Sport and the Law Flashcards

1
Q

Identify reasons why sports performers might need protection from the law.

A

S - Spectators attacking players
O - Opponents being too violent
C - Contractual issues with sponsors
C - Contractual issues with employees
E - Equality of opportunity issues
R - Refereeing negligence.

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2
Q

Sports LAW

A

1 - NGB’s don’t like the fact they can’t self regulate their sports
2 - They like to set their own laws and be judge and jury

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3
Q

Common Law

A

1 - Protect people in society.
2 - Standard by which we all must follows
3 - Sports is now commercial and seen everywhere so it needs to set a good example.

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4
Q

Spectators attacking players

A

Legal action is being taken by performers against fans for any unacceptable behaviour such as running onto the pitch and attacking players as well as racist acts.
E.G - Leeds fan Aaron Crawley was jailed for 16 weeks for attacking Sheffield Wednesday player Chris Kirkland.

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5
Q

Opponents being too violent.

A

Individuals seeking legal redress or compensation for the loss of earnings just prove that they have suffered an actual injury as a result of a deliberate or harmful act of an opponent.
In order for civil claims against the person who committed the illegal act to be successful claims made by sports performers for injury or loss of earnings need to prove the act was outside the playing culture of the sport.
Issues relating to player violence are usually dealt with NGB’s.

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6
Q

Contractual disputes/issues with sponsors.

A

restraint of trade - Action that interferes with free competitions in a market. In sport, this might involve a clause in a contract which restricts a person’s right to carry out their profession.
Wayne Rooney’s legal dispute with proactive sports management went to court as they claimed they were owed commission. This meant Rooney did not have to pay them commission.

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7
Q

Contractual Disputes/ Issues with their clubs.

A

Performers are employees and as such should have the same employment rights as other workers. Their rights were greatly improved in 1995 by the Bosman Ruling.

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8
Q

Equality of opportunity issues.

A

Sexism in sport is unacceptable so many performers may feel the need to seek legal help and action for equal opportunities and the prevention of discrimination in the future.
Racism is very common inn sport today which is why legal action needs to be taken to try and stop it and stop it and help those who have been discriminated against.
Having laws put in place to help prevent discrimination of all types and having people who are willing to persecute those who endorse this discrimination is significant as it help promote quality.

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9
Q

Referring negligence

A

Negligence - Conduct that falls below a reasonable person standard and leads to a breach of the duty of care which results in foreseeable harm to another.
E.g - Smoldon vs Whiteworth and Nolan, a ref found liable for a serious injuries the claimant sustained following a scrum collapsing. It was found that the official was at fault due to the fact that he allowed a humber off scrums to collapse during the course of the fractious match.

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10
Q

What is the role of an official?

A

To keep all players safe and to do everything possible. If they do not do this they may be deemed as negligent if they allow play to happen.

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11
Q

What is negligence?

A

Conduct that falls below a ‘reasonable personal standard’ and leads to a breach of they duty of care, which results in foreseeable harm to another.

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12
Q

What is an example of negligence?

A

A referee in rugby can be found liable for serious injuries due to a scrum collapsing constantly without stopping it.

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13
Q

What is the duty of care and loco parentis?

A

Duty of care applied to coaches requires coaches to take such measures as are ‘reasonable’ in circumstances to ensure that individuals will be safe to participate in an activity.

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14
Q

What does Loco Parentis mean?

A

In Loco Parentis means ‘in place of a parent’. It is authority parents assign to another responsible adults who will be taking care of the child.

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15
Q

What are the five steps a coach should consider in order to demonstrate a reasonable standard in terms of legal duty of care to children and young people?

A

1 - Keeping up to date contact details, medical details, registers of attendance.
2 - Maintaining appropriate supervision ratios.
3 - Ensuring that first aid provision is available at the club.
4 - Ensuring that individuals regularly involved in coaching children for the activities being coached.
5 - Ensuring they have undertaken an appropriate rusk assessment for the activities being coached.

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16
Q

Sports coaches have a legal responsibility to their athletes in a variety of ways to keep them safe. Duty of care is one way. Describe the three other ways.

