RESM 4080 Test 1

A court in the state of Texas determines that the participant was 25% at fault for his/her injuries and awards $100,000. How much money will the participant receive?

75,000

Which of the following statements about Premises Liability is FALSE?

A party can prove Actual Notice in court by using the "recurring incident theory."

Which of the following individuals are NOT protected by "absolute" privilege?

A sports commentator

Which of the following is an example of Slander?

A verbal statement which accuses the plaintiff of criminal conduct.

means that you did not do something you should have done (i.e., you didn't put out a caution sign to warn customers of the wet floor).

Act of omission

refers to situations when the premise owner becomes aware of a problem or defect on the land.

Actual Notice

requires all federal agencies to establish policies for the voluntary use of Alternative Dispute Resolution (ADR) as a prompt, expert, and inexpensive means of resolving disputes as an alternative to litigation in federal courts.

Administrative Dispute Resolution Act of 1990

Which of the following statements about the Statute of Frauds is FALSE?

Agreements that cannot be performed within three years must be in writing to be enforced.

Which of the following is an example of primary assumption of risk?

An individual knows that playing basketball can lead to an ankle sprain or ACL tear but decides to participate despite those risks

Which of the following is NOT a legal obligation Sport and Recreation Facility managers owe to users?

Anticipate all uses of the facility and take every precaution to protect users

You see the school's bully walking towards you in the hallway. You become fearful because you reported the bully to the school principal last week after he beat up some kids in the locker room. As the bully gets close to you, he yells "You're going to pay for telling on me" and throws a punch at your face. You are able to completely avoid the punch and run away to safety. What is the bully guilty of?

Assault

Which of the following is NOT an example of an inherent relationship?

Athlete and athlete

You are walking down the hallway. Unknown to you, the school bully sneaks up behind you and punches you in the back of the head as payback for telling the principal on him. As the bully runs away from the scene he yells, "That is for being a snitch." What is the bully guilty of?

Battery

Which of the following statements about Warranties is FALSE?

Claims of Breach of Warranty are codified and primarily governed by the Privity of Contract Doctrine.

damages are awarded based on the rationale that they would restore the injured party to the position he or she would be in if the injury did not occur.

Compensatory

can be established under two theories: 1) the dangerous condition existed for a sufficient amount of time so that it would have been discovered by the exercise of ordinary care, or 2) the dangerous condition was part of a pattern of conduct or a recurring incident.

Constructive notice

Which of the following statements about Contracts is FALSE?

Contract is a formal term used to describe an involuntary agreement that imposes duties and benefits upon the parties.

In an emergency situation, the _____ is the individual who is responsible for keeping people away from the scene.

Control Person

The main organization in the world which resolves conflicts in sports is

Court of Arbitration for Sport

is the body of law made up of state and federal statutes that define certain offenses against persons, against public welfare, and against the government.

Criminal law

refers to that which tends to injure reputation, to diminish the esteem, respect, goodwill, or confidence in which the plaintiff is held.

Defamation

Which of the following is NOT a common defense to Assault and Battery?

Double jeopardy

An employment contract should state that "the employee agrees to devote his/her best effort to full-time performance as the position requires." This information should be included in the _____ section of the contract.

Duties and Responsibilities

refers to a responsibility toward others to protect them from unreasonable risk of injury.

Duty

is defined as extending to certain individuals the right to use of the land of another for a specific purpose.

Easement

Fifteen-passenger vans are one of the most dangerous modes of travel for teams. Consequently, researchers have made policy recommendations in regard to vans. Which of the following is a policy recommendation stated in the textbook?

Eliminate 15-passenger vans, if possible, and travel more frequently by bus.

"ERP" stands for

Emergency Response Plan

Which of the following is NOT one of the four elements of Emergency Care?

Evaluation of emergency procedures

is an oral or written statement of fact, promise, description, or model that a buyer relies upon when purchasing products

Express warranty

If three out of the four elements (Duty, Breach of Duty, Damage/Injury, and Proximate Cause) are present, negligence exists.

