Sports Law
Retention, Treatment, Transfer, Avoidance
Name the four options to take once a risk has been recognized (Action step)
Single Entity Act
(used by the NFL more than any other league) A single entity cannot violate section 1 of the Sheman Act because there is no combination or agreement between two parties, the first element needed for a violation of section 1.
Strict Liability
A concept of liability regardless of fault *Plaintiff needs to show only that the product was defective when it left the defendants hands and that the defect caused the caused the plaintiffs' injuries
Patent, 20
A document provided by the federal government that give the owner the right to exclude others from reproducing the patented invention for ______ years
Ncaa & board of regents of the university of oklahoma
1984 case between the _________ & _____________ was the first successful case which challenged the NCAA antitrust violation due to the restriction of televised games.
Impasse
A situation that occurs when the parties negotiating an agreement have reached a point where they can make no further progress because they cannot agree on further changes to the agreement.
Comparative Negligence
A system that apportions damages according to the degree to which each party is at fault.
Consumer & producer
Antitrust laws are designed to benefit the ______ and to protect the _______ from the growing monopoly power of big business
Curt Flood Act
Allows baseball players to sue MLB if they believe that some condition of their employment may violate the antitrust law.
Clayton Act
Allows for damages to be tripled when a court finds that there has been a violation of the Sherman Act
Appellate court
An appeal is formal request to a higher court to review the lower courts decision
Sports Broadcasting Act
An exemption for the Sherman Act section 1: Allows professional hockey, football, baseball, and basketball to pool and sell their rights in games telecasts.
Express warranty
Arises through advertising, sales literature, product labeling, and oral statements in which the seller asserts a fact of make a promise that relates to the quality of the goods.
Intentional Tort
Civil wrong resulting in harm to person or property that is committed with intent
Statutory Law
Cover crime, civil rights, housing, and all matters that the legislative branch has constitutional power to legislate.
Labor Exemptions
Created by the US Supreme court so when employers and employees have agreed to a collective bargaining agreement in good faith, neither of them can bring an antitrust challenge related to the terms of the agreement
Ambush marketing
Creates an advertising or promotional campaign that confuses consumers and wrongly implies that the company is an official sponsor of an event
January 26, 1993
Facilities constructed after this date must comply with the ADA's strict accessibility standards.
Oligpony
Fewer producers or sellers of a product
Gross Negligence
Heightened degree of negligence is found in a case. The defendants' responsibility is magnified so that is at a higher degree than that found in ordinary negligence
30%
In order to unionize, a group of employees must file a petition with the NLRB office and at least____% of the employees must support the decision.
Risk identification
Involves finding hazards and determining the potential liability that might result if a hazard if not property addressed.
Monopsony
Market situation in which there is only one buyer
Consequential Damages
Monetary relief for a part's economic losses that were caused indirectly by the original breach of contract.
Standard of care (Duty, Responsibility Breach of duty (Failure to meet the standards of care) Causation (Proximate cause, Cause in fact) Injury (damages) (Actual harm must exist)
Name 4 items you need in order to prove Negligence
Court decisions (case law), US & state constitutions, statues, and administrative agency regulations
Name a primary source of legal resources
Law review articles, textbooks, dictionaries, journals, legal en
Name a secondary source of legal resources
Textbooks, dictionaries, journals, law review articles, legal encyclopedias
Name a secondary source of legal resources
The restraint of trade affects only the parties to the collective bargaining agreement The restraint is a mandatory subject of collective bargaining The collective bargaining agreement is the product of arms-length bargaining, meaning that each party has an equally strong position to bargain from.
Name the 3 part test used with labor exemptions
1. Formation of planning team 2. Develop action plan 3. Evaluation of Emergency equipment 4. Post-crisis communication 5. Post-crisis reports 6. Testing the plan
Name the components of a Crisis Management Plan
State trial court>State appellate court>State Supreme court>US Supreme Court Federal district court>Federal appellate court>US Supreme Court
Name the hierarchy of the US court system
1. Right to form, join, or assist labor organizations 2. Right to bargain collectively with an employer 3. Right to engage in concerted activities
Name the rights under NLRA Section 7
Offer, Acceptance, & Consideration
Name the three required elements for a contract to be enforceable
Substantive due process Procedural due process
Name two types of due process
Appropriation
Occurs when someone uses, without permission and for her own benefit, the name, likeness, or other identifying characteristic of another person
Slander
Oral form of defamation
Moot case
Outside the courts power because there is not case or controversy
Implied warranty is satisfied when..
Pass without objection in the trade under the contract description Are fit for the ordinary purposes for which such goods are used Are adequately contained, packaged, and labeled Conform to the promises or affirmations of fact made on the container or label
Mediation
Private, informal process in which a neutral third party helps the parties in a dispute reach an agreement.
