Legal Terms and Concepts in Commerce, Criminal Law, and Contracts, Quizzes of Hospitality and Tourism

Download Legal Terms and Concepts in Commerce, Criminal Law, and Contracts and more Quizzes Hospitality and Tourism in PDF only on Docsity! TERM 1 Commerce Clause DEFINITION 1 Gives congress the power to regulate trade with foreign nations and among the several states and with Indian tribes. TERM 2 Jurisdiction DEFINITION 2 The official power to make legal decisions and judgments. TERM 3 Federal Court System DEFINITION 3 Comprises the Supreme Court, circuit court of appeals, and district courts. TERM 4 State Court System DEFINITION 4 The constitution and laws of each state establish the state courts. TERM 5 Felony DEFINITION 5 A more serious crime, usually punishable by death or imprisonment in excess of one year TERM 6 Misdemeanor DEFINITION 6 A lesser crime, and many are punished with monetary fines TERM 7 Separation of Powers DEFINITION 7 The principal or system of vesting in separate branches; the executive, legislative and judicial powers of a government TERM 8 Executive Branch DEFINITION 8 The branch of government that is responsible for implementing, supporting and enforcing laws (Think executive does the enforcing) TERM 9 Legislative Branch DEFINITION 9 L Lawmakers (Think legislative & law, both Ls) TERM 10 Judicial Branch DEFINITION 10 The branch of government that is responsible for interpreting laws TERM 21 Breach of Contract DEFINITION 21 A binding agreement is not honored by one of more of the parties involved also known as breaking the contract TERM 22 Promissory Estoppel DEFINITION 22 Promissory Estoppel Although there might not be an enforceable contract, a party has relied on a promise from another party and it would be unfair not to enforce the agreement TERM 23 Motions to Dismiss DEFINITION 23 A partys request to a court to dismiss a case because of settlement, voluntary withdrawal, procedural defect or claim is one for which the law provides a remedy TERM 24 Appeals Court DEFINITION 24 Court of Appeals decides appeals from the district courts within its federal judicial circuit Considered among the most powerful and influential courts in the United States They have ability to set legal precedence in regions that cover millions of people TERM 25 Trail Courts DEFINITION 25 A court of law where cases are tried in the first place, as opposed to an appeals court TERM 26 Juries DEFINITION 26 A body of people (typically twelve in number) sworn to give a verdict in a legal case on the basis of evidence submitted to them in court. TERM 27 Franchise Agreements DEFINITION 27 A legal, binding contract between a franchisor and franchisee, enforced in the United States at the State level. TERM 28 Elements of a Franchise DEFINITION 28 Franchising is regulated by the U.S. Federal Trade Commission (FTC) and by various state agencies. The FTC Franchise Rule applies everywhere in the United States. A state's franchise laws usually apply only if: The offer or sale of a franchise is made in the state; or The franchised business will be located in the state; or The franchisee is a resident of the state. TERM 29 Law of the Innkeeper DEFINITION 29 An innkeeper must accept all unobjectionable individuals offering themselves as guests, provided the innkeeper has available accommodations and the guests are willing to the reasonable charge TERM 30 Duty to Receive DEFINITION 30 o The duty to receive is the most important duty of the innkeeper The duty was nurtured by the early courts and was based upon the realities of the damages of travel in earlier times TERM 31 Duties of an Innkeeper at Common Law DEFINITION 31 o Deal safely with the guests property Provide refreshment Provide accommodation Ensure the safety of the guests transport TERM 32 Right to refuse guests if: DEFINITION 32 o Drunk & disorderly Contagious disease Bringing in unallowable objects Unable or unwilling to pay No accommodations TERM 33 Right to evict DEFINITION 33 o Violation of hotel regulation Non-payment Refusal of service because of an unpaid bill Illness with contagious disease Overstay TERM 34 Franchising DEFINITION 34 is the practice of leasing for a prescribed period of time the right to use a firms successful business model and brand. The franchisor is a supplier who allows an operator, or a franchisee, to use the suppliers trademark and distribute the suppliers goods. In return, the operator pays the supplier a fee TERM 35 Civil Crime DEFINITION 35 : all other issues brought by an individual of law that are NOT criminal. Comes in the form of code or common law (court opinion) primarily about money