Sport Law & Government Midterm

Front 1

T/F: Party designation, term, warranties & representation, obligations & duties, and termination are typically found in a sport contract

Back 1

True

Front 2

A country club mgr withholds a pay raise for the clubs ladies golf pro because the pro would not have sex with him. This is an example of what?

Back 2

Quid Pro Quo

Front 3

What are the 2 types of contracts we discussed in class?

Back 3

Bilateral and Unilateral Contracts

Front 4

Recognition, Analysis, and Action are the 3 keys to the process of __________

Back 4

Managing Risk

Front 5

Facilities designed and constructed for first occupancy after _______, are viewed as new construction and must comply with the ADA's more strict accessibility standards

Back 5

January 26, 1993

Front 6

_______ is a type of lawsuit that involves claims of conduct that is sexual in nature and creates a hostile or abusive work environment

Back 6

Sexual Harassment Lawsuit

Front 7

What are the 4 major sources of US Law?

Back 7

Common

Constitutional

Statutory

Administrative

Front 8

A HS has a policy that any student who wants to be on the FB team must weigh or be able to bench press at least 150lbs. This is an example of which discrimination?

Back 8

De Facto Discrimination

Front 9

When the law does not appear to have a discriminatory purpose but has a discriminatory effect

Back 9

De Facto Discrimination

Front 10

Public school based prayers & freedom of expression falls under which Amendment?

Back 10

1st

Front 11

Firing a coach, failing drug tests, & fairness in discipline/sanctions falls under which Amendment?

Back 11

5th

Front 12

Intellectual Property encompasses ________

Back 12

Trademarks

Copyrights

Right to Publicity

Patents

Front 13

What are the 4 elements of negligence?

Back 13

Standard of Care

Breach of Duty

Causation

Injury

Front 14

T/F: An owner of a trademark must register the mark every 6 years in order to exclusively use the mark on products and services

Back 14

False - 10 years

Front 15

If a group of UC students decide to go play at Gettler Stadium, is this considered trespass to land?

Back 15

No - because Gettler is open to the public

Front 16

T/F: Trademark protection is absolute

Back 16

False - it is not absolute

Front 17

How many Federal Judicial Circuits are in the State of Ohio?

Back 17

6

Front 18

________ negligence is known as the highest degree of negligence. There is no intent to cause the injury but intent to cause the action that resulted in the injury

Back 18

Gross Negligence

Front 19

T/F: A tort is a criminal wrong

Back 19

False - Civil Wrong

Front 20

T/F: Discrimination is treating employees or job applicants unequally on the basis of a personal characteristic or trait

Back 20

True

Front 21

T/F: The health club worker who tries to sign you up for a gym membership is acting as an agent of the gym

Back 21

True

Front 22

When was the US Constitution adopted?

Back 22

1787

Front 23

When was the Bill of Rights adopted?

Back 23

1791

Front 24

T/F: Risk Mgmt is the process of increasing the risk of injury and loss to sports participants, spectators, employees, mgmt, and organizations

Back 24

False - decreasing

Front 25

T/F: Agency relationships can only be created orally

Back 25

False - also as a professionally written document

Front 26

T/F: the US Olympic Committee has a week trademark protection

Back 26

False - very STRONG

Front 27

What does GRAPES stand for?

Back 27

Grievances

Religion

Assembly

Press

Exercise

Speech

Front 28

What are 2 types of US Law?

Back 28

Criminal and Civil

Front 29

How many justices sit on the US Supreme Court?

Back 29

9

Front 30

______ is where they attempt to determine whether the proper law was correctly applied to the issue at hand

Back 30

Appellate Court

Front 31

Intentional torts are _______ with intent

Back 31

Committed

Front 32

If a group of students went to play a pick up softball game in Marge Schott Stadium, would that be considered trespass to land?

Back 32

Yes, because it's not public

Front 33

Lawsuits take time, some more than ____ years, to make it through the appeal process

Back 33

10

Front 34

What are the 3 risks a manager needs to look at when processing risk?