Lanham Act
Protects collective marks and service marks
Constitution, State Statue, Adminstratvie, Common Law
Provide an example of a primary legal resource:
Section 1 of Antitrust Act
Regulates agreements that restrain trade, focuses on anti-competitive behavior, regulates only the activities that affect commerce between two or more states.
Section 2 of Antitrust Act
Regulates entities that exhibit some form of monopoly power by possessing exclusive control over the means of selling and producing a product.
Breach of warranty
Remedy most commonly used by those who are simply dissatisfied with their product and wish to have it repaired or replaced
Negligence
Someone sustains personal injury yet there is no intent to cause injury
Recognition, Analysis, Action
Sport decision risk management model
Lemon, Endorsement, Coercion
The US Supreme Court has established three tests to determine whether religious practices challenged under the first amendment are unconstitutional
4 & 5 admendment
The due process clause is found in which amendment of the constitution?
Consideration
The exchange of value or benefit that each party agrees to give up because of contractual agreement
Boxing, tennis, golf, bowling, and auto racing
The following sports have been found to be a business engaging in interstate commerce and can be sued for alleged violations of antitrust laws
Dilution
The lessening of the capacity of a famous mark to identify and distinguish goods or services
Arbitrary or fanciful mark
The strongest mark an organization can have, inherently distinctive
Generic
These trademarks do not receive trademark protection, because they refer to the name or class of good or service and are too common
Fourth amendment
This amendment prohibits unreasonable search and seizures
Due Process (5th amendment)
This exist to protect people from arbitrary, capricious, and unreasonable government restriction.
Title III of the ADA
This title bars discrimination against disabled people
Valid offer and acceptance must be present
To have a valid and enforceable contract (waiver), one that will be legally binding the parties must agree to the following:
Show that two separate parties have an agreement Parties conduct taken under the agreement unreasonably restrains trade because the conduct is anti-competitive. Activity must affect INTERSTATE COMMERCE, that is, commerce that takes place between two or more states.
To prove antitrust in court, one must show what 3 things
Life, liberty, and property interest
To trigger the Due process clause, the government must attempt to deny persons of ___, ____, & _____
Collective mark
Used by members of an organization to indicate membership in that organization
Interrogatories
What is the information obtained for a case in a written form:
Price fixing
What is the term for an illegal agreement among members of a group, such as a professional sports league to set prices at a certain level to avoid competitive to avoid competition?
It creates power of acceptance in the offeree
What's the most important aspect of an offer
Trademark Infringement
When another organization uses another organizations trademark without their permission to capitalize on it success
Parole evidence rule
When contracting parties express their full intentions in writing, no other evidence can be introduced in a court of law that contradicts the terms of the written agreement.
Specific performance
When the court issue an injunction to order parties to carry out their contractual duties
Implied warranty
When the retailer, distributor, or manufacturer knows of a certain purpose for which the goods are required
Lanham Act
Which federal law provides trademark protections
Risk evaluation
Which of the following is the part of the risk management process which involves identifying the probability and severity of the injury:
Offer and acceptance
Which of the following represents elements of a contract:
NBL
Which of the four-major sports league does not have a player salary cap
Libel
Written form of defamation
Negligence
a theory that can be used in all product liability cases not matter what the type of defect. This is somewhat hard to establish unfortunately. Plantiffs have a difficult time showing the manufacturers and distributors acted unreasonable in the creation or sale
Lemon test
a three part test used to determine whether a government religious practice is constitutional.
Monopoly
an organization that possesses exclusive control over the means of selling and producing a product.
Union
an organized group of employees that uses their collective strength to protect the right and interests of the group's members.
Compensatory Damages
consist of money necessary to make up for whatever monetary loss a party has suffered attributable to the breach of contract
Product Liability
harm caused by a consumer product
Collective bargaining agreement
is the legal foundation for the legal relationship between players and management within a team sports. This falls under the Antitrust law: labor exemption
Assumption of Risk
legal defense by which plaintiffs may not recover for injuries in negligence when they have voluntarily exposed themselves to known and appreciated dangers
NLRB: National labor relations board
oversees and enforces the NLRA. Issues arising under the NLRA do no go immediately to the court system, but to this system.
Free agency
players are allowed to negotiate with other teams for their services.
Rozelle Rule
required a team signing a veteran free agent to provide compensation to the team that was losing the player. Rule stayed in place until 1975, when several players sued the NFL.
Salary Caps
set a limit on the amount of money a team can spend on players' salaries.
NLRA: National labor relations act
specifies what type of actions workers and employers are prohibited from engaging in.