Questions and Answers of Sport Law A Managerial Approach

What is the most common risk transfer method?a. Insuranceb. Using an independent contractorc. Using waiversd. Using indemnification clauses
Sometimes employees attempt to bring defamation claims against employers who disclose unfavorable information about them. However, employers have a(n) __________ to disclose pertinent information in
The exception to the rule of nonliability for the actions of an independent contractor is based on the theory of _____.a. Negligent supervisionb. Negligent oversightc. Vicarious liabilityd. Negligent
Next to the court’s holding, what is the most important information in a case opinion?a. Summary of the factsb. Citation informationc. Case briefd. Rationale of the court
Liquidated damages provisions are used when parties are not able to ascertain the exact damages attributable to a breach. True or False
__________ should be used only if the exposure to risk greatly outweighs the benefits of retaining that activity or operation.a. Insuranceb. Risk eliminationc. Risk controld. Risk transfer
Courts will generally afford great deference to the interpretation of regulations rendered by the agency responsible for promulgating and enforcing those regulations.
Which of the following is the prime factor that courts look at when ascertaining whether a party is an independent contractor?a. The amount of money paid to the partyb. The degree of control exerted
Risk elimination is the method most commonly adopted to cope with risks. True or False
Courts will not uphold penalty provisions in a contract. True or False
Many states have passed __________ statues providing that employees who report illegal activities allegedly committed by their employer shall not be subject to discrimination or retaliation by the
When there are no genuine issues of material fact and the judge is able to apply existing law to the undisputed facts, she may grant a motion for summary judgment.
The body of case law that has developed over time as court decisions have been rendered and relied upon is known as which of the following?a. Common lawb. Canonical lawc. Code of Federal
Risk evaluation involves the use of methods to transfer risks of financial loss to another party. True or False
What should effective training programs do?a. Explain how the preventive law process enhances organizational core valuesb. Focus only on the administrative personnel in an organizationc. Help
Which of the following is the practice in which employment has no specified duration and the employer may fire the employee at any time, for any reason or for no reason?a. An illegal employment
Which of the following is the underlying question with regard to negligent retention?a. Did a manager hire an incompetent employee?b. Did an employee commit a tort within the scope of employment?c.
Which of the following possess the authority to interpret a constitution?a. Legislaturesb. Courtsc. Administrative agenciesd. All of the above
Specific performance is often used as a remedy in personal services contracts. True or False
__________ means that your organization chooses to bear the financial consequences of an activity.a. Risk retentionb. Risk controlc. Risk eliminationd. Risk transfer
A lawyer’s job is to analogize his or her current case to existing precedent if that precedent is unfavorable to the client’s position.
In some cases, an employee’s intentional tort may be considered to be within the scope of employment because the employer has:a. Ratified or condoned the employee’s propensity to engage in
Risk control involves the actual reduction of risk. True or False
A nonbreaching party must act reasonably to lessen the consequences of the breach, according to the principle of mitigation of damages. True or False
Which clause restricts the ability of the employee to terminate the employment contract early or to take a comparable job with a competitor elsewhere?a. Liquidated damagesb. Promissory estoppelc.
Persuasive precedent means that a trial-level court in Idaho is bound to follow the case law precedent established by the Supreme Court of Washington because the Washington court is a higher level
Courts rely on time-honored maxims for interpreting statutes; what are these maxims known as?a. Canons of statutory constructionb. Rules of legal ethicsc. Statutory precedentsd. Liturgies
The basic issue with negligent hiring is whether a manager did which of the following?a. Acted as a reasonably prudent manager in choosing an employeeb. Was vicariously liable for choosing an
What does risk assessment help you determine?a. Whether you have adequate liability insuranceb. The frequency of occurrence of risks and the magnitude of the risksc. Whether your employees understand
Risk transfer means that your organization chooses to bear the financial consequences of an activity. True or False
The law is only the starting point for having an ethical organization. True or False
In most contract cases, a nonbreaching party may be compensated for the loss of the bargain through punitive damages. True or False
Which of the following is an example of an employer terminating an employment contract after an employee has breached that contract by engaging in behavior that violates the standards of job
When the United States Supreme Court denies certiorari for an appeal from a U.S. Circuit Court decision, this means that the justices agree with the decision of that circuit court and are giving it
When may a judge grant a preliminary injunction?a. When the plaintiff has a substantial likelihood of prevailing on the merits of the case and would suffer irreparable harm if the injunction was not
Risk assessment deals with the determining the probability that particular risks will result in claims and the magnitude of the potential liability arising from those claims. True or False
Your organization’s preventive law plan should be:a. Focused on expending as few resources as possibleb. Congruent with your organization’s core valuesc. Used to make your organization more
The general rule of respondeat superior provides that an employer will be responsible for the acts of the employee so long as the acts are done _____.a. Within the discretion of the employeeb.
All commentators agree that there is no such legal theory as “sport law.” True or False
The “open door” philosophy of our legal system sometimes leads to an abuse of the system. True or False
List three ways in which an employee may violate the morals clause of an employment contract.
In a coaching contract, a coach may often be compensated beyond base salary with additional benefits. This added compensation is known as __________.a. Perquisites (perks)b. Liquidated damagesc. Just
The Statute of Oral Contracts requires that certain types of contracts be in writing in order to be enforceable. True or False
What is the burden of proof in a civil case, usually?a. Beyond a reasonable doubtb. By a preponderance of the evidencec. By clear and convincing evidenced. By absence of malice
Assume the Supreme Court of Washington State has made the following decisions:1984: No discrimination against yellows 1989: No discrimination against blues 1992: OK to discriminate against squares
The traditional view of risk management is often confined to risks related to a personal injury lawsuit or property damage claim. True or False
_____________ shifts the possible financial loss to another party.a. Risk retentionb. Risk transferc. Risk controld. Risk elimination
List and briefly describe the four possible strategies to cope with risks.
