ABANDONED PROPERTY - Personal property that has been deliberately put aside by the rightful owner with no intention of ever returning for it.
ACCEPTANCE - Unconditional agreement to the precise terms and conditions of an offer.
ACTUARY - A mathematician or statistician who computes insurance risks and establishes premium rates.
AFFIRMATIVE ACTION - A Federally mandated requirement that employers who meet certain criteria must actively seek to fairly employ recognized classes of workers. (Some state and local legislatures have also enacted Affirmative Action requirements.)
AGENT - A person authorized to act for or to represent another, usually referred to as the principal.
AGGREGATE - The maximum amount which can or will be paid by an insurer for all claims during a policy period.
ANNUITY - Fixed payments, made on a regular basis, for an agreed upon period of time or until the death of the recipient.
APPEAL - A written request to a higher court to modify or reverse the decision of a lower level court.
ARBITRATION - A process in which an agreed upon, independent, neutral third party (the arbitrator), renders a final and binding resolution to a dispute. The decision of the arbitrator is known as the "award".
ATTORNEY - Any person trained and legally authorized to act on behalf of others in matters of the law.
ATTRITION - Reduction in the number of projected participants or attendees.
AT-WILL EMPLOYMENT - An employment relationship where the employer has a right to hire any employee, whenever they chose; and to dismiss an employee for or without cause, at any time; and the employee also has the right to work for the employer or not; or to terminate the relationship at any time.
BAILEE - A person or entity who receives and holds property in a bailment arrangement.
BAILMENT - The delivery of an item of property, for some purpose, with the expressed or implied understanding that the person receiving it shall return it in the same or similar condition in which it was received, when the purpose has been completed. Examples include, coat checks, valet parking, safety deposit boxes, laundry, luggage storage and delivery.
BAILOR - A person or entity who gives property to another in a bailment arrangement.
BILL OF SALE - A document under which personal property is transferred from a seller to a buyer.
BLOOD ALCOHOL LEVEL (BAL) - A measurement, expressed in percent, of the concentration level of alcohol in the bloodstream. (Also known as Blood Alcohol Content, or BAC.)
BONA FIDE OCCUPATIONAL QUALIFICATION - A job qualification, established in good faith and fairness, which is necessary in order to safely or adequately perform the job.
BOND(ING) - An insurance agreement in which the insurer guarantees payment to an employer in the event of financial loss caused by the actions of a specific employee.
BREACH OF CONTRACT - Failure to keep the promises or agreements of a contract.
CAPITAL IMPROVEMENT - The purchase or upgrade of real or personal property which results in an increased depreciable asset base.
CAVEAT EMPTOR - A Latin phrase meaning; "Let the buyer beware". The phrase implies that the burden of determining the relative quality and price of a product falls to the buyer, not the seller. - A Latin phrase meaning; "Let the buyer beware". The phrase implies that the burden of determining the relative quality and price of a product falls to the buyer, not the seller.
CHATTEL - Personal property, movable or immovable, which is not considered real property.
CIVIL LAW - The body of law (usually in the form of codes or statutes) created by governmental entities that are concerned with private rights and remedies as opposed to criminal matters.
CLAIM - Demand for money, property, or repairs to property.
COLLATERAL - Property which is pledged to secure the repayment of a debt.
COLLECTIVE BARGAINING AGREEMENT (CBA) - A formal contract between an employer and a group of employees that establishes the rights and responsibilities of both parties in their employment relationship.
COMMERCIAL LEASE - A lease that applies to business property.
COMMON LAW - Laws derived from historical customs and usage of a society and the decisions by courts when interpreting those customs and usages.
COMPARATIVE NEGLIGENCE - Shared responsibility for the harm that results from negligence. The comparison of negligence by the defendant with the contributory negligence of the plaintiff. (Also known as comparative fault.)
