Hospitality Management Law
Hospitality Management Law HRT 240
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This 9 page Class Notes was uploaded by Lon Ledner on Saturday October 3, 2015. The Class Notes belongs to HRT 240 at California State Polytechnic University taught by Edward Perez in Fall. Since its upload, it has received 20 views. For similar materials see /class/218303/hrt-240-california-state-polytechnic-university in Business, management at California State Polytechnic University.
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Date Created: 10/03/15
Civil Rights Discriminationact of treating some people different from and less favorably than others 1 Access to places of public accommodation 2 Employment Place of public accommodation Civil rightspersonal rights that derive primarily from the Constitution including freedom of speech freedom of contract privacy due process 1964 Civil rights Actcant discriminate due to 1 Race 2 Color 3 Religion 4 National origin 5 Gender To be illegal under Act discrimination must occur in one of the 4 types of establishments only if facility is engaged in interstate commerce Lodging establishments for transients as opposed to apartment buildings Dining facilities Places of entertainment Gasoline stations Unitary ruleif a covered facility is located within a noncovered business or vice versa both the covered and noncovered businesses are subject to the Act Case example 31 1 No violation of the civil rights act Private clubexclusive pick and choose members costs money Civil rights laws don t apply Selective membership pick and choose Payannual fee 25000 initiation fee Members only use Incentives doesn t matter Do members control operations nonprofit Social purpose rather than business pg 52 Case 33 25 cent membership 9959 handed out membership cards interstate activity food from out of state selective members Discrimination negroes not welcome Case 34 injunction and attorneys fees Injunctioncourt order to stop what they are doing or do things according to the law Case 35 Barry V Maple Bluff Female members are discontented that their male counterparts receive more favorable services This case does not provide any details on the dissimilar opportunities Increase the range of facilities disabled increasing the number of protected class public halls transportation schools libraries hospitals beautybarber shops stores places for delinquentneglected children clinics 1964 act made people involved and made us more conscientious to other people s feelings Americans with Disabilities Act a federal law passed as a commitment to the rights of the disabled Got to have public accommodation More necessity Physical barrier Quality of life 19641991 50 years Veterans What kind of barriers physical barriers mental ba1riers financial Financial factors N Cost Type of operation a Ease of doing so 3 Maintainance 4 Effect on business 5 Financial resources of failing Not readily achievable What is the definition of disabled handicap physical or mental impairment that permanently limits one or more of the major life activities of a person ie breathing seeing hearing talking walking speaking Case 36 Structural Modi cations Readily achievableeasily accomplished without much difficulty or expense Case 37 Gentlemen complaining about the days inn violating the ADA that the stairs weren t closed The stairs would need handrails and would cost 2500 The tables that would need to be adjusted would cost 50000 In order to know if it s a readable achievable the court must know how much it costs to do this The plaintiff had the opportunity to prove the architectural costs and the plaintiff did not do so Should the burden be on the plaintiff or the defendant to prove the costs Gender Discrimination Age Discrimination Rights of Proprietors right to refuse service if you interrupt a business Police 1 Trained Liability Immunity Networking 59 Case 3 10 She went to a frat party then went to a Hot Shoppe without shoes because she left them in the car the restaurant asked her to leave the restaurant because she was not wearing shoes There were no signs posted and she refused to eat till she was done eating her meal She refused to leave and was arrested All Chapter 3 case studies in exam Hospitality Management Law Prosecutor puts defendant in jail General counseloradvises mayor California system 3 justices in the state court of appeal different views 7 justices in supreme court Trial court in federal systemfederal district court 11 district courts in the Us California is the 93911 Headquarters are in SF but move around Statutestate law law that has been passed by legislative body Ordinancelocal law Propositionproposed law initiative by the people Vote by people are more powerful than votes by legislature 5 conservatives 4 liberalsUS supreme court Sources of law ConstitutionUS each state 51 Statutes Common law Judge made law Initiatives Administrative law frules regulations Regulationsnot laws rules made by agencies bureaucratsagencies make them but hold as much power as a law Appointed by elected officials US Constitution 3 branchlegislative judicial executive Legislative Executive Judicial Art 2 Art 3 Encremented powers 1 Tax Make laws legislators interpret the laws 2 Commerce clauseregulate answer to no one 3 War Not enumerated in constitution rests on the states 43911 branch of governmentadministrative agencies under executive grow at exponential rate Lawrules or regulations that the government makes to require people to meet certain standards of conduct enforceable in court if you do not follow them you will be penalized l A body of rules to which people must conform their conduct 2 A form of social control 3 A set of rules used by judges in deciding disputes