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.