False

is the term used to describe a landowner who has complete control of the property.

Fee Simple Absolute

relationship is one involving a person in a position of trust who undertakes to act for the benefit of another.

Fiduciary

Which of the following statements about Transportation is FALSE?

Generally, organizations have a legal obligation to provide transportation to and from events or activities.

"Mens rea" means

Guilty mind

You are the Athletic Director at a small university. You need to provide travel for the baseball team to an away game. Which of the following travel options has the least potential of liability for you and the university?

Hiring a bus company to transport the players

Which of the following statements about Guest Property and/or Guest Privacy is FALSE?

Hotel management and staff are authorized to enter a guest's room at any time.

Which of the following is NOT a common defense to Defamation claims?

Immunity

Which of the following statements about "Providing a Safe Environment" is FALSE?

In cases of "Compulsory Participation," the defendant cannot be held liable for the participant's injuries because of assumption of risk.

Which of the following statements about Criminal Law is FALSE?

In criminal law, the victim is responsible for filing a claim against the perpetrator.

Which of the following statements about Jurisdiction is FALSE?

In most states, jurisdiction over corporate defendants (i.e., businesses) is determined by whether or not the business has a physical office located within the state.

risks are those that are a normal, integral part of the activity, or risks that cannot be eliminated without changing the nature of the activity itself.

Inherent

means that the defendant does not have the assets with which to satisfy the plaintiff's award for damages.

Judgment proof

is one who has permission to enter or use another's premises, but only for one's own purposes and not for the occupier's benefit.

Licensee

A neighbor invites you over to his/her house to attend a BBQ and pool party. You agree and attend the event. You are considered a _____ and the neighbor owes you the duty of

Licensee, less than the highest level of protection

defects refer to production errors that result in flaws to a product.

Manufacturing

Which of the following individuals IS involved in the Alternative Dispute Resolution process but does NOT have the power to impose or force a solution on the parties?

Mediator

Which of the following states has the largest possible fine as a penalty for Hazing?

Michigan

You are eating at a restaurant when suddenly the person at the table next to you begins choking. Although you are only a college student, you have been trained in CPR and first-aid. You are qualified to perform the Heimlich maneuver if needed. Do you have a duty to help the person choking?

No

You own a fitness center which employs personal trainers. Unknown to you, a trainer showed up for work one day intoxicated and injured one of his/her clients. The personal trainer did not have a history of coming to work intoxicated. Are you (the business) guilty of negligence?

No

You are a Division I football coach. Your employment contract contains a Covenant not to compete clause. The clause states that if you resign or are terminated, you cannot coach for any other college football programs in the same conference for the next five years. Is this clause enforceable?

No, it is for too long a period of time

You manage a hockey team. You contact the local ice rink to discuss leasing the facility for your upcoming season. The ice rink states they will lease the rink to you for $50,000 for the entire season. You agree to the $50,000, but request that the rink provide a Zamboni driver so you don't have to hire someone. Does this constitute a contract?

No, they made an offer but you did not accept it

You work for Nike. The best college basketball player in the country just declared for the NBA draft and Nike wants you to sign him to a shoe deal. You contact the player and tell him Nike is interested in a sponsorship deal. The player informs you that he has already signed a contract with Adidas but he would much rather work with Nike. You tell the player you can't continue the discussion at this time because he is under contract. The next day, you see on the news that the player is attempting to end his contract with Adidas. Are you guilty of tampering?

No, you didn't know the player already signed a contract

You are the athletic director at a large university. You schedule a home-game with Blue Mountain State for the following season and both parties sign the game contract. A few months later, BMS backs out of the contract and schedules a game with someone else. You are able to replace BMS with the University of North Texas and don't lose any money because of BMS's actions. If you choose to take BMS to court for breaching the contract, what type of damages are you most likely to be awarded?

Nominal damages

Which of the following is NOT a duty owed to participants by recreation providers?