A

1 - Health and safety - Coaches are responsible for the health and safety to performers in their care. They should have access to first aid facilities and have the means to contact emergency services.
2 - Protection from abuse - Coaches have a responsibility to protect children from all forms of abuse, including emotional and physical abuse. All organisation s should have a policy statement and guidelines regarding child abuse which a coach should adhere to.
3 - Supplements - coaches have a legal and ethical responsibility to educate their athletes about drug use and abuse and provide general and appropriate advice nutrition and supplements which can be used to enhance performance.

17
Q

State the solutions and measures that have been introduced to ensure crowd safety including stopping soccer violence/hooliganism. Explain how they work.

A

1 - Games played at specific kick - off times imposed by the police. This will reduce chances of alcohol consumption so spectators are less likely to be under the influence as this can lead to acts of violence and hooliganism. Moreover, by having specific game times to reduces loitering and large groups of fans wondering around before. This will help stop clashes between rival fans, increasing the safety of everyone attending the games.

2 - Removal of perimeter fences and terraces and segregation if fans and family zones. This will reduce contact between opposing fans so there will be less conflict and fighting. Family zones create a more civilised and friendly atmosphere promoting the positive aspects of football and displaying that it can be a form of entertainment for families not just hooligans.

3 - Control of alcohol sales on the way to grounds as well as in the ground. For example, banning pubs around the stadium before and after the game will reduce consumption so less people will be under the influence. Alcohol influences people to become more violent and loud so reducing consumption will simultaneously reduce hooliganism and gifting improving everyones safety.

4 - Increased security and police presence, intelligence gathering, improved police liaison between forces across the country. Having more officers and stewards at games will improve peoples safety and less hooliganism is Lilly because the police swill be there to stop it. Also, by communicating with other forces known hooliganism can be prevented from travelling to or attending games as all forces would be made aware.

5 - Tougher deterrents such as banning orders, fines and imprisonment. These deterrents would decrease hooliganism because people are less likely to be involved if they know there are harsh punishments when they are caught. The threat of fines and imprisonment is likely to reduce violent acts at games which will improve other supporters safety and use ISO their enjoyment of the game.

18
Q

What are some of the rules that have been adapted to increase the speed of play/action to prevent spectator boredom?

A

1 - Multi-ball system in Football
2 - Changes in scoring to create excitement (Badminton. You can now score on any lay not just your serve)
- Golden goal was introduced

19
Q

Commercialisation and impact on sport?

A

1 - Breaks are an ideal time for sponsors and commercial companies to advertise. (e.g. American football has numerous breaks in play)
2 - Competition formats have changed. 20/20 cricket is shorter and more exciting than test cricket. (20/20 bowl outs, free hit, fielder and bowler restrictions.
3 - Match timings have been altered to suit television. Tradition was Saturday afternoon, now football is televised nearly all week. e.g. Super Sunday.

20
Q

According to research, some sports have higher participation rates than others. Explain two other ways that media can increase participation rates in sport?

A

1 - Media increases profile of sports through broadcasting/advertising to a greater number of people. Therefore, more people are aware of the sport/want to play the sport.
2 - Media provides funding for the sport (through payment for coverage) therefore, sport can develop at grassroots allowing more people to participate.
3 - Media increases peoples knowledge of sports, which raises awareness so that they want to play the sport/more people know how to play the sport.

21
Q

Assess the positive and negative impact on an under-16 school rugby team accepting sponsorship from a company that produces alcohol.

A

POSITIVE -
1 - An alcohol company would be suitable company to sponsor an under-16 school rugby team because it will generate income for the team which can be used to purchase equipment/kit/ground maintenance. Enabling them to performer better/attract more spectators.
2 - Similarly, it will generate money for the team and is unlikely to influence the team members unduly due to health education in school, they will be aware that alcohol is bad for their health and will not aid their performance in rugby.

NEGATIVE -
1 - An alcohol company would be unsuitable because alcohol is not good for health. Therefore, by promoting it may increase the likelihood that students will start drinking leading them damaging their health, for example liver damage.
2 - Similarly, the school would be expected to display/advertise the alcohol company and the rugby team should be promoting healthy products as part of its image rather than. something that can cause negative health issues/consequences, which could influence younger, more impressionable members of the school.

