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Hotel, Restaurant, and Travel Law

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Unformatted text preview: Week Two Week Chapter 2 - Legal Procedures & the Courts. Chapter Legal *A dispute between parties can result in a civil trial but... *Avoidance is often possible and often preferred *Most civil disputes are settled before a court ever gets involved *A court trial costs time and money, so early settlement can benefit all parties in the case. *If the parties cannot settle their dispute, they can end up in court. *The plaintiff starts the civil trial. *There must be a real theory of liability based upon defendant’s violation of some law. *Plaintiff must be a real party in interest. *Plaintiff starts the process by filing the case in a court. *Federal and State court systems generally have 3 levels *Lowest – Trial court deciding issues of law and fact *Federal: U.S. District Court *State: Often called (State) District Court with a second trial court for more serious trials called Superior Court *Intermediate – First appellate level *Federal: U.S. Court of Appeals *State: Often called (State) Court of Appeals *Highest – Last appellate level *Federal: U.S. Supreme Court *State: Often called (State) Supreme Court *Civil Trial *Begun by plaintiff filing a complaint with the court, BUT the plaintiff should be represented by counsel who will take care of the legal procedures, unless perhaps it is a small claims action. *After service (first notice of the lawsuit), defendant should also hire an attorney to avoid the possibility that they will make a mistake. *Mediation *The parties use a neutral “mediator” who tries to help the parties resolve their own dispute. *Like a negotiated settlement, but uses a (negotiator) mediator who is not affiliated with either side of the dispute. *Often used in emotionally­charged matters where a quick settlement is preferred to a trial, such as: *Divorces *Labor Union Disputes ...
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