Questions and Answers of Sport Law A Managerial Approach

Consider a hypothetical case of an intercollegiate basketball player who turns her back to the flag during the pregame playing of the national anthem in order to protest U.S. involvement in a current
Why do you suppose Liberty University did not also threaten a First Amendment Establishment Clause claim with regard to its challenge to the NCAA’s Celebration Rule?
In 2007, Iowa State University stirred up controversy by considering appointing a “life skills assistant” to serve as a spiritual advisor to its football team. As proposed, the advisor would
What are the elements of negligence? Define and discuss each.
Find five agencies or companies via an online search that offer certification for personal trainers. Compare and contrast the rigor of each certification. What are the criteria for becoming
In the case of Rostai v. Neste Enterprises, 138 Cal. App. 4th 326 (2006), a client alleged that he suffered a heart attack in his first training workout because of the negligence of the personal
Explain the concept of negligence per se.
Do an Internet search to locate a sample emergency action plan for a sport or recreation program of your choice. For example, the NCAA has developed criteria for an EAP in intercollegiate sport in
Explain the act of God defense. What two elements must exist to use this defense?
Conduct an online search to determine whether your state has a concussions law for youth sport. If so, what are the specific provisions of the law? Is there an enforcement aspect of the law? Discuss
What is the core concept for both contributory and comparative negligence? What is the difference between the two?
Using LEXIS-NEXIS, retrieve the Traub v. Cornell University case. For each defendant, write a paragraph summarizing why they were found to be liable in products liability or not liable for the
Based on your understanding of an inherent risk being one that is “obvious and necessary,” list a number of activities or sports and then identify some inherent risks for each activity or sport.
What is the difference between primary assumption of risk and secondary assumption of risk?
Discuss a number of aspects of competent instruction or training. Give examples of poor instruction in a sport or physical activity of your choice.
Explain the difference between a claim based on medical malpractice and one based on fraudulent concealment.
Discuss whether or not having a cause of action in strict liability for defective products makes good sense. Why is it fair to hold manufacturers strictly liable for defective products without regard
Define the terms invitee, licensee, and trespasser. What difference do these classifications make in the scope of duty owed by a facility owner or operator?
Conduct an online search for your state statutes that mandate emergency medical protocols at sport facilities. For example, is there legislation mandating automated external defibrillators at fitness
Northern City is building a new 28,000-seat multipurpose facility downtown. The facility is owned and operated by the Northern City Sports Development Board. The arena will be the home of the
When does a plaintiff assume the risk of a dangerous condition on the property?Discuss the open and obvious doctrine and give an example. What is the distraction doctrine? Give an example.
Locate online the ADA technical assistance guide for accessible stadiums provided by the DOJ’s Office of Civil Rights. What are two key features of accessible stadiums? What other accessible
What is the purpose of the recreational use statutes?
Explain the limited duty rule applied to spectators who are hit by foul balls at baseball games.
Explain the importance of clearly identifying the areas to be leased and the duration of a lease in a standard sport facility lease.
How is an “alteration” defined under the ADA?
Explain the DOJ’s basis for requiring facilities to provide people with disabilities comparable lines of sight.
Identify the seven new requirements related to accessibility and ticket sales under the ADA and explain the DOJ’s rationale for developing these new requirements.
What is a revocable license? Assuming tickets are revocable licenses, how does that benefit the sport facility or sport organization that sells the tickets?
Explain why spectators attending sporting events may be legally subject to pat-down searches before they are permitted to enter the stadium or arena.
A school district seeks your advice regarding its waiver form. All of the studentathletes are minors. Based on your knowledge of the law regarding minors and waivers, would you recommend that a
Visit the websites of sport or recreation providers in your area or locate their brochures or other promotional materials. Look at the language and identify words or phrases that might convey
You are thinking of operating a summer camp for high school soccer players, and you want to use whatever documents will be helpful in dealing with liability issues.First, review the law of the state
After reviewing the Woodman and Hamill decisions, think about how you would answer the following questions to reinforce your understanding of parents’ versus minors’ rights: How far should
Find out whether agreements to participate are being used in activity classes at your university. If so, review them in class. Do they have the necessary three components?
In regard to the Kyriazis decision, do you agree with the court’s view that the provision of recreational activities to students is a part of a university’s mission?That case dealt with
Discuss the likelihood of a waiver not being upheld at a ski resort on the grounds that it violates public policy since the ski resort provides an “essential service.” Remember the reasoning of
Discuss the concept of conspicuousness. What does this mean when you are developing your waiver form?
An adult player in a recreational softball game strikes out. He becomes angry and throws his bat at the catcher, hitting the catcher and fracturing his nose.Do you think that a prosecutor would
Asa youth league administrator, you are concerned with the lack of sportsmanlike behavior shown by many parents who attend your games. Often, they make very rude comments to the game officials, and,
In regard to the Karas decision discussed earlier, the court held that in sports characterized as “full-contact sports” (specifically, ice hockey and football) rules violations are an inherent
How do you determine whether a certain contact was consented to within a game? Give examples of contact that might be consented to within professional football versus youth level football.
Do an Internet search regarding the player violence that occurred on March 8, 2004, in an NHL game between Steve Moore of the Colorado Avalanche and Vancouver Canucks player Todd Bertuzzi. Ascertain
Discuss the defense of privilege and give examples of its applicability.
Assume you are an athletic director at a high school. Research the laws regarding hazing in your state, and write a memorandum to your coaches explaining the legal ramifications of allowing hazing.
What are some of the difficulties for administrators in addressing the issue of hazing among their teams?
Assume the role of an attorney representing a NFL player who was injured due to the “bounty” system instituted by the New Orleans Saints. Research information pertinent to this scandal. Then,
What are the five functions of a trademark?
Visit the website for the United States Patent and Trademark Office, www.uspto.gov, and search for trademarks of a popular sport organization or sport product, such as the New York Yankees, Dallas
Judy Garcia is co-owner and CEO of Jock & Judy’s, a sports bar and sport memorabilia outlet. Garcia opened her first location about eight years ago and added two more stores in the last two years.
Explain how fanciful, arbitrary, and suggestive marks are different, and why they all are considered distinctive trademarks.
The rapid growth of Internet fantasy sports has again raised the question of whether sports statistics are information in the public domain or copyrightable information. What characteristics of
When is secondary meaning required to establish distinctiveness; and what is the seven factor test for secondary meaning?
What is the most common form of commercial speech?
Which of the following is the defense to trademark infringement that invokes First Amendment free speech issues?a. Abandonmentb. Fair usec. Genericnessd. Functionality
When does a copyright come into existence?a. When it is registered with the United States Copyright Officeb. When it is created and put into a tangible formc. The moment the idea is
A coach could be liable for negligent supervision if he or she failed to act as a reasonable person in failing to intervene to stop dangerous hazing activities. True or False
In criminal law, which of the following is the intent to cause harm?a. Res ipsa loquitorb. Mens reac. Mens sanod. Mensa
What is ambush marketing? Provide two or three examples of ambush marketing at the Olympic Games.
Which of the following activities has been questioned as involving illegal gambling?a. A golf tournament with a drawing for giveaways for all competitorsb. A tennis tournament with cash prizes for
All horizontal and vertical price fixing agreements are illegal per se. True or False
Moral rights attach to a copyright because authorship is considered which of the following?a. An extension of an author’s personalityb. Unique to the creatorc. A protected property rightd. A
What are at least five critical areas to be included in a broadcasting agreement?
Which of the following factors are considered when fair use is raised as a defense to a copyright infringement action?a. Nature of the copyrighted workb. Amount and substantiality of the portion
What is the difference between horizontal price fixing and vertical price fixing?
Two types of patents area. Utility and functionalb. Utility and designc. Functional and designd. Design and pro forma
When is a verbal or spoken comment defamatory per se? Why are these types of statements defamatory per se?
According to Woy v. Turner, what are two ways a private person may become a public figure?
What are the elements of a trademark infringement claim? What is the most effective way to prove the first two elements?
Explain the parody defense to trademark infringement.
Explain the difference between trademark infringement and trademark dilution.
Explain the concepts of tarnishment and blurring.
According to KST Electric, when is a mark a famous mark?
What is the purpose of copyright law?
Explain the concept of fixation as it relates to copyrights.
Explain the concept of fair use and identify the four factors used when determining fair use as it relates to copyright.
Assume a city hosts an annual 10K run that originates at a local park, which contains a statue of a man, woman, and child. For purposes of decoration and promotion, the event organizers decide to fit
What is patent law intended to protect and how long does patent protection last?
Identify and provide an example of three common forms of ambush marketing.
A service mark is used to advertise and identify the source and quality of goods offered for sale to the public. True or False
Many cases exist in which criminal prosecutions have been brought against athletes who engage in violent behavior. True or False
The tort of __________ involves an intent to cause immediate harm that is menacing or threatening behavior, an apprehension of immediate harm by the plaintiff, and a lack of
Locate your state’s attorney general’s office website and search the links to the consumer protection division or consumer protection regulations. Does the website provide good and readily
Consider the popular Hanes underwear advertisements featuring Michael Jordan. During the launch of new ComfortSoft waistband underwear, Hanes issued numerous press releases promoting its ad campaign.
For a government restriction on commercial speech to not violate the First Amendment free speech clause, what must be true about the restriction?a. It must be rationally connected to achieving to a
False advertising and deceptive consumer practices are illegal under both federal and state law in all 50 states. True or False
Accordingly to the holding in Nike v. Kasky, what are the three elements of speech used to determine if the speech is commercial or non-commercial speech?
A collective trademark is used to advertise and identify the source and quality of products and services offered for sale to the public. True or False
Which of the following would NOT be considered a fanciful trademark?a. Cloroxb. Swatchc. Polaroidd. Reebok
For the tort of assault to occur, there must be violent contact. True or False
In a sport context, consent may be gauged by looking at which of the following?a. Only the rules of the sportb. Only the culture of a sportc. Both the rules and culture of a sportd. Consent to
What are the four criteria for determining whether a state’s restriction on commercial speech is constitutional?
The following advertising practices are all regulated by the FTC:a. Bargain advertisingb. Bait advertisingc. Comparative advertisingd. All of the above
Political speech and obscene speech receive the same level of protection under the First Amendment. True or False
Identify and explain each of the elements of a right of publicity claim.
Which of the following is a trademark that identifies or explains the purpose, function, or use of the goods?a. Descriptive trademarkb. Suggestive trademarkc. Distinctive trademarkd. Arbitrary
The tort of assault cannot occur unless the victim is aware of the defendant’s threatening or menacing behavior. True or False
Which of these four criteria was not satisfied in the Bailey v. Kentucky Racing Commission case?
Which of the following is advertising that contains expressions of opinion or exaggeration that is not made as a factual representation?a. Deceptive advertisingb. Innuendoc. Sales
The only form of protected commercial speech is advertising. True or False

Showing 300 - 400 of 436