Sources of Law constitutional law statutory law common law administrative law Constitutional lawprescribes the organization of the federal government including the executive legislative judicial branches and defines the powers of the federal government Delegated powerspowers expressly allocated to the federal government in the Constitution Federal gov authority is limited to these powers all other authority is left to the states Exdevelopment of a system of money and regulation of interstate commerce Interstate commercebusiness affecting more than one state as opposed to business done between two parties in the same state Legislative process the process by which the federal government as well as other units of government states countires cities adopt laws Congressprimary lawmaking body of the fed gov the constitution defines the method by which they adopt laws Constutitionequal protection under law freedom of speech freedom of religion right of religious freedom Statutory Law law promulgate by the legislature and generally agreed to by the executive president governor mayor Legislatorslawmakers elected to office by the citizenry We elect leg At federal level members of the House of Representatives and Senate state level state legislators and local county leg Statutewhen federal or state legislators adopt a law Ordinancewhen local legislators adopt a law Common law 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 time Commonlaw system has reliance on case decisions Case decisionsinterpretation of the law applied by a judge to a set of facts in a given case case decisions becomes a precedent Precedenta basis for deciding future cases Slate decisis the matter stands decided iprocess of following earlier cases achieve consistency in the law encourages judges to decide cases consistent with precedent Administrative Law laws that define powers limitations and procedures of administrative agencies Administrative agency governmental subdivision charged with administering legislation that applies to a particular industry EX departments commissions bureaus agencies councils groups services divisions Food and Drug Administration Federal Communications Commission Regulationslaws adopted by administrative agencies to distinguish them from laws by legislators Civil and Criminal Law Civil law person to person Criminal lawperson to society as a whole Civil Criminal Wrong to individual wrong to society as a whole Objective is compensation objective is punishment for wrongdoer For injury Person suing hirespays his society is represented by a lawyer paid by gov Lawyer district attorneyprosectutor 1 Civil lawdone to an individual Criminalwrong in icted on society 2 Objective of civil lawsuit is compensation for injury objective of criminal Examples of Civil Law Contract agreement between two or more parties that is enforceable in court Tortviolation of a legal duty by one person that causes injury to another not breaches of contractual duties 1 Negligencebreach of a legal duty to act reasonably carelessness 2 Trademark infringementuse of antoher company s business name or logo without permission 3 Fraudintentionally untruthful statement made to induce reliance by another person Damagesremedy south by the injured party in a civil case Two typescompensatory and punitive Compensatoryrefers to money awarded to the plaintiff to compensate for injuries Punitive damagesexemplary damages money awarded in excess of compensatory damages C v damages 150 000 claim Punitive damages Lost wages violence malice fraud Pain and suffering Med Bills Emotional distress Out ofpocket expenses Loss of a companion Attorneys fees Loss of consortium deprivation of the benefits Of a relationship due to injuries 908994P N Examples of Crimes Theft of servicesuse of services like hotel rooms without paying and with the intent of avoiding payment Assaultintentionally causing physical injury to another person Rapeforcible sexual intercourse against victim s will Penalities for Criminal Case Community service fines probation jail death Probationsystem whereby criminal offenders remain out of jail but are supervised by a probation officer Remedies in a civil case Money aka damages 150000 x 3 450000 or more Criminal case Fined put in jail probation DUI150000 60 day in jailsuspended Satisfactory completion of probation 36 month summary formal probation Probationsystem whereby criminal offenders remain out of jail but are supervised by a probation officer How to Read a Case Written judge s decisions that are issued and may be recorded in books used for legal research cases Casebooksbooks in which these decisions are published Four elements in l The facts 2 The issuelegal question that the parties have asked the judge to resolve 3 Judge s decisionjudge s response to issue 4 Reasoning supporting the decisionbasis or rationale fo the decision a case Factscircumstances that gave rise to the lawsuit Issuelegal question that the parties have asked the judge to resolve Decisionjudge s response to the issue Reasoningbasis and rationale for the decision Case example 1 l McD not found guilty Gotta be duty breach in duty injurydamages Review questions pg 14 3 precedentlegal decision 1 Tortviolation of a legal duty by one person that causes injury to another EX Negligence fraud 7 innkeeper 8 10 Civil Criminal Differences Comp punishment Individuals society Pay your attorney fees Government counsel attorney 13 Facts issue judge s decision Discussion questions 1 2 Stare decisis Application questions 1 Pain and suffering no punitive 1066 AD King Coloniesenglish settlers brought over common law codes Judgesamerican common law legislative congressstate legislature New American common law
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