COMPENSATORY DAMAGES - (Also referred to as actual damages) Are awarded to restore the injured party to the position they were in prior to the injury (i.e. medical expenses, lost wages, etc.).
CONFIRMED RESERVATION - A contract to provide a reservation in which the provider guarantees the guest’s reservation will be honored until a mutually agreeable time. A confirmed reservation may be either guaranteed or non-guaranteed.
CONSIDERATION - The payment exchanged for the promise(s) contained in a contract.
CONTINGENCY FEE - A method of paying for a civil attorney’s services where the attorney receives a percentage of any money awarded as a settlement in the case. Typically, these fees range from 20-40% of the total amount awarded.
CONTRACT - An agreement or promise made between two or more parties, that the courts will enforce.
CONTRIBUTORY NEGLIGENCE - Negligent conduct by the complaining party (plaintiff) that contributes to the cause of his or her injuries.
COPYRIGHT - The legal and exclusive right to copy or reproduce intellectual property.
COPYRIGHT OWNER - A person or entity that legally holds a right to intellectual property under the copyright laws.
CORPORATION - A group of individuals granted a charter legally recognizing them as a separate entity having rights and liabilities distinct from those of its members.
COURSE and SCOPE - The sum total of all common, job related employee activities dictated or allowed by the employer.
CRISIS - An occurrence that holds the potential to jeopardize the health of individuals and or the business.
DAMAGES - Losses or costs incurred due to another’s wrongful act.
DEDUCTIBLE - The amount of money the insured has to pay first before the insurance coverage will begin to pay. Accordingly, the higher the deductible the less risk to the insurance company; should equal lower premiums.
DEED - A written document for the transfer of land or other real property from one person to another.
DEED OF TRUST - Used in some states instead of a mortgage. A Deed of Trust places legal title to real property in the hands of a Trustee until the debtor has completed paying for the property.
DEFAMATION - False statements that cause someone to be held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation.
DEFENDANT - The person or entity against whom litigation is initiated. Sometimes also referred to as the respondent.
DEMAND LETTER - Official notification, typically delivered to a defendant via registered or certified mail, that details the plaintiff’s cause for impending litigation.
DEPOSITION - Oral answers, given under oath, to questions asked during the discovery phase of a lawsuit. Depositions are recorded by a certified court reporter and/or by videotape.
DEPRECIATION - The decrease in value of a piece of property due to age and/or wear and tear.
DEPRESSANT - A substance that lowers the rate of vital body activities.
DETAINED PROPERTY - Personal property held by a bailee until lawful payment is made by the bailor.
DISCLOSURE - To reveal fully and honestly.
DIVIDEND - A portion of profits received by a shareholder, usually in relation to his or her ownership of a corporation.
DRAM SHOP - A name given to a variety of state laws establishing a liquor licensee’s third party liability.
DRAM SHOP ACTS - Legislation, passed in a variety of forms and in many states, that imposes liability for the acts of others on those who serve alcohol negligently, recklessly, or illegally.
DUTY OF CARE - A legal obligation that requires a particular standard of conduct.
EMERGENCY PLAN - A procedure or series of procedures implemented in response to a crisis.
EMPLOYEE - An individual who is hired to provide services to an employer in exchange for wages or a salary.
EMPLOYEE EVALUATION - A review of an employee’s performance, including strengths and shortcomings; typically completed by the employee’s direct supervisor.
EMPLOYEE MANUAL - A document written to detail the policies, benefits, and employment practices of an employer.
EMPLOYER - An individual or entity that pays wages or a salary in exchange for a worker’s services.
EMPLOYMENT AGREEMENT - The terms of the employment relationship between an employer and employee that specifies the rights and obligations of each party to the agreement.
ENFORCEABLE CONTRACT - A contract recognized as valid by the courts, and
ETHICS - Choices of proper conduct made by an individual in his or her relationships with others.
