HFT 3603 – Rosen College Hosp. Law
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If fewer than the necessary number of jurors are in agreement, the jury is what?
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Hung
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A diner sued a restaurant, claiming the food was rancid and made her sick. The restaurant intends to deny these claims and seek payment from the diner for the cost of the meal, which the diner refused to pay. The document in which the restaurant would assert this claim is:
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The Answer
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Most cases end up at trial. T/F?
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False
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A ruling that the amount of money awarded by the jury is unreasonable is called?
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remittitiur
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Hannah purchased airline tickets to Las Vegas online. Prior to completing the purchase she was required to initial a statement that said she had read the applicable rules and re- strictions and she agreed with them. The rules were readily available for her to review by clicking on an icon. Hannah initials the statement without reading the rules, is she bound by them? Why or why not?
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Yes. If she initialed the statement, she in essence has said that she has read and accepted all rules. The courts will have no way to know if she actually read them or not.
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How is a lawsuit begun?
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By serving or filing a complaint and a summons
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What is contained in a complaint?
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- A statement showing the jurisdiction of the court - Details about why the plaintiff is suing the defendant - A claim for relief (usually a request for money)
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What happens if the defendant doesn't respond to the complaint?
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The defendant loses the case by default. The plaintiff is entitled to a default judgment that is a court order summarily declaring the plaintiff the winner of the lawsuit due to the defendants failure to defend.
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What is a motion? Name 2 types of motions that might be made during trial?
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A motion is a request to a judge for relief that is made while a lawsuit is ongoing. Motions may consist of a request for an extension on time, a request to clarify allegations in the complaint, or for a dismissal of the lawsuit because the court lacks jurisdiction.
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Name 2 differences between a trial and an appellate court hearing.
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One difference is that the appellate courts do not contain a jury. Another difference is that unlike a trial court where there is one judge, an appellate court has a panel of 3 to 9 judges.
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Why did Congress pass the Civil Rights Act of 1964?
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The purpose of the act was to end discrimination in hospitality facilities open to the public, thereby reducing the unfairness and humiliation for blacks who wished to dine out or travel.
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Who is protected by the Civil Rights Act of 1964?
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The act protects race, color, religion, and national origin. The four places that are protected are lodging establishments for transients, dining facilities, places of entertainment; and gasoline stations.
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What remedies are available to a plaintiff suing for a violation of the act?
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The remedies include injuctive relief and attorney's fees. Money is one of the most important remedies, as the plaintiff can receive money from the defendant for damages.
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Identify three differences between the Act and state civil rights laws?
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The state laws include within their coverage that are purely intrastate which means businesses not involved in interstate commerce. The Civil Rights Act of 1964 applies only to businesses engaged in interstate commerce. Also, while the Act applies only to lodging facilities, dining facilities, gasoline stations, and "places of entertainment," most state laws encompass a large number of additional "places of public accommodation." The Act originally protected race, color, religion, and national origin. The state statutes expanded the categories of protected classes and most of the time include marital status and disability.
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What is a restaurant required to do under the Americans with Disabilities Act to remove barriers to accessibility?
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A restaurant cannot place all wheelchair-accessible tables in an isolated corner of the dining room. They must instead be placed throughout the dining area.
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What are the six essential elements of a contract?
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Constractual Capacity Mutuality Legality Consideration Proper form Genuine assent
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Name three types of contracts that are unenforceable unless they are in writing.
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1. contracts for the purchase and sale of real property, which includes land and buildings. 2. contracts that cannot be completed within one year from when they are made. 3. contracts for the sale of goods ( moveable, tangible objects, not services in excess of $500.
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Which of the following types of damages will a plaintiff in a breach of contract case be able to recover? Speak to each, why or why not? A. Lost Profits B. Pain & Suffering C. Punitive damages
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A) The non-breaching party is able to receive compensation for any lost profits that the breaching party would have paid out in the term of the contract. B) The non-breaching party may not be entitled to receive pain and suffering compensation. If there was pain and suffering due to breach of contract, there must be proof that this breach caused legitimate pain and suffering. C) If the non-breaching party is trying to collect damages for breach of contract they must prove that the damages were forseeable to the breaching party. Punitive damages is not something often given in cases of breach of contract.