The role of the courts is to decide legal controversies by interpreting constitutions, statutes, and common law precedent.
Which of the following are advantages of a common law system founded on the principle of following precedent?a. Uniformity in the law and social stabilityb. Predictability of legal decision making,
You may have an enforceable contract if there is no consideration. True or False
Whenever you begin to draft a contract or start a negotiation, you should take the perspective of which of the following?a. The integrated wholeb. The worst case scenarioc. The best case scenariod.
The approach to risk identification should be:a. Focused only on personal injury risksb. Focused only on property damage issuesc. Holisticd. Piecemeal
List the three elements of promissory estoppel.
List the four key elements of implementing a preventive law plan.
The approach of this text is “managerial law,” which links legal theory to business functions. True or False
The first step in the preventive law process is to engage in risk evaluation. True or False
Give three examples of types of contracts that must be in writing according to the Statute of Frauds.
Why might the doctrine of vicarious liability impose liability on an employer for the actions of its employees?a. The employer has engaged in some wrongdoing.b. The employer receives the benefits of
Minority is an example of lack of capacity to enter into a contract. True or False
The formation of a contract has which of these four fundamental aspects?a. Offer, consideration, capacity, and authorityb. Acceptance, capacity, authority, and integrationc. Offer, rescission,
Once a higher court makes a decision, a lower court in that same jurisdiction must thereafter follow the rule of law established by the higher court because it has become binding precedent.
An appellate court has options in deciding on an appealed case. They can do which of the following?a. Reverse the lower court’s decisionb. Affirm the lower court’s decisionc. Remand the
Adopting a “preventive law” view encompasses a broader view of all risks that could affect an institution. True or False
Give three examples of methods your organization could use to transfer risk.
_________ is the key aspect of the preventive law plan since it involves the actual reduction of risk.a. Risk controlb. Risk retentionc. Risk evaluationd. Risk assessment
Most courts have consistently held that the relationship between a university and its athletes is one of _____.a. Employer-employeeb. Not employer-employeec. Principal-agentd. No relationship exists
We should use knowledge of the law not only to try and prevent litigation but to make our organizations safer and more hospitable environments. True or False
The creative work of an employee is presumed to be a work for hire unless the employee has an express agreement reserving his or her copyright rights. True or False
“Hazing” is easily defined. True or False
Congress extended trademark protection to the word “Olympic” with the United States Olympic Protection Act (USOPA). True or False
Before a trademark is protected under the Trademark Dilution Act, it must have acquired secondary meaning. True or False
To determine whether an individual is a public figure because she has voluntarily thrust herself into a public controversy, what three-prong test was used by the court in Woy v. Turner; and how did
An example of a generic mark would be “Coke.” True or False
A trade name is any name used to identify one’s business or vocation. True or False
The tort of battery always involves which of the following?a. Harmful or offensive touchingb. Menacing behavior but no touchingc. Violent contactd. Offensive language
Those who teach or coach in an educational environment may be able to use the defense of ________, which involves using reasonable force to control, train, or educate a
How can prima facie evidence of abandonment of a trademark be shown?a. Permissive use for two yearsb. Inexcusable non-usec. Non-use for three consecutive yearsd. Intermittent use for five years
What are the elements of a right of publicity claim?
Compare and contrast the concepts of actual notice and constructive notice.Give an example of each.
What is the difference between the traditional concept of risk management and preventive law?
Using the key words “risk management” or “preventive law,” conduct an Internet search to find policies and procedures of various sport organizations. Have the organizations adopted a holistic
Assume that you have just been hired as the general manager of a minor league baseball team. Numerous lawsuits have been brought against the team in the past, ranging from personal injury claims to
What are the five steps of the preventive law process? Discuss each.
Why is the concept of risk control at the heart of the preventive law process?
Discuss the aspects of designing a prevention plan.
Explain the necessity for an ongoing plan to address risk in an organization.
Using LEXIS-NEXIS or a similar online database, find a case on a sport law topic assigned by your professor and write a case brief summarizing it.
Consider the following list of imaginary binding case precedents in your jurisdiction.Use it to analogize or distinguish the “cases” listed below.1999—Discrimination against reds is not
When the higher court in a given jurisdiction declines to hear an appeal, how does that affect the decision rendered at the level below?
Consider the following sample statute:NO VEHICLES ALLOWED IN CITY PARKS. (Pullburg City Ordinance 1234.5(6)(a))What is the plain meaning of this statute?Does it apply to Tonka dump trucks? Bicycles?
Repeat the steps, but make the following substitutions:Case A: You feel you have been discriminated against because you are purple. How would your lawyer argue your case? What would the opposing
In your own words, explain the difference between a motion for summary judgment and a motion to dismiss for failure to state a claim. What precedential value do decisions on these motions have?
On the website of the National Center for State Courts (www.ncsc.org), find information on the state court structure and hierarchy for the state in which you reside.
In your own words, explain the difference between binding precedent and persuasive precedent.
What are the pros and cons of a common law legal system founded on the principles of stare decisis and binding precedent?
What is the difference between mediation and binding arbitration? Why might parties in a dispute choose alternative dispute resolution instead of litigating in court?
What is the difference between primary and secondary legal resources?
How would a manager faced with a potential legal problem benefit from conducting some legal research and reading some relevant cases?
What are the benefits of using a worst case scenario approach in drafting contracts?

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