EVICTION - Removal of a tenant from rental property by a law enforcement officer. An eviction is the result of a landlord filing and winning a special lawsuit known as an "unlawful detainer"; The procedure which a lessor uses to remove a lessee from physical possession of leased real property, usually for violation of a significant lease provision, such as non-payment of rent.
EXCEPTIONS - Insurance coverage that is normally included in the insurance policy, but which will be excluded if the insured fails to comply with performance terms specifically mentioned in the policy.
EXCLUSIONS - Liability claims that are not covered in an insurance policy.
EXCULPATORY CLAUSE OR CONTRACT - A contract (or a clause in a contract) that releases one of the parties from liability for their wrongdoings.
EXPRESS CONTRACT - A contract in which the components of the agreement are explicitly stated, either orally or written.
FACE SHEET - A one page document briefly describing the type and amount of insurance coverage contained in an insurance policy. Sometimes referred to as a Declaration Page.
FINANCING STATEMENT - A formal notice of a lien being held on personal property, required under the Uniform Commercial Code in most cases. Also called a 'UCC-1' because of its form number in the UCC.
FIXTURE(S) - An article which was once a chattel but which has now become a part of the real property because the article is permanently attached to the soil or to something attached to the soil
FOODBORNE ILLNESS - Sickness or harm caused by the consumption of unsafe foods or beverages.
FRANCHISE - A contract between a parent company (franchisor) and an operating company (franchisee) to allow the franchisee to run a business with the brand name of the parent company, so long as the terms of the contract concerning methods of operation are followed.
FRANCHISEE - The person or business that has purchased and/or received the franchise.
FRANCHISOR - The person or business that has sold and/or granted the franchise.
GARNISHMENT - A court-ordered method of debt collection in which a portion of a person's salary is paid to a creditor.
GENERAL PARTNER - The entity in a Limited Partnership relationship who makes the management decisions and can be held responsible for all debts and legal claims against the business.
GENERAL PARTNERSHIP - A business organization in which two or more owners agree to share the profits of the business, but are also jointly and severally liable for its debts.
GRATUITOUS BAILMENT - One in which there is no payment (consideration) in exchange for the promise to hold the property.
GROSS NEGLIGENCE - The reckless or willful failure to use even the slightest amount of reasonable care.
GUARANTEED RESERVATION - A contract to provide a confirmed reservation in which the provider guarantees the guest’s reservation will be honored regardless of time of arrival, but the guest will be charged if he or she no-shows the reservation. Pre-payment or payment authorization is required.
GUEST - A customer who lawfully utilizes a facility’s food, beverage, lodging, or entertainment services.
HOSPITALITY LAW - Those laws which relate to the industry involved with the provision of food, lodging, travel and entertainment services to its guests and clients.
IMPROVEMENTS - An addition to real estate that ordinarily enhances its value.
INDEMNIFICATION - To insure against possible liability and loss, and/or to compensate financially for losses incurred; to make one whole; to reimburse for a loss already incurred.
INDEPENDENT CONTRACTOR - A person or entity that contracts with another to perform a particular task; but whose work is not directed or controlled by the hiring party
INFRA HOSPITIUM - A Latin term meaning "within the hotel". - A Latin term meaning "within the hotel".
IN-HOUSE DISPUTE RESOLUTION - A program, funded by employers, that encourages the equitable settlement of an employee’s claim of unfair employment, prior to or without resorting to litigation.
INSURE (INSURANCE) - To protect from risk.
INSURED - The individual or business that purchases insurance against a risk.
INSURER - The entity that provides insurance.
INTANGIBLE PROPERTY - Personal property that cannot be held or touched. Examples include patent rights, copyrights, and concept rights.
INTELLECTUAL PROPERTY - Personal property that has been created through the intellectual efforts of its original owner.
INTENTIONAL ACT - A willful action undertaken with or without full understanding of its consequences.
INTERDICTION PROGRAMS - An arrangement whereby citizens contact police to report suspected criminal activity before a crime is committed.
