Antitrust Laws and Sports: Understanding the Regulations and Exceptions, Quizzes of Kinesiology

Download Antitrust Laws and Sports: Understanding the Regulations and Exceptions and more Quizzes Kinesiology in PDF only on Docsity! TERM 1 T or F: The Sherman Act prohibits concerted action that unreasonably restrains trade in a relevant market DEFINITION 1 TRUE TERM 2 T or F: Predatory or exclusionary conduct designed to enable an organisation to acquire or maintain monopoly power in a relevant market is permitted under the free trade exception to Section 2 of the Sherman Act DEFINITION 2 FALSE TERM 3 T or F:The law of private associations enables a court to review the actions of a private association when it has allegedly violated its own rules or when it has acted in an arbitrary and capricious manner that violates procedural fairness DEFINITION 3 TRUE TERM 4 What is the purpose of the antitrust law? DEFINITION 4 To promote and protect the operation of free market capitalism, with the resulting benefits to consumers of better products at lower prices TERM 5 Which tests do courts use when balancing the economically procompetitve effects of a rule against its economically anticompetitive effects? DEFINITION 5 Rule of reason analysis TERM 6 Constitution and bylaws of professional sports leagues allow commissioners to discipline in what areas? DEFINITION 6 Approval of player contracts Rule making Dispute resolution between player and club, between club and club, or between player or club and league. Disciplinary matters involving players, clubs, front office personnel, owners, and others. TERM 7 T or F: The IOC has exclusive ownership of all rights to the organisation, marketing, reproduction, and broadcasting of the olympic games DEFINITION 7 TRUE TERM 8 T or F: In general, NGBs and NOCs must comply with the regulations in the Olympic Charter, as well as the laws of their respective countries DEFINITION 8 TRUE TERM 9 T or F: In all CAS proceedings, parties may choose who will hear their case from a pool of CAS arbitrators, but they are not allowed to be represented by their own legal counsel. DEFINITION 9 FALSE-they are allowed to be represented by their own legal counsel. TERM 10 Which court does the IOC submit disputed decisions for final arbitration? DEFINITION 10 The Court of Arbitration for Sports TERM 21 What is the major difference between the NCAA's ability to drug test athletes and the individual university's ability to drug test athletes? DEFINITION 21 The NCAA drug-testing program is beyond the reach of the Constitution. Public universities who want to drug test as well ARE SUBJECT TO the CONSTITUTIONAL RESTRAINTS TERM 22 T or F: A breach of duty has occurred if a defendant has failed to meet the required standard of care in a particular case DEFINITION 22 TRUE TERM 23 The Act of God defense will be upheld when a foreseeable natural disaster results in injury to a plaintiff. DEFINITION 23 False-unforeseeable TERM 24 What are the four elements of negligence that a plaintiff must prove to go forward with the claim? DEFINITION 24 Duty Breach of duty Causation Damages TERM 25 What is the objective standard that courts have developed to assist in ascertaining whether a breach of duty has occurred? DEFINITION 25 Standard of care asks what the REASONABLY PRUDENT PERSON would have done in the same situation TERM 26 When a plaintiff understands and voluntarily agrees to accept the inherent risks of an activity. DEFINITION 26 Primary Assumption of Risk TERM 27 When a plaintiff deliberately chooses to encounter a known risk in an unreasonable manner. DEFINITION 27 Secondary Assumption of Risk TERM 28 T or F: The attractive nuisance doctrine applies when a child invitee is attracted to a manmade or artificial feature of the land. DEFINITION 28 TRUE TERM 29 T or F: One defense in a premises liability case is that the plaintiff encountered a danger that is open and obvious DEFINITION 29 TRUE TERM 30 In most jurisdictions, the duty owed by a facility owner or operator varies with the status of the person on the premises. What are the usual status distinctions? DEFINITION 30 Invitee -Business invitee:on premises with permission of landowner and brings some economic benefit to the landowner, eg if I pay an admission fee) Licensee (a person who is on the premises with the consent of the owner but who does not bring any economic benefit to the property owner. Eg if youre invited to a house for a party, you are a licensee) Trespasser (one who is on the premises without permission) TERM 31 In a premises liability case, the plaintiff will not prevail if the danger complained of is what? DEFINITION 31 Open and Obvious TERM 32 T or F: An exculpatory agreement is a contract in which a person who is legally at fault tries to excuse himself from fault DEFINITION 32 TRUE TERM 33 T or F: The area of exculpatory agreements is complex because courts are attempting to balance tort principles with principles related to constitutional law DEFINITION 33 FALSE- contract, not constitutional law TERM 34 What is the contract in which a person or entity that is legally at fault tries to excuse itself from fault? DEFINITION 34 An exculpatory agreement TERM 35 What are the two primary issues to address when ascertaining whether the context is appropriate for upholding a waiver? DEFINITION 35 1) Whether the person giving up the right to sue is a minor2) Public Policy Considerations TERM 46 T or F: Political speech and obscene speech receive the same level of protection under the First Amendment. DEFINITION 46 FALSE TERM 47 Which advertising practices does the FTC regulate? DEFINITION 47 Bait advertising, Bargain offers, comparative advertising TERM 48 Defamation claims are primarily concerned with what? DEFINITION 48 Are a concern for sports organisations in their interactions with media outlets, and for media