U.S. Legal System, Tort Law, and Risk Management in Sport

Comprehensive vocabulary flashcards reviewing legal principles, court structures, tort liability, product safety, and risk management concepts from Chapters 1 through 3.

Stare Decisis

A legal principle originating in English common law where courts employ a system of precedents to assist in deciding future cases.

Constitutional Law

Law deriving from the U.S. Constitution and state constitutions that sets forth the basic organization, powers, and limits of governments and serves as the bedrock of the legal system.

Statutory Law

Laws enacted by federal and state legislatures, alongside municipal ordinances created by local governments.

Supremacy Clause

A clause within the U.S. Constitution dictating that federal law supersedes conflicting state law.

Administrative Law

Rules and regulations promulgated by specialized local, state, and federal administrative bodies such as the IRS, OSHA, and FTC.

United States Supreme Court

The highest court in the federal system, consisting of nine justices and led by Chief Justice John Roberts.

Appellate Courts

Courts that review trial court rulings by focusing strictly on questions of law (application, interpretation, constitutionality) without conducting juries, hearing witnesses, or receiving new evidence.

Legal Citation

The standard legal citation layout displaying the case name, volume number, reporter name, and page number.

Preponderance of the Evidence

The standard burden of proof required in civil tort lawsuits, contrasted with the 'beyond a reasonable doubt' standard used in criminal law.

Negligence

An unintentional tort involving personal injury caused by fault rather than intent, requiring duty, breach of duty, causation, and damages.

Proximate Cause

A legal element of causation requiring a strong enough connection between a wrongful act and an injury.

Cause in Fact

An element of causation established when an injury would not have occurred 'but for' the defendant's wrongful act.

Gross Negligence

A higher degree of carelessness consisting of willful, wanton, or reckless conduct where there is intent to cause the action that resulted in injury, but no intent to cause the injury itself.

Comparative Negligence

A partial defense to negligence that apportions percentage of fault between parties, such as the 50% rule where a plaintiff recovers damages only if their fault is under 50%.

Assumption of Risk

A defense to negligence proving that a risk was inherent to the sport and that the participant voluntarily consented, knew, understood, and appreciated the inherent risks.

Express Assumption of Risk

Oral or written language in participation agreements outlining activity risks to demonstrate voluntary assumption.

Implied Assumption of Risk

An assumption of risk triggered when a participant's conduct or voluntary participation demonstrates knowledge and appreciation of inherent risks.

Battery

An intentional tort defined as the intentional, harmful, or offensive touching of another that is unprivileged and unpermitted.

Assault

An intentional tort defined as the threat of battery causing apprehension of immediate harmful or offensive touching with apparent ability.

Defamation

A false and defamatory statement published to a third party that harms reputation, occurring either as written libel or oral slander.

Defamation Per Se

Defamatory statements where damages are automatically presumed, involving allegations of moral turpitude, loathsome disease, or lack of professional qualification.

Actual Malice

The standard required for public figures to prove defamation, requiring evidence that statements were published with knowledge of falsity or reckless disregard for the truth.

False Imprisonment

The intentional confinement of another person within a particular area against their will where the person is aware of or harmed by the confinement.

Intentional Infliction of Emotional Distress

An intentional act constituting extreme and outrageous conduct that causes severe emotional distress and non-physical damages.

Appropriation

An invasion of privacy tort occurring when someone uses another person's name, likeness, or identifying characteristic without permission for commercial or personal benefit.

False Light

An invasion of privacy tort involving public statements or representations that deceptively place a plaintiff in a false light.

Trespass to Personal Property vs. Conversion

Trespass involves the unlawful taking of personal property, whereas conversion involves keeping the personal property.

Disparagement of Property

Untrue statements regarding a product or property resulting in economic loss, categorized as slander of quality or slander of title.

Strict Product Liability

Liability without fault imposed on sellers for injuries caused by consumer products that are unreasonably dangerous due to design, manufacturing, or failure-to-warn defects.

Express Warranty

A product quality guarantee based on explicit representations made by a seller or manufacturer, governed under the Uniform Commercial Code (UCC).

Implied Warranty of Merchantability

A legal warranty guaranteeing that sold goods are of average quality and fit for the ordinary purposes for which they are used.

Risk Management

The three-stage process of recognition, analysis, and action aimed at reducing or eliminating the risk of injury and liability in recreational facilities and services.

Risk Transfer

A risk management action response where methods are devised to place liability risk onto another party via contractual agreements or insurance.

Emergency Action Plan (EAP)

A comprehensive, proactive plan that addresses potential medical emergencies occurring in a sport setting.

Crisis Management Plan (CMP)

A comprehensive, proactive plan designed to lessen the negative organizational impact in the event of a major crisis.

Title III of the ADA

Federal statutory provision barring discrimination against disabled individuals in public accommodations, setting facility design standards, line-of-sight requirements, and disabled seating percentages.