Sport and the Law Exam Study Guide

Constitution

A foundation document that sets forth basic operating principles of a government

Statutes

Written laws created by legislatures aka law making bodies compromised by elected officials (i.e congress)

Regulations

Rules created to operationalize statutes by providing more specific guidance

common/case law

law created when courts render decisions

Ordinances/codes

Laws enacted by lower governmental bodies

administrative regulations

governmental agencies have the authority to develop and enforce policies, rules, and regulations that apply to activities under their control

Standing

There is an aggrieved party seeking a remedy

Mootness

There is a live issue at all stages

Ripeness

The issue must have come to fruition; the legal issue presented is not just a hypothetical harm

Complaint

The plaintiff files a complaint with the court, outlining their claim

Answer

The defendant files an answer, responding to the allegations in the complaint

Discovery

Informal exchange of information; parties gather evidence through methods like depositions, interrogatories and document requests

Formal motions

Parties may file motions to seek court rulings on various issues

Alternative dispute resolution

Before court, parties may employ methods like mediation or arbitration to resolve the dispute

Certiorari

A petition to the court to hear case; court will or will not review a lower court's decision

Civil v. criminal cases

Criminal: A crime against the state; trial by a jury of one peer; guilty beyond reasonable doubt; punishment could be prison, death penalty, probation, etc.

Civil

Noncriminal nature

Jury involvement

May involve a jury or a judge with no jury

Preponderance of the evidence

Standard of proof in civil cases

Punishment in civil cases

Often compensation

Types of damages

Compensatory, punitive, injunctions

Compensatory damages

Money awarded to compensate for loss

Punitive damages

Punishment or to set an example

Injunctions

Seeking for the court to prevent something

Preliminary injunctions

Show likelihood of prevailing on merits of case

Irreplaceable harm

Plaintiff will suffer irreplaceable harm if no injunction is issued

Greater injury to defendant

Issuing injunction will not inflict greater injury on defendant

Public interest

Injunction will not have adverse effect on public interest

Temporary restraining orders

Immediate court orders to prevent harm

Stare decisis

Stand by things decided

Binding precedent

Legal principle established in a previous case that must be followed

Novel issues

Courts can decide new precedent

Contracts

Legally enforceable agreements between parties

Elements of a contract

Offer and acceptance, consideration, capacity, legality

Offer

A conditional promise made to do or refrain from doing something

Offeror

Person making the offer

Offeree

Person accepting the offer

Counteroffers

A response to an offer that modifies its terms

Acceptance

Unconditional assent or agreement to terms of the offer

Consideration

Involves the exchange of value

Capacity

The legal competence of the parties to enter into a contractual relationship

Legality

Subject matter of the contract must not violate state or federal law

Rule on oral contracts

They can exist but are not advisable; some must be in writing under the statute of frauds

Statute of Frauds

Certain transactions must be in writing to be enforceable

Organizational authority to contract

Who can sign a contract on behalf of a company

Principal

Organization in a contract relationship

Agent

Person acting on behalf of the organization

Actual authority

Principal has conveyed to the agent the limits of the authority

Apparent authority

Principal has conveyed to a third party that the agent can act even if the agent does not have actual authority

Breach of contract

Failure to perform any term of a contract

Material breach

A significant failure to perform a contract

Immaterial breach

A minor failure to perform a contract

Specific performance

Court order to fulfill the terms of a contract

Compensatory damages

Damages awarded to compensate for loss

Liquidated damages

Pre-determined damages specified in a contract

Recission

Understanding the contract and placing parties in position they were in before

Restitution

Returning goods or property exchanged during the contract

Promissory estoppel

Quasicontractual remedy used when a party relied on another party's promises and suffers injustice

Labor laws

Regulations governing the relationship between employers and employees

Employee rights under NLRA

Right to join or assist unions, engage in collective bargaining, and concerted activity for mutual aid and protection

Grievances

Formal complaints regarding perceived wrongs or injustices.

Arbitration

Process in which disputing parties hire a neutral third party to render a decision that is final and binding.

Rights arbitration

Interpretation or application of a contract.

Interest arbitration

Disputes over the terms of a contract.

State actors

Entities barred from limiting the rights guaranteed by the Constitution and its amendments.

Strict Scrutiny

Used when government deprives a right based on a suspect classification such as race, national origin, or ethnicity.

Intermediate scrutiny

Used when government deprives a right based on gender.

Rational basis

Lowest level of scrutiny of a government's implementation of an action, used when depriving a right based on age, disability, or all other classifications.

Due process

Legal principle that protects individuals from arbitrary government actions that violate their rights to life, liberty, or property.

First Amendment

Constitutional amendment that guarantees freedoms concerning religion, expression, assembly, and the right to petition.

Endorsement test

Determines if a reasonable observer would perceive a government action as endorsing religion.

Coercion test

Assesses whether a government action might coerce individuals to support or participate in a religion.

Lemon test

Examines whether government conduct lacks a secular purpose, has the primary effect of advancing or inhibiting religion, or fosters excessive government entanglement with religion.

Tinker vs Des Moines

Supreme Court case that established students' rights to free expression in public schools unless it disrupts the educational process.

Title IX

Prohibits sex-based discrimination in any education program or activity receiving federal financial assistance.

Title VII of Civil Rights Act

Prohibits employment discrimination based on protected characteristics including race, color, religion, sex, and national origin.

Remedies under Title VII

Includes back pay, front pay, reinstatement, compensatory damages, punitive damages, and injunctive relief.

Drug testing in high school and college sports

Regulations regarding the testing of student-athletes for illegal substances.

Religious speech and activities in schools

Regulations governing the expression of religious beliefs in educational settings.

Dress codes

Policies governing student attire in educational institutions.

Social media expression

Students' rights to express themselves through social media platforms.

Disparate treatment

Applies when an employer has intentionally discriminated against a member of a protected class.

Direct evidence

Evidence that directly proves a fact, such as a statement made by an employer indicating discriminatory intent.

Inference

A conclusion reached based on evidence and reasoning, often harder to prove in discrimination cases.

Disparate impact

Theory used when an employer's neutral employment practice has had a discriminatory effect on a protected class in which the plaintiff is a member.

Bona fide occupational qualifiers

Legitimate job requirements that may be used as a defense against discrimination claims.

Age discrimination

Discrimination against individuals based on their age, specifically affecting workers starting at age 40.

Age Discrimination Employment Act (ADEA) of 1967

Legislation that makes it unlawful for an employer to discriminate against individuals because of their age.

Americans with Disabilities Act (ADA)

Prohibits discrimination against individuals with disabilities in various aspects of public life.

Rehabilitation Act

Focuses on preventing discrimination against individuals with disabilities in federal programs and by recipients of federal funding.

Civil Rights Act of 1991

Strengthens civil rights laws related to employment, including those impacting individuals with disabilities.

Places of public accommodation

Locations that are required to provide reasonable accommodations to individuals with disabilities under the ADA.

Reasonable accommodations

Modifications or adjustments to a job or work environment that enable individuals with disabilities to perform their job duties.

Undue burden

An accommodation that is excessively costly, extensive, substantial, disruptive, or fundamentally alters the nature of the business.

Types of sexual harassment in the workplace

Various forms of unwelcome behavior of a sexual nature that create a hostile work environment.

Employee expression and political speech

Involves a complex interplay of legal protections, employer rights, and the need for a respectful and productive work environment.

Player and athlete violence

Refers to incidents of violence involving players and athletes, often raising concerns about safety and conduct in sports.