outlets when reporting events .Protecting a person from false statements that are damaging to his or her reputation or that diminish the esteem, respect, good will or confidence in which a person is held, or that cause adverse, derogatory or unpleasant feelings or opinions against a person. TERM 49 Examples of league-wide rules that have been challenged under the antitrust law DEFINITION 49 Ownership rules that set eligibility criteria for acceptable types of owners Cross ownership Transfer of ownership Franchise relocation Restricting the supply of players (reserve clause) Restricting TV exposure and playing sites TERM 50 Producers of professional individual sports events often must share control with the players association or organized tour regarding such issues as... DEFINITION 50 Seleting officialsSchedulingEligibilty to participateSponsorship, adervtising and TV contracts-So basically, in other words, the producer doesnt have authority/ control of the entire event. They all have a collective input. TERM 51 T or F: In all CAS proceedings, parties may choose who will hear their case from the pool of CAS arbitrators, but they are not allowed to be represented by their own legal counsel. DEFINITION 51 FALSE, they are allowed to be represented by their own legal counsel. TERM 52 In which areas does the Amateur Sports Act conflict with the IOCs position? DEFINITION 52 Use of commercial trademarks andResolving eligibility disputes TERM 53 What are the limited exceptions courts have made regarding that there is no private right of action in the Amateur Sports Act to sue the USOC or NGBs? DEFINITION 53 Race discrimination Sex discrimination-If these occur then you can seek private action (sue on your own) TERM 54 In Brentwood Academy, the district court ruled that the high school athletics association failed to provide due process to the school by not doing what? DEFINITION 54 At the time of enforcement, all voting members of TSSAA were administrators in public schools. Also, jury heard evidence that TSSAA did not give Brentwood an opportunity to respond to the evidence that presented against them TERM 55 In the Tarkanian case, the Supreme Court reasoned that the NCAA did not control intercollegiate athletics due to what? DEFINITION 55 They didnt control because the relationship is voluntary Principle of institutional control The voluntary nature of the NCAAThe NCAA's principle of institutional control of athletics showed that member institutions had not delegated their authority to regulate athletics to the NCAA. TERM 56 What is an example of an internally imposed limit on the NCAAs authority to regulate intercollegiate athletics? DEFINITION 56 Article 2.1 of the NCAA Constitution. This provision establishes the NCAA position that member institutions must maintain control of and responsibility for their own programs, although such control must be in conformity of NCAA regulations. TERM 57 T or F: The Supreme Court ruled in Vernonia School District 47J v. Acton that a public high school could require its interscholastic football...Fourth Amendment rights. DEFINITION 57 False TERM 58 What did the court rule in the Knapp v. Northwestern University case? DEFINITION 58 It wasnt a disability because playing basketball wasnt a major life activity TERM 59 Student-athletes subjected to dress and/or grooming codes have sometimes succeeded in challenging their constitutionality under what? DEFINITION 59 The 1st and 14th Amendments Equal Protection Clause TERM 60 Female plaintiffs have successfully challenged country clubs policies that excluded them from clubhouses or restricted their playing opportunities under what? DEFINITION 60 State Public Accommodation Statutes TERM 71 T or F: Many cases exist in which criminal prosecutions have been brought against athletes who engage in violent behavior DEFINITION 71 FALSE TERM 72 Consent may be gauged by looking at what? DEFINITION 72 The nature of the sportRules of the sportAcceptable behaviourCulture of the SportParameters of permissible conduct TERM 73 Which tort involves using reasonable force to control, train, or educate a child? DEFINITION 73 Privilege (as a defence to battery) TERM 74 Which test helps courts establish intent in an intentional tort? DEFINITION 74 The courts use a test of whether a consequence of an act are substantially certain to occur TERM 75 T or F: A service mark is used to advertise and identify the source and quality of goods offered for sale to the public DEFINITION 75 False- it is a trademark TERM 76 T or F: A collective trademark is used to advertise and identify the source and quality of products and services offered for sale to the public. DEFINITION 76 FALSE TERM 77 The defence to trademark infringements that invokes 1st Amendment free speech DEFINITION 77 Parody TERM 78 What type of trademark consists of a word in common linguistic use, but neither suggests, identifies, nor explains the purpose, function, or use of the goods? DEFINITION 78 Arbitrary Marks. Eg Hersheys or Polo. They are actual words but dont sugets or describe an ingredient, quality or characteristic of the good or service. TERM 79 T or F: The only form of protected commercial speech is advertising DEFINITION 79 FALSE TERM 80 What must be present for a government restriction on commercial speech to not violate the First Amendment free speech clause? DEFINITION 80 Government restrictions of commercial speech must meet an intermediate level of constitutional scrutiny. (Must be a direct connection b/w the important goals of the regulation and the actual accomplishment of those goals) TERM 81 Type of advertising that contains expressions of opinion or exaggeration that is not made as a factual representation. DEFINITION 81 Sales Puffing TERM 82 Which activity has been questioned as involving illegal gambling? DEFINITION 82 Sweepstakes and contests