SLM 340: Legal Considerations in Sport Management

law

an accumulation of rules and regulations that govern our behavior — failure to abide by the rules of law may result in civil liability or criminal penalty

legislative branch

enacts statutes and includes the US congress and state legislatures

statures

enactments made by a legislature and expressed in a formal document

executive branch

responsible for the implementation and enforcement of these statutes through numerous government agencies that write or promulgate rules and regulations

judicial branch

made up of all the state and federal courts which are responsible for interpreting the Constitution, statutes, regulations, rules, and policy documents and filling in any gaps left by legislatures

precedent

a principle that a court should consider previous rulings when deciding a subsequent case with similar issues or facts — helps provide predictability and consistency to judicial decisions

US Constitution

the supreme law of the US that serves as the greatest source of individual rights to citizens and consists of a preamble, articles, and amendments that limit and empower government

congressional enacted legislation

reflects society interests regarding future conduct including discrimination and business practices, such as sexual harassment, gender equity, sports betting, daily fantasy sports, false or deceptive advertising, and labor practices

Title IX

precludes discrimination based on gender with three areas generally evaluated for compliance and states sexual harassment is a form of gender discrimination

Michigan State Gymnastics

notable Title IX case with sexual harassment from the gymnastics team doctor, causing the school to be fined for failing to properly respond to sexual assault reports on campus

Three Prong Test

each school only needs to pass one of the three areas to achieve compliance — substantial proportionality, history and continuing practice, and effective accommodation of interests and abilities

substantial proportionality

the number of female and male athletes is comparable to the number of male and female students at the university

history and continuing practice

the school has an established practice of expanding participation for the underrepresented sex

effective accommodation of interests and abilities

the school is providing enough opportunity to fully accommodate the interests of the underrepresented sex

Title VII

federal law prohibiting employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin — covers private employees, state and local governments, and private and public educational institutions

state legal systems

legislature of each state is responsible for enacting laws to govern its citizens in matters where federal legislation is silent — states can be more restricting than corresponding federal laws

Tort Law

civil wrong or injury for which the law permits a recovery — either a negligent or intentional act that causes injury to another person or property and focuses on whether a person failed to perform appropriately based on their relationship with the injured plaintiff

compensatory damages

can be monetary damages for medical bills, lost days of work, payments for hired hands, lost earning potential, and pain and suffering

punitive damages

can impose additional monetary damages on defendants that serve to punish them for their wrongdoing and make an example of their conduct for others

types of Torts

invasion of privacy, defamation, assault, or battery

invasion of privacy

protects against unwarranted privacy intrusions and disclosures

defamation

protects against publication of false statements that are harmful to a person’s reputation

assault

protects against threats that could result in physical harm

battery

protects against actual physical harm or offensive touching

negligence

failure to act as a reasonable prudent person would act — is unintentional, since even if no intent to harm, can still be held responsible

4 elements to prove negligence

duty, breach of duty, proximate cause, and injury

duty

based on the relationship between the plaintiff and the volunteer assumption of a duty, or duty imposed by a statute

breach of duty

failure to act as a reasonable prudent person

proximate cause

activity that directly produces an injury event and without which the event would not have occurred

injury

some harm must actually occur

defenses for negligence

assumption of risk (waivers), comparative negligence, failure to meet one of the 4 elements, failure to meet procedural guidelines, governmental immunity, volunteer immunity statutes, and recreational use of immunity statute

contracts

agreement between parties to do or not to do a particular act — preserves and encourages the right of parties to make or enter into agreements with 3 elements

3 elements of a contract

offer, acceptance, and consideration

offer

proposal that clearly defines the parties, the price, the time and method of payment, and the subject matter of the offer

acceptance

unconditional assent to the terms of the offer

consideration

mutual exchange of value between the parties

exculpatory agreements

used to excuse an organization for its own acts of negligence — waivers or releases