Obligation to prevent injuries

The primary function of a waiver is to protect the service provider from liability for injuries resulting from

Ordinary negligence

Which of the following is considered a crime against "Public Health, Safety, and Welfare"?

Point-shaving

is the body of law which makes the person who is in possession of land responsible for certain injuries suffered by persons who are present on the land.

Premises Liability

is the right to be left alone; to live one's life as one chooses free from assault, intrusion, or invasion except as they can be justified by the clear needs of the community under a government of law.

Privacy

A neighbor of yours creates a shooting range in his backyard. For the past two weeks, the shooting range has had people shooting every night from 6pm until 11pm. The range is close enough to your house that the noise shakes your windows. You want to file a lawsuit against your neighbor to make the noise stop. What type of lawsuit will you file?

Private nuisance

Which of the following is NOT one of the primary duties of supervision?

Providing effective transitional supervision

refers to an act from which an injury is the natural, direct, and uninterrupted consequence (i.e., the breach of duty causes the injury).

Proximate cause

is someone who works for a government and draws a salary from the public payroll.

Public official

damages are intended to punish the wrongdoer for outrageous conduct and to deter such acts in the future.

Punitive

Which of the following Tort Remedies is also known as "Exemplary Damages?"

Punitive damages

You have volunteered to help teach a gymnastics class of 7 and 8-year-old children. The main instructor asks you to supervise the children on the Vault because you performed this event in college and this is the first time the children will be learning the event. Which type of supervision is appropriate?

Specific

supervision is constant and continuous.

Specific

Which of the following remedies to a Breach of Contract is NOT a monetary award?

Specific performance

is the body of law that is created by acts of a legislative body.

Statutory law

You own a baseball bat company. Your company developed a new type of material which makes the bat hit the ball farther and faster than any other bat on the market. Your bat is a great success amongst hitters. However, since the introduction of your bat, injuries to pitchers and third basemen due to being hit by line drives have tripled. Which of the following are you most likely to be sued for?

Strict liability

is a term used to describe when one team attempts to lure a player who is clearly under contract to another team.

Tampering

A "just cause" clause should be included in the _____ section of the employment contract.

Termination clause

The "due process rights" of the employee should be included in the _____ section of the employment contract.

Termination clause

In which of the following states is an Anti-Hazing Policy required in all schools?

Texas

Which statement shows the individual is most likely an Employee rather than an Independent Contractor?

The Employer provides the individual with all tools, equipment, and materials needed to perform the job.

The decision of an arbitrator may be disputed and, under the Revised Uniform Arbitration Act, may be vacated in certain situations. Which of the following is NOT a situation where a party can dispute the arbitrator's decision?

The arbitrator was not a licensed attorney in the state.

Which of the following statements about the Parol Evidence Rule is FALSE?

The final contract is not a complete final statement of the parties' agreement. Therefore, any prior or contemporaneous oral or written statements that alter, contradict, or add new information regarding the agreement are admissible in any court proceeding concerning the contract.

Which of the following is NOT a common element included in most "Good Samaritan" statutes?

The individual must be providing the aid at a medical facility

Which of the following is NOT a condition required by Recreational User Statutes?

The landowner must charge a fee to participants for using his/her land

Which of the following statements about Automated External Defibrillators (AEDs) is FALSE?

The law requires service providers/facilities to use AEDs in emergency situations if the facility is legally required to have an AED on the premises.

Which of the following statements about Intentional Infliction of Emotional Distress is FALSE?

The plaintiff must show that the defendant's conduct and/or actions were illegal.

You have been accused of assault and battery. You can only be found guilty of a crime if

The plaintiff proves "beyond a reasonable doubt" that you committed the crime

Which of the following is NOT a circumstance considered by courts under the "Totality of Circumstances" test?

The severity of the damages/injuries

Which of the following is a defense to Breach of Warranty under Products Liability?

The user failed to properly maintain the product.

Which of the following is NOT an element of intentional torts?

There must be a duty owed

The purpose of state Anti-Hazing Statutes is

To allow prosecutors to file criminal charges against the individual(s) who performed the hazing

Conduct/actions that are beyond the scope of responsibility and authority of the employee are considered Ultra Vires Acts.

