Legal Concepts in Sport : A Primer.

Format:

Book

Author/Creator:

Carpenter, Linda Jean.

Language:

English

Subjects (All):

Negligence.

Contracts.

Physical Description:

1 online resource (239 pages)

Edition:

4th ed.

Place of Publication:

Urbana : Sagamore Publishing, L.L.C., 2019.

Summary:

This book, 'Legal Concepts in Sport: A Primer,' provides an in-depth exploration of the legal principles pertinent to sports professionals. It is designed for educators, coaches, and administrators within sports programs, as well as students preparing for these roles. The book emphasizes a conceptual understanding of legal issues rather than rote learning of rules, allowing readers to apply legal concepts universally across different jurisdictions. It covers a wide range of topics, including negligence, contracts, property rights, and emerging issues such as sexual harassment and drug testing. Through practice scenarios and memory aids, the book aims to equip readers with the necessary knowledge to navigate legal challenges in sports environments effectively. Generated by AI.

Contents:

Cover

Title Page

Copyright Page

Table of Contents

Dedication

Appreciation

Introduction

The Book's Scope

How to Use the Book

About the Author

Chapter 1: Our Legal System: The Basics

What Is Law?

Relationships

Prohibited Behavior

Reasonableness of Behavior

Creation and Limitation of Freedom

Why Do We Have Laws?

Goodness

Fairness

Consistency

Enforcement

Compensation

Ownership

Where Does the Law Come From?

Distribution of Power via the Constitution

Congressional Power to Enact Laws

Executive Power to Regulate and Enforce

Executive Power to Order

Memory Testers

Memory Tester Discussion

Memory Testers-Short Answer

Additional Reading

Chapter 2: The Structure of Our Legal System: How It Works

INTERIM REVIEW

State Jurisdiction

Precedents

Mechanics of a Lawsuit

Elements

Standard of Certainty

Burden of Proof

Conceptual and Contextual Subdivisions in Law

Anatomy of a Case

What's in a Word?

Memory Tester-Short Answer

Chapter 3: The Concept of Legal Fault: "Who's to Blame?"

How Is the Decision Made in a Lawsuit?

Reasons for Assigning Legal Fault

Responsibility for Payment: "Why Should I Pay?"

Prevention and Punishment: "Should I Change My Ways?"

Capacity to Bear the Loss: "Can I Afford It?"

Administrative Convenience: "Is This the Easiest Way?"

Moral Aspects of Conduct: "Was I That Bad?"

Relationships Between Defendants: "Do I Bear Some Responsibility forAnother's Action?"

Chapter 4: The Concept of Legal Obligation: "Why Me?"

Relationships and Obligations

Relationships Defined by the Parties

Relationships Defined by the Law

Relationships Defined by a Mixture of the Parties and the Law.

Nature of the Role Being Played by the Person Owing a Duty

Nature of the Role Being Played by the Person to Whomthe Duty is Owed

How Do I Kno w What My Duties Are?

Material versus Nonmaterial Failure to Meet an Obligation

Imposition of Professional Standards

Policy/Standards Manuals

Practice Scenario

Duty in a Nutshell

Standard of Care: "How Good Do I Have to Be?"

Practice Scenarios

How About Looking Up a Few Cases?

How About Looking Up a Law Review Article?

Chapter 5: Negligence: "Oops!"

Action Versus Inaction

The Four Required Elements of Negligence

Duty

Breach

Cause

Harm

Challenge Review

Challenge Review Hints

Can You Be a Little Bit Negligent?

Can You Be Negligent Even If You Are Not Actively Involved?

Agency

Respondeat Superior

Can Your Words Make You Negligent?

Can You Be Negligent for the Acts of Unrelated Third Parties?

Variations on a Theme: Negligent Hiring, Retention, Supervision, and Referral

Negligent Hiring

Negligent Retention

Negligent Supervision

Negligent Referral

How Do You Avoid Being Negligent?

How About Looking Up Some Cases?

Chapter 6: Defusing Negligence Liability

Identification of Risks

Facilities and Equipment

Staffing

Participant Population

Policies and Procedures

Program Offerings

Evaluation of Risks

Management of Risks

Removing or Reducing Risks

Transferring Liability

Hold Harmless Laws

Releases

Waivers

Indemnification

Immunity

Good Samaritan Laws

Assumption of Risk

Comparative and Contributory Negligence

In A Nutshell: Transferring Liability

Practice Scenario.

