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Legal Aspects exam 2 > Exam 2 pt 2 > Flashcards

Exam 2 pt 2 Flashcards

1
Q

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.

A

Fiduciary

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2
Q

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.

A

Apparent

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3
Q

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

A

Implied authority

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4
Q

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

A

Ratification

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5
Q

__________________________ 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).

A

Respondeat Superior

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6
Q

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

A

13

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7
Q

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

A

Oklahoma and Georgia

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8
Q

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

A

Antitrust

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9
Q

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

A

Alston

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10
Q

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

A

Flying wedge

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11
Q

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

A

Monopoly

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12
Q

_____________________ prohibits inherently anticompetitive conduct such as price fixing.

A
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13
Q

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

A

Rule of reason analysis

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14
Q

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

A

Single Entity

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15
Q

What led to the appointment of the first MLB Commissioner?

A

Black sox scandal

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16
Q

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?

A

$300 million- it always triples

17
Q

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.

A

Mandatory subjects for bargaining

18
Q

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

A

Collective bargaining agreement

19
Q

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

A

Impasse

20
Q

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.

A

Strike

21
Q

Two criteria for Copyright protection

A

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

22
Q

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.

A

Fair use

23
Q

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

A

Trademark infringement

24
Q

The two types of trademark dilution.

A

Blurring and Tarnishment

25
Q

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

A

Parody

26
Q

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

A

60

27
Q

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

A

Lockout

28
Q

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

A

Disertify

29
Q

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?

A

Breached his fiduciary duty

30
Q

What is the purpose of trademark law?

A

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

31
Q

Underarmour from the slides

A

Trademark Infringement

32
Q

Nike shoes from the slides

A

Tarnishment

33
Q

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.

A

The intent to harm competitors or monopolize the market

34
Q

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

A

Copyright infringement

35
Q

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

A

TRUE

36
Q

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

A

Parody

37
Q

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

A

Per Se Rule

38
Q
A

Legal Aspects exam 2 (2 decks)

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