Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Sports Law > Final Last Deck > Flashcards

Final Last Deck Flashcards

(87 cards)

Start Studying
1
Q

pros of a traditional league

A

1) easy to raise capital

2) owners can put as much money as they want

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

cons of a traditional league

A

1) subject to Sherman 1 and 2 (always deemed a conspiracy or joint venture and therefore subject to section 1 where the burden of proof is not high)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

why would you want to sue under Sherman 2 if they are already able to sue for Sherman 1 and it’s easy to prove?

A

in case you cannot show evidence of trading restraint, you can say they have too much market power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

how do expenses work with single entity leagues?

A

expenses are shared equal and each owner owns interest in the LLC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

pros of a single entity league

A

not subject to Sherman 1 (they are not a combination, conspiracy or joint venture)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

cons of a single entity league?

A

no incentive for owners to invest money because it doesn’t benefit them and they’re still subject to Sherman 2

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

if you have 2 single entities doing an act together to restrain trade how would you sue them?

A

Sherman 1

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

who is a CBA between?

A

the employer (owner) and the union (player association)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

what does the CBA establish?

A

the mandatory terms and working conditions between the two

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what happens when a CBA expires?

A

all terms continue until a new one is in place

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what is the only sport with guaranteed contracts?

A

MLB

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what can you do with a negative injunction?

A

you can force a team to stay and without this you can only sue for damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what happens when you have an impasse on all issues?

A

the league (not the union) may unilaterally change the working conditions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what happens during a lock out?

A

the OWNERS take action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what happens during a strike?

A

the PLAYERS take action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what happens during a strike over economic conditions?

A

the employer can use permanent replacements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

what happens during a strike over unfair competition?

A

the employers can only use temporary replacements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

what is the commissioner’s role?

A

absolute dictator when it comes to teams and team owners but NOT over players (players are governed by the CBA)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

what is the non-recourse rule?

A

commissioner has full and exclusive authority on all matters of the league, so no lawsuits by an team or employee, and cannot sue the commissioner or the team in court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

do courts say that they non-recourse rule is valid in Baseball

A

Yes, they knew it existed when they came into baseball as long as there’s due process in the arbitration process the court will not step in

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

what are the commissioner’s duties?

A

1) power to discipline
2) power to decide disputes among owners
3) power to represent league in CBA negotiations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

does a commissioner need to sign a contract for it to be valid?

A

No but the signature is required in order for the player to play (LA RAMS v. CANNON)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

what type of contracts does the NFL have?

A

separate annual contracts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

what happens when an NFL player gets cut?

A

he still gets paid for the rest of the year, if he goes to another team that year he still collects both salaries

