Term
| Where and when were the commons law system developed? |
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Definition
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Term
| How did early courts resolve problems? |
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Definition
| Applying general rules of justice |
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Term
| What are 2 overall laws particular to innkeepers? |
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Definition
1. If travelor is willing and able to pay, innkeeper must provide.
2. Inkeepers are responsible for guests lost property |
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Term
| Each state developes its own whats? |
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Definition
| Case law and Judicial precedent |
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Term
| Local and state laws and disputes between state citizens are handeled by who? |
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Definition
| local and state laws and disputers Jurisdiction |
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Term
| Fed. court system includes what in the pyramid? |
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Definition
| 94 district courts, 13 court of appeals, supreme court of U.S. |
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Term
| Who deals with disputes between citizens of different states? |
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Definition
| Federal Court jurisdiction |
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Term
| What two terms are interchangeable? |
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Definition
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Term
| Hotel laws also apply to who? |
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Definition
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Term
| Hotels are _________ by each state. |
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Definition
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Term
| What are 4 elements of contract? Give examples |
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Definition
| 1. manifestation of mutual assent, comprising (an offer and acceptance) 2. A legally valid consideration (money, property, an act) 3. Legal capasity (over 18, ppl w. dissabilities) 4. A llegal subject |
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Term
| Define offer and it's essential terms |
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Definition
| a proposal to exchange a promise or an act for a specified promise or act of another. (parties, subject matter, time, price) |
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Term
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Definition
| a "manifestation of assent to the terms thereof mde by the offeree in a manner invited or required by the offer. Absolute and Unconditional |
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Term
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Definition
| Money, property, a promise, or act bargained for in return for a promise. |
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Term
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Definition
| Money, property, a promise, or act bargained for in return for a promise. |
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Term
| Define void, voidable, and unenforceable contracts |
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Definition
1. can't have a llegal effect
2. May be affirmed or disaffirmed by one or more of the contracting parties
3. Legally vaild, but can't be enforced |
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Term
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Definition
1. an unlawful act that violates someone's legal rights
2. offense against public pursued by government |
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Term
| What are 4 elements of a tort action based on negligence? |
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Definition
1. Defendant must ow duty of care to guest
2. Duty of care must be breached
3. Breach of duty must be proximate to cause of injury
4. Guest must suffer damages
(door lock example) |
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Term
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Definition
| doing of that thing which a resonably prudent peopln would not have done, or what a reasonable person would have done. |
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Term
| What does Res Ipsa Loquitur mean? |
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Definition
| " The thing speaks for itself" |
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Term
| What does the Res Ipsa Loquitor doctrine mean? |
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Definition
| Common experience sometimes permits reasonable inference of negligence from the occurance itself. |
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Term
| Define Contributory Negligence |
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Definition
| Defendants only have to pay if they are 100% responsible |
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Term
| Define Comparative Negligence and types |
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Definition
| Fault is attributed to each party -hotel and guest-according to their respective negligence. (Pure and 50%) |
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Term
| What is Pure comparative negligence? |
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Definition
| Break down the % at fault of each party |
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Term
| What is 50% comparative negligence? |
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Definition
| You can recover as long as you're not more than 50% responsible. |
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Term
| How many states have comparative negligence? |
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Definition
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