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Hospitality Law

Hotel, Restaurants, and Travel Law

What are the sources of Law Constitutional Law, Statutory Law, Common Law, Administrative Law
Interstate Commerce Business affecting more than one state, as opposed to business done between two parties in the same state
Delegated Powers Those expressly allocated to the federal government in the constitution
Legislative Process The process by which the federal government as well as other units of government adopt laws
What is Law A body of rules to which people must conform their conduct/ Rules that require peole to meet certain standars of conduct and are enforceable in court
Congress The primary lawmaking body of the federal government
Statutory Law Law promulgated by legislators and generally agreed to by the executive (president, governor, or mayor) The Statutory elect legislators at the federal level (members of the house of rep & the senate)
Legislature Is a lawmaking body consisting of members elected to office by the citizenry
Statutes When a federal or state legislature adopts a law (law made by legislatures
Ordinance When a local legislature adopts a law
Common Law The legal rules that evolved, not from statutes but rather from decisions of judges and from custom and practice. (laws made by judges)
Stare Decisis The matter stands decided - The process of following earlier case decision for similiar cases
Precedents A basis for deciding future cases - based on a case decision, Judges are required to follow precedents
Constitutional Law The constitution declares broad principles of law & provide very little detail. The law embodied in the U.S. constitution it delegates powers, it is the sureme law of the u.s.
Administrative Law laws that define the powers, limitations and procedures of administrative agencies
Administrative Agency Is a governmental subdivision charged with administering legislation that appplies to a particular industry. Ex: FDA, OSHA, FCC, etc.
Regulations Laws adopted by administrative agencies
Case Books Decisions of Judges that are customarily written & recorded in books used for legal research. They are published. They are part of the common law.
What 4 elements needed to understand a case? The facts, the issue, the judge's decision & the reasoning supporting the decision
Criminal Law Wrongs against society
Civil Law Wrongs against individuals
Discrimination The act of treating some people different from & less favorably than others, is manifested primarily in 2 circumstances, access to places of public accommodations & employment.
(ACT) Denial of access on the same terms as others to goods, services & facilities
Appellate Judges Review decisions of other judges
What is the objective of a civil lawsuit the compensation for an injury
What is the objective of a criminal case the punishment of the wrongdoer
What is the role of the judge the judge both makes the law in cases where noo precedent or statute exists and interprets the law in cases where a statute applies
Transients People passing through or by a place for only a brief stay or sojourn
Dining Facilities Any restuarant, cafeteria, lunchroom, lunch counter, soda fountain or other facilities engaged in selling food for comsumption on the premises
The Civil Rights Acts of 1964 Called "the Act" outlawed discrimination on the basis of 1- Race, 2- color, 3- religion, 4- national origin & 5 - gender.
Civil Rights The personal rights that derive primarily from the Constitution. These include freedom of speech, freedom of contract, privacy & due process
The 4 places covered by the Act are: 1- Lodging facilities for transients, 2- dining facilities, 3- places of entertainment, 4- gasoline stations
Name some lodgings for transient Any inns, hotels, motels or other establishment which provide lodging to transient guests. YMCA, Trailer Parks, Cottages at beach resorts
Landmark Decision Sets an important precedent sometimes marking a turning point in the interpretation of law
Contracts is an agreement between two or more parties that is enforceable in court. (laws made by individuals)
Torts A violation of a legal duty by one person that causes injury to another. Ex: Negligence, trandemark infringement & fraud.
Negligence breach of a legal duty to act reasonably, often defined as carelessness.
Trademark Infringement use of another company's business name or4 logo without permission.
Fraud An intentionally untruthful statement made to induce reliance by another person.
Remedies in Civil Cases Remedy sought by the injured party in a civil case is damages,meaning money.
What are to 2 main types of damages? Compensatory and Punitive
Compensatory Damages money given to the plaintiff to compensate for injuries
Punitive Damages Also called exemplary damages - money in excess of compensatory damages - it is money awarded to plaintiff to punish or make an example of the defendant.
Theft of service The use of services like a hotel without paying and with the intent of avoiding payment.
ab initio From the beginning (Latin)
Abrogate The destruction, ending, or annulling of a former law
Acceptance An expression of agreement by the offeree to the terms of an offer
Accessory A person who had some part in a crime without being present.
Accessory before the fact A person who, without being present, encourages or helps someone commit a crime.
Accessory after the fact A person who condones a crime by concealing it or the criminal.
Accord and satisfaction Agreement to settle or compromise a claim and satisfactory payment of the amount agreed upon.
Action A lawsuit
Action ex delicto Action arising out of a tort (Latin)
Act of God A happening not controlled by the power of humans, but rahter from the direct, immediate, and exlusive operations of the forces of nature.
Actual notice Notice expressly and directly given to a person
Additur An increase provided by the courts to an award of damegs to the plaintiff
Adduce To offer an example or a reason
Adjudication The legal process of resolving a dispute.
Remedies Under the federal Act, remedies were limited and inclued primarlily injunctive relief and attorney's fees.
Admissible evidence Evidence that is allowed to be used by the triers of fact in a court proceeding.
Adversary system Any system similar to that of the United States, Canada, or England where the udge makes the decisions between opposing parties.
Adverse Opposed to or against one's position or interest
Affidavit A written statement that has been sworn to before an officer who is permitted by law to administer such an oath.
Affirmative defense A defense that introduces new matters that, even if the plainiff's contentions are true, constitute a defense to the complaint
A fortiori With a greater force; said of a conclusion that, as compated with some other, is even more certqain or neccessary
Agency A relationship in which one person ( the agent) acts for another (the principal) based on authority voluntarily given.
Agent A person authorized by a principal to act on the principal's behalf under the principal's direction
Agreement not to compete In the sale of a business, a contractual provision barring the seller from competing with the buyer in the geographical area where the business is locaated for a specified period of time.
Allegation In pleading, that which a person will attempt to prove; an unproven assertion.
Created by: aatiawattpiep