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| laws that impact administrative agencies; a governmental subdivision charged with administering legislation that applies to a particular industry |
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| a governmental subdivision charged with administering legislation that applies to a particular industry |
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| Americans with Disabilities Act |
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| a federal law that bars discrimination against people with disabilities. Covers both access to places and employment. |
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| laws that attempt to ensure that open competition is preserved |
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| review by one court of the decision of another court, initiated by the party who lost in the prior court asking the more superior court to correct an error made by the prior court. Usually pertaining to a violation of constitutional rights. |
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| court with the authority to review the handling and decisions of a case tried in a lower court |
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| holds a plaintiff may not recover for injuries received when he voluntarily exposes himself to a known risk |
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| the pleading issued by the defendant in response to plaintiff's complaint |
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| a potentially dangerous object or condition of exceptional interest to young people |
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| in reference to a room reservation contract between an association hosting a convention and a hotel, contractual provision obligating the organization to compensate the hotel if less than a specified number of room are rented by conventioneers |
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| the person receiving possession of goods or personal property |
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| a transfer of the possession of goods or personal property from a person in possession of the property to another with the understanding that the property will be returned |
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| the failure to perform some contracted act |
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| a written statement of a person's case to be submitted to a court, usually including a summary of the law involved in the case; a condensed statement of facts, and arguments regarding how the law applies to the facts |
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| the ability to understand the terms of a contract and to understand also that failure to perform its terms can lead to legal liability |
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| law applicable to legal wrongs other than crimes |
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| civil case vs criminal case |
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civil = money or damages
criminal = justice or jail time |
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| legal rules that evolved in england from decisions of judges and from customs and practices that were intended to be common or uniform for the entire english kingdom obtained their authority from the test of time. also refers to judges' decisions as opposed to statutory law |
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| rule followed in some states apportioning damages according to the comparative contribution of the negligence of the parties. a jury will allocate the liability between the plaintiff and the defendant depending on their degree of culpability on a total of 100 percent. |
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| out-of-pocket expenses including doctor bills and lost wages, and compensation for pain and suffering, loss of enjoyment of life, loss of consortium, and loss of services |
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| the initial pleading filed in court in a civil lawsuit consisting of a statement of the wrong or harm allegedly done to the plaintiff by the defendant and a request for specific help from the court |
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| an event on which a contractual duty is contingent |
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contractual capacity
mutuality
legality
consideration
proper form
genuine assent |
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-the existence of a legal duty to act reasonably owed by the defendant to the plaintiff
-a breach of that duty
-injury to the plaintiff
-proximate cause |
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| certain contracts not enforceable unless in writing |
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| the thing speaks for itself |
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| conduct that violates a law or ordinance designed to protect the safety of the public. negligence without any further proof |
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| it alone is sufficient evidence if unrebutted to support a judgment for the plaintiff |
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| employer is at fault not the employee |
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| duty cannot be transferred to an independent contractor even if it was the contractors duty to keep the area safe. the location is at fault, not the contractor |
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| within the inn. if the items are in your establishment while the person was a guest, you are liable. |
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| hotel or agent losing the benefits of limiting liability. usually done by making a comment. |
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=personal property - movebale tangible objects
=delivery or possession - possession of the personal property must be transferred to the bailee
=acceptance of possession by the bailee- the bailee must knowingly accept possession of the bailed property
= bailment agreement - part of every bailment is an agreement, express or implied, by the bailee to return the bailed goods to the bailor |
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