When there are no material facts in dispute and a party is entitled to judgment as a matter of law, ___________ should be granted.

• Directed verdict
• Summary judgment
• Judgment on the pleadings
• Voluntary dismissal 

1 Which of the following is not a possible disposition of a case at the appellate court level?

• Reverse
• Remand
• Confirm
• Affirm

1. Which of the following is not an available remedy that may be awarded by a court in the event of a contract breach?

• Damages
• Injunction
• Specific performance
• Enjoinment
• Rescission

A ­­­­­________ injunction will remain in force until a trial is held to determine if a _______ injunction should be granted.

• Temporary; Preliminary
• Temporary; Permanent
• Permanent; Temporary
• Preliminary; Permanent
• Permanent; Preliminary

The purpose of a “force majeure” provision in a contract is:

• To excuse a party from non-performance due to certain conditions beyond the control of the party
• To prohibit one party to a contract from granting more favorable terms to a third party in more a similar contract
• To make the contract at-will
• None of the above

The _______ rule recognizes that if there is a written document that is intended to represent the entire contract between the parties, a party is not allowed to introduce evidence at trial that would change the terms of the contract

• Most Favored Nation
• Oral Evidence
• Parol Evidence
• Four Corners

As an exception to at-will employment contract, federal law does not prohibit an employer from terminating an employee for which of the following

• Age
• Race
• Sex
• Performance
• Physical impairments

Coach Jones was fired as head coach for Allstate University when he was arrested on his way back from the Netherlands (where marijuana is legal) for marijuana being found in his carry-on bag. The university was able to terminate his 5 year contract because it contained:

• An at-will provision
• A for-cause provision
• Do good clause
• Moral turpitude clause

Because the Baltimore Ravens received extremely favorable lease terms for its football stadium from the Maryland State Authority, the Baltimore Orioles were able to force arbitration and receive money for its Stadium Improvement Fund from the MSA because its contract contained

• A most favorable nations clause
• A most favorable term clause
• An equity clause

A coach’s contract will often provide that the contract may be terminated prior to the expiration of the term for cause. In this context, the term “cause” may include all of the following except:

• Poor performance by the team
• A breach of the contract
• Moral turpitude
• Criminal conduct
• Violation of NCAA or conference rules

Poor performance by the team

In Rooney v. Mike Tyson, the court determined the oral promise for Rooney to train Tyson for “as long as the boxer fights professionally”:

• Had a deration that was sufficiently ascertainable and was therefor a valid contract
• Was an invalid oral contract
• Could not be proven without parol evidence
• Was an at will contract that could be terminated for no cause

Which of the following statements is true regarding

• A scholarship is a contract but not an employee contract
• A scholarship is not a contract
• A scholarship is a contract and is an employee contract

Termination of a coach’s contract without cause before the expiration of the contract term will generally result in:

• Making the contract at will
• An injunction
• A monetary damage award to the coach for the remainder of the contract
• None of the above

Tickets to professional sporting events

• Are a contractual right of the ticket holder
• Are a revocable license remaining with the team
• An irrevocable benefit conferred to a ticket holder by the team

The theory of at-will employment protects all of the following except:

• Civil service employees
• Tenured teachers
• Statutorily protected groups
• Employees who have a contract with a specified term
• Student-athletes

In Kavanagh v. Trustees of Boston College, one player was punched by a player from the other team in a basketball game. The court found:

• The university was liable because the student who threw the punch was an agent of the school
• The university was not liable because the student who threw the punch was not an agent of the school
• The university was liable because the student who threw the punch was an agent of the school
• The university was liable because the student who threw the punch was an employee
• None of the above

College athletic scholarships are generally granted for:

• A one year renewable term
• A four year non revocable term
• A five year non revocable term
• None of the above

According to your text, the law called “The Sports Agents Responsibility and Trust Act”:

• Allows sports agents to sue student-athletes for breach of contract
• Allows states to file suit against sports agents
• Requires a warning in bold print to the student athlete on agent-athlete contracts
• None of the above

The Uniform Athletes Agent Act provides:

• That contracts with athletes used by an agent must contain information as to the fees paid to the agents
• Prohibits agents from giving things of value to an athlete during his college eligibility
• Requires the agent to give the college notice of a contract with a student athlete within 72 hours or before the students next game
• The contract may be cancelled by a student athlete within 14 days of execution
• All of the above