INTERROGATORIES - Questions which require written answers, given under oath, asked during the discovery phase of a lawsuit.
INTERSTATE COMMERCE - Commercial trading or the transportation of persons or property between or among states.
INTOXICATION - A condition in which an individual’s BAL reaches legally established levels. These levels are not uniform across the United States. An intoxicated person may not sell or purchase alcohol, nor operate a motor vehicle.
INVITEE - An individual who is on a property at the expressed or implied consent of the owner.
JOB DESCRIPTION - A written, itemized listing of a specific job’s basic responsibilities and reporting relationships.
JOB QUALIFICATION - The knowledge or skill(s) required to perform the responsibilities and tasks listed in a job description.
LANDLORD - The lessor in a real property lease.
LAW - The rules of conduct and responsibility established and enforced by a society.
LEASE - A contract which establishes the rights and obligations of each party with respect to property owned by one entity but occupied or used by another.
LESSOR - The entity that owns the property covered in a lease.
LIABLE - To be legally responsible or obligated.
LICENSE - Legal permission to do a certain thing or operate in a certain way.
LICENSE AGREEMENT - A legal document, which details the specifics of a license.
LICENSEE - One who is granted a license.
LICENSOR - One who grants a license.
LIEN - A claim against property that gives the creditor (lienholder) the right to repossess and/or sell that property if the debtor does not repay their debt in a timely manner.
LIMITED LIABILITY COMPANY (L.L.C.) - A type of business organization that protects the owners from liability for debts incurred by the business, without the need for some of the formal incorporation requirements. The federal government does not tax the profits of L.L.C.’s, however, some states do while others do not.
LIMITED PARTNER - The entity in a Limited Partnership relationship who is liable only to the extent of his (or her) investment. Limited Partners have no right to manage the partnership.
LIMITED PARTNERSHIP - A business organization with two classes of owners. The Limited Partner invests in the business, but may not exercise control over its operation, in return for protection from liability. The Managing Partner assumes full control of the business operation, but can also be held liable for any debts the operation incurs.
LIQUOR LICENSE - A permit issued by a state that allows for the sale and/ or service of alcoholic beverages. The entity holding the license is known as the licensee.
LITIGATION - The act of initiating and carrying on a lawsuit. Often used to refer to the lawsuit itself.
LOST PROPERTY - Personal property that has been inadvertently put aside and then forgotten by the rightful owner.
MEDIATION - A process in which an appointed, neutral third party (the mediator), assists those involved in a dispute with resolving their own differences. The result of mediation, when successful, is known as the "settlement".
MERCHANTABLE - Suitable for buying and selling.
MINIMUM WAGE - The least amount of wages an employee covered by the FLSA or state law may be paid by their employer.
MISLAID PROPERTY - Personal property that has been put aside on purpose, but then forgotten by the rightful owner.
MORTGAGE - The pledging of real property by a debtor to a creditor to secure payment of a debt.
NEGLIGENCE PER SE - When a rule of law is violated by the operator; such violation of a rule of law is considered to be so far outside the scope of reasonable behavior that the violator is assumed to be negligent.
NEGLIGENT (NEGLIGENCE) - The failure to use reasonable care.
NEGLIGENT HIRING - Failure on the part of an employer to exercise reasonable care in the selection of employees.
NON-COMPETE AGREEMENT - A contractual agreement between two parties in a business relationship in which one party, upon termination of the business relationship, agrees not to compete within a designated geographic area, or for a designated period of time.
NON-GUARANTEED RESERVATION - A contract to provide a confirmed reservation where no pre-payment or authorization is required.
OFF THE RECORD - An oral agreement between a reporter and an interviewee wherein the reporter promises not to quote the interviewee’s comments for publication.
OFFER - A proposal to perform an act or pay an amount which, if accepted, constitutes a legally valid contract.
OMBUDSPERSON - A company official, appointed to investigate and resolve worker complaints.
