Sport 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
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 direct of another (the principal)
agent
A party acting for and under the direction of another (the principal)
Americans with Disabilities Act
A 1990 law that has as its intent the prevention of discrimination against people with disabilities in employment, public services, transportation, public accommodations, and telecommunications services; it protects employees with disabilities at all stages of the employment relationship
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
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
Curt Flood Act
This act granted MLB 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 the 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
A 1963 law that prohibits an employer from paying one employee less than another on the basis of sex when the two are performing jobs of equal skill, effort, and responsibility and are working under similar conditions
equal protection
The 14th 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
Occurs when a defendant acts recklessly, when a person knows that the act is harmful but fails to realize it will product the extreme harm that results
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
mutual assent
A requirement by a valid contract involving an offer by one party and an acceptance by another
National Labor Relations Act
A 1935 law that establishes the procedures for union certification and decertification and sets forth the 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 and 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
1. The original amount that an organization borrows
2. 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 that parties sign after an injury occurs, by which a party gives up the right to sue later (usually in return for a 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 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 unprotectable mark
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 protected by the US and state constitutions
statues
Legislatively created laws codified in an act or a body of acts collected and arranged according to a particular theme or session of legislature
strict scrutiny
First standard of review in a discrimination case. Appies 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 statue 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
Provides a plaintiff with a cause of action to sue a superior for the negligent acts of a subordinate
waivers
A contract in which parties agree to give up their right to sue for negligence before participating in the activity for which they are waiving the right to sue