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Sport Marketing
Midterm
48
Marketing
Graduate
10/16/2009

Additional Marketing Flashcards

 


 

Cards

Term
Legislative v. Executive v. Judicial Branches of government in terms of law
Definition
Legislative: Make Laws/Amend Old Laws
Executive: agency regulations, enforce existing laws
Judicial: interpret constitution other existing laws
Term
Functions of the US Court System (3 areas)
AIR
Definition
Administer state and national laws
Interpret intent of law when deciding a case
Resolve disputes among parties
Term
Writ of Certiorari
Definition
Appeal to lower courts for information regarding a case after a supreme court decision; the last attempt at appeal for a case
Term
stare decisis
Definition
Means: "Let the decision stand"
In common law, abide by decided cases; can't change cases that have already been through the process, so we base new cases on old cases
Term
Precedent
Definition
a rule established in an earlier case that is to be followed by a court of the same or lower rank in a subsequent case presenting the same legal problem
Term
injunction-specific performance
Definition
a court order for a person to do or refrain from doing certain acts
Term
summary judgment
Definition
a decision by a court without a full trial based on previous cases; can lead to settlements
Term
Types of Monetary Judgments (4) CCAP
Definition
Compensatory: to replace losses: wages, etc.
Consequential: damages from pain/suffering
Punitive: punishment for willful behavior
Attorney Fees: rarely granted ex in civil rights cases
Term
Arbitration
Definition
a third party decision of a case where sides are presented and both sides agree that the decision of the third party is binding (form of ADR)
Term
Tort Law
Definition
civil or wrongful act, whether intentional or accidental from which injury occurs to another
Term
4 elements of Negligence
Definition
Duty of Care, Act to breach the duty, Proximate Cause, Damage or harm done
Term
3 origins for legal duty
Definition
Inherent relationship, voluntary assumption of duty, duty mandated by statute
Term
Causation (element of negligence)
Definition
Must be reasonably close connection between conduct and the resulting injury: use "but for" test
Term
4 types of Damage
Definition
Economic Loss, Physical Pain and Suffering, Emotional Distress, Physical Impairment (permanent damage)
Term
Respondant Superior/Vicarious Liability
Definition
Employers held liable for employees, except for ultra vires act, where an employee acted out of the scope of their employment
Term
contributory negligence
Definition
If you contributed to your negligence you cannot have a claim of negligence against the defendant
Term
primary v. secondary assumption of risk
Definition
Primary: the plaintiff has either expressly or impliedly relieved the defendant of the duty to mitigate or relieve the risk causing the injury from which the cause of action arises.
Secondary: the defendant does owe a duty of care to the plaintiff, but the plaintiff proceeds to encounter a known risk imposed by the defendant's breach of duty—the doctrine is merged into the comparative fault
Term
3 ways to prove breach of duty
Definition
1. Direct evidence of negligence
2. Violation of a statute
3. Res ipsa loquitur-the thing speaks for itself ex. elevator malfunction
Term
3 sources of legal duty
Definition
Special relationship in situation (player to coach)
Voluntary Assumption of Duty (pull over to help injured)
Duty mandated by law (mother and child)
Term
patent v. latent defects in a premises
Definition
patent is obvious latent is hidden
Term
Assault v. Battery
Definition
Assault: The threat of force (non-contact)
Battery: The use of force (contact) or an offensive act
Term
Reckless Misconduct
Definition
Between negligence and intentional tort: intentionally performed act but didn't mean to cause harm; should have known inherently that actions would cause harm
Term
2 essential elements of a crime
Definition
actus reus: "guilty act": voluntary, concious
mens rea: "guilty mind": knowingly recklessly negligent
Term
Entanglement Theory
Definition
Examines extent of government's involvement in a situation or organization. Entanglement, and therefore state action jurisdiction exists if government is substantially involved with an orgnaization
Term
Public Function Theory (Determines State Action)
Definition
Examines the type of conduct in which an organization participated; if conduct is normally reserved for the govt. the govt. more likely to have a say in the outcome of a situation in court EX. American Telephone Company
Term
Limited Judicial Review
Definition
courts will not intervene in the internal affairs of private, voluntary organizations which govern professional and amateur sport UNLESS:
1. Individual's constitutional rights are violated
2. The organization violates a law
3. Rules are applied in an arbitrary or capricious manner
Term
Standing (3 criteria)
Definition
1. Action in question caused an injury
2. The interest to be protected is a constitutional right of which the court can present a solution
3. The plaintiff must have an interest in the outcome
Term
Injunctive Relief
Definition
issued to those that monetary compensation would bring no right to the situation. 4 types: Temporary Restraining Order, Preliminary Injunction, Permanent Injunction, Specific Performance
Term
Preliminary Injunction (4 requirements)
Definition
1. there is a substantial likelihood of success on the merits of the case
2. they face a substantial threat of irreparable damage or injury if the injunction is not granted
3. the balance of harms weighs in favor of the party seeking the preliminary injunction
4. the grant of an injunction would serve the public interest
Term
Permanent Injunction
Definition
Requires same 4 elements of a preliminary injunction, but results in a permanent decision
Term
Specific Performance
Definition
requires one of the parties of a contract to perform certain actions. EXCEPTIONS: cannot refute previously agreed upon terms in a contract; does not apply to servitude
Term
Due Process: definition and violation
Definition
An expected course of legal proceedings that are owed to a person according to the law. In order to be violated:
1. Have to have State Action in the case
2. Rights have to have been deprived
3. Due process right must have been violated by substansive (was it a fair rule) content or procedural (was the rule applied fairly) content
Term
Substansive Due Process: 2 requirements for a rule
Definition
1. Does it have a proper purpose?
2. Does it clearly relate to the accomplishment of that purpose?
Term
Procedural Due Process (2 main requirements)
Definition
1. Right to a hearing 2. Notice of the hearing's time, date, and content
Term
3 standards of review
Definition
Strict Scrutiny, Intermediate Scrutiny, Rational Basis Review
Term
Strict Scrutiny
Definition
challenged rule must be necessary and compelling to the state interest. Strict Scrutiny groups include race, national origin and allegiance; Only way law will be upheld is if it is necessary to achieve an objective, and it MUST be done
Term
Intermediate Scrutiny
Definition
law must be substantially related to achieve an important governmental interest; quasi-suspect class at risk including gender
Term
Rational Basis Review
Definition
Applied to all groups that aren't suspects or quasi-suspect; test whether law is reasonably related to a legitimate government interest
Term
Risk Management
Definition
controlling the financial and personal injury losses from sudden unforseen, unusual accidents and intentional torts
Term
Goals of Risk Management (4)
Definition
1. Minimize risk of injury to patrons
2. Reduce litigation potential
3. Minimize financial loss
4. Provide a defense in case of litigation
Term
Lemon Test (establishment clause v. freedom of speech test)
Definition

