Sports Management: Chapter 5; Legal Principles Applied to Sports management

Administrative Law

Describes the body of law created by rules, regulations, orders and decisions of administrative bodies

Age discrimination in Employment Act

A 1967 law that prohibits employment discrimination on the basis of age

Agency

A relationship in which one party (the agent) agrees to act for and under the direction of another (the principal)

Agent

A party acting for and under the direction of another (the principal)

Americans with Disabilities Act (ADA)

A 1990 law that has as its intent prevention of discrimination against people with disabilities in employment, public services, transportation, public accommodations, and telecommunications services; it protects employees with disabilities at all stages of the employment relationship

Ambush marketing

A strategy that involves placement of marketing material and promotions at an event that attracts consumer and media attention, without becoming an official sponsor of that event

Antitrust law

The body of state and federal law designed to protect trade and commerce from unlawful restraint, monopolies, price fixing, and price discrimination

Bona Fide Occupational Qualifications (BFOQ)

An employment qualification that, although it may discriminate against a protected class (i.e., sex, religion, or national origin), relates to an essential job duty and is considered reasonably necessary for the normal operation of a business or organization and therefore not illegal

Breach

The breaking of a promise in a contract

Capacity

The ability to understand the nature and effects of one's actions; generally, individuals over the age of 18 posses capacity

Collective Bargaining Agreement

A legal agreement between an employer and a labor union that regulates the hours, wages, and terms and conditions of employment

Consideration

The inducement to a contract represented by something of value, such as money, property, or an intangible quality

Constitutional Law

The body of law developed from precedents established by courts applying the language of the U.S. constitutions to the actions and policies of governmental entities

Contract

A written or oral agreement between two or more parties that creates a legal obligation to fulfill the promises made by the agreement

Curt Flood Act

This act granted Major League Baseball players, but not minor leagues, the legal right to sue their employers under the Sherman Act. It confirmed that baseball's exemption from federal antitrust laws applies to business areas including the minor leagues; the minor league players reserve clause; the amateur draft; franchise expansion, location or relocation; franchise ownership issues; marketing and sales of the entertainment product of baseball; and licensed properties

Defendant

the person or organization that allegedly wronged the plaintiff and must respond to the lawsuit

Disaffirm

To opt out of a contract

Due Process

The right to notice and a hearing before life, liberty, or property may be taken away

Duty of Care

A legal obligation that a person acts toward another as a reasonable person would in the circumstances. This duty arises from one's relationship to another, a voluntary assumption of the duty of care, or from a duty mandated by law.

Equal Pay Act (EPA)

A 1963 law that prohibits a employer from paying one employee less than another on the basis of sex when the two are performing jobs of equal skill, effort, and responsibility and are working under similar conditions

Equal Protection

The Fourteenth Amendment guarantee that no person or class of persons shall be denied the protection of the laws that is enjoyed by other persons or other classes in like circumstances in their enjoyment of personal rights and the prevention and redress of wrongs

Fiduciary Duties

Obligation to act in the best interest of another party

Gross Negligence

Occurs when a defendant acts recklessly

Independent Contractor

A worker who is not under the employer's supervision and control

Injunction

An order from the court to do or not to do a particular action

Intellectual Property

refers to creations of the mind

Invasion of Privacy

An unjustified intrusion into one's personal activity or an unjustified exploitation of one's personality

Judicial Review

occurs when a plaintiff challenges a rule and the court evaluates it to determine whether it should apply

Labor Exemption

An exception that states that terms agreed to in a collective bargaining agreement are immune from antitrust scrutiny during the term of the agreement

Lanham Act

A federal law that governs trademarks and service marks and gives protection to the owner of a name or logo

Legality

Concept that the subject matter of a contract cannot violate laws or public policy

Legitimate Interest

Refers to a reason for upholding the use of separate-gender teams

Mutual Assent

A requirement by a valid contract involving an offer by one party and an acceptance by another

National Labor Relations Act (NLRA)

A 1935 law that establishes the procedures for union certification and de-certification and sets forth the rights and obligations of union and management once a union is in place

Negligence

An unintentional tort that occurs when a person or organization commits an act or omission that causes injury to a person to whom he, she, or it owes a duty of care

Plantiff

a person or organization that initiates a lawsuit

Principal

(1) The original amount that an organization borrows. (2) One who authorizes another to act on his or her behalf as an agent

Public Policy

pertains to a service important to the public

Rational Basis

Lowest standard of review in a discrimination case and focuses on any basis other than race, religion, national origin, or gender. Examples include economic or social background, sexual orientation, physical or mental disability, or athletic team membership

Release of Liability

Contract that parties sign after an injury occurs, by which a party gives up the right too sue later (usually in return for a financial settlement).

Risk Management

Requires developing a management strategy to maintain greater control over the legal uncertainties that may wreak havoc on a sport business

Secondary Meaning

Refers to the protection afforded geographic or descriptive terms in a product that a producer has used through advertising and media to lead the public to identify the producer or that product with the trade or service mark, thus permitting the user to protect an otherwise unprotectable mark

Single Entity

Meaning one person, place, thing, business, and so on

Sport Law

the application of law to the sport industry

State Actor

A private entity that is so enmeshed with the public entity that the private entity is considered governmental one for purposes of subjecting the private entity to the rights protected by the U.S. and state constitutions

Statutes

legislatively created laws codified in an act or a body of acts collected and arranged according to a particular theme or session of a legislature

Examples: Sports Agent Responsibility and Trust Act of 2004, Sports Broadcasting Act of 1961, The Professional and Amateur Sports Protection Act of 1992

Strict Scrutiny

First standard of review in a discrimination case. Applies where one discriminates on the basis of race, religion, or national origin

Title VII of the Civil Rights Act

A statute that specifically prohibits any employment decision, practice, or policy that treats individuals unequally due to race, color, national origin, sex or religion;it covers employers with 15 or more employees

Title IX

A comprehensive statute aimed at eliminating sex discrimination in any educational program or activity that recieves federal funding

Tort

An injury or wrong suffered due to another's improper conduct

Trademark

A word, name, or symbol used by a manufacturer or merchant to identify and distinguish its goods from those manufactured and sold by others

Unreasonable searches and seizures

Searches and seizures conducted without probable cause or other considerations that would make them legally permissible

Vicarious Liability

Provides a plaintiff with a cause of action to sue a superior for the negligent acts of a subordinate

Waivers

A contract in which parties agree to give up their right to sue for negligence before participating in the activity for which they are waiving the right to sue

D.I.M. Process

used to establish a risk management program. Consist of three steps:

(1) Developing the risk management plan

(2) Implementing the risk management plan

(3) Managing the risk management plan