Legal aspect Ch 1 and 2

What is Sport Law

Anytime that a law applies directly to sport

What is Law

Rules for citizens to follow

Types of Law

• Common law

• Constitutional law

• Statutory law

• Administrative law

Common law

Uses a system of precedent and prior court rulings to help in deciding future cases

Statutory law

Includes various statues that are enacted by state and federal legislatures.

Administrative law

Is more sports related law

Civil law

Include settlements or final rulings that involve money

Criminal law

Involves some type of incarceration, jail time, or probation as a final end result

The courts

• Trial Courts

• Appellate Courts

• Federal Courts

• State Courts

• Small Claim Court(smallest court)

Where does our legal system come from

England

beyond a reasonable doubt"=

is when the jury is %100 sure the person is guilty.

preponderance of evidence

is when the evidence shows that the claim is true

Plaintiff

The person or party who initiates a lawsuit by filing a complaint in court.

Defendant

The person or party being sued or accused in a lawsuit.

Summons

A legal notice sent to the defendant informing them of the lawsuit and requiring their response.

process of discovery

a pre-trial phase in a case where both parties exchange information and gather evidence to prepare for trial.

deposition

an interview where a witness or party gives oral testimony under oath, outside of court, usually in a lawyer’s office

What is the role of the U.S. Supreme Court

The role of the U.S Supreme Court is to
interpret the constitution

What is an index number as it relates to filing a civil lawsuit

It is a number given to a case in order to identify and track the case throughout the court process

roots of the liability explosion

are tort law, risk management, contract law, and constitutional law.

the basic elements of negligence

• Duty

• Breach of Duty

• Proximate Cause

• Damages

negligence

the failure to act as a reasonable or prudent person which are basically people
who are fair and use common sense

waiver

a document where a participant voluntarily gives up the right to sue

release

is a contract where a participant releases another party from legal claims

participation agreement

a broader contract that outlines the terms
and conditions under which someone can take part in an activity.

Contributory negligence

when the plaintiff is slightly responsible
for their own injuries they cannot receive anything for damages

Comparative negligence

divides faults between parties

five legal defenses to a negligence claim

Contributory negligence, Comparative negligence, Statue of Limitations,
Failure of proof, Assumption of Risk

the difference levels of negligence

Ordinary, Gross, Willful and
Wanton

Tort

a legal wrong

Product liability

holds accountable the manufacturer, whole seller, retailer, and/or supplier for defective products.