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Sport Law > Final Exam > Flashcards

Final Exam Flashcards

1
Q

Many legal terms are written in ____.

A

latin

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2
Q

This is the person that brings a case forward.

A

plaintiff

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3
Q

This is the person against whom a case is brought.

A

defendant

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4
Q

What are the two systems of decision-making that are determined before a trial begins?

A

judge or jury

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5
Q

What are the four sources of U.S. Law?

A

English Common, Constitutional, Statutory, Administrative

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6
Q

Which source of law serves as the basis of the legal systems of most English-speaking nations?

A

Common Law

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7
Q

What is a precedent?

A

a verdict and opinion that exists from a previously decided case that shares some commonality with the current case

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8
Q

What is stare decisis?

A

the name applied to the series of precedents upon which common law is based; “Let the decision stand.”

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9
Q

What is a landmark decision?

A

when a judge goes against precedent to carve out a new type of decision that establishes a new precedent

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10
Q

While the U.S. legal system is based on English Common Law, it is a ____ system.

A

Constitutional Law

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11
Q

What is a statute?

A

a law enacted by state and federal legislatures

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12
Q

What is the Supremacy Clause of the U.S. Constitution?

A

federal law supersedes conflicting state law and local law; state law also supersedes local law

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13
Q

What is administrative law?

A

involves rules created by specialized bodies that were formed by local, state, and federal governments (i.e. IRS, CIA, USPS, FCC)

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14
Q

What are the three levels of the federal court system from lowest to highest?

A

district courts, courts of appeal, US Supreme Court

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15
Q

Who is the Chief Justice of the US Supreme Court?

A

John Roberts

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16
Q

What is the federal judge selection process?

A

President nominates federal judges, there are confirmation hearings held by the Senate that end in a judge receiving confirmation if the hearings end well for the judge, a simple majority vote is needed to receive confirmation

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17
Q

jury trials

A

serve as fact finders and verdict makers (although their verdict may be overturned by the judge due to error)

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18
Q

bench trials

A

judges serve as fact finders and judgement makers

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19
Q

trial courts

A

decide cases based on evidence presented

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20
Q

appellate courts

A

focus on questions of law: application, interpretation, constitutionality

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21
Q

remand

A

a case is sent back from an appellate court to a trial court based on a question of law

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22
Q

Who is the attorney general?

A

Merrick Garland

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23
Q

What is the attorney general?

A

the federal government’s lawyer and head of the Dept. of Justice

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24
Q

What are the two main types of U.S. Law?

