HFT3603 Hospitality Law Exam 1 Study Guide Law a body of rules to which people must conform their conduct a form of social control a set of rules used by judges in deciding disputes consists of rules that require people to meet certain standards of conduct and are enforceable in court Constitutional law law embodied in the U S Constitution defines the powers of the federal government Delegated powers powers expressly allocated to the federal government in the Constitution Interstate commerce business affecting more than one state Legislative process process by which federal government adopts laws Congress primary lawmaking body of the federal government Statutory law law promulgated by the legislature and generally agreed to by the executive Legislators lawmakers elected to office by the citizenry statute when federal or state legislators adopt a law that law becomes this ordinance when local legislators adopt a law that law is called this common law legal rules that have evolved not from statutes but rather decisions of judges and from customs and practices that obtained their authority from the test of time case decision an interpretation of the law applied by a judge to a set of facts in a given case precedent a basis for deciding future cases stare decisis Process of following earlier cases Latin for the matter stands decided administrative law refers to laws that define the powers limitations and procedures of administrative agencies Administrative agency governmental subdivision charged with administering legislation that applies to a particular industry ex FDA FCC regulation Laws adopted by administrative agencies civil law wrongdoing is done to an individual objective is compensation for an injury criminal law wrong is considered to be inflicted on society as a whole objective is punishment of a wrongdoer contract an agreement between two or more parties that is enforceable in court Negligence breach of a legal duty to act reasonably often defined as carelessness a tort trademark infringement use of another company s business name or logo without permission a tort fraud intentionally untruthful statement made to induce reliance by another person a tort punitive damages also called exemplary damages money awarded in excess of compensatory damages compensatory damages money awarded to the plaintiff to compensate for injuries damages remedy sought by the injured party in a civil case theft of services use of services such as a hotel room without paying and with the intent of avoiding payment assault intentionally causing physical injury to another person rape forcible sexual intercourse against the victims will probation system whereby criminal offenders remain out of jail but are supervised by a probation officer cases A judges written decision casebooks the books in which cases are published facts circumstances that give rise to lawsuits issue the legal question that the parties have asked the judge to resolve decision the judge s response to the issue reasoning basis and rationale for the decision claim demand for a remedy usually money to compensate for a perceived wrong parties individuals engaged in a conflict litigants another word for the parties in a case plaintiff party who initiates the lawsuit defendant the party that the plaintiff sues complaint document issued by the plaintiff that contains allegations allegations unproven statements that constitute one or more claims against the defendant jurisdiction authority of a court to hear a case subject matter jurisdiction court s power to decide cases of a particular category Ex bankruptcy courts can decide cases involving only bankruptcy in personam jurisdiction authority of a court over the defendant defendant must either be a resident of the state or have significant contracts with the state diversity of citizenship plaintiff and defendant are from different states or one is from a different country and the amount of money in controversy exceeds 75 000 can be heard by a federal court summons document ordering the defendant to appear and defend the allegations made against him service of process delivery of the summons and complaint to the defendant default judgment a court order summarily declaring the plaintiff the winner of the lawsuit to the defendant s failure to defend motion request to a judge for relief that is made while a lawsuit is ongoing ex request for an extension of time request to clarify allegations request for dismissal of lawsuit because court lacks jurisdiction answer admits or denies the allegations made by the plaintiff in the complaint sets forth any defenses the defendant may have to the plaintiff s claim states any claims the defendant may have against the plaintiff counterclaim counterclaims any claims the defendant may have against the plaintiff reply must be issued by the plaintiff ONLY if the answer contains a counterclaim pleadings The complaint the answer and the reply motion for summary judgement asks the judge to decide the case in favor of the moving party without the need for a trial discovery the process by which each side obtains evidence known to the other side interrogatories written questions during discovery phase deposition oral questions during discovery phase settlement resolution of dispute without a trial 96 of lawsuits settle before trial trial Process in which the parties present evidence and the judge or jury decides the issues voir dire process of examining prospective jurors for cause applies when a juror is dismissed b c of inability to render an impartial verdict based on prior knowledge of the parties or the facts in the case bias etc peremptory challenges dismissal of potential jurors without a stated cause opening statement presentation to the jury outlining the proof a lawyer expects to present during the trial direct examination The party who calls a witness questions that person first cross examination opposing counsel questions the same witness in direct examination redirect examination once cross examination is over the party who originally called the witness may ask additional questions after which the opposing party will have the opportunity to recross case in chief part of a trial where each party presents his evidence rebuttal evidence presented by the plaintiff after the defendant has concluded their case summations the attorneys summarize the case for the jury also known as closing statements charge to the jury after summations the judge informs