sport and the law Flashcards

completed

1
Q

what has increased which means that there needs to be a stricter adherence to legal standards

A

professionalism and commercialisation

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2
Q

reasons why performers might need to get help from the law (7 +2 more)

A

spectator attacking players
opponents being “too violent”
contractual issues with sponsors
contractual issues with employers
equality of opportunity (racism)
refereeing negligence
protection from media intrusion into private life.

also consider:
drug testing
match fixing cases

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3
Q

what are civil claims

A

can be made by a player for injuries, loss of earning made against the person committing the illegal act

the be successful must show outside the playing culture of the sport ie must show intent, cant just be a tackle that caused injury. could be eg stamping on a leg and it breaks

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4
Q

explain violence on the pitch ie who deals with it

plus eg

A

generally dealt with by NGB but on occasions prosecution via the law are undertaken

eg duncan ferguson headbutted a player and received a jail sentence

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5
Q

explain how supports might require a performer to get legal support/get the law involved

A

running onto the pitch and assaulting a player results in prosecutions (jail)

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6
Q

what are contractual disputes

A

Law supports employment rights (like the Bosman Ruling – right to a free transfer at end of contract)
Not only is this with the clubs but also the sponsors and commercial contracts

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7
Q

what is negligence

A

when someone fails to take reasonable care for another person to avoid dangers that could cause them harm

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

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8
Q

in order to not be negligent what does the person need to do

A

do everything possible to keep participants safe

Officials have duty of care towards participants so they can participate in a safe environment

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9
Q

examples of when an official might be negligent

A

if they allow a match to be played on a frozen pitch

allowing a scrum to continue when it is clearly dominated by one team and there is a risk of injury for the other team, and this has been like this for the past 6 scrums in the game

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10
Q

what responsibilities does the coach have

A

duty of care: coaches to take measures as are ‘reasonable’ in the circumstances to ensure that individuals will be are to participate in the activity

health and safety
child protection (emo and phys abuse)
drug education

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11
Q

what can a coach do to maintain a reasonable standard of care (6 things)

A

Keeping up to date contact details
First aid
Supervision rates
DBS clearance
Risk assessments

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12
Q

eg of a coach not be negligent

A

seeing a spill of water on a basketball court and cleaning it up before letting the children play on it to avoid them slipping over and injuring themselves

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13
Q

Sports legislation and spectators (safety and hooliganism) what things have been put in place (7 things)

A

Removal of perimeter fences, all seater stadiums
Control of alcohol
Specified kick off times
Increase security, police, information gathering
Tougher deterrents – banning orders, fines, prison
Laws about pitch invasions (public order offences)
CCTV

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14
Q

what is the Occupiers’ liability Act reliable for

A

Occupier of premises owes a duty of care to the visitor

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15
Q

what is the Safety of Sports Grounds (1975)
reliable for

A

Covers all spectators, all grounds, in all sports

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16
Q

what is the Sporting Events (Control of Alcohol etc.) Act (1985) reliable for

A

Banning possession of alcohol at football match or on a journey to match
No alcohol sold in sports grounds during the match

17
Q

what is the Fire safety and safety of place of sport act (1987) reliable for

A

Fire security licence needs to be gained for an event to happen
Stand made of fire proof materials

18
Q

what is the The football spectators act (1989)
reliable for

A

Banning orders for individuals who have committed offences (home and abroad)

19
Q

what is the The football offences act (1991)
reliable for

A

Making the following offences: throwing missiles, racist chanting, trespassing on field of play

20
Q

order of crowd safety legislation (6 acts)

A

occupiers’ liability act
safety of sports grounds
sporting events (control of alcohol etc) act
fire safety and safety of place of sport act
football spectators act
football offences act

21
Q

what is sports law

A

The laws, regulations and judicial decisions that govern sports and athletes who perform in them

22
Q

what are damages

A

Individuals seeking legal redress and compensation for loss of earnings must prove that they have suffered actual injury as a result of deliberate harmful, reckless actions of an opponent

23
Q

what is bosman ruling

A

A ruling by the European Court of justice which gave professional football player the right to a free transfer at the end of their contract

24
Q

what is restraint on trade

A

Action that interferes with free competition in a market. In sport, this might involved a clause in a contract which restricts a person’s right to carry out their profession

25
Q

what is duty of care

A

A legal obligation imposed on someone if they are responsible for a group of people

26
Q

what is in loco parentis

A

a Latin phrase which means ‘in the place of a parent’. It is the authority parents assign to another responsible adult who will be taking care of their child (e.g. a sports coach at a sports club)

27
Q

what is the duty of car applied to coaches

A

This requires coaches to take such measures as are ‘reasonable’ in the circumstances to ensure that individuals will be safe to participate in an activity

28
Q

give an example of how a sporting official might be deemed to be negligent in the execution of their duties.

A

Examples of negligence linked to rugby officials:
Repeatedly allowing dangerous incidents to occur (e.g scrum collapses)
Failure to follow national governing body rules / guidelines in relation to safe procedures / practice
Failure in duty of care to a player (e.g. enforcing rules properly)

29
Q

Identify the reasons why sports performers may need protection from the law during their careers?

A

Protection from foul play / violent acts of opponents (leading to compensation claims)
Protection from fans / violent spectators during a game
Protection from contractual issues with employers
Protection from contractual issues with sponsors / commercial deals
Protection from issues linked to equality of opportunity (e.g. racism from fans / opponents)
Appeals against NGBs decisions / disciplinary issues
Protection against negligence of poor referees

30
Q

explain how the law aims to protect spectators from hooliganism at football matches (4)

A

Kick off times
Alcohol
All seater stadiums
Tougher deterrents
Trespass illegal
CCTV
Shared intelligence
Control of ticket sales (ticket touts)

31
Q

identify the potential benefits of the law becoming more closely linked to the world of sport. (3)

A

Increased protection for players
Increase protection for spectators
Increased protection against officials and coaches failing in their duty of care
Anti-discriminatory protection

32
Q
A