How About Looking Up a Few Cases?

Chapter 7: Intentional Tort: "I Meant to Do That"

Intentional Tort: Defamation

Have You Defamed Someone Today?

Defamation of a Public Person

Defamation Per Se

Defenses to Claims of Defamation

CHALLENGE REVIEW FOR DEF AMATION

Common Misconceptions about Defamation

Memory Tester

Intentional Tort: Battery

Battery: Part of the Game or Violence?

Battery: Mistaken Target

Battery: By Agency

Defenses for Battery: Privileged, Self-Defense, or Revenge

A Note About Criminal Battery and Assault

Intentional Tort: False Imprisonment

Risk Management for Intentional Torts

How About Looking Up a Few Cases or Law Review Articles?

Chapter 8: Contracts: "Put It in Writing"

Elements of a Contract

Meeting of the Minds

Legal Subject

Offer and Acceptance

Is this an acceptance?

Consideration

Legal Capacity

Precise Terms

When Something Goes Wrong with a Contractual Relationship

I Want My Money Back!

Chapter 9: Contracts: Buying and Selling

Contracts for the Purchase of Goods

Implied Warranty of Merchantability

Implied Warranty of Fitness for a Particular Purpose

"Fine Print"

Products Liability

Licensed Logo Merchandise

Contract Risk Management in a Nutshell

How About Looking Up a Few Cases and Law Review Articles?

Chapter 10: Contracts for Personal Services: Hiring and Firing

Status of the Worker: Employee v. Independent Contractor

Status of the Worker: Workers Compensation Insurance

Status of the Worker: At-Will Employees

What Happens When It Doesn't Work Out?.

Status of the "Fired" Worker: Fired or Non-reappointed

Termination Clauses and Liquidated Damages

Restrictive Covenants and Behavioral Clauses

Related Issues

Intentional Interference with a Contractual Right

Renegotiation of Contracts

How About Looking Up a Few Cases and Law Reviews?

Chapter 11: Property Rights: "It's Mine"

Rights in Real Property

Landlord/Tenant

Elements: Constructive Eviction

PRACTICE SCENARIO

Duties

Duties of the Landlord

Duties of Tenant

Rental of School Sports Facilities

Rights in Creative Property

What Can Be Copyrighted?

What Cannot Be Copyrighted?

Copyright: First Sale Doctrine

How Can a Copyright Be Obtained?

Fair Use Doctrine

Risk Management and Property Rights

How About Reading a Few Cases, and Laws?

Chapter 12: Constitutional Protections: "I Have My Rights"

Evaluation Process Step 1: Is a State Actor Involved?

Evaluation Process Step 2: How Important Is the Right Being Violated, and How Important Is the Reason for Violating It?

Due Process and Equal Protection

Due Process

Equal Protection

Developing Middle/Intermediate Level of Scrutiny

Constitutional Rights Compared to Statutory Rights

Risk Management Regarding Constitutional Issues

Constitutional Issues in Practice

Race to Constitutionality

Chapter 13: Legal Concepts of Equity and Equality:"It's Not Fair"

Constitutional Imperatives for Equity

Statutory Imperatives for Equity

Title IX

Benefit vs. Dollars

Follow the Money: Source of Support

Participation Opportunities

Enforcement of Title IX

Title IX and Physical Education.

Apples to Apples: Comparing Team to Team OR Program to Program

Title IX and Employees: Judicial Economy

Title VII

Equal Pay Act

Section 504

Americans with Disabilities Act (ADA)

Physical Education Curricular Requirements for the Disabled Student

Sexual Harassment

A Note About Federal Anti-Discrimination Legislation

Other Federal Legislation of Current Interest on Ca mpus

Risk Management and Equity Issues

Chapter 14: Defusing Liability: Managing the Risks

Develop Proper, Prudent Procedures

Understand Legal Time Periods

In Conclusion

Chapter 15: Concepts in Context: Evaluating Current Issues

Interview Questions

Discussion

Prayer

Hazing

Bullying

Fan Misbehavior

Summer Camp Risk Management

Right to Participate

Amateur v. Professional: Licensing and Unionization

Transgendered Athletes

Clery Act

Family Educational Rights and Privacy Act (FERPA)

Appendix

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

9781571677372

1571677372

OCLC:

1223096632