Welcome to Hospitality Law and Ethics
What is Law?
  • rules enforceable in court that require a people to meet certain standards of conduct
  • the balancing of rights and duties
  • law is dynamic  (i.e., it is always evolving, adjusts to societal norms, does not have clear cut rules, varies from state to state, and reasonable people often disagree on the interpretation)
Sources of Law
  • Constitutional
    • embodied in the Constitution
    • delegated powers
  • Statutory
    • laws passed by legislators  (statute; ordinance)
  • Common
    • evolves from decisions of judges and courts over the years
    • stare decisis = the matter stands decided  (i.e., the process of following earlier cases)
    • precedent = a court decision that becomes a basis for deciding future cases
    • originated in England
  • Administrative
    • impact administrative agencies
    • regulations
Law Classification
 
Civil Criminal
wrong done to an individual wrong done to society
objective is compensation
   - compensatory
   - punitive
objective is punishment
   - jail, fines, death
   - community service
the person suing hires and pays for the lawyer society is represented by a lawyer paid for by the government
examples
   - contracts
   - torts  (e.g., negligence, fraud)
examples:
   - theft of services
   - assault, rape
Reading and Analyzing a Legal Case
  • The Issue
    • the legal question to be answered
  • The Facts
    • the circumstances that give rise to the lawsuit
  • The Judge's Decision
    • the response to the legal question
  • The Reasoning Supporting the Decision
    • the basis and rationale for the decision


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this page is maintained by Reed Fisher
last updated January 15, 2011