Sports Law: Chapter 1

Sources of U.S. law

English common law, Constitutional law, Statutory law, Administrative law

Where did common law tradition begin?

Medieval England

What system does common law use to decide future cases?

Precedents (stare decisis)

What role do prior court decisions play in common law?

They guide similar future cases

Which nations primarily base their legal systems on common law?

Most English-speaking nations

What is constitutional law derived from?

U.S. Constitution and state constitutions

What does constitutional law set forth?

Basic organization, powers, and limits of government

Can any statute, court ruling, or administrative rule contradict the Constitution?

No

What is considered the bedrock of the U.S. legal system?

Constitutional law

Who enacts statutory laws?

State and federal legislatures

Who creates ordinances?

Local governments (e.g., city)

What happens if federal and state law conflict under the Supremacy Clause?

Federal law supersedes state law

Examples of statutory laws affecting sports

Title IX, Americans with Disabilities Act

What is administrative law?

Rules created and enforced by government agencies at local, state, and federal levels

Examples of administrative agencies

IRS, OSHA, FTC

Levels of state court system

State trial courts → State courts of appeal → State supreme courts

Levels of federal court system

U.S. District Courts → U.S. Courts of Appeal → U.S. Supreme Court

How many justices are on the U.S. Supreme Court?

Nine

Who is the Chief Justice of the U.S. Supreme Court?

John Roberts

What do trial courts do?

Decide cases based on evidence; juries find facts, judges apply law

What do appellate courts focus on?

Questions of law

Do appellate courts review new evidence or use juries?

No

What can appellate courts do if they disagree with trial courts?

Remand cases back to trial courts

What types of cases do state courts usually hear?

Cases involving state law

What is federal court jurisdiction based on?

Federal questions or diversity of citizenship

What types of cases do specialized federal courts hear?

Military, Tax, Bankruptcy

Steps in the anatomy of a lawsuit

Complaint → Answer → Discovery → Motions → Trial → Appeal

What is a complaint?

Allegations by the plaintiff (P)

What is an answer?

Response by the defendant (D)

What is discovery?

Depositions, interrogations, request for production

What is a motion to dismiss?

Claim that plaintiff failed to state a valid legal claim

What is a motion for summary judgment?

No material facts in dispute, moving party entitled to judgment as matter of law

Steps of trial

Jury selection → Opening statements → Direct & cross examinations → Closing arguments → Verdict/Judgment

What happens after trial if a party disagrees with the verdict?

They can file an appeal

Primary legal resources

Constitutions, statutes, court rulings, regulations

Secondary legal resources

Scholarship reviewing or analyzing law (law review articles, journals, treatises, textbooks)

What must legal citations include?

Court and year of decision in parentheses

Example of a proper legal citation

Cook v. Colgate Univ., 992 F.2d 17 (2d Cir. 1993).