In interpreting how the Sherman Act applies to professional leagues, the courts have held that:

• Teams are separate, and are thus vulnerable to a section 1 violation
• Teams are one entity, and thus far vulnerable to a section 2 violation
• Teams are separate, and thus far vulnerable to a section 2 violation
• Teams are one entity and thus far vulnerable to a section 1 violation

A _________ clause in a professional athletes contract prohibits or restricts that player from contracting with another club without the consent of the players current team:

• Free agency
• Prohibition
• Reserve limitation

The introduction of free agency to professional sports has

• Increased the bargaining power of each teams ownership
• Leveled the playing field between players and owners by allowing players to shop their skills to the highest bidder
• Been prohibited in all four of the professional leagues
• Reduced the need for sports agents

Section 1 of the Sherman Act prohibits

• One person from obtaining a monopoly
• Two or more persons acting together to restrain trade
• Free agency
• None of the above

Section 2 of the Sherman Act prohibits

• One person from obtaining a monopoly
• Two or more persons acting together to restrain trade
• Free agency
• None of the above

 Most courts have held:

• Professional leagues constitute a violation of Section 1 of the Sherman Act only
• Professional leagues constitute a violation of Section 2 of the Sherman Act only
• Professional leagues constitute a violation of both Section 1 and 2 of the Sherman Act
• Professional leagues do not violate either section of the Sherman Act

A non-statutory exemption provides for:

• Strikes
• Lockouts
• Collective bargaining agreement to be exempt from anti-trust laws
• None of the above

If a collective bargaining agreement cannot be reached, the employees have the right to declare a _______.

• Impasse
• Lockout
• Stoppage
• Strike

Who is responsible for negotiating the salary of a player in the four main professional leagues

• Player and/or his agent
• Union for that respective league

According to labor law, it is mandatory for employers and employees to bargain over all of the following except:

• Wages
• Hours
• Strikes
• Working conditions

Which of the following is true about collective bargaining agreements as they relate to professional sports leagues

• CBA’s are only binding on the players who wish to be bound by them
• CBA’s are only binding on players who have a signed contract with a team within the respective league at the time the CBA is signed
• Courts have held that CBA’s are binding on all players within the unit, including those who were not in the union when the CBA was negotiated
• CBA’s are not binding on any party because they are against public policy

In 2005, the management in the ________ officially canceled the season for that league. This was the first time a major sports league lost an entire season due to a labor dispute.

• Major League Baseball
• National Football League
• National Basketball Association
• National Hockey League

Which of the following leagues has been impacted most by franchise movement?

• National Football League
• Major League Baseball
• National Hockey Association
• National Basketball Association

In the Federal Baseball Club of Baltimore Inc. v. National League of Professional Baseball case, where Baltimore alleged that the MLB conspired to monopolize baseball and destroy the Federal League, the United States Supreme Court ruled that

• The teams could declare a lockout
• The players could strike
• Professional baseball was exempt from antitrust laws
• None of the above

In the Curt Flood Act, congress deemed that the anti-trust exemption is not applicable to Major League Baseball’s _________

• Minor league system
• Employment of major league baseball players
• Relationship with umpire
• Draft

In the “Messersmith arbitration” hearing after players played their automatic renewal year under their old contracts, they wanted to change teams. As a result the players challenged the Reserve Clause. The arbitrator concluded that:

• The players strike was illegal
• The player contracts provided for successive renewals until an agreement was reached
• The reserve clause was per se unenforceable
• In order to be enforceable, the reserve clause must be expressly stated in the contract, which did not exist in the Messersmith arbitration.

The 1996 Collective Bargaining Agreement in Major League baseball provided for:

• Interleague play
• Three-man panels on some arbitration proceedings
• A luxury tax on teams with the highest salaries
• All of the above

Jeffery Lorio sold the Montreal Expos for $120M to the Baseball Expos, LP. This was the first time in MLB history that:

• A team was sold for such a big amount
• MLB and its owners actually owned a team
• A team was sold to a limited partnership
• The MLB player association facilitated a sale between teams

The 2002 Collective Bargaining Agreement in MLB provided the following to contraction of teams

• Two teams would be contracted in 2005
• One team would be contracted in 2005
• No contraction would occur until after 2006
• None of the above

The Mitchell Report was a 409 page report released in 2007 and related the usage of performance enhancing drugs in professional baseball. Which of the following changes to the MLB’s drug policy was not recommended in that report?

• When the league and the MLPBA begin negotiations again, they should be guided by modern standards
• MLB should investigate drug use beyond the urine test
• MLB should increase its efforts to educated players on the health dangers of steroid
• Violators should face a longer suspension without pay, thereby resulting in a decrease in annual salary

If a high school player is drafted in the MLB draft and does not enter the league, but instead enrolls in a four-year college, which of the following is true?

• He is immediately eligibly for the next MLB draft
• He will not be eligible for the draft again until his junior year or his 21^st birthday
• He will not be eligible for he draft again until he completes his college eligibility
• He is eligible for the draft at any time, as long as he did not hire an agent

In Powell, the court was faced with determining, among other things, the duration of a non-statutory exemption to anti-trust law. What did the appellate court ultimately conclude?

• The exemption applies as long as there is a labor relationship between the parties
• The exemption is not applicable after an impasse has been reached
• The exemption applies only as long as the collective bargaining agreement is enforceable
• The exemption applies indefinitely until a new agreement is reached

In the 1970’s, John Mackey filed a suit challenging the NFL’s “Rozelle Rule” under which the compensation to be paid for acquiring a player from another team was left entirely to the discretion of the NFL commissioner. The final cour ruling was

• The “Rozelle Rule” violated labor law
• The “Rozelle Rule” was legal
• The “Rozelle Rule” violated anti-trust laws under the rule-of-reason test
• None of the above

In the late 1980’s (and again in 2011), what tactic did the NFL players union take to avoid the NFL’s exemption from the anti-trust law?

• Decertified the union
• Went on strike
• Declared a lockout
• None of the above

One way an NFL team can avoid the salary cap is:

• Resign its players under the Larry Byrd rule
• Pay all rookies the minimum salary allowable
• Place players on the injured reserve list
• Pro-rate player bonuses over several years

In Carrett v. National Football League, Clarrett challenged the NFL’s rule that required a player to be three seasons removed from his high school graduation in order to be eligible for the NFL draft. Ultimately, what happened?

• The court ruled that the rule was an anti-trust violation
• The court enjoined the NFL from enforcing the rule
• The court ordered the parties to arbitrate the dispute
• The court upheld the NFL’s rule

The greates significance of the 1993 NFL collective bargaining agreement was:

• The contractual recognition of the non-statutory exemption
• The establishment and recognition of free agency
• A mandatory signing bonus for rookies
• A new formula to determine minimum salaries

The Larry Byrd Rule allows a team to exceed the salary cap by:

• Spending any amount to retain a veteran player that is all ready on the team
• Signing a college draftee to a one year contract for the minimum salary
• Replacing a players whose player contract has been assigned to an NBA team
• Replacing a retiree, a waived player, a holdout, or a player injured within 56 days of the first scheduled game at 50% of the salary last paid to the player being replaced

In the 1996 CBA, Basketball Related Revenue:

• Was expanded to include revenue from luxury suites, parking concessions, international television, and arena signage
• Was replaced as the method of determining the salary cap
• Both a and b
• Neither a nor b

The penalties levied against the Minnesota Timberwolves and Miami Heat when signing additional players before signing its own players displayed that:

• The Larry Byrd Rule is no longer applicable
• The timing of the implementation of the Larry Byrd Rule is critical
• The NBA was not serious about infractions of the salary cap
• Alonzo Mourning was not worth 112 million

The NBA previously had a rule that prohibited players from entering the league until four years after their high school graduation. That rule was challenged in Denver Rockets v. All Pro Management and Spencer Haywood wherein the court ruled:

• The player would not suffer any harm by the rule
• The college game would be irreparably injured if players were allowed to enter the NBA directly out of high school
• The affect of the provision was a group boycott on the part of the NBA against otherwise qualified players, and the rule was an arbitrary unreasonable restraint on the rights of players
• The court dismissed the case, stating that the player did not have standing to sue since he was not an NBA member

Which salary cap exemption allows a team to sign one player at the league average salary, even if over the salary cap?

• Early Bird Exemption
• Disabled Player Exemption
• Bi-Annual Exemption
• Mid-Level Exemption

Which of the following is not true regarding the NHL’s labor history?

• Prior to the NHL’s first CBA, the NHL’s reserve clause provided an original team with the rights to a player for the duration of his career
• The most significant issue affecting labor is the salary cap (or lack thereof)
• Between 1992 and 2005 the NHL experienced only one stoppage
• The NHL’s first CBA was formed in 1975

In 2005 the NHL’s CBA established a drug testing policy. Which of the following is not true regarding the policy?

• It was a first time drug program with respect to performance enhancing substances
• Each player is subject to 3 “no-notice” tests per year
• A first positive test will result in a mandatory 20 game suspension
• A third positive test will result in a permanent suspension

According to your text, how many Major League Baseball teams have relocated since the Washington Senators moved to Texas and became the Rangers?

• 1
• 3
• 5
• None of the above

After Al Davis applied for permission from the NFL to relocate his team to Los Angeles, the league denied Davis’ request. As a result, Davis sued the NFL and team owners. As discussed in class, the court ultimately concluded:

• The NFL’s stance was a violation of the Commerce Clause and thus the Raiders were allowed to move
• The NFL’s refusal to allow for relocation was based upon the Raiders contract with the NFL, and therefor the refusal was upheld
• The anti-trust exemption applied to professional football, and thus the relocation was not a violation of anti-trust laws
• The NFL’s stance was a violation of anti-trust laws and thus the Raiders were allowed to move

A bill that was introduced in congress entitled “Give Fans A Chance Act of 1997” if passed would have:

• Done away with the NFL’s anti-trust’s T.V exemption
• Required a team to give a community 180 day notice before relocation
• Divided the NFL into two separate leagues
• None of the above

After the _______, a team which consistently had sell out crowds, relocated to Baltimore, the NFL intervened and offered to place another franchise in that city by 1999.

• Cincinnati Bengals
• Oakland Raiders
• Cleveland Browns
• Jacksonville Jaguars

As discussed in class, a largely untapped fund for stadium construction is:

• A Hotel Tax
• Surcharge on tickets
• Public stock offerings
• None of the above

Private Seat Licenses refer to:

• Bond money used to finance a stadium
• A charge for the right to buy season tickets
• A loan from the NFL for stadium construction
• None of the above

In Crouch v. NASCAR, in which a driver alleged that NASCAR had improperly interpreted its own rules, the appellate court:

• Overturned NASCAR’s decision and declared LaJoie the winner of the race
• Ruled that the court will never look into the correctness of a tract officials decision or the procedures used to implement those decisions
• Ruled that in the absence of an allegation that NASCAR acted in bad faith or in violation of and local, state, or federal laws, the district court should have deferred the NASCAR’s interpretation of its own rules
• Found that NASCAR violated a federal law, and therefor reviewed the officials decision

Ruled that in the absence of an allegation that NASCAR acted in bad faith or in violation of and local, state, or federal laws, the district court should have deferred the NASCAR’s interpretation of its own rules

In 2004, Nextel became the title sponsor of the Sprint Cup, a series of NASCAR races. Which of the following is not true regarding that agreement between NASCAR and Sprint and subsequently litigation initiated by AT&T.

• As part of an exclusivity agreement, NASCAR agreed to prohibit other telecommunication companies from acquiring car sponsorships.
• To protect certain drivers and crew from losing funding, the parties agreed to grandfather in existing primary sponsors Cingular and Alltel.
• After the suit was filed by AT&T, and after the trial court rendered its decision, NASCAR and AT&T compromised and agreed that AT&T could remain as Jeff Burton’s primary sponsor through 2008.
• The appellate court concluded that AT&T could continue as Burton’s sponsor indefinitely

In PGA Tour Inc. v. Martin, the PGA did not want to allow Casey Martin to use a gold cart during tournaments, even though he suffered from Klippel-Trenaunay-Syndrome. The court found that:

• Allowing Martin to use a golf cart during the tournament would not give Martin an unfair advantage and a refusal to allow such an accommodation was a violation of the Americans with Disabilities Act.
• Title III of the Americans with Disabilities Act was inapplicable because Martin was not a “client or customer” of the PGA.
• Allowing Martin to ride on a golf cart during the tournaments would fundamentally alter the nature of the event
• Martin was an employee of the PGA and therefor Title I of the Americans with Disabilities Act was applicable

Which of the following is not true regarding the Olympics?

