Exam 2 pt 2

Question 1

One who acts for the benefit of another, and who owes to him/her the duties of good faith, fair dealing, trust, confidence and candor.

Answer 1

Fiduciary

Question 2

An agent acts with ___________________ authority when the agent reasonably believes that their actions are within the scope of authority given to them by the principal.

Answer 2

Apparent

Question 3

Authority to negotiate includes ability to negotiate deferred compensation or bonus amounts.

Answer 3

Implied authority

Question 4

The principal accepts the acts of a person who had no authority.

Answer 4

Ratification

Question 5

__________________________ is a legal doctrine that holds people and organizations high in the chain of command (principals) liable for the negligent acts of those lower in the chain of command (agents).

Answer 5

Respondeat Superior

Question 6

On December 28, 1905, ___________ institutions met to establish rules for football.

Answer 6

13

Question 7

Which two universities sued the NCAA for violating antitrust law in NCAA v. Board of Regents?

Answer 7

Oklahoma and Georgia

Question 8

O’Bannon v. NCAA is an ___________ law case, not an NIL case.

Answer 8

Antitrust

Question 9

Which case removed the limits on education-related compensation/in-kind benefits for student athletes?

Answer 9

Alston

Question 10

What was the play that injured so many football players, President Theodore Roosevelt called for a governing body for the sport?

Answer 10

Flying wedge

Question 11

_________________________________ is exclusive possession, control, or ownership of a market by one party with no effective competition, such as the professional sport leagues.

Answer 11

Monopoly

Question 12

_____________________ prohibits inherently anticompetitive conduct such as price fixing.

Question 13

_______________ is applied when an anticompetitive agreement may be justified by legitimate benefits (a business necessity – NCAA antitrust exemption for a long time)

Answer 13

Rule of reason analysis

Question 14

If a league is a ____________ _________, then its decisions do not constitute a Section 1 violation of the Sherman Antitrust Act.

Answer 14

Single Entity

Question 15

What led to the appointment of the first MLB Commissioner?

Answer 15

Black sox scandal

Question 16

When a plaintiff proves there has been a violation of the Sherman Antitrust Act and is awarded $100 million…how much will they actually get?

Answer 16

$300 million- it always triples

Question 17

Management is required to engage in collective bargaining over hours, wages, and terms and conditions of employment; and the union has a duty of fair representation which requires the bargaining representative to represent all employees fairly, even those who are not members of the union.

Answer 17

Mandatory subjects for bargaining

Question 18

A contract between management and the union that expresses the agreed terms of employment and work conditions.

Answer 18

Collective bargaining agreement

Question 19

The point in negotiations at which an agreement cannot be reached through good-faith bargaining.

Answer 19

Impasse

Question 20

A work stoppage by union members as a means to force the employer (management) to grant certain demands or concessions such as increased wages or improved working conditions.

Answer 20

Strike

Question 21

Two criteria for Copyright protection

Answer 21

The work must be original and it must be in a tangible form that can be reproduced.

Question 22

A legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances, such as criticism, comment, news reporting, teaching, scholarship, and research.

Answer 22

Fair use

Question 23

The unauthorized use of a trademark, or of a confusingly similar name, word, or symbol, in connection with the same or related goods or services and in a manner that is likely to cause confusion, deception, or mistake about the source of the goods or services

Answer 23

Trademark infringement

Question 24

The two types of trademark dilution.

Answer 24

Blurring and Tarnishment

Question 25

What was South Butt’s defense to The North Face’s trademark infringement claims?

Answer 25

Parody

Question 26

Labor law requires a _______ day “cooling off period” before the strike can begin

Answer 26

60

Question 27

When a CBA expires, management can ____________ players if they cannot come to a new agreement.

Answer 27

Lockout

Question 28

The only way players can sue leagues over antitrust violations is to ___________ the union.

Answer 28

Disertify

Question 29

You are the agent for a professional football player under contract to the Houston Texans. The General Manager calls you and advises you that unless your client agrees to restructure his deal, your client will be released prior to the beginning of training camp. You believe that you can get your client a better deal with another club, and you know your client would not agree to the Texans’ offer, so you don’t call you client but immediately tell the GM that your client has decided not to restructure his deal. Your client is released the next day and fails to sign with another team. Which of the following is the truest?

Answer 29

Breached his fiduciary duty

Question 30

What is the purpose of trademark law?

Answer 30

Protect consumers from confusion as to the source of goods and services. Also protects businesses by ensuring exclusivity to their brands.

Question 31

Underarmour from the slides

Answer 31

Trademark Infringement

Question 32

Nike shoes from the slides

Answer 32

Tarnishment

Question 33

Which of the following is NOT needed to prove a violation in the Sherman antitrust act a. Existence of agreement between two separate parties b. The intent to harm competitors or monopolize the market c. Action taken under the agreement is anticompetitive because it unreasonably restrains trade d. Action taken under the agreement involves interstate commerce.

Answer 33

The intent to harm competitors or monopolize the market

Question 34

A photographer had their picture used to create a statue solely based off their picture without their permission or compensation. What claim could the photographer use in court? a. Trademark infringement b. Fair Use c. Copyright infringement d. All of the above

Answer 34

Copyright infringement

Question 35

The source of the power is always the principal, never the agent. – TRUE OR FALSE

Answer 35

TRUE

Question 36

You decide to make fun of one of the NFL teams having a winless season by taking their logo and altering it in a way to ridicule the hapless team. They sue you saying that the team owns the intellectual property right to the logo, and you have used it illegally. Which of these defenses is most likely to protect you and allow you to successfully defend yourself? a. Laches b. Tarnishment c. Parody d. Dilution

Answer 36

Parody

Question 37

_______ prohibits inherently anticompetitive conduct such as price fixing. a. Rule of reason b. Antitrust c. Parol evidence rule d. Per se rule

Answer 37

Per Se Rule