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
what do non sport executives have that sports executives don't?
1) salary continuation where if they're terminated for any reason other than "for cause" the executive continues to be paid under the contract 2) severance pay 3) negative covenants 5) sports execs are subject to salary mitigation (not players)
26
what is a negative covenant?
if an executive (not sports exec)quits, he is paid separately not to work as a competitor for a reasonable particular time and must be willing to reinstate
27
what does the TM sign mean?
it's a common law trademark only protected by state statutes
28
what does the R mean?
a sign is protected by federal statutes
29
what is the state common law for trademarks in New York?
anyone who uses an individual's face or name for commercial purposes is illegal and is liable to the person for damages
30
who does the New York trademark rule apply to?
the person who is harmed can get an injunction and it only applies to the FACE and NAME and must be a living person
31
what are trademarks protected by federally?
the Lanham Act
32
what are the exceptions of things that cannot be trademarked?
1) newsworthy 2) historical 3) freedom of artistic expression
33
are fantasy leagues liable for trademark infringement? why or why not?
They are not protected, the court says they are just statistics and name, they have been in the papers and everywhere
34
what makes a sporting event copyrightable?
if you have a fixed or determinate medium (the game itself is not copyrighted but the recording is)
35
what are the copyright exceptions?
1) news worthy 2) artistic expression 3) fair use doctrine
36
are player's rights to their performance a mandatory subject of collective bargaining?
Yes, although copyright law supersedes, they have the right to negotiate
37
if the yankee game is neither telecast nor broadcast, who owns the copyright of the game?
No-one, there is no copyright (copyright belongs to the person that would record it)
38
what are the characteristics of Sherman Act 1
1) conspiracy joint venture 2) restrains trade 3) much easier to prove 4) all traditional leagues are subject to it
39
what are the characteristics of Sherman Act 2
1) based on market power (need at least 60% of the market) 2) does not need to be based on an act or action 3) applies to both traditional and single entity leagues
40
if there is no action, what is your only recourse?
Sherman 2
41
what violates Sherman 2?
monopolies
42
what type of monopolies are there?
1) natural monopoly 2) artificial monopoly 3) passive monopoly
43
what are the characteristics of a natural monopoly?
1) based on demographics 2) external factors 3) not created by an act of a monopolist 4) need an affirmative unlawful act to be illegal
44
what are the characteristics of an artificial monopoly?
1) created by a monopolist | 2) doesn't matter whether the act is lawful or unlawful, you can still bring the claim
45
what is a passive monopoly?
1) obtained by generally doing the jobs that others don't want to do 2) subject to Sherman 2 if they have an action to sustain a monopoly
46
what is the essential facility doctrine?
a stadium, tv rights, or capital cannot be reproduced or duplicated to cost and cannot be denied by competitors
47
what is a monopolist required to provide access to?
a "facility" that the monopolist controls and that is deemed necessary for effective competition
48
what is the sovereign exception doctrine
the sovereign (state) is exempt from anti-trust
49
timeline of baseball and anti trust
1) 1922 baseball is NOT COMMERCE and it is engaged in interstate activity therefore state anti trust laws don't apply 2) 1953 upheld antitrust exemption 3) 1956 exemption extends to NFL, declaring FB a business 4) 1972 reserve clause 5) 1976 independent arbitrator ends the reserve clause but not for antitrust reasons but for CBA reasons 4) 1998 antitrust exemption repealed and applied to the reserve clause and eliminates the remainder of the exemption
50
why did nobody care that the reserve clause was repealed in baseball?
because baseball has the same protection under the NLE as it did with the reserve clause and the Merzerschmidt arbitration rendered the issue moot.
51
who is statutorily exempt from anti-trust attacks under Clayton 6?
duly certified unions
52
what characteristics must be present to satisfy the NLE?
1) issue must be mandatory subject of collective bargaining 2) must be negotiated in good faith 3) must be a signed CBA
53
when a new league is formed, are they subject to the NLE prior to signing the CBA?
NO
54
what is the only way to get rid of a NLE?
DECERTIFY THE UNION
55
what do you need to decertify a union?
30% to be able to vote and 50% + 1 vote is needed to decertification
56
is it a group boycott when players are barred from playing?
Yes because it is in the CBA, the NFL can get away with it under the NLE
57
what needs to be created for Clayton 6 to protect you?
a union needs to be formed
58
what needs to be created for NLE rights to be created?
rights are created when the CBA is signed
59
what is maintained with Clayton 6?
protecting the unions from all attacks on legit union activity
60
what is maintained with an NLE?
protects management against antitrust by the union or its members
61
how do you terminate Clayton 6?
when the union decertifies
62
how do you terminate an NLE?
when there is no union or CBA
63
what are the five types of torts in sports?
1) participant vs. participant (intentional) 2) negligence 3) defective equipment 4) spectator injury 5) defamation and violation of privacy
64
what is the difference between reckless and battery?
with a reckless act you injured someone but didn't intend to but with battery you injured someone with intention to injure them
65
do you recover with contributory negligence or comparative negligence?
with contributory negligence you will be barred from recovery but with comparative negligence they will weight the two apportion damages that way
66
do workers that are injured get workers comp?
yes but they cannot sue the employer (only can claim under workers comp)
67
what do you need in order to relocate a team?
a unanimous vote of every member of the league but if you are within your home territory, you can move them as you wish
68
what are the four approaches to discrimination in sports?
1) 14th Amendment 2) Title VII of the 1964 Civil Rights At (discrimination in employment) 3) Title IX (amended in 1990) 4) equal pay for equal work act (out of Civil Rights Act of 64)
69
what do you need for the 14th Amendment to apply?
there needs to be some sort of nexus/state action (after LUDTKE v. KUHN the leagues collapsed and women were allowed in mens locker rooms)
70
what type of case is a title VII and what must be established?
a prima facie case and must establish to assert discrimination in employment
71
what are the 5 requirements to bring a Title VII claim?
1) member of a protected class 2) applied for the job 3) was qualified for the job 4) was denied the job 5) the job was given to a member of a non-protected class
72
what are the defenses for a title VII claim?
1) bona fide occupation qualification (Hooters) | 2) subjective business defense (hired more qualified)
73
what does title IX provide?
may segregate within an institution for contact sports and separate facilities provided they are equal
74
what are the 2 things that you need to assert with a Title IX claim (don't need to prove prima facie)
1) gender participation in sports (percentages of genders equal to percentages of people) 2) facilities (there are separate facilities and they are not equal)
75
what are the 3 safe harbors that a school can use to make themselves safe from a Title IX claim?
1) gender participation equal 2) if they are not equal, the university is making good faith efforts to correct it 3) if 1 or 2 is present, a reasonable accommodation for all selective participants
76
what is the equal pay for equal work act?
when employees perform the same task they should be paid the same amount the court said no that it turns on 1) responsibility 2) effort 3) skill
77
what is disparate treatment and what is a defense for it?
intentional discrimination and the only defense is bona fide occupation qualification
78
what is disparate impact and what is a defense for it?
may start out as innocent but ends up being discriminatory and a valid defense is the subjective business defense
79
what are independent arbitrators seen as?
another restriction on the commissioner's authority
80
what are courts not authorized to do with arbitration?
review the arbitrator's decision on the merits
81
what are the 7 distinctions of arbitration from litigation?
1) cheaper 2) quicker 3) private 4) punitive damages 5) discover and evidence is different (litigation has more stringent standards) 6) not self-enforceable, have to goto court 7) the appeal process is different
82
how do you overturn an arbitrator's decision?
show that it's arbitrary or capricious or it lacked due process
83
what are 2 types of arbitration?
1) grievance | 2) salary
84
who arbitrates a grievance arbitration?
the commissioner or an independent arbitrator (as set forth in the CBA)
85
who arbitrates a salary arbitration?
always a independent arbitrator
86
what are the two types of salary arbitration?
1) final offer arbitration (arbitrator has to use one of the numbers that either the player said or the team said) 2) compromise arbitration (arbitrator can award a number between the player's number and team)
87
what is a salary cap?
an agreement b/t labor and management that establishes a league wide team payroll

Sports Law (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions