Ch 5. Legal Principles Flashcards
What is sport law?
application of existing laws to the sport industry
Who are sport lawyers?
people who represent parties in a dispute & draft and interpret rules and regulations
When were the earliest sport cases and for which sport?
in the 1600s and baseball because it was the first professional sports league, players had no free agency and owner disputes
What is risk management?
developing a strategy to maintain control over legal uncertainties
What are the two goals of risk management?
prevention and intervention
What is prevention?
keeping problems from arising
What is intervention?
having a plan of action to follow when problems do occur
What is the DIM Process?
Develop, implement, and manage
What is an example of a risk management plan for Rice?
light falling on student, harassment, building collapse
What is an example of a risk management plan for the Houston Rockets?
food poisoning, Malice in the Palace, and player falling on a customer
What are torts?
conduct that is either careless or intentional that results in harm or injury to people or property
Are torts criminal or civil?
civil because it brings a case of another entity that does not involve jail time
What to tort laws seek to do?
provide monetary compensation to the injured party and deter others from similar conduct in the future
What are intentional torts?
when one person purposely causes harm to another OR engaged in an activity that is substantially certain to cause harm
What is gross negligence?
occurs when a defendant acts recklessly (the person knows that the act is harmful but fails to realize the degree of harm that results)
What is negligence?
unintentional/no intent to cause harm (owe a duty to act with care)
What are the four elements a plaintiff has to meet?
- Duty of Care
- Breach of Duty
- Causation
- Injury
What is Duty of Care?
inherent relationship, voluntary assumption, and duty mandated by law
What happens when the Duty of Care was breached?
plaintiff must prove that the defendant’s conduct breached the standard of care owed to the plaintiff
What does the plaintiff mean by causation?
the plaintiff must prove that the act (or failure to act) caused the injury/harm
What does the statement “but for” mean?
but for the defendant’s actions, the plaintiff would nor have been hurt
What is proximate cause?
the act and the injury are strongly or direction linked (“foreseeability”)
What does the plaintiff mean by injury?
real physical or emotional harm
What is an injunction?
a court order to DO or NOT DO something (prevents an irreparable injury)
