Shared Flashcard Set

Details

HRT 240 Final
N/A
94
Other
Undergraduate 2
05/26/2011

Additional Other Flashcards

 


 

Cards

Term
Case 7 - 1 Wallace v. Shoreham
Definition
Gave $20, got $10. Patron humiliated by waiter, judgment for defendant
Term
Langford v. Vandaveer 
Definition
Vandaveer severely burned by explosion. Not technically registered guest. Trial reordered
Term
Adler v. Savory Plaza Inc.
Definition
Luggage set aside in lobby. Loss of jewelry. Plaintiff determined to be a guest
Term
Freduenheim v. Eppley
Definition
Traveling salesman left valuables in vault of hotel. Valuables stolen. He was a guest
Term
Termination of guest-innkeeper relationship
Definition

1. contracted time for room elapsed and not extended

2. bill not paid when due

3. proper notice given to vacate hotel

4. reasonable amount of time passed since checkout

5. bill has been settled and paid

Term
absolute (strict) liability
Definition
hotelkeepers liable for any loss of guests' property occurring on hotel premises
Term
infra hospitium
Definition
"within the inn" went along with absolute liability
Term
prima facie liability
Definition
hotelkeepers are liable for property loss only if loss occurs through their negligence
Term
limiting liability statutes 
Definition
laws that restrict innkeeper's liability
Term
administrative law
Definition
law that defines powers, limitations, and procedures of administrative agencies
Term
Law
Definition
consists of rules that require people to meet certain standards of conduct and are enforceable in court
Term
Constitutional law
Definition
law embodied in US Constitution. prescribes organization of federal gov't and defines powers of federal gov't
Term
delegated powers
Definition
powers expressly allocated to federal gov't in constitution
Term
legislative process
Definition
process by which federal gov't adopt laws
Term
congress
Definition
primary lawmaking body of federal gov't
Term
statutory law
Definition
second source of law promulgated by legislature and generally agreed to by executive
Term
legislator
Definition
lawmakers elected to office by citizenry
Term
statute
Definition
federal or state legislators adopted alw
Term
ordinance
Definition
local legislator adopted law
Term
common law
Definition
consists of legal rules that have evolved not from statutes, but rather from decisions of judges and from customs and practices that obtained their authority from the test of time
Term
case decision
Definition
interpretation of law applied by judge to set of facts in given case
Term
precedent
Definition
basis for deciding future cases
Term
stare decisis
Definition
process of following earlier cases
Term
administrative agency
Definition
governmental subdivision charged with administering legislation that applies to particular industry 
Term
regulations
Definition
laws adopted by administrative agencies
Term
claim
Definition
demand for a remedy to compensate for perceived wrong
Term
complaint
Definition
document issued by plaintiff that contains allegations 
Term
jurisdiction
Definition
authority of a court to hear a case
Term
subject matter jurisdiction
Definition
court's power to decide cases of particular category
Term
in personam jurisdiction 
Definition
authority of a court over the defendant 
Term
summons
Definition
document ordering defendant to appear and defend allegations made
Term
service of process
Definition
delivery of summons and complaint to defendant
Term
default judgment 
Definition
court order summarily declaring plaintiff winner of lawsuit due to defendant's failure to defend
Term
motion
Definition
request to judge for relief that is made while lawsuit is on going
Term
equitable estoppel
Definition
legal principle that precludes person from claiming right or benefit because that person made false representation to another person who relied on untruthful statement of his detriment
Term
bailment
Definition
transfer of posession of personal property from one person to another with understanding property will be returned
Term
bailor
Definition
person transferring possession of property
Term
bailee
Definition
person receiving possession
Term
essential elements of bailment
Definition

personal property

acceptance of possession by bailee

bailment agreement

Term
prima facie
Definition
plaintiff wins unless defendant can contradict case with evidence
Term
constructive bailment
Definition
bailment created by law as a result of special circumstances rather than by agreement between parties
Term
lien
Definition
security interest in property of someone who owes money
Term
criminal possession of stolen property
Definition
committed when person knowingly possesses stolen property with intent to benefit themselves or someone other than owner
Term
situations innkeeper is authorized to enter guest's room
Definition

normal maintenance and repair

imminent danger

nonpayment

when requested to enter by guest

when rental period has expired and guest has no basis to believe it has been extended