Back 34

Recognition

Analysis

Action

Front 35

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

Back 35

Emergency Action Plan

Front 36

______ prohibits discrimination against individuals with disabilities

Back 36

Americans with Disabilities Act (ADA)

Front 37

T/F: Sport Law is about managing risk?

Back 37

True

Front 38

T/F: Trial Courts decide cases based on evidence presented and juries serve as the finders

Back 38

True

Front 39

What is the body of law that identifies what behavior if criminal and also determines the penalties for the violation?

Back 39

Criminal Law

Front 40

T/F: Intentional Infliction is the act that represents extreme and outrageous conduct and results in severe injury distress to another person

Back 40

False - Intentional Infliction of Emotional Distress

Front 41

______ is intentional, harmful, or offensive touching of another that is unprivileged and unpermitted

Back 41

Battery

Front 42

What are the 3 causes of action (types of lawsuits) in regards to tort law?

Back 42

Negligence

Intentional Torts

Product Liability

Front 43

A comprehensive, proactive plan designed to lessen the negative impact on an organization in the event of a crisis?

Back 43

Crisis Management Plan

Front 44

What year was the University of Cincinnati founded in?

Back 44

1819

Front 45

T/F: A student athlete who signs a NLI, enters into a contract with the school that also signs the letter

Back 45

True

Front 46

T/F: The Age Discrimination in Employment Act (ADEA) prohibits employment discrimination on the basis of age for people at least 60 years old?

Back 46

40

Front 47

Title VII of the Civil Rights Act prohibits discrimination in the employment matters by all the reasons except:

A) Race, Color, National Origin

B) Hair Color

C) Gender

D) Religion

Back 47

B

Front 48

What are the 4 professional sports leagues that regulate athlete agents?

Back 48

NHL

NFL

NBA

MLB

Front 49

The _______ is the final part to any sports contract

Back 49

Termination Provision

Front 50

A contract must contain which 3 things?

Back 50

Offer

Acceptance

Consideration

Front 51

Which professional football player was just dropped by his agent?

Back 51

Johnny Manziel

Front 52

T/F: Employment-at-will doctrine is when EITHER the employer or employee may terminate the employment relationship at any time and for any reason

Back 52

True

Front 53

If an athlete breaks curfew the night before a big game and is punished by being made to sit out the first quarter of the game, this is an example of which Due Process?

Back 53

Minimum Due Process

Front 54

T/F: Discrimination can occur in hiring, promoting, firing employees

Back 54

True

Front 55

T/F: Fair Labor Standard Act is a federal law that governs adult labor practices

Back 55

False - governs child labor practices

Front 56

T/F: Duty of Loyalty is to act solely & completely for the benefit of the principal

Back 56

True

Front 57

Which sport contracts were discussed in class?

A) Univ. & Pro Coaching Contracts

B) Player Contracts

C) Endorsement Deals

D) Lease Agreements

Back 57

All

Front 58

T/F: A student who sells their university's merchandise at an event are acting as agents for their school?

Back 58

True

Front 59

When one party promises to do something in exchange for something that the other party promises to do is __________ law

Back 59

Contract Law

Front 60

What are the 3 types of damages we discussed in class in regards to contracts?

Back 60

Compensatory

Consequential

Liquidated

Front 61

When can a college coach be terminated for cause?

A) When he/she fails to win enough

B) When Univ. believes NCAA violation occurred

C) When a coach violates a provision of contract

Back 61

All

Front 62

The Uniform Athlete Agents Act has been adopted by how many states?

Back 62

40

Front 63

Which state adopted the Uniform Athlete Agents Act in 2016?

Back 63

Michigan

Front 64

Attorney Mark McCormack began working as a sport agent for which famous golf pro?

Back 64

Arnold Palmer

Front 65

T/F: Agency Law is the law that applies to and explains the relationships between a principal and an agent

Back 65

True

Front 66

Blake Reid came and spoke about _____

Back 66

Product Liability

Front 67

How many athletes are on the army FB team?

