3 Branches of Gov.1. Executive2. Legislative3. JudicialLaw1. Body of Rules which ppl must conduct themselves to2. Social Control3. Judges use to settle disputesall require ppl to meet standards of conduct*Safe place for patrons, but they have to pay you*Hotels used criminals to steal from their customers4 Sources of Law1. Constitutional2.Statutory3.Common4.AdminstrativeConstitutional  federal law- development of $ systemFederal Law- Regulates interstate commerce (2 or more states)Federal enters treaties w/ other country’s gov. –air travelConstitution borad/ little detail- arguableStatutory  6 books from legislators, all guidelines, can be local ordinancesCommon Law: comes from COURT decisionsNorm from over the yearsLouisiana: doesn’t go by English common law....they go by French and SpanishPrecedents: how judges make their decisions , based decisions from prior rulingsStare Decisis: The Matter stands decided-Plessy B. Ferguson: separate but equalBrown vs. Board of Edu. Equal representationReversed Plessy  precedent can changeAdministrative Law DBPR: admin agencyFCC: admin agencyProducts agency: admin agency2 types of courts: CIVIL AND CRIMINALCivil: wrong done to individual  $ objective for specific performanceCriminal: involves society as a whole objective is punishment5k – civil court – SMALL CLAIMS probait- a will –(civil circuit)15k- County court15k+- circuit court (family matters)-Criminal  county misdeameanor – jail one year .. 1k finefelony  go to prisonPlantiff: person who suesDefendant: person who is suedYou can look to other states for precedentBreach of contract: civil lawsuitTorts: person injured in tort sues-plantiffNegligence  carelessnessTrademark infringementFraud: intentional untrue statementRemedy in civil cases - $$$$$$$Punitive damages (Exemplary )Specific performance: force someone to do something. Usually in contract cases.Experts say what you want them to say:Theft of services: leave a hotelAssaultRapeHow to read a case, 4 Elements1. Facts2. Issues3. The judges decision4. The reasoning behind the decision95% cases settlemost settle after discovery* To understand casePlantiff- ImmorminoDefendant- McDonaldsComplaint deemed to be truePro se  representing yourself2 JurisdictionsSubject Matter and Inpersonam*Federal Jurisdiction:ConstitutionFederal TreatyFederal LawPAGE 21***State Trial Courts  intermediate state appellate courts state supreme courts (highest level)Basis for claim usually for $ - injunction or specific reliefFederal Court System District CourtsCourt of AppealsU.S. Supreme Court (biggest)** Judge can dismiss the case WITH PREJUDICECAN NEVER FILE IT AGAIN** Dismissed W/out PrejudiceCan refile and come back againAnswer: admit;deny; or w/out knowledgeGo through each paragraph & admit or deny itDefenses: affirmative defenses; dirty hands; time to sueCounter Claim: you sue me, I sue youCross claim: turn on someone on your side3rd party: bring someone else inPleadingsComplaintAnswerReply** 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 discovery1. Interrogatories  written questions to the other side.. Party answers not attorney2. Depostions- Oral questions on tape then on paper, -party-witness3. Review of Documents4. Inspection of Physical Evidence5. Mental or physical condition of one of the partiesRequest admission- request for productionPretrial ConferenceMediation  you have to go through in FloridaTrials* 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 hear)Arbitration: pay/hr. LESS STRICTInformal hearing you usually can’t appeal it.Arbitrators rule standsMediation: can’t impose a decision3rd neutral party tries to come up w/ a settlementcontinues if you cant, NOT for criminalAlternative dispute resolution NOT quicker and cheaperdenying access to goods, services, facilities,& accommodations over othersno money under civil rightsget injunctive relief  preventing future wrongsKorean restaurant: dismissed w/ prejudice ..GOES away!Poor customer service not coveredFederal CRARace HotelsColor RestaurantsReligion Place of EntertainmentNational Origin Gas StationWill it go forward ^ Protected Classes ..Interstate CommerceNeed one from each categoryNational 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 discriminationReligious 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 shopsif part of the original 4 places it falls under the act. If bar in Hotel-Would a barber in a Hotel under the CRA- YesExempt 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 publicPrivate-under act doesn’t coverPublic-= discriminationWon’t ask for names of specific casesMore covered under state statuteCivil Rights: can’t get damages, can get attorney’ fees & injunctionADA61 sec. paragraphIf it alters nature of the business: you can get awayAuxiliary Aids: does it alter the goods and services offeredPage 64- modify an existing buildingPrivate Lawsuit: If I’m being discriminated against. Injunction no damagesDepartment of Justice (attorney general): affect a lot of peopleDamages can be givenAge DiscriminationNot covered, do whatever you want..Gender DiscriminationStates covered. Not federalRights of ProprietorsBarefoot in my store.. I can kick you outBrutalitoryYou sued me now don’t come in my restaurant..legalDon’t learn case namesKnow diff. b/w state and fed courtsDiff/ level of courts-Small claims, county, civilHow they’re relatedStatutory laws, local ordinances how they effect hospitalityCivil vs. CriminalNegligencesTorts, misdemeanors, pheloniesWhich cases are in state and federal courtAppellate, countyWhy hospitality law beganWhat do judges base decisions onParties in law suitPetitioner, defendant,