• The Olympics originally consisted of 5 events
• After a 1500 years absence, the Olympics were revived in 1863
• The Olympics has not been insulate from world disputes
• Steroid use had become an increasingly important issue for international sports, including the Olympics

One of the major issues addressed in the 2011 NFL collective bargaining agreement is:

• Owner professional behavior
• Player health and safety
• Stadium financing
• Franchise expansion

According to the sports litigation alert article. “Deadline for ADA compliance fast approaching for all golf courses” the compliance obligation under the new 2010 ADA standards apply, for the first time ever, to:

• Public and private courses
• Only public courses
• Ancillary golf course elements such as locker rooms, club houses, and restrooms
• Primary golf course elements such as tee boxes, passage of paths, and driving ranges

   

The initial purpose of the NCAA was to:

• Coordinate athletic schedules of teams
• Regulate number of athletic scholarships awarded by each member institution
• Oversee March Madness basketball tournament
• Make the game of football less dangerous

Which of the following is not a requirement that a school must meet in order to be considered a Division I FBS school?

• Must receive 1,000,000 dollars in annual revenue
• Must offer 16 sports, including football
• Must play at least 60% of football games against members of FBS and have at least 5 regular home games against FBS schools
• Must average at least 15,000 in home attendance once every two years (on a rolling basis

Under NCAA rules, a NCAA student-athlete is precluded in engaging in certain conduct. As discussed in class, which of the following will not affect an athlete’s eligibility

• Using athletic skills for pay
• Competing on a professional team, even if no pay was received
• Playing a professional sports and later representing an institution in a different sport
• Entering into an agreement with an agent

Jeremy Bloom represented the United States in the skiing competition in the 2002 Olympic Winter Games and also played football at Colorado University. The NCAA ruled:

• Bloom could accept endorsement money and participate in football
• Bloom could accept endorsement money and play football but not ski in the Olympics
• Bloom could not accept endorsement money if he wanted to maintain his college eligibility
• None of the above

If drafted by a professional sport team, underclassmen in NCAA baseball and hockey are not declared ineligible because:

• They are drafted without their participation
• The NCAA draft rules do not apply to them
• NFL and NHL rules preclude the NCAA from declaring baseball and hockey athletes ineligible
• None of the above

We discussed in class, several academic rules that the NCAA has enacted regarding student athletes. Which of the following is not one of those rules?

• To qualify as a freshman, student athletes must complete 16 core courses in high school
• To qualify as a freshman and maintain eligibility, a student athlete must maintain a certain g.p.a
• To maintain eligibility, a student athlete must meet certain progress goals towards a degree
• To maintain eligibility, a student athlete must take a certain group of classes at the university-level that is specified by the NCAA

Generally speaking, an NCAA student athlete who transfers must complete ___________ at his/her new school before he/she is eligible to compete in an NCAA sport

• One semester
• One year
• Two years
• Three semesters

As discussed in class, Gaines v. NCAA and Banks v. NCAA both involved a student athlete declaring for a professional draft while still having one year of eligibility remaining. After both athletes were not drafted, and after both were denied their final year of eligibility, they filed suit against the NCAA alleging that NCAA’s decision violated anti-trust law. In both cases the court held:

• The NCAA did not violate anti-trust law, but the athletes were eligible
• The NCAA did not violate anti-trust law, and the athletes were ineligible
• The NCAA violate anti-trust law, and the athletes were eligible
• The NCAA violated ant-trust law and the athletes were ineligible

Hill v. NCAA involved the issue of drug testing NCAA athletes. In that case, the court held that:

• The school had no right to drug test the students
• The drug test was unconstitutional
• The test was invalid
• The drug test did not violate the plaintiff’s constitutional right to privacy, and the NCAA’s drug testing policy was upheld

Law v. NCAA was the case involving paying a fourth coach in all sports other than football $12,000 during the academic year and $4,000 in the summer months for camps, etc. the court ruled that:

• “Restricted Earnings” rule was a violation of labor law
• “Amateur Status” rule was a violation of labor law
• “Restricted Earnings” rule was a violation of anti-trust law
• Rule was valid and enforceable as it was written

In analyzing claims under Title IX, courts have employed three different analyses to determine whether an institution is in compliance. Which of the following is not an analysis the courts have applied?

