Ch. 1
Attorney
o
Any person trained and legally authorized to act on behalf of others in matters of the law
Litigation
o
The act of initiating and carrying on lawsuit. Often, used to refer to the lawsuit itself.
Law
o
The rules of conduct and responsibilities established and enforce by a society
o
Have historical origins and mangers need to know them
o
Have an evolutionary nature, based on changes in society
o
It is possible to use a philosophy of preventative management to manage the legal
environment and minimize the chances of litigation
The hospitality manager and legal management
o
Know the historical origins of the law.
o
Recognize that laws have an evolutionary nature, based on changes in society.
o
Understand 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 world
o
Common law
o
Civil law
Common law
o
The body of law that has descended from the law created in Great Britain, USA
o
Comes 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
o
Stare decisis principle
The principle of following prior case law
Decision made by a higher court must be obeyed by all lower courts
o
Commentaries
General overview of all the common law
o
Laws derived from the historical customs and usage of a society, and the decisions by
courts when interpreting those customs and usages
Civil law
o
Descended from the law created in the Roman Empire and is used by most Western
European countries, Latin America, Asia, and Africa.
o
Decisions evolve based on written laws or codes
o
Judges feel less bound by what others have decided before them
o
Used in common law is refer to private law
o
The 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
o
Federal 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 law
o
Those laws that relate to the industry involved with the provision of food, lodging, travel,
and entertainment services to its guests and clients
Liable
o
To be legally responsible or obligated
STEM – the tide of litigation
o
S – select
Not selecting the right person cause high turnover
o
T – teach
Train your people, proper training
o
E – educate
You won’t stop learning
o
M – manage
To lessen your liability
o
Goals
To reduce employee mistakes
o
Process
Select the right employee for the right job
Teach employees while creating a training trail
Educate management