govt practice is unconstitutional if it

1.lacks a secular practice

2. either advances or inhibits religion

3 excessively entangles govt. with religion

Term
Coercion Test: (establishment clause v. freedom of speech test)
Definition
A practice is unconstitutional when govt. directs a formal religious exercise in such a way as to oblige the participation of individuals (Ex. Santa Fe ISD v. Doe where students wanted prayer on loudspeaker prior to game, but everyone would have had to hear it)
Term
Endorsement Test
Definition
when government conveys that religion is favored preferred or promoted over other beliefs (ex. Williams v. Eaton where players wanted to wear armbands to show support against muslims. Not allowed)
Term
Balancing Test in drug tests and searches
Definition
1. Is there a legitimate privacy expectation?
2. Character of the intrusion-how were the samples tested and who will see the results?
3. Nature and immediacy of concern- is state's interest in conducting the test important enough to invade on sense of privacy?
Term
Defamation
Definition
civil violation that causes damage to reputation; diminishes esteem goodwill confidence that the plaintiff previously held
Term
Elements of a Defamation Claim (4 elements)
Definition
1. A false and defamatory statement (if the statement is true, no defamation)
2. Information must be published to a 3rd party
3. Fault or negligence of publisher
4. Actual damages
Term
Defamation Per Se
Definition
Includes (i) accusing someone of a crime; (ii) alleging that someone has a foul or loathsome disease; (iii) adversely reflecting on a person’s fitness to conduct their business or trade; and (iv) imputing serious sexual misconduct. Plaintiff need only prove that someone had published the statements to any third party. No proof of special damages is required.
Term
Comparative Negligence
Definition
Both the plaintiff and the defendant are negligent, divides the responsibility between the two negligent parties
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