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List eight items that should be included in a catering contract?
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Name and addresses of the restaurant and the customer - The date of the affair - The location at which the food will be served - The shape and arrangement of the tables - The type of flatware to be used - The type of service ordered ( buffet or sit-down) - The menu it its entirety - Cancellation policy, including any penalties that will be charged
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What is an agreement not to compete?
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A provision barring the seller from competing in the same geographical area for a specified period of time.
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What is a Tort?
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A civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act.
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Name two differences between civil and criminal law
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-In Civil Law a wrong usually is done to an individual and in Criminal Law the wrong is considered to be inflicted on society as a whole. -The objective of a civil lawsuit is compensation for an injury in criminal its punishment of a wrongdoer.
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Under what circumstances can a judge deviate from stare decisis?
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if a prior decision is no longer appropriate, judge made a bad decision, or societal forces have changed
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When reading a case, what are the four elements to look for?
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The name of the case and its parties, what it disputes, the applied rule of law, the reason for holding.
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What is Law?
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The principles and regulations that are put into place by an authority and enforced by the imposition of penalties.
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Name three types of Torts.
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Negligence Fraud Trademark Infringement
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List the Bill of Rights
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1. Freedom of religion, speech, and the press. 2. The right to bear arms 3. The housing of soldiers 4. Protection from unreasonable searches and seizures 5. Protection of rights to life, liberty and property 6. Rights of accused persons in criminal cases 7. Rights of Civil cases 8. Excessive bail, fines, and punishments forbidden 9. Other rights kept by the people 10. Undelegated powers kept by states and the people
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List the 7 titles of the Civil Rights Act of 1964
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I. Voting II. Public accommodations III. Governments, public facilitates IV. Enforcement, desegregation of schools V. Civil Rights commission VI. Federal agencies VII. Employment
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Capacity to contract
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the ability both to understand the terms of the contract and to appreciate that failure to perform its terms can lead to legal liability.
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Antitrust laws
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laws that restrict limitations on competition
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"Pleadings" - list 3 parts
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1. complaint 2. answer 3. reply
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What is an unenforceable contract?
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Is unenforceable in court of law because the contract has ambiguous terms, if one party has voidable contract, or if statute of limitations has expired.
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What is an administrative agency?
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Are law making bodies with limited powers delegated by congress. They specialize in specific issues that require expertise.
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What does the complaint list?
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1. Jurisdiction of the court 2. Why the plaintiff is suing 3. A claim for relief (usually a request for money)
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What is Criminal Law?
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A system of law concerned with the punishment of those who commit crimes
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What is Statute of Fraud?
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This law prevents fraud by requiring a contract to be in writing
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What is legal positivism?
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is a philosophy of law that emphasizes the conventional nature of law—that it is socially constructed
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What is the definition of the U.S. Constitution?
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Drafted by the Constitutional Convention - A document that embodies the fundamental laws and principles by which the United States is governed.
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Definition of assault?
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An intentional act by one person that creates an concern in another of an imminent harmful or offensive contact
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Minors
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Contracts are voidable due to lack of contractual capacity since they are not yet 18 (19 - 21 in some states) they are seen as mentally incompetent.
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In civil lawsuits the plaintiff must prove these 3 things:
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1. The defendant violated the law 2. The plaintiff suffered an injury or loss 3. The cause of plaintiff's injury or loss was the defendant's violation of the law
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What is a diversity case?
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A federal court's power to hear any case where the amount in controversy exceeds $75,000 and no plaintiff shares a state of citizenship with any defendan
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What is the Parol Evidence Rule?
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To ensure that terms of an agreement are all in writing and cannot be enforced if oral agreement was made prior to signing contract.
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Types of Equitable interest :
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1. Reformation 2. Specific performance 3. Injuction
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What is Common law?
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Legal rules that have evolved not from statutes but rather form decisions of judges and from customs and practices that obtained their precedent through the test of time.
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What are the 4 elements of Negligence?
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duty, breach, cause, and damages
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What are Compensatory damages?
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medical, lost wages, pain and suffering
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What is law?
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Body of rules to which people must conform their conduct.
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What is alternative dispute resolution?
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arbitration - not to be appealed