22
Q

Sponsors and the media pay huge sums of money to be linked to elite performers and to cover major sporting events. In 2012, the golfer Rory Mcllroy signed a 10 year sponsorship contract with thew sports company Nike, reported to be worth over £150 million.

Explain the reasons why Nike would do this?

A

1 - Raise awareness of the brand
2 - Increased publicity
3 - Increase sales of their products
4 - brand becoming more fashionable. B. Linked to sport with good image/improve company image
5 - Link to excellence
6 - Improve community involvement
7 - Improve public relations
8 - Opportunity for corporate hospitality/ entertain clients
9 - Improve company morale/employees feel linked to success of sport
10 - Tax relief for sponsoring companies.

23
Q

Sky Broadcasting and BT currently pay 3.2 billion for the media rights of Barclays premier league.

Outline the disadvantages to a sport of increased media control.

A

1 - Traditional nature of sport changes
2 - New competitors
3 - Scoring systems altered
4 - Ticket allocations given to sponsors not for fans
5 - Media can direct public opinion/support about aport or event/over sensational negative events eg deviancy
6 - Fewer viewers for some sports due to pay-per view/subscription channels
7 - Lower attendance at events that are televised.

24
Q

What is the golden triangle?

A

Sport, medias and commercialisation are closely linked in a what is known as a GOLDEN TRIANGLE.

25
Q

Advantages of The SPONSOR?

A

1 - Sport can offer an excellent opportunity for the sponsor to promote a product/service to a widespread audience.
2 - Advertising brand name.
3 - Promote a caring attitude and increasing goodwill.
4 - Tax relief.

26
Q

Disadvantages of The SPONSOR?

A

1 - Poor behaviour from athletes/clubs can cause negative press.
2 - Smaller sponsors might struggle to compete with larger more global brands.
3 - Some sponsors are not suitable to be promoted within sport i.e tobacco or alcohol.
4 - Investing in teams and individuals can backfire if they do not achieve success i.e teams not qualifying for major competitions.

27
Q

Advantages of the COACHES?

A

1 - Gain and increased profile, raising public awareness of their role.
2 - Increased salaries on offer e.g football.
3 - Increased funding from sponsors/sale of media rights, which is invested into the sport, enables invite ent into improving playing squads and support systems, such as training grounds and medical provision.

28
Q

Disadvantages of The Coaches?

A

1 - Increased pressure to be successful and win matches.
2 - The expectation to deal with the media (which is often linked to the premier league and Sky) and answer questions can be difficult.

29
Q

Advantages of The SPORT?

A

1 - Raises the profile of the sport due to increased exposure.
2 - Provides an increased level of funding to improve resources, coaching or facilities.
3 - Gives the sport financial security for a period of time.
4 - Attracts the best players in the world to sport.

30
Q

Disadvantages of The SPORT?

A

1 - Commercialisation tends to support the popular sports leaving the ‘lesser’ sports to lose out.
2 - Changes to the sport format and rules have being introduced to make the sport audience friendly.
3 - the influence of TV has caused and increase in adverts and TV timings and lost some of sports traditions.

31
Q

Advantages of The PLAYER/PERFORMER?

A

1 - Allows athletes to earn income as a full time job.
2 - Perfumers gain maximum exposure to promote their personal brand.
3 - Can lead to additional roles post playing career within the sport.
4 - Relieves financial worries.

32
Q

Disadvantages of The PLAYER/PERFORMER?

A

1 - Encourages deviant behaviour due to the pressure of success.
2 - Generally, favours male over female and able bodied over disabled.
3 - Sponsorship might be short term.
4 - Performers may have to advertise a product that they do not like.
5 - Performers might be contracted to put in appearances and attend public speaking.

33
Q

Advantages of The SPECTATORS?

A

1 - Offers a wider choice of sports available to watch.
2 - Viewing experience has been enhanced due to investment into technology and audience participation.

34
Q

Disadvantages of The SPECTATORS.

A

1 - Encourages spectating not participating.
2 - Can become very expensive foot fans/spectators.
3 - Can affect view experience due to increased TV breaks and time outs.