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Ch. 1AttorneyoAny person trained and legally authorized to act on behalf of others in matters of the lawLitigation oThe act of initiating and carrying on lawsuit. Often, used to refer to the lawsuit itself. Law oThe rules of conduct and responsibilities established and enforce by a societyoHave historical origins and mangers need to know themoHave an evolutionary nature, based on changes in societyoIt is possible to use a philosophy of preventative management to manage the legal environment and minimize the chances of litigationThe hospitality manager and legal management oKnow the historical origins of the law.oRecognize that laws have an evolutionary nature, based on changes in society.oUnderstand how to use a philosophy of preventative management to manage the legal environment and minimize the chances of litigation.2 majors systems of law in the western worldoCommon law oCivil lawCommon law oThe body of law that has descended from the law created in Great Britain, USAoComes from reviewing past litigation that has been decided by the courts Interested in precedent, or what has been decided in previous court cases with similar situations or facts oStare decisis principle The principle of following prior case law Decision made by a higher court must be obeyed by all lower courts oCommentaries General overview of all the common law oLaws derived from the historical customs and usage of a society, and the decisions by courts when interpreting those customs and usagesCivil law oDescended from the law created in the Roman Empire and is used by most Western European countries, Latin America, Asia, and Africa. oDecisions evolve based on written laws or codes oJudges feel less bound by what others have decided before them oUsed in common law is refer to private law oThe body of law ( usually in the form of codes or statutes) created by governmental entities that are concerned with private rights and remedies, as opposed to criminal matters Americans with disabilities act oFederal legislation (law) that protects the rights of people with disabilities so that they may be treated fairly in the workplace and has access to places of public accommodation, such as hotels, restaurants, and airplanes.
Supreme court of the united states system chart (5)Hospitality lawoThose laws that relate to the industry involved with the provision of food, lodging, travel,and entertainment services to its guests and clients Liable oTo be legally responsible or obligated STEM – the tide of litigationoS – select Not selecting the right person cause high turnoveroT – teachTrain your people, proper trainingoE – educate You won’t stop learning oM – manage To lessen your liability oGoals To reduce employee mistakes oProcess Select the right employee for the right jobTeach employees while creating a training trailEducate management