• Proportionality Test – Must demonstrate that the school provides athletic participation opportunities for female student athletes in number substantially proportionate to their enrollment in the overall student population
• History/Continued Effort – Must demonstrate a history and continued effort of program expansion for female student athletes
• Accommodation of Interest – Must demonstrate that the current athletic programs effectively accommodate the interest and abilities of the schools female student athletes
• Equality Test – Must demonstrate that the school provides athletic participation to an equal number of males and females

Courts most often rely on the following in determining whether an institution is in compliance with Title IX

• Proportionality Test – Must demonstrate that the school provides athletic participation opportunities for female student athletes in number substantially proportionate to their enrollment in the overall student population
• History/Continued Effort – Must demonstrate a history and continued effort of program expansion for female student athletes
• Accommodation of Interest – Must demonstrate that the current athletic programs effectively accommodate the interest and abilities of the schools female student athletes
• Equality Test – Must demonstrate that the school provides athletic participation to an equal number of males and females

Proportionality Test – Must demonstrate that the school provides athletic participation opportunities for female student athletes in number substantially proportionate to their enrollment in the overall student population

Title IX applies to

• Professional sports teams
• Female professional sports teams
• Organizations receiving federal funds
• All of the above

With respect to Title IX, the SEC has adopted a plan which provides that

• Each school must have an equal number of men’s and women’s scholarships
• Each school must have more female than male scholarships
• Each school must have two more women’s teams than men’s teams
• None of the above

In 1991, Brown University eliminated for of its athletic sports teams – two men’s teams, and two women’s teams. Subsequently, some members of the female teams that had been eliminated filed suit, alleging that the elimination was discriminatory. The court ruled:

• Brown was in compliance with Title IX because it was a leader in providing opportunities in sports for females
• Brown was in compliance with Title IX because it cut an equal number of male and female sports teams
• Brown was not in compliance with Title IX because it did not “fully and effectively” accommodate interested female athletes
• Brown was not in compliance with Title IX because it did not have any female sports programs at all

Title IX has had the following impact on employment opportunities for females in sports:

• The percentage of female employment has gone up
• The percentage of female employment has gone down
• Title IX had no affect
• None of the above

The ________ provides for registration of trademarks and service marks and creates federal cause of action for infringement of federally registered marks

• Stafford Act
• Sherman Act
• Intellectual Property Act
• Lanham Act

In order to obtain relief in a trademark action, the plaintiff must establish which of the following:

• Mark is distinctive
• Ownership
• Likelihood of confusion
• Both a and c
• All of the above

In Boston Athletic Association v. Sullivan, the plaintiff’s contested the defendants sale of t-shirts and other apparel that included designs that alleged to infringe on the plaintiff’s service marks. The court :

• Awarded damages of $1.2 million after a trial on the merits
• Granted summary judgment in favor of the plaintiff, holding that the purchasing public was likely to confuse the defendants t-shirts with those of the plaintiff’s
• Dismissed the case on procedural grounds
• Ruled that the defendants did not breach their duty

In the Board of Supervisors v. Smack Apparel Co. several universities and their licensing agent, Collegiate Licensing Company, sued an apparel company alleging that the defendants engaged in unfair competition by selling shirts bearing the distinctive colors used by the universities, along with other symbols that identify the universities. The court:

• Concluded that a color scheme may be protectable as a trademark if it identifies and distinguishes a particular brand
• Held that the goods sold by the defendant did not cause a likelihood of confusion and thus, they did not violate the plaintiff’s intellectual property right
• Held that, although the goods did not cause a likelihood of confusion, they did cause actual confusion, and thus they violated the plaintiff’s intellectual property rights
• Held that the defendants actions were protected under the theory of fair use

University of Georgia v. Laite involved the sale of “Battlin Bulldog Beer” which was sold in red and black cans with the logo of an English bulldog wearing a red sweater. The University of Georgia Athletic Association contested the mark, the appellate court:

• Affirmed the granting of an injunction in favor of the University of Georgia, holding that the beer was likely to confuse consumers
• Granted an injunction in favor of Laite
• Dismissed the case
• Recognized that the difference between the beer’s mark and the University of Georgia’s mark were not substantially similar and thus the beer was not likely to confuse consumers

According to your text “reverse confusion” refers to:

• A small company trying to exploit the mark of a large company
• A large company trying to exploit the mark of a small company
• Counterfeit goods
• None of the above

Nike Inc. v. “Just Did It” involved a dispute between Nike and the promoter of the “Just Did It” t-shirts. The appellate court:

• Granted an injunction in favor of the defendant
• Granted an injunction in favor of Nike
• Dismissed the case because there was no likelihood of confusion
• Ruled that the trial court should have considered parody as a valid defense