Term
probable cause
Definition
facts sufficient for reasonably prudent person to believe that evidence of crime is located in place police want to search
Term
encroachment
Definition
invasion of a like business resulting in considerable loss of income
Term
zoning
Definition
process by which local governments can restrict ways property owners are entitled to use their land
Term
Zalding V. Concord Hotel
Definition
Safe not available late at night. stolen rings. judgment for plaintiffs
Term
Searcy v. La Quinta Motor Inns, Inc.
Definition
Plaintiff returned to room, suitcase had been emptied. judgement for plaintiff
Term
paraskevaides v. four seasons 
Definition
thelma and christine left valuables in safe. came back, safe open and emptied. hotel didn't fully comply to statue requirements. judgement for plaintiffs
Term
fennema v. howard johnson co.
Definition
left uhault truck in defendant's parking lot under false pretense it'd be safe. stuff stolen. estoppel allows judgment for plaintiff
Term
bhattal v. grand hyatt-new york
Definition
residents of india went to hotel, hotel mistakenly sent stuff back to india. judgment for plaintiff 
Term
delema v. waldorf astoria hotel
Definition
brazilian man with suitcase, set on ground. jostled by woman. suitcase stolen. judgment for defendant 
Term
salisbury v. st. regis-sheraton hotel
Definition
plaintiff checked luggage with bellhop, cosmetic case became missing. plaintiff not guest; money granted limited
Term
spiller v. barclay hotel
Definition
plaintiff left bags with bellboy. when returned, bellboy and one bag missing. full recovery awarded
Term
augustine v. marriot hotel
Definition
plaintiff left coat on coatrack. claim dismissed
Term
first american bank v. district of columbia
Definition
car towed with money inside. standard of ordinary care by district and tmi held
Term
value rent-a-car, inc. v. collection chevrolet
Definition
plaintiff took car for repairs. car disappeared and damaged. chevrolet won
Term
proliance insurance co. v. acura
Definition
plaintiff delivered car to defendant by dropping key in envelope/dropbox. car stolen. judgment improperly granted to defendant
Term
waterton v. motor inc.
Definition
Car parked in garage. vandalized. judgment to defendant 
Term
kuchinsky v empire lounge
Definition
hung coat near table. coat gone. complaint dismissed. 
Term
shamrock hilton hotel v. caranas
Definition
left purse behind. busboy got it, took it to cashier. wrongful claim. sued for negligence. judgment for plaintiff
Term
conboy v. studio 54
Definition
plaintiff left coat in cloakroom. came back, gone. statute doesn't apply to clubs. judgment for plaintiff
Term
people v. thorpe
Definition
jehovah's witnesses kicked out for door-to-door solicitation. defendants (jehovah's) guilty
Term
nixon v. royal coach inn of houston
Definition
woman attacked. sued for bad placement of room. judgment for defendant
Term
morningstar v. lafayette hotel
Definition
plaintiff didn't pay bills so service was refused. innkeeper not required to entertain guest who's refused to pay
Term
raider v. dixie inn
Definition
applied for dixie inn but evicted on suspicion of illegal activity. judgment in favor of hotel
Term
kelly v. united states
Definition
non-guest at hotel, prostitute. asked to leave. came back and arrested. judgment for hotel
Term
hennig v. goldberg
Definition
plaintiff occupied room which was registered under another name. got locked out and sued. judgement for defendant 
Term
hopp v. thompson
Definition
defendant assaulted and battered plaintiff who entered hotel but would not respond when asked questions. judgment for plaintiff
Term
durand v. moore
Definition
nightclub bouncer assaulted moore without provocation. judgment for moore
Term
state of utah v. leonard
Definition
defendant racked up large bill. appeals from conviction of theft of services. no actual intent. conviction reversed
Term
Perrine v. Paulos
Definition

§         Plaintiffs staying at defendant’s hotel came back to find they were locked out of their room

§         No warning given

§         Tried by court for $500 general damages and $500 punitive damages

§         No showing made by defendants to lock out plaintiffs

§         Judgment affirmed

Term
Five situations when innkeeper is authorized to enter guest room
Definition

 

§         Normal maintenance and repair

§         Imminent danger

§         Nonpayment

§         When requested to enter by guest

§         When rental period has expired and guest has no basis to believe it has been extended

 

Term
 Campbell v. Womack
Definition

 

§         Plaintiff frequently took business trips so he rented a room on a month-to-month basis at Rodeway Inn

§         Frequently allowed coworkers and wife to stay at it

§         One day wife went to stay, didn’t have key, so went to front desk to be let in

