Liability in Sport and Rec Midterm Flashcards

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Questions and Answers

How is law created?

By treaties

By constitution (correct)

By statutes (correct)

By court decisions (correct)

What is constitutional law?

Limitation on government authority that protects certain rights of citizens.

What does the First Amendment protect?

Freedom.

What does the Fourth Amendment protect?

The right of citizens to be free from unreasonable search and seizure. Signup and view all the answers

What is administrative law?

Agencies created to manage and enforce federal laws in specific areas. Signup and view all the answers

What is the function of the National Labor Relations Board (NLRB)?

Protect employee's rights to form unions and prevent/correct unfair labor practices. Signup and view all the answers

What is common law?

Law established by court decisions. Signup and view all the answers

What is binding precedent?

All courts in the same system at or below the court that issues a decision are bound by the decision. Signup and view all the answers

What is a case of first impression?

A court that does not have its own precedent to follow. Signup and view all the answers

What is persuasive precedent?

A decision of another court which is influential but not binding. Signup and view all the answers

Match the following court systems:

Typical State Court System = State Supreme Court, State Court of Appeals, Special Courts, District Courts, City Courts Federal Court System = U.S. Supreme Court, Court of Appeals, Administrative Agencies Signup and view all the answers

What is jurisdiction?

The authority of a court to hear and decide a case. Signup and view all the answers

What does jurisdiction depend on?

Parties involved, issue involved, dollar amount involved, where events took place. Signup and view all the answers

What is statutory law?

Laws developed and passed by legislative bodies. Signup and view all the answers

Who is a plaintiff?

One who begins a lawsuit. Signup and view all the answers

Who is a defendant?

An individual or group being sued or charged with a crime. Signup and view all the answers

What is a class action?

A procedure by which similarly situated litigants may be heard in a single lawsuit. Signup and view all the answers

What is the statute of limitations?

A federal or state statute setting the maximum time period to bring an action. Signup and view all the answers

When are motions requested?

By a plaintiff or defendant for the court to take an action in the case. Signup and view all the answers

What is a motion for summary judgment?

Facts in the case are undisputed; judge can decide without a trial. Signup and view all the answers

What are court decisions?

Affirmed, reversed, or remanded. Signup and view all the answers

What are the four sections of a case brief?

Facts of the case = Issues of the case The holding = The reasoning Signup and view all the answers

What is a tort?

A civil wrong for which the courts will provide a remedy in the form of damages. Signup and view all the answers

What are intentional torts?

Assault and battery, defamation are examples. Signup and view all the answers

What are unintentional torts?

Include negligence. Signup and view all the answers

What is negligence?

Conduct that falls below the legal standard for protecting others against unreasonable risk of harm. Signup and view all the answers

What are the four elements necessary to prove negligence?

<ol> <li>There is a duty. 2. Breach of duty. 3. There are injury or damages. 4. Proximate cause/causation.</li> </ol> Signup and view all the answers

What is duty in negligence?

The defendant must have a legal obligation to protect the plaintiff from unreasonable risk of harm. Signup and view all the answers

What is breach of duty?

The defendant fails to meet the legal standard of care. Signup and view all the answers

What are injury or damages in negligence?

There must be injuries or damages. Signup and view all the answers

What is proximate cause/causation?

The breach of duty must be the reason for the plaintiff's injuries or damages. Signup and view all the answers

Study Notes

Creation of Law

Law is created through various sources, including the Constitution (federal and state levels), statutes, court decisions (common law), and regulations from administrative agencies.

Constitutional Law

Constitutional law imposes limitations on government authority, safeguarding citizens' rights.

First Amendment

Guarantees freedoms concerning religion, expression, assembly, and the right to petition the government.

Fourth Amendment

Protects citizens from unreasonable searches and seizures, ensuring privacy rights.

Administrative Law

Administrative laws are developed by agencies tasked with managing and enforcing specific federal laws, with agency regulations holding the force of law.

National Labor Relations Board (NLRB)

A federal agency responsible for protecting employees' rights to unionize and addressing unfair labor practices by employers and unions in the private sector.

Common Law

Derived from court decisions, common law evolves based on judicial rulings over time.

Binding Precedent

Courts within the same system are obligated to follow decisions made by higher courts in that system, ensuring consistency in legal rulings.

Case of First Impression

Occurs when a court encounters a legal issue without existing precedent to guide its decision.

Persuasive Precedent

Judicial decisions from other jurisdictions that are influential but not obligatory for a court to follow.

Typical State Court System

Comprises a hierarchy including the state supreme court, court of appeals, and various special and district courts (family, traffic, criminal, civil).

Federal Court System

Includes the U.S. Supreme Court, court of appeals, and administrative agencies, with specialized jurisdiction.

Jurisdiction

Refers to a court's authority to hear and decide cases, influenced by the parties, issues, amount in controversy, and location of events.

Statutory Law

Created by legislative bodies, applicable only within their governed areas, and can lead to common law when courts interpret disagreements over such laws.

Plaintiff

The individual or entity that initiates legal proceedings in a lawsuit.

Defendant

The individual or group being accused or charged in a legal case.

Class Action

A legal procedure allowing a group of similarly situated litigants to collectively present their case in a single lawsuit.

Statute of Limitations

Establishes the maximum time frame within which a legal action must be initiated.

Motions

Requests made by a plaintiff or defendant for the court to perform a specific action concerning their case.

Motion for Summary Judgment

A legal request for a judge to decide the case based on undisputed facts, eliminating the necessity for a trial.

Court Decisions

Can be affirmed, reversed, or remanded, impacting the outcome and legal interpretation of cases.

Case Brief Components

A case brief typically encapsulates four segments: facts, issues, holding, and reasoning.

Tort Law

Refers to civil wrongs that warrant legal remedy through damages, distinct from criminal law.

Intentional Torts

Include actions such as assault, battery, and defamation where harm is purposefully inflicted.

Unintentional Torts

Primarily involve negligence, where harm results from a lack of reasonable care.

Negligence

Arises when conduct falls short of the legal standard for protecting others from unreasonable harm, encompassing both acts of commission and omission.

Elements of Negligence

Requires establishing:
- Duty owed to the plaintiff
- Breach of that duty
- Existence of injury or damages
- Proximate cause linking the breach to the injury

Duty

The legal obligation of the defendant to safeguard the plaintiff from unreasonable risk.

Breach of Duty

Occurs when the defendant fails to uphold the required legal standard of care.

Injury or Damages

Essential to prove that the plaintiff has suffered actual harm or damages.

Proximate Cause/Causation

The breach of duty directly results in the plaintiff's injuries or damages.

Inherent/Special Relationship

Duty emerges from the nature of the relationship, such as between a coach and athlete or health club and patrons.

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Description

Prepare for your midterm on liability in sport and recreation with these flashcards. This quiz covers essential legal concepts, including the creation of law, constitutional law, and amendments protecting citizen rights. Test your knowledge and ensure you're ready for the exam.