The right to control and profit from the use of one’s name and likeness is known as:

• A First Amendment right
• License
• Right of publicity
• An “interest in self” right

In Ali v. Playgirl, Muhammad Ali sued Playgirl magazine for its depiction of a black man seated in a corner of a boxing ring. The court

• Held that, because Ali publicly endorsed the magazine, the depiction did not violate trademark laws
• Held that, because Ali was a celebrity, he had no expectation of privacy
• Held that the magazine infringed upon Ali’s identity, but only because the photo also included Ali’s signature arm tattoo
• Held that, the magazine infringed upon Ali’s identity even though his name and picture were not included in the magazine

In Abdul-Jabbar v. General Motors Corp., Kareem Abdul-Jabbar sued General Motors for the use of his birth name, Lew Alcindor, in a commercial for its Eighty-Eight. Te court held that:

• Abdul-Jabbar had abandoned his birth name because he had not used it in more than 10 years
• Since “Lew: was a nickname, short for Ferdinand Lewis Alcindor, he had no right to the name
• An individuals given name has a life and significance apart from one’s being and use or nonuse does not dispel that significance
• General Motor’s could win under the “fair use” defense

In Montana v. San Jose Mercury News, Inc., Joe Montana sued that newspaper for using his likeness on posters to celebrate the Forty-Niner’s four Suerbowl Championships. The court held that:

• A matter of public interest is not restricted to current events but may be extended to the reproduction of past events
• San Jose Mercury News has misappropriated Joe Montana’s likeness in its posters
• The newspaper had a constitutional right to promote itself by reproducing its news stories to illustrate the quality and content of the periodical without the person’s consent
• All of the above
• Both a and c

In the cases regarding fantasy sports, the courts have consistently ruled that:

• Fantasy sports leagues must pay licensing fees to use the players names and statistics in order to protect the players rights of publicity
• The information used in fantasy leagues is owned by the leagues because it is not readily available in the public domain
• Use of the players names and records did not violate the players right of publicity and the fantasy leagues had a first amendment right to the use of information
• Fantasy leagues do not have to pay licensing fees to the NFL, but they must pay a fee to the MLB

Use of the players names and records did not violate the players right of publicity and the fantasy leagues had a first amendment right to the use of information

The Anticybersquatting Consumer Protection Act:

• Prohibits and individual from registering or using a web domain name that is identical to an existing trademark where the user has a bad faith intent to profit from the part
• Protects the name of all celebrities, even if they are unregistered
• Allowed Luis Zavala to keep 800 domain names, including Chris Bosh’s because they were unregistered
• Does not allow transfer of domain names, even if done without charge

A copyright

• Protects the original expression of ideas
• May be obtained by a person who creates a work in tangible form
• Entitles the owner to injunctive relief and actual damages for a violation
• All of the above
• None of the above

A patent

• Protects the expression of an idea, but not the idea itself
• Protects against disparaging, scandalous, or contemptuous use of an idea
• Is a grant from the federal government for the exclusive use of the invention, including a process
• Is used to indicate membership in a group

According to your text, “ambush marketing” refers to:

• Counterfeit trademark goods
• Violation of copyright protection
• Event exposure by a non-sponsor
• None of the above

Which of the following is not an element that must be proven to succeed in a negligence case?

• A duty was owed by the defendant to the plaintiff
• The defendant breached his duty to the plaintiff
• The plaintiff incurred damages
• The defendant intended to harm the plaintiff

In Diliger v. Moyles, a golf ball, hit by another golfer who failed to yell “fore” before the swing, struck the plaintiff. The court ruled that:

• Golf etiquette (requiring a player whose shot may endanger another to warn by yelling “fore”) did rise to the level of a duty owed by the defendant
• Primary assumption of the risk of getting hit by a stray golf ball completely barred recovery
• Both parties were at fault
• None of the above

Hackbart v. Cincinnati Bengals was a tort suit involving a professional football player who was severely injured when he was struck from behind by an opposing player. The appellate court ruled that:

• The emotional outburst of the Bengals player was a part of the game and dismissed the case
• Because general customs of football do not approve of the intentional punching/striking of another, the player’s actions were reckless harm
• Hackbart couldn’t make a claim under workers compensation because it was an exhibition game
• Assumption of risk barred recovery

