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Hospitality Law
Hotel, Restaurants, and Travel Law
| Question | Answer |
|---|---|
| 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. |
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