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14 Cards in this Set
- Front
- Back
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Is sport a separate body of law? |
No |
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Where do the principles of law being applied to sport come from? |
The principles of law being applied to sport come from: The law of agreementsIndustrial relationsCivil wrongsInternational declarations and treaties |
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What are the consequences for sport if law is applied to harshly?
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If law is harshly applied to sports it may dampen competition and discourage participation.
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When players become injured during sport which area of law is used? |
Negligence |
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Why do sports clubs operate as a business or incorporation? What does it allow them to do? |
Enter contractsBuy/lease propertyApply for government subsidiesOpen bank accountsPay coachesTake out insurance Protect office bearers from being usedBorrow moneyInvest moneyBe able to sue and be sued
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What is an incorporation? |
*Incorporation is to go through the legal formalities to become a legal person. Sporting organisations can do this and are known as incorporated associations. |
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What disadvantages would an unincorporated enterprise face? |
The life of the association ends if it has no membersIt cannot buy, sell or lease property unless via a trusteeGenerally it does not have the capacity to enter into valid contractsIt may not sue or be sued (individual members bear responsibility)There are no rights of indemnity against individual members of an associationThe liability of members is limited to membership subscriptionsThere are no mandatory reporting requirements The association is not liable for civil wrongs although individuals may be
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Can a rule of sport make a criminal act lawful? |
No. |
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What are the two ways that assualt can occur? |
Attempted or threatened application of force - accompanied by behaviour such as a gesture which makes the victim believe that the threat could be carried outApplication of force - without express of implied consent.
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Which case is the legal authority of the issue of consent in assualt, in Queensland? |
Lergesner v Caroll (1991) is the legal authority |
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By playing sport are you giving implied consent? |
Yes. |
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What are the criminal cases in which consent is irrelevant? |
Grevious bodily harm
Unlawful doing of gbh R v Johnson (1986)
Murder and Manslaughter
Relevant when a fatlity occurs because of an act or omission by another player |
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What are the possible parties to offence in sport and the law? |
A coach or other players, perhaps a team captain could be also charged as well as the specific player involved. If a coach or captain encouraged either aggressive or violent play generally throughout the game, or told a player to execute that particular tackle or manoeuvre which resulted in death or injury, this could make them accessories to the offence.
Organisers could be criminally liable. Eg grandstand collapse |
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What events does criminal law apply to in sporting events? |
CRIMINAL LAW is also relevant to a range of other events, such as Stealing sporting equipmentFixing or rigging matches Bribing players Doping of horses or greyhounds |
