1. Click to edit Master title style Instructor : Andrew M. Fisher, J.D., M.B.A. Telephone : (321) 299-9409 (office) E-mail: afisher@fisherlawpa.com afisher@fisherlawpa.c Legal Environment in the Hospitality Industry

2. Click to edit Master title style Chapter 1 Introduction to Contemporary Hospitality Law Many slides Copyright © 2008 by Delmar Learning Hotel, Restaurant, and Travel Law: A Preventive Approach, Seventh Edition

3. Father Guido Sarducci – Five Minute University http://www.youtube.com/watch?v=kO8x8 eoU3L4http://www.youtube.com/watch?v=kO8x8 eoU3L4

4. 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

5. What Is Law? Common denominator to all definitions: –Law consists of rules that require people to meet certain standards of conduct and are enforceable in court (cont’d)

6. Principles of Hospitality Law Restaurants Bars Hotels, inns, B & B’s, motels Travel agents Airlines

7. Principles of Hospitality Law Casinos Amusement parks Theaters Night clubs Sports facilities (cont’d)

8. Sources of Law Constitutional law Statutory Law Administrative Law Common Law

9. Constitutional law Delegated powers—expressly allocated to the federal government in the Constitution Interstate commerce—business affecting more than one state Legislative process—method by which Congress adopts laws

10. Statutory law Law promulgated by legislators and generally agreed to by the executive (president, governor, or mayor) Statute—law adopted by federal or state legislature Ordinance—law adopted by local legislature (cont’d)

11. Administrative Law Refers to laws that define powers, limitations, and procedures of administrative agencies –Administrative agency—governmental subdivision charged with administering legislation that applies to a particular industry –Laws adopted by administrative agencies are called regulations

12. Administrative Law Food and Drug Administration—oversees food and pharmaceutical industries Federal Communications Commission— oversees the communications/broadcasting industry Consumer Product Safety Commission— polices the safety of consumer products (cont’d)

13. Common law Consists of legal rules that evolved from decisions of judges and from custom and practice Gradually modified over time (cont’d)

14. Florida Court System Court System District Courts Circuit Courts –http://www.flcourts.org/florida-courts/http://www.flcourts.org/florida-courts/

15. Precedents of Law Case decision—interpretation of the law applied by a judge to a set of facts in a given case –The case decision becomes precedent (cont’d)

16. Precedents of Law Stare decisis—process of following earlier cases gives some uniformity to the law

17. Supremacy Clause Black's Law Dictionary (8th ed. 2004), Supremacy Clause SUPREMACY CLAUSE Supremacy Clause. The clause in Article VI of the U.S. Constitution declaring that the Constitution, all laws made in furtherance of the Constitution, and all treaties made under the authority of the United States are the “supreme law of the land” and enjoy legal superiority over any conflicting provision of a state constitution or law.

18. Role of the Judge Makes the law in cases where no precedent or statute exists Interprets the law in cases where a statute applies Appellate judges—also review decisions of other judges

19. Civil and Criminal Law Civil law—wrong done to an individual Criminal law—wrong considered to be inflicted on society

20. Civil and Criminal Law Objectives –Civil lawsuit—compensation for an injury –Criminal lawsuit—punishment of the wrongdoer (cont’d)

21. Civil Lawsuit Civil lawsuit –Person who commences the lawsuit is the injured person (cont’d)

22. Criminal Lawsuit Criminal lawsuit –Person who undertakes the lawsuit is society-at-large, usually referred to as “The State of …” or “The People of the State of …” or “The Commonwealth of …”

23. Examples of Civil Law Contract –An agreement between two or more parties that is enforceable in court

24. Examples of Civil Law Torts –Negligence—breach of a legal duty to act reasonably –Trademark infringement—use of another company’s business name or logo without permission –Fraud—intentionally untruthful statement made to induce reliance by another person (cont’d)

25. Remedies in Civil Cases Remedy sought by the injured party in a civil case is damages (money) –Compensatory damages—money given to compensate for injuries Includes out-of-pocket expenses –Medical bills –Lost wages Pain and suffering –Physical distress or mental anguish –Loss of enjoyment of life

26. Remedies in Civil Cases Punitive damages –Money in excess of compensatory damages –Punish or make an example of the defendant –Awarded only in cases where defendant’s wrongful acts are aggravated by violence, malice, fraud, or a similar egregious wrong (cont’d)

27. Examples of Crimes Theft of services—using services (e.g., hotel room) without paying and with intent to avoid payment Assault—intentionally putting someone in fear of harmful physical contact Battery—causing harmful physical contact to a person

28. Penalties and Remedies in Criminal Cases Community service Fines Probation—criminal offenders remain out of jail, supervised by probation officer Death in some states

29. How to Read a Case Judges’ written decisions are called cases Books in which cases are published are called case books

30. How to Read a Case Identify four elements as you read the case –The facts—circumstances that gave rise to the lawsuit –The issue—legal question that the parties want resolved –The judge’s decision—judge’s response to the issue –The reasoning supporting the decision—basis and rationale for the decision (cont’d)

31. How to IRAC a Case Read Hooters Case on Webcourses