Question
Akemi is a wedding photographer who promotes her work online. Most of her photos features marriages between interracial couples. Akemi wants to go to Oregon
Akemi is a wedding photographer who promotes her work online. Most of her photos features marriages between interracial couples. Akemi wants to go to Oregon for a vacation with her partner Jules. After looking online, Akemi reserve a condo on zrbo.com. A majority of the reviews for the condo are written by out of state visitors. At first, the condo owner books the reservation and charges Akemi's credit card for the deposit. Later, the owner cancels and emails a note: "I made a mistake. The condo is not available. I have returned your deposit. Sorry for the inconvenience." Akemi's bank account has been credited for the full amount with interest. However, there are no other condos available in the same price range. Akemi writes back and asks, "How disappointing! Jules and I were so excited about this vacation. Why isn't the condo available? The owner replies, "It is against my morals to support interracial marriage. I was raised by my mother and my grandmother to believe marriage is sacred and racial mixing is a sin. I saw some of your art work online and I would not be comfortable hosting you. You have every right to do as you please in your life. But, this is the house my grandmother lived in and it would be a betrayal of her memory if I rented it to you." Akemi wants to let it go but Jules is furious and decides to sue. The lawsuit alleges that the owner has violated the Civil Rights Act of 1964 for discriminating against the couple. As a remedy, Jules seeks to force the owner to rent the condo to them.
Answer all the questions in full sentences. Explain your answers.
- Is Jules v. Owner a civil or a criminal lawsuit?
- Who will be the plaintiff in this lawsuit? Who will be the defendant?
- Does Jules have standing to bring the lawsuit?
- Will the dispute be heard in a trial court or an appellate court?
- Will a state or a federal court will have subject matter jurisdiction in this case?
- Who will win the lawsuit, Jules or the Owner? Answer this question using IRAC. In your answer, you must discuss the 1964 Civil Rights Act and the supreme court case Heart of Atlanta Motel.
- Did Jules and Owner form a valid contract? In your answer, you must discuss all the legal considerations that determine whether a contract has been formed.
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