Week 2: LEX SPORTIVA AND SPORT SPECIFICITY Flashcards
What is Lex Sportiva?
- Fancy word for sport law in latin
- Known as Lex Lucida (Games Law)
Does sport law exist as a specialized area of law?
NO
- has no written laws
- sport rarely gets mentioned in criminal code
- doesn’t have enough cases
- slowly becoming its own felid
What types of laws ties with sport law? (13 examples)
Sports Law= -Criminal Law -Tort Law -Tax Law -Labour Law -Employment Law -Administrative Law -Environmental Law -Trademark Law -Copyright Law -Patent Law -Contract Law -International Law Human Rights Law
Are there careers in sport law?
YES
- Specific law firms
- Legal couples for a sport organization
- Research
- Sport agents (have law degrees)
- Anything that deals with SPMA
What is sport specificity? and why does it exist
WHAT
- specific nature of sport
- sport is unique so the law should be applied in a unique way
- maintains order and adapts to different areas of law
WHY
- so laws aren’t applied in specific situations
- sport would not exist without it
Does sport receive special exemptions from the law? Yes or No
Yes (consent)
What (5) laws examples that tie with sport law get special exemptions?
- Administrative Law
- Privacy Law
- Human Rights Law
- Labor and Employment Law
- Criminal Law
What is the Administrative Law?
- allows an organization to govern themselves
- they discipline their own members
- has a league that gives discipline
If the administrative wants to have power and exemptions they have to follow these (4) rules…
- Must have a “do” process
- Right to a lawyer to help defend themselves
- Right to a fair hearing
- Treaded equally throughout the process
What is the Privacy Law?
- we have rights to privacy
- freedom of information and protection act (FIPPA)
- Athletes don’t get the same privacy that others get (being famous)
EX: Doping control privacy
-can be tested anywhere in the world
What is the Human Rights Law?
- rights that are guaranteed to us
- protection from discrimination
How does sport violate the Human Rights Law?
-sex segregation
EX: women were are not allowed to participate in ski jumping at Vancouver Olympics
EX: Justine Blainey a young hockey player in Toronto who made the boys team was told at registration she was not allowed to play
What is the Labour and Employment Law?
-Sport is not seen as a workplace but is seen as unique
- The Labour law is a unionized workplace environment
- The Employment law is nonunionized workplace environment
What is Criminal Law?
- violence on fields can be considered assault
- physical force without consent
- when a crime is committed by an athlete off the playing field its in their own hands
What is Men’s Rea?
the guilty mind
