HMT 4150 Chapter 1

  1. Administrative Agency
    A governmental subdivision charged with administering legislation that applies to a particular industry.
  2. Administrative Law
    Laws that impact administrative agencies.
  3. Assault
    • The tort of intentionally putting someone in fear of harmful physical contact, such as making a fist in a way suggestive of an imminent punch. 
    • (Compare to battery.)  Also, the crime of intentionally causing physical injury to another person.
  4. Casebooks
    Books in which decisions are published.
  5. Case Decision
    An interpretation of the law applied by a judge to a set of facts in a given case.
  6. Cases
    Written decisions by judges.
  7. Civil Law
    Law applicable to legal wrongs other than crimes.
  8. Common Laws
    Legal rules that evolved in England from decisions of judges and from customs and practives that were intended to be common or uniform for the entire English kingdom obtained their authority from the test of time.  Also refers to judges' decisions as opposed to statutory law.
  9. Compensatory Damages
    Out-of-pocket expenses including doctor bills and lost wages, and compensation for pain and suffering, loss of enjoyment of life, loss of consortium, and loss of services.
  10. Congress
    The primary law-making body of the federal government.
  11. Constitutional Law
    The law embodied in the federal constitution, prescribing the organization and powers of the federal government, and defining rights of the people.
  12. Contract
    An agreement between two or more people that is enforceable in court.
  13. Criminal Law
    The law applicable to criminal cases.
  14. Damages
    The remedy sought by the injured party in a civil case.
  15. Decisions
    An interpretation of the law and/or facts applied by a judge to a set of facts in a given case.
  16. Delegated Powers
    Those powers expressly allocated to the federal government in the Constitution.
  17. Facts
    Objective information about circumstances that exist and/or events that have occurred.
  18. Fraud
    An intentional untruthful statement made to induce reliance by another person or for the purpose of misleading someone, usually for personal gain.
  19. Interstate Commerce
    Business affecting more than one state, as opposed to business done between two parties in the same state.
  20. Issue
    A legal question that the parties have asked the judge to resolve.
  21. Law
    Rules, enforecable in court, requiring people to meet certain standards of conduct.
  22. Legislative Process
    The process by which the federal government, as well as other units of government, adopts laws.
  23. Legislators
    The elected members of the legislature.
  24. Legislature
    A law-making body whose members are elected to office by the citizenry.
  25. Negligence
    Breach of a legal duty to act reasonable that is the direct (or  proximate) cause of injury to another.
  26. Ordinance
    A law adopted by a local governmental body.
  27. Precedents
    A court decision that becomes a basis for deciding future cases.
  28. Probation
    A system whereby criminal offenders remain out of jail but are supervised by a probation officer.
  29. Punitive Damages
    Also called exemplary damages, money awarded to plaintiff over and above compensatory damages, to punish or make an enample of the defendent.  They are awarded only in cases where the defendent's wrongful acts are aggravated by violence, malice, or fraud.
  30. Rape
    Sexual intercourse that is against the victim's will.
  31. Reasoning
    The basis and rationale for the decision.
  32. Regulations
    Laws adopted by administrative agencies.
  33. Stare Decisis
    "The matter stands decided" (Latin).  The principle that courts will follow precedents when they are applicable.
  34. Statute
    A law adopted by the federal or state legislature.
  35. Statutory Law
    Law passed by legislatures.
  36. Theft of Services
    A crime consisting of the use of services, such as a hotel room or a restaurant meal,  witht he intent of avoiding payment and the act of failing to pay.
  37. Trademark Infringement
    Use of another company's business name or logo without permission.
Card Set
HMT 4150 Chapter 1
Hospitality Law