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)
What are examples of irreparable injuries?
- risk of physical harm or death
- loss of special opportunity
- deprivation of a unique/irreplaceable property
What is vicarious liability?
allows a plaintiff to sue a superior for the negligent acts of a subordinate
Do employers need to be negligent to be held liable?
NO
What are the three defenses for an employer held liable?
- not negligent
- not acting within the scope of their employment
- independent contractor
What are the two types of damages under gross negligence?
compensatory and punitive
What is compensatory damage?
compensate the person who was harmed
What is punitive damage?
punishing the defendant for outrageous conduct
Is invasion of privacy protected in the US Constitution?
no but it is implied from amendments
How must a plaintiff establish invasion of privacy?
the invasion is substantial and in an area for which there is an expectation of privacy
Is drug testing of high school athletes an invasion of privacy?
nope
Drug testing in Professional Sports:
usually addressed in the collective bargaining agreement (CBA)
What is the potential defenses to torts?
assumption of risk:
- risk is inherent to the activity
- plaintiff voluntarily consented to the activity
- plaintiff knew and understood the risk
What is the “Baseball Rule”?
a player cannot sue from being struck by a baseball
