CH 1: Intro to Contemporary Law in Hospitality Field

Law: a set of rules created by the gov’t as a form of social control that people are required to follow; they are enforceable in court

Jurisprudence (3 philosophies of law)

• Legal Positivism 

  • Law is in the hand of the leader

  • Decisions stands despite morality

• Natural Law

  • Laws must have a good moral bias

  • No unjust law will be followed

• Legal Realism

  • Enforcement of the law > the law itself

  • Make sure the law is applied fairly

Main Sources of Law

1. Constitutional

• Based on U.S. constitution

• Supreme law of the land

• Established 3 things

  • 3 Branches of Gov’t

    • Legislative

      • Pass and make laws

      • Override presidential veto 

    • Executive

      • Veto the law

    • Judicial

      • Interpret the law 

  • States retain all the power that’s not given to the feds

  • Guarantees the basic rights of the people