Legal Aspects Exam 2 Flashcards
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.
Agency
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.
Fiduciary
One who is authorized to represent another to transact business or manage some affair for him/her.
Agent
One who allows another to act for him/her, or on his/her behalf.
Principal
A specific agreement between the parties that contains the agency agreement.
Express Contract
The agreement is implied from the words or actions of the parties.
Implied Contract
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.
Power of Attorney
The person authorized to act for another in a Power of Attorney.
Attorney in Fact
The source of the power is always the ____, never the ____.
Principal;Agent
The Agent can only do what he/she is authorized to do under the agency agreement.
Contractual Limitations
The Agent cannot delegate authority unless the principal authorized the Agent to do so.
Delegation of Authority
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.
Respondeat Superior
Any type of commercial activity between people or businesses across state lines (in different states).
Interstate Commerce
Exclusive possession, control or ownership of a market or activity controlled by one party with no effective competition.
Monopoly
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.
Free Agency
A contract between management and the union that expresses the agreed terms of employment and work conditions.
Collective Bargaining Agreement
The point in negotiations at which an agreement cannot be reached through good-faith bargaining.
Impasse
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.
Strike
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.
Per Se Violation
Applied when an anticompetitive agreement may be justified by legitimate benefits.
Rule of Reason Analysis
What are the 4 primary intellectual property areas in sport and recreation?
Copyright, trademarks, image rights, patents
Others may use copyrighted work without permission if it constitutes ____, such as the videos and materials used in this class.
fair use
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.
The Lanham Act
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.
Trademark Infringement
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.
Blurring
Association between the similar marks that harms the reputation of the famous mark.
Tarnishment
Delay in acting to protect the owner’s mark.
Laches
Failure to protect the trademark can lead to the loss of the protection afforded by the Lanham Act. They become “generic marks.”
Abandonment
Using disclaimers alerting consumers that the product or services are not for a certain source. Questionable defense, at best.
Disclaimers
A use of a well-known mark for purposes of satirizing, ridiculing, critiquing, or commenting on the original mark.
Parody
