Sport Law - Answers - Application of existing laws to the sport setting
- Some new laws have been enacted specifically for the sport industry (e.g. SPARTA)
Many of earliest U.S lawsuits in sport industry involve _____ - Answers Professional Baseball
First sport law course was offered in ______ at ___________ - Answers 1972, Boston College
Risk management - Answers Developing management strategy to maintain greater control over legal
uncertainty
Prevention - Answers Keeping problems from arising
Intervention - Answers Having action plan to follow when problems do occur
DIM Process - Answers - Develop, Implement, and Manage Risk
- Include all employees in the three-stage process
Judicial Review - Answers Occurs when plaintiff challenges a rule in sport organization and court
determines whether it should review the sport organizations decision
Tort - Answers an injury or wrong suffered as the result of another improper conduct
Gross negligence - Answers occurs when defendant acts recklessly and fails to realize harm caused
Negligence - Answers Unintentional tort and is the most common tort that sort managers encounter
Sport managers are negligent when - Answers - They commit an act/ omission injury to a person to
whom they owe a duty of care
- Negligence imposes a duty to refrain from careless acts
Vicarious Liability - Answers Pprovides a plaintiff with a cause of action to sue a superior for the
negligent acts of a subordinate
Agency Law - Answers - Describes a relationship in which one party, the agent, agrees to act for and
under the direction of another, the principal
- Purpose is to establish duties that principals and agents owe each other
Contract - Answers Written or oral agreement between two or more parties; creates legal obligation to
fulfill the promises
Contract Formation - Answers Offer, Acceptance, Consideration, Legality, Capacity
, Breach - Answers Contract "promise" is broken
Waiver and releases - Answers Contract in which participant gives up right to sue
Constitutional Law - Answers Developed from precedents established by courts applying language of
U.S. constitution and state constitutions to actions and policies of governmental entities
Four constitutional challenges frequently arise in sports - Answers - Due process
- Equal protection
- Unreasonable search and seizure
- Invasion of privacy
Constitutional Law State Action - Answers U.S. Constitution and state constitutions do not apply to
private entities
Due Process: 5th and 14th Amendments - Answers - The right to notice and hearing before life, liberty,
or property may be taken away
Equal Protection: 14th Amendment - Answers No person shall be discriminated against unless a
constitutionally permissible reason for discrimination exists
Strict Scrutiny - Answers On the basis of race, religion, or national origin
Legitimate Interest - Answers On the basis of gender; discrimination can occur only if legitimate interest
for doing so exists
Rational basis - Answers Discrimination on any other status or classification
Invasion of Privacy - Answers There is no specific amendment for invasion of privacy; court has implied
one from constitution
Title IX - Answers Comprehensive statue aimed at eliminating sex discrimination in educational
institutions that receive federal funding
Sherman Antitrust Act (1890) - Answers Promote competition in the free market, break up business
trusts and monopolies, and prohibit anti competitive activity by businesses
Exemptions - Answers All professional sport leagues and tours (except MLB) are subject to antitrust rules
Labor Exemption - Answers Restrictive practices are exempt from antitrust law when those practices
have been negotiated in collective bargaining agreement if:
~ Party to CBA
~ Mandatory subject for bargaining