Ch 5. Legal Principles

Question 1

What is sport law?

Answer 1

application of existing laws to the sport industry

Question 2

Who are sport lawyers?

Answer 2

people who represent parties in a dispute & draft and interpret rules and regulations

Question 3

When were the earliest sport cases and for which sport?

Answer 3

in the 1600s and baseball because it was the first professional sports league, players had no free agency and owner disputes

Question 4

What is risk management?

Answer 4

developing a strategy to maintain control over legal uncertainties

Question 5

What are the two goals of risk management?

Answer 5

prevention and intervention

Question 6

What is prevention?

Answer 6

keeping problems from arising

Question 7

What is intervention?

Answer 7

having a plan of action to follow when problems do occur

Question 8

What is the DIM Process?

Answer 8

Develop, implement, and manage

Question 9

What is an example of a risk management plan for Rice?

Answer 9

light falling on student, harassment, building collapse

Question 10

What is an example of a risk management plan for the Houston Rockets?

Answer 10

food poisoning, Malice in the Palace, and player falling on a customer

Question 11

What are torts?

Answer 11

conduct that is either careless or intentional that results in harm or injury to people or property

Question 12

Are torts criminal or civil?

Answer 12

civil because it brings a case of another entity that does not involve jail time

Question 13

What to tort laws seek to do?

Answer 13

provide monetary compensation to the injured party and deter others from similar conduct in the future

Question 14

What are intentional torts?

Answer 14

when one person purposely causes harm to another OR engaged in an activity that is substantially certain to cause harm

Question 15

What is gross negligence?

Answer 15

occurs when a defendant acts recklessly (the person knows that the act is harmful but fails to realize the degree of harm that results)

Question 16

What is negligence?

Answer 16

unintentional/no intent to cause harm (owe a duty to act with care)

Question 17

What are the four elements a plaintiff has to meet?

Answer 17

• Duty of Care
• Breach of Duty
• Causation
• Injury

Question 18

What is Duty of Care?

Answer 18

inherent relationship, voluntary assumption, and duty mandated by law

Question 19

What happens when the Duty of Care was breached?

Answer 19

plaintiff must prove that the defendant’s conduct breached the standard of care owed to the plaintiff

Question 20

What does the plaintiff mean by causation?

Answer 20

the plaintiff must prove that the act (or failure to act) caused the injury/harm

Question 21

What does the statement “but for” mean?

Answer 21

but for the defendant’s actions, the plaintiff would nor have been hurt

Question 22

What is proximate cause?

Answer 22

the act and the injury are strongly or direction linked (“foreseeability”)

Question 23

What does the plaintiff mean by injury?

Answer 23

real physical or emotional harm

Question 24

What is an injunction?

Answer 24

a court order to DO or NOT DO something (prevents an irreparable injury)

Question 25

What are examples of irreparable injuries?

Answer 25

• risk of physical harm or death
• loss of special opportunity
• deprivation of a unique/irreplaceable property

Question 26

What is vicarious liability?

Answer 26

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

Question 27

Do employers need to be negligent to be held liable?

Answer 27

NO

Question 28

What are the three defenses for an employer held liable?

Answer 28

• not negligent
• not acting within the scope of their employment
• independent contractor

Question 29

What are the two types of damages under gross negligence?

Answer 29

compensatory and punitive

Question 30

What is compensatory damage?

Answer 30

compensate the person who was harmed

Question 31

What is punitive damage?

Answer 31

punishing the defendant for outrageous conduct

Question 32

Is invasion of privacy protected in the US Constitution?

Answer 32

no but it is implied from amendments

Question 33

How must a plaintiff establish invasion of privacy?

Answer 33

the invasion is substantial and in an area for which there is an expectation of privacy

Question 34

Is drug testing of high school athletes an invasion of privacy?

Answer 34

nope

Question 35

Drug testing in Professional Sports:

Answer 35

usually addressed in the collective bargaining agreement (CBA)

Question 36

What is the potential defenses to torts?

Answer 36

assumption of risk:
- risk is inherent to the activity
- plaintiff voluntarily consented to the activity
- plaintiff knew and understood the risk

Question 37

What is the “Baseball Rule”?

Answer 37

a player cannot sue from being struck by a baseball