Back 67

225

Front 68

What does CLC stand for when Black Reid came to speak? And where are they based out of?

Back 68

Collegiate Licensing Company; Chattanooga, TN

Front 69

What does NOCSAE stand for?

Back 69

National Operating Committee on Standards for Athletic Equipment

Front 70

At UC we require all athletes to ______

Back 70

Wear the product provided

Front 71

UC is liable for any and all ______

Back 71

Equipment

Front 72

What was the quote that Trever Wright from Compliance mentioned when he spoke?

Back 72

"It's not about who you know, it's about who knows you"

Front 73

Trever also said, "Connections get you in the door and it's _______"

Back 73

Your job to finish it

Front 74

In the CARA rules, how many HRS/DAY is allowed in-season?

Back 74

No more than 4

Front 75

According to the NCAA, Student-Athletes are ____

Back 75

Students 1st

Front 76

Is it permissibly for a booster to contact a coach about a recruit via DM on Twitter/Facebook message? (Bylaw 13)

Back 76

Yes, because they are contacting the coach PRIVATELY and not publicly

Front 77

What does CARA stand for?

Back 77

Countable Athletically Related Activities

Front 78

According to Karla from HR, what is the most important part of the Employee Life Cycle? (HINT: It's the most critical component because it is when a decision is being made)

Back 78

Onboarding

Front 79

What is at the center of the Employee Life Cycle, according to Karla from HR?

Back 79

Inclusive Excellence

Front 80

What example did Karla use Lindsay in when talking about her theoretically having a possession and intent to sell?

Back 80

Terminable Offenses

Front 81

What do Terminable offenses depend on?

Back 81

Their position/title

Front 82

Kylie Jenner trying to Patent her name is an example of Right to ______

Back 82

Publicity

Front 83

No discrimination basedon race, gender, orethnicity, access of sportadministration jobs tominority groups, and affirmative action are part of which Amendment?

Back 83

14th

Front 84

GRAPES falls under which Amendment?

Back 84

1st

Front 85

Due Process falls under which Amendment?

Back 85

5th

Front 86

Equal protection of the laws falls under which Amendment?

Back 86

14th

Front 87

Name the 3 test to analyze religious freedom issues

Back 87

Lemon

Endorsement

Coercion

Front 88

When a law has adiscriminatory purpose

Back 88

De Jure Discrimination

Front 89

A high school has a policy that girls cannot play on theboys’ football team

Back 89

De Jure Discrimination

Front 90

Which Due Process requires the following:

Written notice of a hearing, a written statement of the charges, provisions of an adversarial hearing, a written or audiotaped record of the proceedings, and the right to appeal

Back 90

Maximum Due Process

Front 91

Employer’s discriminatory words or actions or policy (you were not hired because you are…)

Back 91

Direct Discrimination

Front 92

Most common discrimination

Back 92

Indirect Discrimination

Front 93

T/F: Categories of discrimination include race, color & national origin, gender, religion,age, and disability

Back 93

True

Front 94

A conditional promise to do or refrain from doingsomething in the future

Back 94

Offer

Front 95

The party to whom the offer was made has the power tobind the offeror the contract

Back 95

Power of Acceptance

Front 96

Once an offer is made by one party, a contract can onlybe created if another party ______ the offer

Back 96

Accepts

Front 97

The exchange of value or benefit that each party agreesto give up as a result of the contractual agreement

Back 97

Consideration

Front 98

Typical Provisions in a ______: Party Designation Term Warranties & representation Obligations & duties Termination

Back 98

Sport Contract

Front 99

Follow all reasonable instructions given by the principal

Back 99

Duty of Obedience

Front 100

Not working to counter or interferewith efforts of Agent

Back 100

Duty of Cooperation

Front 101

The principal should not doanything that would damage their reputation

Back 101

Duty of Good Conduct