Intro to Sports Management Chapter 5 Vocab

Administrative Law
The body of law created by rules, regulations, orders, and decisions of administrative bodies.
Age Discrimination in Employment Act (ADEA)
A 1967 law that prohibits employment discrimination on the basis of age.
Agency
A relationship in which one party (the agent) agrees to act for and under the direction of another (the principal).
Agent
A party acting for and under the direction of another (the principal).
Americans with Disabilities Act (ADA)
A 1990 law that has as its intent the prevention of discrimination against people with
Ambush Marketing
A strategy that involves placement of marketing material and promotions at an event that attracts consumer and media attention, without becoming an official sponsor of that event.
Antitrust Law
The body of state and federal law designed to protect trade and commerce from unlawful restraint, monopolies, price fixing, and price discrimination.
Bona Fide Occupational Qualification (BFOQ)
An employment qualification that, although it may discriminate against a protected class (i.e., sex, religion, or national origin), relates to an essential job duty and is considered reasonably necessary for the normal operation of a business or organization and therefore not illegal.
Breach
The breaking of a promise in a contract.
Capacity
The ability to understand the nature and effects of one’s actions; generally, individuals over the age of 18 possess capacity.
Collective Bargaining Agreement (CBA)
A legal agreement between an employer and a labor union that regulates the hours, wages, and terms and conditions of employment.
Considiration
The inducement to a contract represented by something of value, such as money, property, or an intangible quality.
Constitutional Law
The body of law developed from precedents established by courts applying the language of the U.S Constitution and state constitutions to the actions and policies of governmental entities.
Contract
A written or oral agreement between two or more parties that creates a legal obligation to fulfill the promises made by the agreement.
Curt Flood Act
This Act granted major league baseball players, but not minor leaguers, the legal right to sue their employers under the Sherman Act. It confirmed that baseball’s exemption from federal antitrust laws applies to business areas including the minor leagues; the minor league player reserve clause; the amateur draft; franchise expansion, location or relocation; franchise ownership issues; marketing and sales of entertainment product of baseball; and licensed properties.
Defendant
The person or organization against whom a lawsuit is brought.
Disaffirm
To opt out of a contract.
Due Process
The right to notice and a hearing before life, liberty, or property may be taken away.
Duty of Care
A legal obligation that a person acts toward another as a reasonable person would in the circumstances. This duty arises from one’s relationship to another, a voluntary assumption of the duty of care, or from a duty mandated by law.
Equal Pay Act (EPA)
A 1963 law that prohibits an employer from paying one employee less than another on the basis of sex when the two are preforming jobs of equal skill, effort, and responsibility and are working under similar conditions.
Equal Protection
The Fourteenth Amendment guarantee that no person or class of persons shall be denied the protection of the laws that is enjoyed by other persons or other classes in like circumstances in their enjoyment of personal rights and the prevention and redress of wrongs.
Fiduciary Duties
Obligation to act in the best interest of another party.
Gross Negligence
Conduct that constitutes a willful or reckless disregard for a duty or standard of care. Defendant must have disregarded a very substantial danger of serious bodily harm or death to another. Defendant’s use of objects such as firearms, which are inherently dangerous, will tend to support gross negligence.
Independent Contractor
A worker who is not under the employer’s supervision and control.
Injunction
An order from a court to do or not to do a particular action.
Intellectual Property
Refers to creations of the mind.
Invasion of Privacy
An unjustified intrusion into one’s personal activity or an unjustified exploitation of one’s personality.
Judicial Review
Evaluation by a court that occurs when a plaintiff challenges a rule, regulation, or decision.
Labor Exemption
An exception that states that terms agreed to in a collective bargaining agreement are immune from antitrust scrutiny during the term of the agreement.
Lanham Act
A federal law that governs trademarks and service marks and gives protection to the owner of a name or logo.
Legality
Concept that the subject matter of a contract cannot violate laws or public policy.
Legitimate Interest
Refers to a reason for upholding the use of separate-gender teams.
National Labor Relations Act (NLRA)
A 1935 law that establishes the procedures for union certification and decertification and sets forth rights and obligations of union and management once a union is in place.
Negligence
An unintentional tort that occurs when a person or organization commits an act or omission that causes injury to a person to whom he, she, or it owes a duty of care.
Plaintiff
The person or organization that initiates a lawsuit.
Principal
One who authorizes another to act on his or her behalf as an agent.
Public Policy
Pertains to a service important to the public.
Rational Basis
Lowest standard of review in a discrimination case and focuses on any basis other than race, religion, national origin, or gender. Examples include economic or social background, sexual orientation, physical or mental disability, or athletic team membership.
Release of Liability
Contract the parties sign after an injury occurs, by which a party gives up the right to sue later (usually in return for financial settlement).
Risk Management
Protecting a business or organization from anything that could possibly go wrong and lead to a loss of revenues or customers; developing a management a strategy to prevent legal disputes from arising and to deal with them if they do occur.
Secondary Meaning
Refers to the protection afforded geographic or descriptive terms in a product that a producer has used through advertising and media to lead the public to identify the producer or that product with the trade or service mark, thus permitting the user to protect an otherwise unprotected mark.
Service Mark
A word, name, or symbol used to identify the source of an intangible service.
Single Entity
Meaning one person, place, thing, business, and so on.
Sport Law
The application of existing laws to the sport setting.
State Actor
A private entity that is so enmeshed with a public entity that the private entity is considered a governmental one for purposes of subjecting the private entity to the rights by the United States and state constitutions.
Statutes
Legislatively created laws codified in an act or a body of acts collected and arranged according to a particular theme or session of legislature.
Strick Scrutiny
First standard of review in a discrimination case. Applies where one discriminates on the basis of race, religion, or national origin.
Title VII
A statute that specifically prohibits any employment decision, practice, or policy that treats individuals unequally due to race, color, national origin, sex, or religion; it covers employers with 15 or more employees.
Title IX
A comprehensive statute aimed at eliminating sex discrimination in any educational program or activity that receives federal funding.
Tort
An injury or wrong suffered as the result of another’s improper conduct.
Trademark
A word, name, or symbol used by a manufacturer or merchant to identify and distinguish its goods from those manufactured and sold by others.
Unreasonable Searches and Seizures
Searches and seizures conducted without probable cause or other considerations that would make them legally permissible.
Vicarious Liability
one party may be responsible for negligent activities of another party; e.g. bar owners liable for actions of customers to whom they have served too much alcohol
Waivers
A contract in which parties agree to give up their right to sue for negligence before participating on the activity for which they are waiving the right to sue.