§         Barbara Womack, front desk clerk, refused entry because Mrs. Campbell could not prove she was a registered guest, nor was she authorized to access room

§         Campbell sued Womack but Womack had right to refuse access to room

 

Term
Carter v. Innisfree Hotel, Inc.
Definition
peeping toms
Term
Search warrant
Definition
– order from judge commanding police officer to search designated place for evidence of criminal activity
Term
Probable cause 
Definition
consists of fact sufficient for reasonably prudent person to believe evidence of a crime is located in place police want to search
Term
Exclusionary rule 
Definition
holds that evidence obtained in warrantless search will not be admissible in court
Term
People v. Ouellette 
Definition

o       Defendant convicted of possessing and aiding in concealment of $20,000 worth of stolen property

o       Defendant taken into custody based on counterfeit money

o       After 12 p.m., police were legally allowed to search defendant’s room because defendant had not paid for next day’s charges

o       Evidence found during search was admissible

o       No privacy rights were breached

Term
People v. Henning 
Definition

o       After receiving a noise complaint, innkeeper called police for backup assistance

o       Officer and innkeeper approached room, hearing loud radio from within, and knocked several times without answer

o       Innkeeper opened door for officer, officer entered, and saw a man (who turned out to be Henning) unconscious on bed with narcotics in his pocket

o       Officer had reason to enter room, to handle disturbance

o       No substantial evidence in support of superior court’s order denying Henning’s motion to suppress evidence

Term
Berger v. State
Definition

o       A briefcase was found closed but not locked, and given to the assistant manager of Hyatt Regency Hotel

o       Two men inquired about briefcase and were taken aside to try to prove ownership

o       Police assistance were called and the men were asked to prove ownership, though couldn’t because identification was in briefcase

o       Police officer had man compare signature

o       While this was occurring, police officer noticed what looked like marijuana in briefcase

o       Although asked not to, officer searched and found marijuana, cocaine, and $7,000 cash

o       Defendant tried to suppress money and drugs on ground that search was illegal

o       Judgment affirmed

Term
Bertuca v. Martinez
Definition

·         Gonzalez check into room at Hampton Inn and requested to not be disturbed after 9:00 p.m.

·         Around 10:00 p.m. Gonzalez’s mother called front desk after not being able to get a hold of him, requesting someone check on her son’s wellbeing

·         There was no response from Gonzalez and breaking glass was heard from his room

·         Police called, refused to respond to police, when police entered room altercation ensued, resisted arrest

·         Trial court did no err in dismissing Gonzalez’s claim

Term
False arrest 
Definition
unauthorized restraint of a person
Term
Identity theft 
Definition

§         obtaining personal financial information about credit card holder and illegally using information for thief’s economic gain

Term
State of New York v. Waldorf-Astoria
Definition

o       General business law requires every hotel to post statement of charges

o       Waldorf-Astoria claims no violation in law

o       Refunds must be given

Term
Berlow v. Sheraton Dallas Corp.
Definition

 

·         Defendant sent a package containing very expensive jewels to her parents who were staying in plaintiff’s hotel

·         Upon checking out, because they still hadn’t received package, defendant’s parents made agreement for plaintiff to refuse delivery of package

·         Plaintiff did not follow agreement, received package, held it for a month, sent it to USPO, where it was lost

·         Defendant sued for $10,231, judgment awarded 

 

Term
benefits to franchisor
Definition

§         $ franchise fee, % of sales

§         Reputation, recognition

§         Supplier

Term
benefits to franchisee
Definition

§         Right to use TM

§         Training

§         Adv

§         Mkt research

§         Exclusive territory

§         Access to suppliers

§         Security

§         Legal support

§         Quality control 

Term
archibald v. cinerama hotels
Definition
california resident staying at hawaiian hotel. sued because lower prices available to residents. complaint dismissed
Term
hertenberger v. city of texarkana
Definition
Applicant applied to operate hotel. application denied because she's suspected of dealing in illegal affairs. ordinance is valid
Term
oronoka restaurant v maine state liquor commission
Definition
applied for renewal of liquor license but application denied. violation of fire cods and other violations. 
Term
In Re Cadillac Jacks
Definition
Challenged suspension of liquor license. much evidence of operating procedures that pose significant threat to health, safety, and welfare of citizens. suspension decided
Term
schleuter v. city of fort worth
Definition
opened sports fantasy, "sports bar" with nude dancing. appeal to have zoning ordinance declared invalid rejected
Supporting users have an ad free experience!