Hotel, Restaurants, and Travel Law
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| What are the sources of Law | Constitutional Law, Statutory Law, Common Law, Administrative Law
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| Interstate Commerce | Business affecting more than one state, as opposed to business done between two parties in the same state
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| Delegated Powers | Those expressly allocated to the federal government in the constitution
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| Legislative Process | The process by which the federal government as well as other units of government adopt laws
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| 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
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| Congress | The primary lawmaking body of the federal government
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| 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)
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| Legislature | Is a lawmaking body consisting of members elected to office by the citizenry
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| Statutes | When a federal or state legislature adopts a law (law made by legislatures
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| Ordinance | When a local legislature adopts a law
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| 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)
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| Stare Decisis | The matter stands decided - The process of following earlier case decision for similiar cases
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| Precedents | A basis for deciding future cases - based on a case decision, Judges are required to follow precedents
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| 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.
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| Administrative Law | laws that define the powers, limitations and procedures of administrative agencies
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| Administrative Agency | Is a governmental subdivision charged with administering legislation that appplies to a particular industry. Ex: FDA, OSHA, FCC, etc.
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| Regulations | Laws adopted by administrative agencies
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| 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.
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| What 4 elements needed to understand a case? | The facts, the issue, the judge's decision & the reasoning supporting the decision
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| Criminal Law | Wrongs against society
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| Civil Law | Wrongs against individuals
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| 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.
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| (ACT) | Denial of access on the same terms as others to goods, services & facilities
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| Appellate Judges | Review decisions of other judges
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| What is the objective of a civil lawsuit | the compensation for an injury
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| What is the objective of a criminal case | the punishment of the wrongdoer
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| 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
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| Transients | People passing through or by a place for only a brief stay or sojourn
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| Dining Facilities | Any restuarant, cafeteria, lunchroom, lunch counter, soda fountain or other facilities engaged in selling food for comsumption on the premises
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| 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.
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| Civil Rights | The personal rights that derive primarily from the Constitution. These include freedom of speech, freedom of contract, privacy & due process
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| The 4 places covered by the Act are: | 1- Lodging facilities for transients, 2- dining facilities, 3- places of entertainment, 4- gasoline stations
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| 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
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| Landmark Decision | Sets an important precedent sometimes marking a turning point in the interpretation of law
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| Contracts | is an agreement between two or more parties that is enforceable in court. (laws made by individuals)
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| Torts | A violation of a legal duty by one person that causes injury to another. Ex: Negligence, trandemark infringement & fraud.
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| Negligence | breach of a legal duty to act reasonably, often defined as carelessness.
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| Trademark Infringement | use of another company's business name or4 logo without permission.
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| Fraud | An intentionally untruthful statement made to induce reliance by another person.
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| Remedies in Civil Cases | Remedy sought by the injured party in a civil case is damages,meaning money.
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| What are to 2 main types of damages? | Compensatory and Punitive
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| Compensatory Damages | money given to the plaintiff to compensate for injuries
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| 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.
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| Theft of service | The use of services like a hotel without paying and with the intent of avoiding payment.
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| ab initio | From the beginning (Latin)
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| Abrogate | The destruction, ending, or annulling of a former law
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| Acceptance | An expression of agreement by the offeree to the terms of an offer
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| Accessory | A person who had some part in a crime without being present.
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| Accessory before the fact | A person who, without being present, encourages or helps someone commit a crime.
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| Accessory after the fact | A person who condones a crime by concealing it or the criminal.
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| Accord and satisfaction | Agreement to settle or compromise a claim and satisfactory payment of the amount agreed upon.
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| Action | A lawsuit
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| Action ex delicto | Action arising out of a tort (Latin)
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| 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.
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| Actual notice | Notice expressly and directly given to a person
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| Additur | An increase provided by the courts to an award of damegs to the plaintiff
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| Adduce | To offer an example or a reason
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| Adjudication | The legal process of resolving a dispute.
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| Remedies | Under the federal Act, remedies were limited and inclued primarlily injunctive relief and attorney's fees.
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| Admissible evidence | Evidence that is allowed to be used by the triers of fact in a court proceeding.
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| Adversary system | Any system similar to that of the United States, Canada, or England where the udge makes the decisions between opposing parties.
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| Adverse | Opposed to or against one's position or interest
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| Affidavit | A written statement that has been sworn to before an officer who is permitted by law to administer such an oath.
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| Affirmative defense | A defense that introduces new matters that, even if the plainiff's contentions are true, constitute a defense to the complaint
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| A fortiori | With a greater force; said of a conclusion that, as compated with some other, is even more certqain or neccessary
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| Agency | A relationship in which one person ( the agent) acts for another (the principal) based on authority voluntarily given.
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| Agent | A person authorized by a principal to act on the principal's behalf under the principal's direction
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| 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.
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| Allegation | In pleading, that which a person will attempt to prove; an unproven assertion.
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