HFT3603 – Hospitality Law Exam 1 Study GuideLaw - 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 courtConstitutional law - law embodied in the U.S. Constitution; defines the powers of the federal governmentDelegated powers - powers expressly allocated to the federal government in the ConstitutionInterstate commerce - business affecting more than one stateLegislative process - process by which federal government adopts lawsCongress - primary lawmaking body of the federal governmentStatutory law - law promulgated by the legislature and generally agreed to by the executiveLegislators - lawmakers elected to office by the citizenrystatute - when federal or state legislators adopt a law, that law becomes thisordinance - when local legislators adopt a law, that law is called thiscommon 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 timecase 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 casesstare 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 agenciescivil law - wrongdoing is done to an individual; objective is compensation for an injurycriminal law - wrong is considered to be inflicted on society as a whole; objective is punishment of a wrongdoercontract - an agreement between two or more parties that is enforceable in courtNegligence - breach of a legal duty to act reasonably, often defined as carelessness; a torttrademark infringement - use of another company's business name or logo without permission; a tortfraud - intentionally untruthful statement made to induce reliance by another person; a tortpunitive damages - also called exemplary damages. money awarded in excess of compensatory damagescompensatory damages - money awarded to the plaintiff to compensate for injuriesdamages - remedy sought by the injured party in a civil casetheft 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 willprobation - system whereby criminal offenders remain out of jail but are supervised by a probation officercases - A judges' written decisioncasebooks - the books in which cases are publishedfacts - circumstances that give rise to lawsuitsissue - the legal question that the parties have asked the judge to resolvedecision - the judge's response to the issuereasoning - basis and rationale for the decisionclaim - demand for a remedy, usually money, to compensate for a perceived wrongparties - individuals engaged in a conflictlitigants - another word for the 'parties' in a caseplaintiff - party who initiates the lawsuitdefendant - the party that the plaintiff suescomplaint - document issued by the plaintiff that contains allegationsallegations - unproven statements that constitute one or more claims against the defendantjurisdiction - authority of a court to hear a casesubject 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 statediversity 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 courtsummons - document ordering the defendant to appear and defend the allegations made against himservice of process - delivery of the summons and complaint to the defendantdefault judgment - a court order summarily declaring the plaintiff the winner of the lawsuit to thedefendant's failure to defendmotion - 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 plaintiffreply - must be issued by the plaintiff ONLY if the answer contains a counterclaimpleadings - The complaint, the answer, and the replymotion for summary judgement - asks the judge to decide the case in favor of the moving party without the need for a trialdiscovery - the process by which each side obtains evidence known to the other sideinterrogatories - written questions during discovery phasedeposition - oral questions during discovery phasesettlement - resolution of dispute without a trial; 96% of lawsuits settle before trialtrial - Process in which the parties present evidence and the judge or jury decides the issuesvoir dire - process of examining prospective jurorsfor 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 causeopening statement - presentation to the jury outlining the proof a lawyer expects to present during the trialdirect examination - The party who calls a witness questions that person firstcross examination - opposing counsel questions the same witness in direct examinationredirect examination - once cross examination is over, the party who originally called the witnessmay ask additional questions, after which the opposing party will have the opportunity to recrosscase-in-chief - part of a trial where each party presents his evidencerebuttal - evidence presented by the plaintiff after the defendant has concluded their