OVERSTAY - A guest who refuses to vacate their room when they have exceeded the number of nights originally agreed to at check-in.
PATENT - A grant issued by a governmental entity ensuring an inventor the right to exclusive production and sale of their invention for a fixed period of time.
PER OCCURRENCE - The maximum amount which can or will be paid by an insurer in the event of a single claim.
PERFECT (Lien) - To make a public record of a lien.
PERSONAL INJURY - Damage or harm inflicted upon the body, mind or emotions.
PLAINTIFF - The person or entity who initiates litigation against another. Sometimes also referred to as the claimant, petitioner, or applicant.
POLICY (INSURANCE) - The contract for insurance agreed upon by an insurer and an insured.
POST-TRAUMATIC STRESS DISORDER - A severe reaction to an event that threatened an individual’s physical or emotional health.
PREMIUM - The amount paid for insurance coverage; can be paid in one lump sum or over time, such as monthly.
PRESS RELEASE - An official statement, from an individual or organization, which is distributed to the media and other parties judged to be interested in the information it contains.
PRIMARY COVERAGE - The amount of insurance provided by a traditional insurance policy.
PROGRESSIVE DISCIPLINE - An employee development process that provides increasingly severe consequences for continued violation of workplace rules.
PROPERTY - Includes money, tangible items, and intangible rights that have a value or are a source of income.
PROXIMATE CAUSE - The event or activity that directly contributes to (causes), the injury or harm.
PUBLIC ACCOMMODATION - A facility that provides entertainment, rooms, space or seating for the use and benefit of the general public.
PUBLIC DOMAIN - Property which is owned by all citizens, not an individual.
PUNITIVE DAMAGES - A monetary amount used as punishment and to deter the same wrongful act in the future by the defendant and others.
QUID PRO QUO - Latin term for, "Giving one thing in return or exchange for another."
QUITCLAIM DEED - A quitclaim deed conveys only such rights as the grantor has. This type of deed transfers the owner’s interest to a buyer, but does not guarantee that there are no other claims against the property, or that the property is indeed legally owned by the seller.
REAL ESTATE - Land, including soil and water, buildings, trees, crops, improvements and the rights to the air above and minerals below the land.
REAL PROPERTY - Land and all the things that are permanently attached to it.
REASONABLE CARE - The degree of care that a reasonably prudent person would use in a similar situation.
RESPONDEAT SUPERIOR - literally; "Let the Master Respond", A legal theory that holds the employer (master) responsible for the acts of the employee.
RIGHT OF FIRST REFUSAL - A clause in a contractual agreement between two parties in a business relationship in which one party, upon termination of the business relationship, can exercise the right to buy the interest of the other party before those rights can be offered for sale to another
"S" CORPORATION - A type of business entity that offers liability protection to its owners and is exempt from corporate taxation on its profits. Some restrictions limit the circumstances under which they can be formed.
SAFETY PROGRAM - Those procedures and activities designed to ensure the physical protection and good health of guests and employees.
SECURITY AGREEMENT - A contract between a lender and borrower that states the lender can repossess the personal property a person has offered as collateral if the loan is not paid as agreed.
SECURITY INTEREST - A legal ownership right to property.
SECURITY PROGRAM - Those procedures and activities designed to protect the property or assets of guests, employees and the business.
SEGREGATE - To separate a group or individual on any basis, but especially by race, color, religion, or national origin."
SERVICE CHARGE - An amount added to a guest’s bill in exchange for services provided.
SMALL CLAIMS COURT - A court designed especially to hear lawsuits entailing relatively small sums of money. They can provide a speedy method of making a claim without the necessity of hiring a lawyer and engaging in a formal trial.
SOCIAL HOST - A non-licensed provider of alcohol, typically in a party or similar gathering.
SOLE PROPRIETORSHIP - A business organization in which one person owns and often operates the business.
