Hospitality Legal Enviro-Ch 1:2 HW

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HFT3603

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Feb 20, 2024

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Chapter 1: 3. What is precedent and how does it relate to stare decisis? Stare decisis is defined as the “process of following earlier cases to give some uniformity to the law”. Precedent is when earlier case decisions are essentially used as the norm in similar cases. When judges utilize precedent and the principle of stare decisis, they account for an interpretation of the law that is both fair to all present (not clouded by judge’s personal beliefs) and founded in prior legal decisions. An example of this concept is Brown vs. Board of Education . Although the ruling that segregation in schools is unconstitutional “overturned” a prior decision in Plessy v. Ferguson, which earlier established “separate but equal ”, Brown v. Board of Education is now used as a precedent in segregation cases. In short, all cases after that should be settled and decided by the precedent that segregation is illegal. By staying consistent in similar cases, the courts stay credible and provide uniformity to how laws are interpreted and enforced. 4. What is a Tort? Name two. A tort is a violation of someone else’s rights that leads to a civil lawsuit. Tort lawsuits very rarely lead to jail time or anything like that, but most often result in monetary compensation. The three main categories of torts are: intentional, negligence, and product liability. Some of the main occurrences in these categories include: fraud, trademark infringement, and negligence. Fraud is wrongful deception that results in financial gain. The most common example that we would see in hospitality by guests is the use of stolen credit cards to book hotel rooms. Employees also commit fraud by claiming overtime that wasn’t worked or clocking in earlier than work is started or clocking out later than they worked. This is fraud because the guests used others’ money and the employees are committing fraud because they are taking money for work they did not do. Another example of a tort is trademark infringement. The most common example seen in hospitality is a company using the name or logo of an already established successful company/franchise that does not operate in that space. This is done to capitalize on the others. An example of this is when a Canadian hotel company started using the Hilton name to promote their brand, when there was in fact, no affiliation between the companies. 10. Name four differences between civil and criminal law. The four main differences between civil and criminal law is who prosecutes, the premise of the lawsuit, the desired outcome of the case/trial and how the case is decided. In a civil case, a private attorney will represent an individual or small group as the plaintiffs vs. another individual or group as the defendants. In a criminal case, the government represents the people
against the defendant (the alleged criminal). In a civil case, the courts don’t care solely about guilt. The goal of the courts in a civil case is to make up for any harm to the plaintiff and determine the extent to which the defendant is responsible for, often in the form of monetary compensation. In a criminal case, the sole objective is to determine if the alleged criminal committed the crime or not (guilty or not guilty). In a civil case, the desired outcome of the trial and case is to compensate for any loss or injury sustained as a result of the actions of the defendant. In a criminal case, the desired outcome is jail time or fines imposed on the defendant, if found guilty. The big difference in criminal vs. civil cases is how a case is decided. Civil case decisions are based on a preponderance of evidence, which means the side that “produces” 51% of the evidence regarding blame will win the decision. Because of the increased punishment in criminal cases (jail time or very large fines), guilt must be proved “beyond reasonable doubt”, which amounts to about 98% of a feeling of guilt. Civil cases are much more guided by “ethics” and opinion, leaving some gray area, whereas criminal cases are more solidly founded in law and are typically more “black and white”. 11. Under what circumstances can a judge deviate from stare decisis? A judge can deviate from stare decisis under circumstances, such as: decision quality, inconsistency, and new understanding. A judge can deviate from stare decisis, that is following precedent, if the decision is in error. The Supreme Court is human, therefore, mistakes are made. With this in mind, if SCOTUS or any high court makes a clear mistake in applying the law, lower judges are not bound to use that precedent. With new justices on the court from time to time, interpretations of the law change. A judge can deviate if a precedent set is inconsistent with decisions in similar cases. Lastly, some details are dissected through examining cases after the fact and we gain, whether through new technology, studies, or sociological change, a new understanding of the details in the case that impact the precedent and therefore, can deviate from that. 13. When reading a case, what are the four elements to look for? The four elements of a case reading are the facts, issue, judge’s decision, and reasoning. The first part of reading a case is looking at the facts. The facts of the case provide background and help to recreate the situation that brought up the suit or trial. This is important to help find similar cases when trying to examine precedent. The second part is the issue being presented. The issue is the heart of what the lawsuit is about. For example, what the lawsuit aims to remedy and the law that is in question. The judge’s decision is basically the answer to the question and issue presented. Although hard to read, I believe the case presented in the chapter 1 PowerPoint has to do with “dram shop” laws. In this case, the judge probably ruled that because of ServSafe and dram shop laws, that the Pub Zone owner was responsible for the overserving of alcohol. The reasoning
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