SPORT LAW STUDY GUIDE

What are the primary sources of law in the U.S. legal system?

Constitution, statutes, regulations, common/case law, ordinances, codes, and administrative regulations.

What is "standing" in legal terms?

The legal right to bring a lawsuit, requiring a personal stake in the outcome.

What are "mootness" and "ripeness" in court cases?

The first one is issue already resolved; the second is

issue not ready for litigation

 What are the main stages of litigation?

Complaint, answer, discovery.

 What is alternative dispute resolution (ADR)?

Non-court methods like arbitration or mediation used to resolve conflicts.

What is a writ of certiorari?

A petition for the Supreme Court to review a lower court's decision.

What is the difference between civil and criminal cases?

First is disputes between individuals; the other is offenses against the state.

Name three types of legal damages.

Compensatory, punitive, and injunctions.

How is common law interpreted?

Through court decisions and judicial precedent.

What are the basic elements of a valid contract?

Offer, acceptance, consideration, legality, capacity.

Are oral contracts legally enforceable?

Yes, unless barred by the Statute of Frauds.

What is the Statute of Frauds?

A law requiring certain contracts to be in writing.

Who can bind an organization to a contract?

Individuals with actual or apparent authority

 What are remedies for breach of contract?

 Damages, specific performance, rescission.

 What is the purpose of labor unions?

To collectively represent workers and negotiate with employers.

What rights do employees have under Section 7 of the NLRA?

Right to self-organize, form/join labor organizations, and bargain collectively.

How do workers select a union?

Through an election conducted by the NLRB.

What duties exist in a collective bargaining relationship?

Good faith bargaining by both union and employer.

What’s the difference between mandatory and permissive subjects of bargaining?

One has wages, hours, and conditions; the other has topics not legally required.

 What is arbitration in labor disputes?

 A binding resolution process for grievances or salary issues.

What are the levels of scrutiny used by courts?

Strict, intermediate and rational basis.

When is the NCAA considered a state actor?

Generally, it is not, unless heavily entwined with government functions.

What is due process in school sports settings?

 Fair procedures before deprivation of rights or benefits

Are high school athletic associations state actors?

Yes, due to their connection to public schools.

Is drug testing allowed in schools and colleges?

Yes, if it meets reasonableness under the Fourth Amendment.

Can schools restrict religious speech by students?

Only if it disrupts school operations or is school-sponsored.

Can student-athletes protest or express free speech?

Yes, within limits—speech must not be disruptive.

What restrictions exist for dress and grooming in sports?

Must be reasonable and not violate constitutional rights.

What are the key elements of Title IX compliance?

Equal opportunity in athletics, financial aid, and benefits.

What must a plaintiff show to sue under Title IX?

 Gender-based discrimination in an education program receiving federal funds.

 What does Title VII prohibit?

Employment discrimination based on race, color, religion, sex, or national origin.

What remedies are available under Title VII?

 Back pay, reinstatement, compensatory/punitive damages, attorney fees.

What are theories of liability under Title VII?

Disparate treatment, disparate impact, retaliation.

What defenses can employers use against Title VII claims?

Bona fide occupational qualification (BFOQ), business necessity, merit.

 What does the Age Discrimination in Employment Act protect?

Workers aged 40+ from age-based employment discrimination.

What laws protect individuals with disabilities?

Americans with Disabilities Act (ADA), Rehabilitation Act, Civil Rights Act of 1991.

What are "reasonable accommodations" under the ADA?

Adjustments enabling qualified individuals to perform job functions.

What is an “undue burden” under the ADA?

Significant difficulty or expense for the employer.

What are the two types of sexual harassment?

Quid pro quo and hostile work environment.

Can employees express political views at work?

Yes, but subject to workplace policies and not protected in all contexts.

When can players or athletes be liable for violence?

If actions exceed the scope of the game and cause harm