02 02 2014 LAW TEST 1 3 Branches of Gov 1 Executive 2 Legislative 3 Judicial Law 4 Sources of Law 1 Constitutional 2 Statutory 3 Common 4 Adminstrative 1 Body of Rules which ppl must conduct themselves to 2 Social Control 3 Judges use to settle disputes all require ppl to meet standards of conduct Safe place for patrons but they have to pay you Hotels used criminals to steal from their customers Constitutional federal law development of system Federal Law Regulates interstate commerce 2 or more states Federal enters treaties w other country s gov air travel Constitution borad little detail arguable Statutory 6 books from legislators all guidelines can be local ordinances Common Law comes from COURT decisions Norm from over the years Louisiana doesn t go by English common law they go by French and Spanish Precedents how judges make their decisions based decisions from prior rulings Stare Decisis The Matter stands decided Plessy B Ferguson separate but equal Brown vs Board of Edu Equal representation Reversed Plessy precedent can change Administrative Law DBPR admin agency FCC admin agency Products agency admin agency 2 types of courts CIVIL AND CRIMINAL Civil wrong done to individual objective for specific performance Criminal involves society as a whole objective is punishment 5k civil court SMALL CLAIMS probait a will civil circuit 15k County court 15k circuit court family matters Criminal county misdeameanor jail one year 1k fine felony go to prison Plantiff person who sues Defendant person who is sued You can look to other states for precedent Specific performance force someone to do something Usually in contract Breach of contract civil lawsuit Torts person injured in tort sues plantiff Negligence carelessness Trademark infringement Fraud intentional untrue statement Remedy in civil cases Punitive damages Exemplary Experts say what you want them to say Theft of services leave a hotel How to read a case 4 Elements cases Assault Rape 1 Facts 2 Issues 3 The judges decision 4 The reasoning behind the decision Chapter 2 Journey of Cases Through Court 02 02 2014 95 cases settle most settle after discovery To understand case Plantiff Immormino Defendant McDonalds Complaint deemed to be true Pro se representing yourself 2 Jurisdictions Subject Matter and Inpersonam Federal Jurisdiction Constitution Federal Treaty Federal Law PAGE 21 State Trial Courts intermediate state appellate courts state supreme courts highest level Basis for claim usually for injunction or specific relief Federal Court System District Courts Court of Appeals U S Supreme Court biggest Judge can dismiss the case WITH PREJUDICE CAN NEVER FILE IT AGAIN Dismissed W out Prejudice Can refile and come back again Answer admit deny or w out knowledge Go through each paragraph admit or deny it Defenses affirmative defenses dirty hands time to sue Counter Claim you sue me I sue you Cross claim turn on someone on your side 3rd party bring someone else in Pleadings Complaint Answer Reply Motion for Summary Judgment no witnesses no disputed facts everyone agrees with what happened how law will then rule ask judge to rule based on what law is Different types of discovery 1 Interrogatories written questions to the other side Party answers not attorney 2 Depostions Oral questions on tape then on paper party witness 3 Review of Documents 4 Inspection of Physical Evidence 5 Mental or physical condition of one of the parties Request admission request for production Pretrial Conference Mediation you have to go through in Florida Bench Trial trial by judge Jury Trial if one side wants jury you have to do it Voir dire When judge attorneys ask potential questions to see and Trials hear Arbitration pay hr LESS STRICT Informal hearing you usually can t appeal it Arbitrators rule stands Mediation can t impose a decision 3rd neutral party tries to come up w a settlement continues if you cant NOT for criminal Alternative dispute resolution NOT quicker and cheaper Chapter 3 Civil Rights 02 02 2014 denying access to goods services facilities accommodations over others no money under civil rights get injunctive relief preventing future wrongs Korean restaurant dismissed w prejudice GOES away Poor customer service not covered Federal CRA Race Hotels Color Restaurants Religion Place of Entertainment National Origin Gas Station Will it go forward Protected Classes Interstate Commerce Need one from each category National Origin Discrimination Religious group Falloon Dong hotel rooms in Houston on pg 49 China booked rooms but were walked find you another place Comparable They weren t the only ones who were walked So it was dismissed Language too Part of national discrimination Religious case Golf tournament Church of Latter Day Saints Not allowed to play on Sunday they had a legitimate business purpose economic purpose Unitary Rule More places bars universities stores barber shops if part of the original 4 places it falls under the act If bar in Hotel Would a barber in a Hotel under the CRA Yes Exempt Estb Do NOT fall under Federal CRA landlord tenant Mrs Murphy s Bed Breakfast owner has to live there too 5 or fewer rooms to be exempt Pg 52 what they look for in Private Club the easier it is to get into more Private under act doesn t cover Public discrimination Won t ask for names of specific cases More covered under state statute public ADA Civil Rights can t get damages can get attorney fees injunction 61 sec paragraph If it alters nature of the business you can get away Auxiliary Aids does it alter the goods and services offered Page 64 modify an existing building Private Lawsuit If I m being discriminated against Injunction no damages Department of Justice attorney general affect a lot of people Damages can be given Age Discrimination Not covered do whatever you want Gender Discrimination States covered Not federal Rights of Proprietors Barefoot in my store I can kick you out Brutalitory You sued me now don t come in my restaurant legal Don t learn case names 02 02 2014 Statutory laws local ordinances how they effect hospitality Know diff b w state and fed courts Diff level of courts Small claims county civil How they re related Civil vs Criminal Negligences Torts misdemeanors phelonies Which cases are in state and federal court Appellate county Why hospitality law began What do judges base decisions on Parties in law suit Petitioner defendant plantiff etc How juries are selected How judges work towards settlement and through court system