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| conduct research to find legal precedent |
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| a phrase found in a case that mens the court disagrees with an earlier cour's opinion and the case is sent back to the trial court for another trial |
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| information or evidence obtained for a case in wirtten form |
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| information or evidence obtained for a case in verbal form |
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| when a party prevails because there is no genuine issue of material fact and therefore the party is entitled to judgement as a matter of law |
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| laws embodied in either the federal or state constitution |
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| time between the filing of a complaint and the start of the actual trial |
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| Provide an example of primary legal resources and a secondary resource. |
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Primary - court decisions
secondary - textbooks |
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| entry level court in the US federal court system |
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| In which court would a case most likely be tried if you had people and/or organizations from different states? |
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| The standard of proof required in a civil case is... |
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| An example of diversity jurisdiction |
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| plaintiff is a resident of California and defendant corporation is incorporated in Delaware |
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| Example of a breach of duty resulting in a finding of negligence |
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a. an act where a dendant fails to conform to standard of reasonable care
b. a failure to act (an omission) that results in a failure to conform to a standard of reasonable care |
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| What is the appropriate order of the elements of negligence? |
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| Standard of care (duty), breach of duty, causation, injury |
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| What agency that may help determine the standard of care in a case involving a movable soccer goal? |
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| Consumer Product Safety Commission CPSC |
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| Example of express assumption of risk. |
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| Speaking about safety precaustions to a group of sport participants before a practice |
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| lying about the quaility of a product |
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| ex. injury to a participant that involves a product such as football helment where the helmet was defecteive |
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| offensive, nonconsesnual, unprivialged toaching by another person |
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| Intential infliction of emotional distress |
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| a. person suffers severe emotional distress due to the acts of another and the onduct of the plaintiff is extreme and outrageous |
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| written or oral statement about quality |
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| invasion of privacy by appropriation |
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| using a picture with permission |
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| tresspass to personal property |
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| liability reguardless of fault |
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| used in risk management where no action is taken to treat the risk |
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a. coaches should be be certified in CPR and first aid
b. coaches should have communication devices on the iled during practices and games
c. coaches should have qualified trainers present when feasible |
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| the process of reducing or eliminating the risk of injury and liability associates with recreational facilities or services |
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| Name four types of action that can be taken in which an identiied risk must be addressed |
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| retention, treatment, transfer, avoidance |
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| provides guidelines or lightning safty |
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| What 30 minites to resume outdoor activities after lightning |
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| safety guidelines for movable soccer goals |
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| acting on behalf of the principal and benefits them |
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| The parties to an agency relationship |
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| principal, agent, thrid party |
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| Roles of An Athlete Agent |
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Definition
a. negotiating employment agreements
b. negotiating concession agreements
c. estate and financial planning |
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| written or oral agreement set forth between a principal and an agent |
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| duties the principal owe to the agent |
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| reimbursement and compensation |
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| when an agent acts without the authority of the principal, the principalcan still agree to what the agent has set up |
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| example of apparent authority |
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| an agent does not have express or implied authority to do an act but a third party reasonably believes the agent has such authority |
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| the agent must act solely and completely for the benfit of the principal |
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| standard representation agreement |
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| document that pro athletes usnions require agents to enterinto with any players that they represent |
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| what violates an agent's fiduciary duty of loyalty |
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Definition
a. the agent taking a substantial sum of money from a third party
b. the agent working for the principal |
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| legal doctrine that holds people and organizations high in the chain of command (principals) liable for the negligent acts of those lower in the chain of command (agents). |
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a. prohibit student athletes rom making agreements with agents
b. prohibit student athletes from getting transportaion paid by agents |
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| Uniform Athlete Agent Act |
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Definition
a. you may lose your eligibility to comppete as a student athelt in your sport
b. i you have an AD, with in 72 hours after entering into this contract both and your agent must notiy your AD
c. you may cancel this conatract with ing 14 days after signing it. |
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| reqires every agent agreement to note that the athlete loses NCAA eligibility if that student signs a contract with an agent |
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| regulations of athlete agents |
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| uniform athlete agents act SPARTA players unions |
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| types of contracts that SA's enter into with the university |
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| not valid if a person is a minor |
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| offer, acceptance, consolations |
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| only one party makes a promise |
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| both parties make a promise |
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| collective bargaining agreement |
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| written agreement between employees and employers that provides the exact terms and conditions of the employment relationship between the parties |
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Definition
| stops wither party from looking to earlier statements that would contradict what is in the actual contract |
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