Hospitality Law Study Guide Test 1 Ch 1 3 A History of Hospitality Law o 14th and 15th Century English innkeepers were associated with robbers and helped thieves steal from guests To counteract innkeepers supposed illegal activities early laws pertaining to inns and taverns became strict and favored guests o Innkeepers in these centuries also had little competition and were able to take advantage of the situation Monopoly The law was guests primary protection B Interstate Commerce vs Intrastate Commerce o Interstate commerce is business affecting more than one state o Intrastate commerce is business done between two parties in the same state C The Role of a Judge D State Court o Judge both makes the law in cases where no precedent or statute exists and interprets the law in cases where the statute applies o State court systems include courts of original jurisdiction because they are the first courts to hear and decide a case and courts of appeal The losing party in a case that has been decided by a state supreme court can seek review by the US Supreme Court the highest court in the country o State Trial Courts Intermediate State Appellate Courts State Supreme Court the highest level appellate court E Federal Court o Federal courts hear two categories of cases 1 those dealing with federal questions and 2 those involving diversity of citizenship and a minimum of 75 000 in controversy o Bankruptcy Courts District Courts District Courts Courts of Appeal United States Supreme Court F Civil vs Criminal Law I Civil o Done to an individual o Lawsuit is compensation for an injury o Person suing vs Person being sued o Person who is suing hires and pays for his her own lawyer II Criminal o Wrong was inflicted upon society as a whole o Lawsuit to punish wrongdoer o Society vs Person being sued criminal o Society is represented by a lawyer district attorney prosecutor that is paid for by the government o Examples of criminal violations theft assault rape G Torts 1 o A violation of a legal duty by one person that causes injury to another Example of Civil Law i ii iii I II Negligence Breach of a legal duty to act reasonably often defined as carelessness Trademark infringement Use of another company s name or logo without permission Fraud Intentionally untruthful statement made to induce reliance by another person Compensatory Damages Money rewarded to the plaintiff to compensate for injuries Punitive Exemplary Damages Money awarded to punish or make an example of the defendant H Remedies in Civil Cases Damages o Identify the facts The issue The judge s decision The reasoning supporting his her I How to Read Cases decision o Judges always want people to settle their cases J Plaintiff vs Defendant i ii K Discovery Plaintiff is the party who initiates the lawsuit The defendant is being sued by the plaintiff o Discovery is the process by which each side obtains evidence known to the other side Interrogatories Written questions Deposition Oral questions Inspection of physical evidence Review of documented evidence from witnesses i ii iii iv v Mental physical examination of the parties L File complaint serve file response answer or motion to dismiss o Motion to dismiss Complaint itself is defective because their complaint is defective and it doesn t have all of the elements of how it should ve been pleaded Will either dismiss it with prejudice meaning that the case cannot be brought up again and that they have won rarely happens or will dismiss without prejudice can file the complaint again but in the right way M Trial 1 Selection of the jury Voir dire Examination of the jurors Prior to the date of the trial potential jurors are randomly selected Judges and lawyers ask jurors questions and are eliminated For Cause juror expresses an inability to render an impartial verdict because of bias 2 Peremptory challenges Plaintiff or defendant dismisses the juror because they feel uneasy about them 2 Opening statements 3 Plaintiff s case in chief 4 Defendant s case in chief 5 Plaintiff s case in rebuttal 6 Summation closing statements 7 8 9 Verdict Jury s decision 10 Judgment Judge s official decision about the rights and claims of each side of the Judge s charge to the jury Judge informs jury of the laws applicable to the case Jury s deliberations Jury s long discussion over the elements of the case lawsuit Motions may be made such as Judgment notwithstanding the verdict which is an order from the judge reversing the jury s decision rare Remittur Claiming that the judge gave the plaintiff too much N Alternative Dispute Resolution ADR Alternative means of trial in civil cases Quicker less formal less expensive than a trial Examples Arbitration or Mediation o Arbitration informal case in front of an objective third party Their decision is final o Mediation Discussion and negotiations between parties in an informal setting There does not have to be a final decision made by the mediator the mediator helps both parties to come to an agreement Impasse Didn t settle in mediation O Misdemeanor Tried in lowest local court ex Municipal and is a lesser crime punished by a fine up to one year in county jail P Felony Tried under federal law Punishable by over one year in federal prison or death Q Small Claims Court A forum that dispenses with formal rules of evidence and procedure that govern trials in other courts R Appellate Court courts that hear appeals Different from trial courts there are no juries may have 3 9 judges the vote of a majority of these judges is necessary in order to reverse the results of the original trial The appellate court may affirm the decision of the lower court in which case the judgment stands reverse the decision of the lower court and order a new trial or order that the case be dismissed Each party has the right to appeal to at least one appellate court S The Civil Rights Act of 1964 i ii The Act outlaws discrimination on the basis of four protected classes 1 race 2 color 3 religion and 4 national origin To be illegal under the Act the discrimination must occur in one of four types of establishments and then only if the facility is engaged in interstate commerce The four places covered are lodging establishments for transients dining facilities places of entertainment and gas stations Interstate commerce is business transactions between people or companies from two or more states This is because Congress can only pass laws that address the delegated powers and one of which is interstate