Legal Aspects Exam 2

Question 1

A fiduciary relationship created by express or implied contract, or by law, in which one person is authorized to act on behalf of another, binding the principal to the action taken or the agreements made.

Answer 1

Agency

Question 2

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.

Answer 2

Fiduciary

Question 3

One who is authorized to represent another to transact business or manage some affair for him/her.

Answer 3

Agent

Question 4

One who allows another to act for him/her, or on his/her behalf.

Answer 4

Principal

Question 5

A specific agreement between the parties that contains the agency agreement.

Answer 5

Express Contract

Question 6

The agreement is implied from the words or actions of the parties.

Answer 6

Implied Contract

Question 7

An instrument authorizing one person to act for or on behalf of another. This is the most widely used type of written, express agency agreement.

Answer 7

Power of Attorney

Question 8

The person authorized to act for another in a Power of Attorney.

Answer 8

Attorney in Fact

Question 9

The source of the power is always the ____, never the ____.

Answer 9

Principal;Agent

Question 10

The Agent can only do what he/she is authorized to do under the agency agreement.

Answer 10

Contractual Limitations

Question 11

The Agent cannot delegate authority unless the principal authorized the Agent to do so.

Answer 11

Delegation of Authority

Question 12

a legal doctrine that holds people and organizations high in the chain of command liable for the negligent acts of those lower in the chain of command.

Answer 12

Respondeat Superior

Question 13

Any type of commercial activity between people or businesses across state lines (in different states).

Answer 13

Interstate Commerce

Question 14

Exclusive possession, control or ownership of a market or activity controlled by one party with no effective competition.

Answer 14

Monopoly

Question 15

The period of time when a professional athlete is not under contract to any particular team and so is able to freely negotiate with any team.

Answer 15

Free Agency

Question 16

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

Answer 16

Collective Bargaining Agreement

Question 17

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

Answer 17

Impasse

Question 18

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.

Answer 18

Strike

Question 19

Requires no further inquiry into the practices actual effect on the market or intentions of the individuals who engaged in the practice- inherently anticompetitive, and illegal.

Answer 19

Per Se Violation

Question 20

Applied when an anticompetitive agreement may be justified by legitimate benefits.

Answer 20

Rule of Reason Analysis

Question 21

What are the 4 primary intellectual property areas in sport and recreation?

Answer 21

Copyright, trademarks, image rights, patents

Question 22

Others may use copyrighted work without permission if it constitutes ____, such as the videos and materials used in this class.

Answer 22

fair use

Question 23

a federal law that creates a system for registration of trademarks to protect the owner against the use of similar marks if such use is likely to result in consumer confusion or dilution (injury) to the mark.

Answer 23

The Lanham Act

Question 24

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.

Answer 24

Trademark Infringement

Question 25

A mark that impairs the distinctiveness of the mark. The court may consider the degree of similarity or distinctiveness or recognition of the mark, whether the non-registered user intended to create an association with the mark, and any actual association between the marks.

Answer 25

Blurring

Question 26

Association between the similar marks that harms the reputation of the famous mark.

Answer 26

Tarnishment

Question 27

Delay in acting to protect the owner’s mark.

Answer 27

Laches

Question 28

Failure to protect the trademark can lead to the loss of the protection afforded by the Lanham Act. They become “generic marks.”

Answer 28

Abandonment

Question 29

Using disclaimers alerting consumers that the product or services are not for a certain source. Questionable defense, at best.

Answer 29

Disclaimers

Question 30

A use of a well-known mark for purposes of satirizing, ridiculing, critiquing, or commenting on the original mark.

Answer 30

Parody