a negligence case
proximate cause
(legal cause) sets limits on the legal consequences of negligent acts. It limits liability for
negligent acts by allowing plaintiffs to recover only in cases where the harm is a
reasonably foreseeable result of the negligence.
actual case
means that without the defendants negligence the harm to plaintiff wouldn't have
occurred.
invitees
is a person who enters the property with the owner's knowledge and for the mutual
benefit of both parties
Licensee
is a person who enters and remains on the property with the owner's consent, but
whose presence does not financially benefit the owners
attractive nuisance doctrine
, is premised on the belief that one who maintains a dangerous condition that is likely to
attract children on their property is under a duty to post a warning or take affirmative
action to protect children from the dangers of that attraction.
trespaser
a person who enters the property of another without lawful authority, permission or an
invitation
negligence
careless neglect, often resulting in injury
compensatory damages
money intended to restore a plaintiff to the position he was in before the injury;
damages that are intended to cover costs incurred by a consumer due to an injury
pain and suffering
physical and emotional stress caused by an injury;
physical, mental, and emotional distress or trauma for which compensation is given in a
tort case
loss of consortium
the loss by one spouse of the other spouse's companionship, services, or affection;
in a lawsuit by a spouse, a request for damages for loss of companionship
negligence per se
an action or failure to act in violation of a statutory requirement
contributory negligence
behavior by the plaintiff that helps cause his or her injuries;
negligence by the plaintiff that contributed to his or her injury
comparative negligence
a plaintiff may generally recover even if she is partially responsible;
damages are apportioned according to fault
pure comparative fault
Under that rule, even a plaintiff who is 80% at fault in causing their injury may still
recover 20% of damages, reflecting the defendants percentage of fault
res ispa loquitur
"the thing speaks for itself" - allows a plaintiff to prove negligence on the theory that his
injury could not have occurred in the absence of the defendants negligence.
negligent security
A breach of this duty may lead to a lawsuit for negligence and is sometimes referred to
as a ______
natural accumulation rule
a property owner has no duty to remove or warn of the dangers of natural
accumulations of snow, ice, and freezing rain and he or she is not liable for injuries
caused by natural accumulations of snow.
constructive knowledge
is notice of a fact that a person is presumed by law to have, regardless of whether he or
she actually does, since such knowledge is obtainable by the exercise of reasonable
care;
if a person should have known a fact by application of reasonable care
assumption of risk
solution
how does Missouri's three tiered system impact liquor licensing?
Only one type of license - manufacturing, wholesaling or retailing, may be issues to an
applicant.
according to class discussion, the two adverse consequences which necessarily flow
from violation of the drunken driving laws/ordinances are ____ and ______
Criminal charge and administrative revocation of the Driving privilege
which of the following is not a recognized chemical test in Missouri ARTO/DWI cases?
Hair follicle
what was the English common law rule regarding Dram Shop Liability
potential liability under the criminal law only
the U.S. federal government has a limited role in alcohol licensing and enforcement by
virtue of the_____
repeal of prohibition in the 21st amendment to the Constitution
In a Missouri division of liquor control inspection of a licensed facility, how does the 4th
amendment in the US constitution govern the agency's procedure
the agents have unrestricted authority to search the facility under the judicially created
exception for highly regulated industries
Private employers have wide freedom to fire their employees without legal
consequences under the principles of the ___ doctrine
employment at-will
duty
obligation
breach
breaking of contract or duty
causation
of harm is critical to the third element of a negligence case
proximate cause
(legal cause) sets limits on the legal consequences of negligent acts. It limits liability for
negligent acts by allowing plaintiffs to recover only in cases where the harm is a
reasonably foreseeable result of the negligence.
actual case
means that without the defendants negligence the harm to plaintiff wouldn't have
occurred.
invitees
is a person who enters the property with the owner's knowledge and for the mutual
benefit of both parties
Licensee
is a person who enters and remains on the property with the owner's consent, but
whose presence does not financially benefit the owners
attractive nuisance doctrine
, is premised on the belief that one who maintains a dangerous condition that is likely to
attract children on their property is under a duty to post a warning or take affirmative
action to protect children from the dangers of that attraction.
trespaser
a person who enters the property of another without lawful authority, permission or an
invitation
negligence
careless neglect, often resulting in injury
compensatory damages
money intended to restore a plaintiff to the position he was in before the injury;
damages that are intended to cover costs incurred by a consumer due to an injury
pain and suffering
physical and emotional stress caused by an injury;
physical, mental, and emotional distress or trauma for which compensation is given in a
tort case
loss of consortium
the loss by one spouse of the other spouse's companionship, services, or affection;
in a lawsuit by a spouse, a request for damages for loss of companionship
negligence per se
an action or failure to act in violation of a statutory requirement
contributory negligence
behavior by the plaintiff that helps cause his or her injuries;
negligence by the plaintiff that contributed to his or her injury
comparative negligence
a plaintiff may generally recover even if she is partially responsible;
damages are apportioned according to fault
pure comparative fault
Under that rule, even a plaintiff who is 80% at fault in causing their injury may still
recover 20% of damages, reflecting the defendants percentage of fault
res ispa loquitur
"the thing speaks for itself" - allows a plaintiff to prove negligence on the theory that his
injury could not have occurred in the absence of the defendants negligence.
negligent security
A breach of this duty may lead to a lawsuit for negligence and is sometimes referred to
as a ______
natural accumulation rule
a property owner has no duty to remove or warn of the dangers of natural
accumulations of snow, ice, and freezing rain and he or she is not liable for injuries
caused by natural accumulations of snow.
constructive knowledge
is notice of a fact that a person is presumed by law to have, regardless of whether he or
she actually does, since such knowledge is obtainable by the exercise of reasonable
care;
if a person should have known a fact by application of reasonable care
assumption of risk
