Chapter 1 Introduction to Contemporary Hospitality Law 3 Branches of Government Executive Legislative Judicial What is 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 The common denominator in all of these definitions is that law consists of rules that require people to meet certain standards of conduct and are enforceable in court History of Hospitality Law Based on a very low opinion of innkeepers that was apparently justified by their unethical behavior they were believed to associate with robbers and even to help thieves steal from guests To counteract innkeepers supposed illegal activities early laws pertaining to inns and taverns were stringent and usually favored the guests Sources of Law The Constitution Statutes Common Law also called case law Administrative Law Constitutional Law Constitutional law is the law embodied in the United States Constitution it prescribes the organization of the federal government including the executive legislative and judicial branches and defines the powers of the federal government o The Constitution defines the method by which Congress the primary lawmaking body of the federal government adopts laws Federal government s authority is limited to the delegated powers those powers expressly allocated to the federal government in the Constitution all other authority is left to the states o Example of delegated powers Development of a system of money Regulation of interstate commerce business affecting more than one state as opposed to business done between two parties in the same state The process by which the federal government as well as other units of government adopt laws is called the legislative process The Constitution also authorizes the federal government to enter treaties with other countries some of these treaties affect travel to locations out of the USA The Constitution declares broad principles of law and provides very little detail Statutory Law Statutory law law promulgated by the legislature and generally agreed to by the executive Legislatures are lawmakers elected to office by the citizenry we elect them at the federal level the state level and the local level When federal or state legislators adopt a law it is called a statute When local legislators adopt a law it is called an ordinance Common Law Common law consists of legal rules that have evolved not from statutes but rather from decisions of judges and from customs and practices that obtained their authority from the test of times Comes from court decisions norms from society Louisiana doesn t use English common law A feature of a common law system that distinguishes it from other legal systems is its reliance on case decisions interpretation of the law applied by a judge to a set of facts in a given case o Case decisions then becomes a precedent a basis for deciding future cases o Unless there is a good reason not to follow precedent the judge will decide the later case consistently with the earlier case the process of following earlier cases is called stare decisis Latin for the matter stands decided Plessy B Ferguson separate but equal Brown vs Board of Education equal representation Administrative Law Administrative law refers to laws that define the powers limitations and procedures of administrative agencies Administrative agency is a governmental subdivision charged with administering legislation that applies to a particular industry o Food and Drug administration oversees food and pharmaceutical business o Federal Communications commission oversees the communications broadcasting industry o Consumer Product Safety Commission polices the safety of consumer products Civil and Criminal Law In civil law a wrong usually is done to an individual in criminal law the wrong is considered to be inflicted on society as a whole and involves violation of a criminal statute The objective of a civil lawsuit is compensation for an injury the objective of a criminal case is punishment of a wrongdoer Small claims court up to 5 000 County court up to 15 000 Circuit court over 15 000 Federal courts people from 2 different states damages have to be over 75 000 Party who brings the case plaintiff Party receiving the case defendant In family court party who brings case is petitioner party who receives case is responder Civil Law Contracts o A contract is an agreement between two or more parties that is enforceable in court in one person fails to abide by the agreement the other can sue for breach of contract o Specific performance force someone to do something usually in contract cases Torts o A tort is a violation of a legal duty by one person that causes injury to another included among the various torts are o Negligence which means breach of a legal duty to act reasonably often defined as carelessness o Trademark Infringement which means use of another company s business name of logo without permission o Fraud which is an intentionally untruthful statement made to induce reliance by another person Remedies in Civil Cases o The remedy sought by the injured party in a civil case is damages meaning money two types of damages exist Compensatory damages refers to money awarded to the plaintiff to compensate for injuries Includes past and future out of pocket expenses such as medical bills and lost wages can also include pain and suffering loss of enjoyment of life loss of consortium and loss of services Punitive damages also called exemplary damages is money awarded in excess of compensatory damages Not awarded to a plaintiff for reimbursement of a loss but rather to punish or make an example of the defendant offered in cases where the defendant s wrongful acts are aggravated by violence malice fraud or a similar wrong Crime Law Theft of services the 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 victim s will How to Read a Case The facts circumstances that gave rise to the lawsuit The issue the legal question that the parties have asked the judge to resolve The judge s decision the judge s response to the issue The reasoning supporting the decision the basis and rationale for the decision Chapter 2 Legal Procedures Journey of a Case through the Courts 3 ways to resolve conflicts 1 Grow into lawsuits and be heard in court 2 Settle before or