3.2.4.6 - Sport & The Law Flashcards

(complete)

1
Q

How can the law impact on sport?

A

Controls violence, player rights, eliminates discrimination, player contracts, spectators, fair competition, Players VS Officials, coaches

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2
Q

Who develops the laws of the game for each sport?

A
  • International Governing Bodies (IGB) are the regulators
  • NGB’s are then expected to implement them in the sport in their countries
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3
Q

What is a contract to compete?

A

Unwritten code where performers agree to compete against each other to win

It involves; playing by the rules, trying their best, respecting ethics of play or sportsmanship/fair play motive, participation more important than winning, respect and respond positively to the officials

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4
Q

Is the contract to compete relevant or not relevant?

A

YES:
- without rules sport would be dysfunctional
- sport is a contest based on operating within a rule structure
- fair play is an important ideal and one of the values of Olympism
- if players do not give 100% effort there is no satisfaction gained from taking part and spectating

NO:
- athletes should try and win at any cost
- gamesmanship is acceptable because there is a lot at stake within global sport
- the contract to compete is outdated, belonging to the 19th century middle classes
- different cultures have different interpretations, based on different values
- athletic schedules are physically and mentally demanding and so it is not always possible to give 100% effort

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5
Q

What is legislation?

A

Legislation is a law or set of laws that have been passed by parliament

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6
Q

What is sport legislation?

A
  • Refers to the laws that are made or enacted which relate to sports in particular
  • Legislations and regulations which are put into place to improve and maintain safe involvement in sporting activites
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7
Q

What is sports law?

A

The laws, regulations and judicial decisions that govern sports and athletes who perform in them.

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8
Q

Why might performers need help from the law?

A

-Loss of earnings
-For injuries from opponents
-For discrimination
-For false doping bans
-Spectator/supporter violence
-Performer violence
-Contract Disputes
-Sponsorship/Commercial disputes
-Protection from the media
-Officials duty of care
-Coaches duty of care
-NGB’s
-Child protection
-Equal opportunities

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9
Q

Revision tip as a way of remembering the different reasons why sports performers might need assistance from the law during their sporting career?

A

S - Spectator violence - trespass onto the field of play is punished
O - Opponents being too violent - law provides protection from violent play
C - Contractual/commercial issues with sponsors
C - Contractual issues with employers e.g. Bosman ruling
E - Equality of opportunity issues (e.g. racism, sexism)
R - Refereeing negligence (performers should be protected ensuring a duty of care)

M - Media intrusion
D - Drugs/Doping issues

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10
Q

How are officials impacted by sports legislation?

A
  • Officials have a duty of care towards participants, to make sure all dangers around them are eliminated and it is a safe environment
  • Officials have to take reasonable care over another person to avoid any dangers that could cause them harm
  • When an official doesn’t do everything possible to keep participants safe, this is seen as being ‘negligent’
  • Referees may be liable to prosecution for being negligent
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11
Q

Examples of why officials have been prosecuted or could be prosecuted?

A
  • Failure to follow NGB rules and guidelines regarding safe procedure and practice can result in negligence
  • Failure in the duty of care to a player through not enforcing rules properly
  • Prosecuted for match fixing, bribery and conspiracy

eg. playing on a surface that hasn’t been checked prior to the start of the match, not stopping/controlling a collapsing rugby scrum

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12
Q

How are coaches impacted by sports legislation?

A

Coaches have a legal obligation to eliminate all potential dangers so that players can participate in a safe environment and to ensure that nobody gets hurt unnecessarily

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13
Q

What legislation and sports laws should a coach follow?

A
  • Responsibility for safety and welfare of those under their control e.g. loco parentis’
  • Health and safety - coaches must ensure safe practise, access to first aid, emergency contacts etc
  • Supplements - Legal and ethical obligation to care for performers in terms of use of supplements and educate their athletes about drug use and abuse
  • Child protection issues - Protection from abuse including emotional and physical abuse (clubs and authorities have specific guidelines regarding child abuse and how to report it)
  • Coaches should have: Public liability and personal accidents insurance (available through NGB affiliation fees)
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14
Q

How can coaches show duty of care?

A
  • Keeping up to date contact details, medical details, registers of attendance need to be kept up to date
  • Maintain appropriate supervision ratios dependent on the activity being taught, age and experience of those participating
  • Ensuring that first aid provision is available at the club and someone is first aid trained
  • Ensuring that individuals regularly involved in coaching children have a current DBS check
  • Ensuring they have undertaken an appropriate risk assessment for the activity so any dangers are planned for
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15
Q

Revision tip for how a coach can ensure duty of care?

A

RA - Risk assessment
FA - First aid
SA - Supervision rations
DA - Data access

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16
Q

Safety of Sports Ground Act (1975)

A

Protects all spectators and covers all grounds in all sports.

17
Q

Occupiers Liability Act (1957)

A

Person in charge of premises has duty of care to anybody permitted to be at the premises.

18
Q

Sporting Events (control of alcohol) Act (1985)

A

Bans possession of alcohol at or on journey to football match.
Also imposes conditions on licensed premises within and surrounding sports grounds regarding the sale of alcohol.

19
Q

Fire safety and Safety of Place of Sport Act (1987)

A

A fire security certificate/licence required for an event to happen - limits number of spectators and that stands must be made from fire proof materials.

20
Q

The Football Spectator Act (1989)

A

Allows bans on individuals and prevents them from attending matches home and abroad.

21
Q

The Football Offences Act (1991)

A

Three offences at football grounds - throwing of missiles, racist chanting and trespassing onto pitch.

22
Q

What measures are in place to improve crowd behaviour and safety?

A
  • Kick-off times imposed by police
  • Pubs banned from opening prior to game
  • Ground safety - removal of perimeter fences
  • Violent/racist individuals prosecuted
  • Specific laws
  • Individuals banned from grounds/ travel abroad
  • Increased police/CCTV
  • Tough deterrents
  • Control of alcohol sales
23
Q

What can the Crown Prosecution Service (CPS) do?

A

Prosecute players and spectators for violence in football grounds and outside them.

24
Q

Key Hillsborough facts:

A
  • 1989
  • At Hillsborough football stadium in Sheffield
  • 97 deaths
  • Bereaved families paid an average of £3500 each
  • 16 traumatised policeman received a total of more than £1.5 million
  • Legislation was created to prevent it from happening again
  • Perimeter and lateral fencing removed
  • Top stadiums converted to all seated
  • Stadiums refurbished/rebuilt to improve safety
25
Q

What is the Court of Arbitration and what can it do?

A

It settles disputes related to sport through arbitration

CAS can fine, suspend or ban athletes from their particular sport and resolve disputes ranging from commercial contracts to appeals against National or Sports organisation disciplinary sanctions.

26
Q

What is arbitration?

A

A group of arbitrators who ate independent of the case, they solve private disputes through resolution instead of going to court and they make a binding decision.

27
Q

What is the Bosman Ruling?

A

A ruling by the European Court of justice which gave a professional football player the right to a free transfer at the end of their contract in the EU.

28
Q

Duty of Care definition?

A

A legal obligation imposed on someone if they are responsible for a group of people.

29
Q

What is duty of care in terms of coaches?

A

This requires coaches to take such measures as are ‘reasonable’ in the circumstances to ensure that individuals will be safe to participate in the activity.

30
Q

Negligence definition?

A

Conduct that falls below a ‘reasonable person standard’ and leads to a breach of the duty of care, which results in foreseeable harm to another.

31
Q

Restraint of trade definition?

A

Action that interferes with free competition in a market.
In sport, this might involve a clause in a contract which restricts a person’s right to carry out their profession.