A

civil and criminal

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25
What is civil law?
the state and federal law related to civil or private rights that are enforced by civil actions
26
What is criminal law?
identifies what behavior is criminal and assigns penalties to violations of the law
27
What is double jeopardy?
being tried for the same crime more than once
28
(T/F) It is double jeopardy to be tried in both a criminal trial and a civil trial.
False. It is NOT double jeopardy to be tried in both a criminal trial and a civil trial.
29
(T/F) People are found guilty or not guilty in civil trials.
False. People are found guilty or not guilty in criminal trials.
30
(T/F) The court finds "for the plaintiff" or "for the defendant" in civil cases.
True
31
What is the first step in the anatomy of a lawsuit?
pleadings are the complaint (allegations by the plaintiff) and the answer (response by the defendant)
32
What is the second step in the anatomy of a lawsuit?
discovery: interrogatories (written questions sent by an attorney to another party that must be answered) and depositions (pretrial interviews of witnesses)
33
What is the third step in the anatomy of a lawsuit?
trial (jury selection, opening arguments, direct and cross examinations, closing arguments)
34
What is the fourth and final step in the anatomy of a lawsuit?
appeal
35
What is the NCAA's "Rooney Rule"?
The Equal Employment Opportunity Act
36
What is the Equal Employment Opportunity Act?
makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex
37
What is monitoring?
watching/observing/listening to an employee in an unethical/unlawful manner
38
What is employment at will?
either the employer or employee may terminate the employment relationship at any time and for any reason
39
What is a right to work?
employees have the right to work without having to be part of a union
40
What is OSHA?
requires employers to meet certain specific federally mandated safety standards; imposes a general duty on employers to keep their workplace safe; protects employees who file complaints and requires record keeping
41
What is reasonable accommodation?
employer finds work responsibilities and environments that place disabled employees in a position to be successful in performing job functions
42
4 elements of sexual harassment
1. Unwelcome sexual advances 2. Not desired by the employee (victim) 3. Conduct that creates a hostile or abusive work environment 4. Can arise from either verbal or physical conduct
43
quid pro quo
you give something, you get something in return
44
COBRA
requires that employer continue medical coverage (for a limited time) at option of terminated employee
45
HIPAA
prohibitions on exclusion from medical coverage, and medical record confidentiality
46
FMLA (Family Medical Leave Act)
unpaid leave of 12 weeks for family or medical reasons
47
FLSA (Fair Labor Standards Act)
child labor, overtime, minimum wage; could have eSport implications
48
Civil Rights Act of 1964
discrimination based on race, national origin, gender, or religion
49
ADEA
age discrimination in employment
50
ADA
Americans with disabilities
51
(T/F) Women have always been and continue to be underrepresented in athletics.
True
52
(T/F) There has been a 500% increase in women's participation in college athletics since 1971.
False. There has been a 1000% increase in women's participation in college athletics since 1971.
53
(T/F) Title IX applies if any department in a school receives federal funding; the law applies to the entire school.
True
54
Grove City College v. Bell
case dealing with the application of Title IX; court found that Title IX was applicable only to those parts of the institution that received federal funding; thus, athletics were excluded
55
Civil Rights Restoration Act of 1987
legislation reversed the findings in Grove City College and applied Title IX institution-wide
56
Dept. of Education 1975 regulations focus on equal opportunity in these three areas
program areas (equipment, locker rooms), effective accommodation of interests and abilities and selection of sports for both sexes, equivalency in financial aid
57
Prong 1 - The Proportionality Prong
Are participation opportunities for both sexes substantially proportionate?
58
Prong 2 - The Progress Prong
Can the institution show a history and continuing practice of program extension?
59
Prong 3 - The Full Accommodation Prong
Have the interests and abilities of the underrepresented sex been fully and effectively accommodated?
60
(T/F) In 1972, 43% of coaches for women's teams were women; in 2014, 90% were women.
False. In 1972, 90% of coaches for women's teams were women; in 2014, only 43% were women.
61
Equal Pay Act
prohibits discrimination in wages between employees on the basis of sex for equal work on jobs that requires equal skill, effort, and responsibility under similar working conditions
62
Emerging Sports
a term created to represent athletic opportunities for female athletes; currently three sports on the emerging sports list: rugby, equestrian, and triathlon; each emerging sport is given 10 years to become sponsored and funded by at least 40 institutions at the varsity level; must have at least 20 varsity teams to be deemed an emerging sport
63
(T/F) Cheerleading is recognized as a sport, according to the NCAA.
False. Cheerleading is often thought to be an emerging sport; however, it is not recognized as a sport, according to the NCAA.
64
intellectual property
any product of the human intellect that the law protects from unauthorized use by others
65
trademark
any word, name, symbol, or device an organization uses to identify and distinguish its services from the services of another organization and to indicate the source of the service; often seen on logos of sports teams
66
Trademark Act of 1946
known as the Lanham Act; governs the law of trademarks and their registration and provides causes of action that protect trademark rights from infringement; purpose is to protect the owner of a mark by preventing others from using the mark without permission or in a way that will cause confusion
67
Functions of a Trademark
identifies a seller's goods and distinguishes them from those sold by others; indicates that products are of a certain quality; advertises, promotes, and assists in selling the particular goods
68
Ownership of Trademarks
must be the first to use the mark in trade; must make continuous, uninterrupted use; may federally register the mark, but it's not required
69
trademark infringement
when someone who is not a trademark owner engages in some unauthorized use of a trademark that is likely to cause consumers to be confused or deceived about who really owns the trademark
70
Defenses to claim of trademark infringement
fair use (logo used in newscasts or in classroom lectures), artistic transformative use (Andy Warhol's Campbell's Soup paintings), noncommercial use (SNL), agreement or license by the trademark holder consenting to use by another
71
dilution
the lessening of the capacity of a famous mark to identify and distinguish goods or services
72
blurring
a party uses or modifies a mark, resulting in the weakening of the original mark to identify goods
73
tarnishment
the mark is used in association with unwholesome or shoddy goods and services
74
licensing
a right granted by an owner, known as the licensor, to a third party, the licensee
75
(T/F) We call the percentage we make from licensing a royalty.
True
76
(T/F) Trademark protection cannot be denied if a mark is shown to be immoral, deceptive, scandalous, or disparaging.
False. Trademark protection CAN be denied if a mark is shown to be immoral, deceptive, scandalous, or disparaging.
77
cybersquatting
registering a domain name similar to someone's registered trademark and demanding payment for the trademark holder to buy back that name
78
Uniform Dispute Resolution Process
trademark owner must allege that its mark is identical or confusingly similar to the mark used by the cybersquatter and that the cybersquatter registered and used the domain name in bad faith
79
copyright
protects ideas or other items that can be identified on tape, on paper, or on screen; doesn't protect intangible ideas
80
Who provides copyrights in the U.S.?
U.S. Copyright Office; managed by Library of Congress
81
copyright infringement
unauthorized use of copyrighted material in a way that violates one of the owners' exclusive rights in the copyright
82
right of publicity
right of any person to control the commercial use of his or her identity
83
(T/F) Statistics are able to be protected.
False
84
patent
a document provided by the federal government that gives the owner of an invention the right to exclude others from reproducing the patented invention for 20 years
85
Who provides patents in the U.S.?
U.S. Patent and Trademark Office; managed by Dept. of Commerce
86
patent infringement
action whereby someone other than the patent holder makes, uses, sells, offers to sell, or imports patented material
87
ambush marketing
situation where one company creates advertising or promotional campaigns that confuse consumers and wrongly imply that the company is an official sponsor of an event

Sport Law (1 decks)

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