McKichan v. St. Louis Hockey Club was a tort suit involving a hockey player who was injured when, after a whistle was blown stopping play, an opposing player smashed the plaintiff with his body and hockey stick, rendering him unconscious. The appellate court:

• Ruled that the Hockey Club was culpable for the injury on the theory of vicarious liability
• Ruled that his large salary compensates him for the fear he felt when taking the ice and that he assumed the risk of the injury
• Held that the employer did not provide him with a sufficient quality of protective equipment
• Only ruled against the opposing player

Krueger v. San Francisco Forty Niner’s involved a claim by an ex-player against the team for its failure to inform the player of the true nature and extent of his known injuries. The court:

• Ruled that the plaintiff was a well-educated person and that the San Francisco Forty-Niners did not owe him a duty
• Remanded the case to the trial court
• Granted a summary judgment
• Ruled that the teams conscious failure to inform a player that he risked a permanent injury to his knee by continuing to play was fraudulent concealment

Harvey v. Ouachita Parish School Board involved the high school football player who sustained a neck injury when the coaches continued to allow him to play after his “neck roll” had been destroyed. The court:

• Ruled that Harvey had assumed the risk of injury by playing a contact sport
• Ruled that the coaches were negligent in allowing Harvey to continue playing without a neck roll, as the responsibility for monitoring the safety needs of players was assigned to everyone on the staff, but exercised by no one
• Rejected an award for damages for loss of earnings capacity because the amount Harvey may have earned as a professional football player was too speculative
• Both b and c
• All of the above

In the case of James v. Jackson, During the physical education class, which was conducted by substitute art teacher, the students participated in a basketball game. The gymnasium was not air-conditioned and the temperature inside was at least ninety degrees during the class. After resting briefly, he collapsed and began having seizures.

• School did no enter into discriminatory conduct
• Breached duty to exercise reasonable care and supervision
• James and mother were partially liable

Reider v. McNeese State University

Exculpatory Provisions:

• Excuse the provider from legal liability for an injury to the participant
•  Referred to as a waiver of liability

Brentwood Academy v. Tennessee

• State nexus
• Treated as state action
• Assoc. could still engage in state action

Agreement to participate

Neeld v. American Hockey

Found that action was private and therefor not subject to constitutional scrutiny

Right to play

American with Disabilities Act expanded the:

Lambert v. West Virginia Board of Education

Washington v. Indiana H.S

Green v. New Orleans Saints

Rensing v. Indiana State University

Jones v. West Virginia

Indiana H.S Athletic Association v. Durham

Wheelchair location

Disparagement didn’t

“Who Dat”

• victoria secret pink college collection (sent to over 2 million women between the ages of 18 and 22)
• 1 of nine schools cobranded with disney for walmart
• 1 of 13 schools co branded with disney in theme parks
• hello kitty

• college vault
• class ring program
• houseware/personal accesories
• tech device accesories
• snuggie
• pillow pet
• fragrances
• home/recreation products
• furniture
• grills
• coolers
• collectibles

• Louisiana: 26 dollar annual fee, 25 goes to scholarship fund
• generated $405,990 in 2011
• over 2 billion in scholarships since 1992
• non revenue generating plates in TX and MS

• balfour: class rings
• upper deck: trading cards
• nike: coaches products, jerseys, etc.
• EA sports: NCAA Football

Which of the following is NOT true about the luxury tax under the new NBA CBA?

• Teams pay $1 for every $1 over
• There is no longer a luxury tax
• Repeat offenders pay an additional $1 per $1 over
• No more than 50% of funds collected by tax given to teams not violating

Under the new NBA CBA, when may a traded player resign with the team that traded him?

• Immediately
• One year following the trade
• After July 1^st after the last season of the player’s contract
• Two years following the trade
• The earlier of b and c

Which of the following is a factor in what a NHL player’s free agency is based on?

• Age
• Years in NHL
• Years in other leagues
• All of the above
• None of the above

Which professional sports league has been held by courts as a single entity?

• NBA
• NFL
• MLS
• MLB

According to Sports Litigation Alert article “Court Dismisses Super Bowl Seating Lawsuit, Leaves Door Open,” which of the following is true something something fans who were affected by the partial completion of temporary seating?

• Those people who were denied seats to the game
• Those people who had an obstructed view
• Those people who were displaced on delayed something something
• All of the above
• None of the above