STANDARD OF CARE - The industry-recognized, reasonably accepted level of performance used in fulfilling a Duty of Care.
STATUTE OF LIMITATIONS - Various laws that set maximum time periods in which lawsuits must be initiated. If the suit is not initiated (or filed) before the expiration of the maximum period allowed, then the law prohibits the use of the courts for recovery.
STRICT LIABILITY - Responsibility arising from the nature of a dangerous activity rather than negligence or an intentional act. (Also known as absolute liability or liability without fault.)
SUBLET - To rent property one possesses by a lease, to another. Also called subleasing.
SUBPOENA - A court authorized order to appear in person at a designated time and place; or to produce evidence demanded by the court.
TANGIBLE PROPERTY - Personal property that has physical substance and can be held or touched. Examples include furniture, equipment, or inventories of goods.
TENANT - Anyone, including a corporation, who rents real property for an extended period of time with the intent of establishing a permanent occupation or residency; The lessee in a real property lease. .
THIRD PARTY LIABILITY - A legal concept that holds the second party (seller) in an alcohol transaction liable for the acts of the first party (consumer), and also for any harm suffered by a third party as a result of the first party’s actions.
TIP - A gratuity given in exchange for a service performed.
TIP CREDIT - The amount an employer is allowed to consider as a supplement to employer paid wages in meeting the requirements of applicable minimum wage laws.
TIP POOLING - An arrangement whereby service providers share their tips with each other on a pre-determined basis.
TITLE - The sum total of all legally recognized rights to the possession and ownership of property.
TITLE SEARCH - A review of land records to determine the ownership and description of a piece of real property.
TORT - An act or failure to act (not involving a breach of contract), that results in injury, loss or damage to another (i.e. negligence is an unintentional tort; whereas battery, physically touching someone, is usually an intentional tort).
TRADE DRESS - A distinct visual image created for and identified with a specific product.
TRADEMARK - A word, name, symbol, or combination of these that indicates the source or producer of an item.
TRANSIENT GUEST - A customer who rents real property for a relatively short period of time (i.e., small number of days with no intent of establishing a permanent residency).
TRUTH IN MENU - The collective name given to various laws and regulations that have been implemented to ensure accuracy in the wording of menus.
TYING ARRANGEMENT - An often illegal agreement requiring that, as a precondition of purchasing or obtaining services, other services must be purchased and must be purchased through the seller.
UMBRELLA - Insurance coverage purchased to supplement primary coverage. Sometimes referred to as excess insurance.
UNDERWRITE - To assume agreed upon maximum levels of liability in the event of a loss or damages.
UNEMPLOYMENT CLAIM - A petition, submitted by an unemployed worker to their state unemployment agency, that asserts the worker is eligible to receive unemployment benefits.
UNEMPLOYMENT COMPENSATION - A benefit paid to an employee who involuntarily loses their employment without just cause.
UNEMPLOYMENT INSURANCE - A program, funded by employers, that provides temporary money benefits for employees who have lost their jobs.
UNIFORM COMMERCIAL CODE (UCC) - A model statute covering things such as the sale of goods, credit, and bank transactions. All states have adopted the UCC, with the exception of Louisiana.
VICARIOUS LIABILITY - A party’s responsibility for the acts of another which result in an injury, harm or damage.(see also Respondeat Superior) .
WARRANTY - A promise about a product made by either a manufacturer or a seller that is a part of the sales contract.
WARRANTY DEED - A deed that provides that the person granting the deed agrees to defend the title from claims of others. In general, the seller is representing that they fully own the property and will stand behind this promise.
WHISTLE-BLOWERS PROTECTION ACTS - Laws which protect employees, who have reported illegal employer acts, from retaliation by that employer.
WORKERS’ COMPENSATION - A benefit paid to an employee who suffers a work-related injury or illness.
WRONGFUL TERMINATION - A violation, by the employer, of the employment relationship resulting in the unlawful firing of the employee.