True

Which of the following is NOT a common defense to a Breach of Contract claim?

Unilateral mistake

Which of the following is NOT a form of Alternative Dispute Resolution?

Unionizing

The right to privacy involves four distinct theories or ways in which one's privacy can be invaded. Which of the following is NOT one of the four theories and/or ways?

Unreasonable disclosure of public facts.

An employer is directly responsible for the negligence of its employee if the employee was acting within the scope of his/her job responsibility. This is known as

Vicarious liability

Which of the following statements about Defamation and the First Amendment is FALSE

We have a right to know, ask, and talk about the past financial dealings of our next door neighbor or a coworker in a public forum.

You are driving home from work when you notice someone unconscious on the side of the road. You pull your car over to see if the person is okay. You check his/her vital signs and the person is not breathing but does still have a pulse. You are certified in CPR and first-aid. Do you have a duty to perform rescue breathing on the person?

Yes

You are the Athletic Director at a large DI university. You hear a rumor that your basketball coach is having an affair with one of the players on the team. After investigating, you find out the rumor isn't true, but you decide to spread the rumor to the media because you need a reason to fire the coach. After firing the coach, he is unable to get another coaching position because everyone associates him with the affair. Are you guilty of defamation?

Yes, because you knew the rumor was false and publicized it anyway

You see an advertisement for a triathlon in your area. The ad states that first prize for winning the triathlon is $10,000 cash. You compete in the triathlon and win the race. After the event, the organizers contact you and inform you that, due to low participation at the race, they cannot give you the $10,000 prize. Instead, they offer you free admission to all future races. Are the race organizers guilty of breaching a contract?

Yes, the advertisement constituted a unilateral contract

You interview with a local soccer organization to become a youth soccer coach. A few days after the interview, the organization sends you an email that you have been accepted as a coach in the league. A coaching contract is attached to the email. You are supposed to sign the contract and mail it back to the organization, which you do immediately. Two-weeks later, you show up at the coaching workshop at the league office. The league asks why you are there and informs you that they already hired someone else because you never signed the contract. Upon further inspection, you find out your letter was delivered to the wrong address by the mailman. Does this constitute a contract?

Yes, the offer was accepted when you placed the signed contract in the mail

You are a sports agent who represents two baseball players. One player is a pitcher and the other is an outfielder. Both players are free agents and want to play for the Houston Astros. You decide to negotiate with the Astros to get both players long-term contracts for next season. Is this strategy okay?

Yes, there is nothing wrong with representing both in this situation

You own a golf course. The PGA approaches you about holding an annual tournament at your course over the next five years. You and the PGA create a contract at a meeting together. You sign the contract the next day and send it to the PGA for them to sign. Unknown to you, the PGA never signs the contract. However, the PGA holds tournaments at your course over the next two years. Between the second and third year, the PGA informs you that they no longer wish to hold tournaments at your course. Is the PGA guilty of breaching a contract?

Yes, you and the PGA had an implied contract

Your neighbor has had his home broken into 10 times in the last year. Frustrated, your neighbor digs a hole in his backyard and hides the hole with sticks and leaves. A few days later, his house is broken into again. However, while running away, one of the trespassers fell into the hole and broke his leg. Can the trespasser file a lawsuit against your neighbor?

Yes, your neighbor owes a duty to trespassers to refrain from making the premises more dangerous than would be expected (i.e., not set traps)

You are at an intramural basketball game. During the game, the opposing team goes on a fast-break and you are the only one to defend the hoop. You decide that fouling is the best option and you intentionally reach out to grab the arm of the player with the ball. However, you miss the player's arm and your hand strikes his nose, breaking it. What are you guilty of?

You are not guilty of anything

You participate in an adult basketball league. During a game, you and a teammate go up for a rebound. Upon landing, the teammate's foot lands on your foot and shatters his/her ankle. Which of the following is true?

You are not guilty of negligence