sample questions Flashcards

1
Q

T/F: temporary replacement players may be utilized in a strike for economic reasons

A

true (unfair labor practice)

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2
Q

T/F: the sharing of all revenues, on a totally equal basis will cause that league to be treated as a single entity?

A

False (you have to share revenue)

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3
Q

As a general rule when labor law and anti trust law conflict in the market, will anti trust prevail?

A

Yes

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4
Q

T/F a commissioner’s arbitration ruling may be properly reversed on the merits by the appellate court if the court overturn unanimously

A

False

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5
Q

At expiration of the CBA, all mandatory terms therein initially remain in full force and expire when both sides declare impasse?

A

F they never expire

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6
Q

when a professional sports team breaches its lease with a stadium, absent any condition therein, may the lessor in addition to damages obtain an injunction to prevent the team from leaving?

A

No, the only time they can get an injunction is to prevent a team from leaving if you have a clause in the lease

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7
Q

in a compromised salary arbitration, must the arbitrator take the average from the team offer or play offer, where in final offer arbitration it is either one or the other?

A

false with compromised salary arbitration, the arbitrator is free to pick any number between the two numbers

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8
Q

when a decertified player association continues to negotiate with the league, those negotiations are an unfair labor practice even if the association was decertified at the commencement of negotiations

A

True Classic example after the strike of 1987

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9
Q

the NLE cannot be terminated prior to the league and the player’s association reaching impasse?

A

false you can decertify anytime

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10
Q

a validly executed player contract which the league refused to validate becomes voidable?

A

False It’s not voidable but the guy can’t play

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11
Q

while players are not paid when they voluntarily go on strike, are they paid during a lockout?

A

no

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12
Q

all decisions of the NLRB are appealed to a board in Washington D.C. and then to the federal board

A

F organizational decision are appealed only to the board in Washington D.C. where unfair labor practice decisions to the court

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13
Q

blackout requirement in pro sports broadcasting of a non sell-out 72 hrs prior to the start of the even is required due to the Sports Broadcasting Act of 1974

A

False, it wasn’t the act, it was the compromise between the league and congress rather than interpretation of the act

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14
Q

a league commissioner will uphold a negative covenant payment to a former sports executive if the covenant was reasonable as to time and geographic range

A

False, negative covenants are not allowed for sports executives

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15
Q

a signing bonus to an NFL player is 5 annual payment coinciding with the contract that guarantees it even if if he is cut

A

True signing bonuses are guaranteed

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16
Q

a professional athlete who has executed a valid league standard player contract, but refuses to report, may be sued by the team for damages

A

True, anyone can be sued

17
Q

when a professional sports team breaches its lease, they cannot get equitable relief only damages

A

False

18
Q

which contract has more bankable value- 5 years to Rick Dipiertro of the Islanders or Mark Sanche of the Jets if each is 5 years for 20 million?

A

football contracts are annual contracts and other leagues are guaranteed by the CBA

19
Q

what are the 3 degrees of proof?

A

1) preponderance of the evidence
2) clear and convincing evidence
3) beyond a reasonable doubt

20
Q

if you have 50 people watching a yankee game at your house is that a copyright violation?

A

No as long as you’re not charging admission. Technically walking into a bar and paying and watching game violates the Lanham Act but you’re not paying for the sporting event, only amenities