O&A quiz one (CH. 5&6)

To solve an ethical dilemma, decision makers try to make a(n) ______ argument.

Rational

What is not a form of discrimination prohibited under Title VII of the Civil Rights Act of 1964?

Sexual Harassment

Which of the following is not an example of judicial review of an athletic association decision?

The decision involves an on-field decision by an umpire or referee

Under the law of agency, the agent owes the principal fiduciary duties. Which of the following is NOT a fiduciary duty owed to the principal by the agent?

The duty to compensate or reimburse

Which is not a defense available to an employer in a vicarious liability claim?

The employee was properly trained by the supervisor/employer and thus, the employer is not negligent.

The law used to protect against ambush marketing is

The lanham act

Codes of conduct may be considered counterproductive if:

They are too long or complex to understand easily. They try to intimidate employees into acting morally. The organization does not demonstrate a commitment to them ALL THE ABOVE

Under the law of agency, the principal owes the agent certain duties. Which of the following is NOT a duty owed to the agent by the principal?

To negotiate a written contract with the agent

A principal may be held liable for unintentional torts committed by an agent acting in the scope of employment.

True

An athlete challenging an athletic association's rule is more likely seeking injunctive rather than monetary damages.

True

An injunction is an order from the court to do or not do a particular action

True

Courts have the power to grant two types of remedies: monetary damages and equitable relief.

True

Under the examples below, when would vicarious liability not apply?

When a security guard working for an independent contractor harms a patron at a New England Patriots game.

Under Title VII of the Civil Rights Act of 1964, it is not illegal to discriminate based on religion, gender, or national origin if the classification is

a bona fide occupational qualification

Vicarious liability is

a tort that allows a plaintiff to sue a superior for the negligent acts of a subordinate

Academic discussions of morality often start with a discussion of ______ versus ______.

absolutism; relativism

A moral rule of commercial work is to

be effecient

A recommendation from the ethical decision-making model is to consult an organization's ______.

codes of conduct

______ are probably the most visible statements of ethical philosophy and beliefs for a company, business, or organization.

codes of conduct

______ is similar to the regular decision-making process in business situations in that there is a given structure to follow

ethical decision making

Few areas of sport management present managers with more difficulty than ______.

ethical delimmas

_____ is the systematic study of values guiding our decision making.

ethics

An agent must never act on behalf of a principal when a conflict of interest is present.

false

Codes of conduct are unique to the sport industry in the United States.

false

Title IX of the Educational Amendments of 1972 bars discrimination in education against women only.

false

Sport law was first documented as a formally recognized specialty

in 1972 when Boston College Law School's Professor Robert Berry offered a course on legal issues and the professional sport industry.

To be effective, discipline must meet which of the following criteria?

meaningful and enforceable

In sport, an example of a(n) ______ is that all athletes give an honest effort whenever they compete.

moral principal

______ are generally accepted so broadly within a community that they are considered self-evident and largely go unquestioned

moral values

______ are the fundamental baseline values dictating appropriate behavior within a society

morals

______ argues that what is moral depends on the situation.

relativism

A moral rule of noncommercial work includes

respect contracts

An athlete challenging a drug test on the grounds that it is an unreasonable search and seizure would attempt to prove to a court that

taking the athlete's urine or blood for the test is an invasion of privacy.

To successfully show a defendant was negligent, a plaintiff must prove

that a duty of care is owed to the plaintiff by the defendant

A collective bargaining agreement is

the contract between the players and the owners in professional sport.

One of the biggest distinctions between moral decision making and other ethical decisions is

the extensive ramification of immoral choices.

A waiver violates public policy if

the parties are not of equal bargaining power.

An organization's ethical climate establishes the shared set of understandings that determine correct behavior and how ethical issues will be handled.

true

______, like ethics, is concerned with values guiding behavior.

Morality

Which of the following is NOT a way in which labor relations in professional sports are different from those in other industries?

Management in professional sports opposes unions much more strongly than employers in other industries.

The fundamental baseline values dictating appropriate behavior within a society are known as ______.

Morals

Which of the following is not a defense available to an employer to justify a disparity in pay?

A difference is gender

Before a sport manager is liable for negligence, the plaintiff must show that the sport manager owed the plaintiff a duty of care. A legal duty of care arises from which of the following origins?

A. A relationship inherent in a particular situation B. A voluntary assumption of the duty of care C. A duty mandated by a law ALL OF THESE ARE CORRECT

Which of the following statements are true?

A. Major League Baseball is the only professional sport league exempt from antitrust laws. B. All professional sports leagues' national broadcasting agreements are exempt from antitrust laws. C. Professional sport leagues' collective bargaining agreements are exempt from antitrust law under the labor exemption. NONE of these are correct.

A valid contract contains which of the following elements?

A. Offer and acceptance B. Capacity C. Consideration D. Legality All of these are correct.

A collective bargaining agreement is a contract that sets forth

A. hours provisions. B. wage provisions. C. terms and conditions of employment. All of these are correct.

Equal protection applies to discrimination on the basis of

A. race, religion, and national origin. B. gender. C. such areas as physical or mental disability, sexual orientation, socio-economic background, or athletic team membership. All of these are correct.

Choose all that apply. In describing the relationship between laws and morality, it is true to say that ______.

A. something may be legal and yet immoral B. something may be illegal and immoral D. something may be distasteful, but neither illegal nor clearly immoral, depending on the situation

The goal of risk management is

A. to develop a management strategy to maintain greater control over legal uncertainty. B. to intervene when problems do occur to minimize their disruption to a business. C. to prevent problems from occurring. All of these are correct

______ argues that moral precepts are universal; that is, applicable to all circumstances.

Absolutism

What statement most accurately describes the current status of Major League Baseball's antitrust exemption?

After the enactment of the Curt Flood Act of 1998, MLB's pooled television rights are now exempt from antitrust scrutiny.

The U.S. Supreme Court case, PGA Tour Inc. v. Martin (2001) involved a challenge to PGA Tour rules under what statute?

Americans with Disabilities Act

What area of law has left an indelible mark on the structure and nature of labor relations in professional sport leagues?

Antitrust law

Female coaches whose salaries are not equal to those of their male counterparts have filed ______ lawsuits.

Equal Pay act

The Sport Broadcasting Act of 1961 does what?

Exempts the major professional sports leagues' national television deals from antitrust liability in pooling their television rights as a league.

All professional sport organizations except Major League Baseball are exempt from antitrust laws.

False

Laws and morality are essentially the same.

False

Procedural due process requires that the accused be given notice, the opportunity for a hearing, and the right to a government-appointed lawyer.

False

The National Labor Relations Act governs the labor management relationship for all public and private employers

False

Waivers and releases of liability are contracts where parties agree to give up their right to sue for all types of torts.

False