Term
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Definition
| Prohibits discrimination on the basis of disability. |
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Term
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Definition
| Discrimination for Employment |
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Term
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Definition
| Public Access for Disability |
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Term
| Public Access Discrimination |
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Definition
Canno't exclude of facility based on disability.
Must make reasonable modifications to accommodate disability |
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Term
| Feldman v. Pro Football, Inc |
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Definition
Disabled fans are entitled to "equal enjoyment"
-Redskins ordered to provide captioning for fans with hearing impairments |
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Term
| What year was Title 3 created and what were some barriers it erased? |
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Definition
1993
Facility built before 93 was in compliance attempted to modify
After 1993- must meet all requirements |
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Term
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Definition
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Term
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Definition
| Authority that is implied but not written |
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Term
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Definition
| Ex: "Talk to buddy after Superbowl who handles my business even though buddy is not agent." |
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Term
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Definition
| Even if you didn't have authority it could be binding if athlete wants it. |
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Term
| Agent owes the following duties? |
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Definition
Duty of Loyalty
Duty of Obedience |
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Term
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Definition
must act solely for the benefit of the principal
-Cannot engage in self-dealing transactions without consent |
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Term
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Definition
Must follow all reasonable instructions even if agent disagrees with approach.
-Could conflict with duty of loyalty. |
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Term
| Relationship of Athletes to Teams |
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Definition
Athlete: Agent
Team: Principal |
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Term
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Definition
Employer can be liable for the negligent acts of its employers
2 Key Questions:
-Was employee acting within scope of employment.
-were the employees actions generally authorized |
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Term
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Definition
| Pitcher beams a hitter who then throws bat towards pitcher. Catcher hits batter. Batter sues team under Respondent Superior. |
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Term
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Definition
NCAA Bylaws govern representation
Union Regulations
Federal and State |
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Term
| State Regulation of Agents |
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Definition
| Uniform Athlete Agents Act |
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Term
| Federal Regulation of Agents |
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Definition
| Sports Agents Responsibility and Trust Act. |
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Term
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Definition
| Legally binding between two or more parties |
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Term
| Elements of Valid Contract |
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Definition
1) Offer
2) Acceptance
3) Consideration
4) Legality |
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Term
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Definition
| A conditional promise to do or refrain from doing something in the future. |
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Term
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Definition
| Act of agreeing to an offer by words or conduct. |
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Term
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Definition
| What each party receives/gives up in return for contract performance |
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Term
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Definition
| Parties must have legal authority and competence to enter into contract. |
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Term
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Definition
| Legal principal that requires three types of contracts to be in writing. |
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Term
| Three types of contracts that have to be in writing? |
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Definition
1- Sale, Mortgage, Lease of Land
2- Canno't be performed in 1 year
3- Sale of goods over 1,500 |
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Term
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Definition
| Contract provision where the parties agree to a specific amount of damage in the event of a breach. |
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Term
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Definition
| Party harmed by anothers breach must reduce its damages |
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Term
| Alternative Dispute Resolution |
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Definition
| parties attempt to resolve their dispute without going to court. |
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Term
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Definition
| informal procedure. can leave at any time |
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Term
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Definition
| parties present evidence to third party who renders a final binding decision. |
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Term
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Definition
Canno't intorduce evidence from before the contract was signed if evidence
conflicts with contract. |
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Term
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Definition
| Document a particpant signs attempting to relieve the organzation from liability. |
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Term
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Definition
1- must satisfy all four elements of valid contract
2- must be fair
3- should point out possible risks clearly |
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Term
| Illegal Reasons for firing an employee |
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Definition
Employee-
refused to commit an illegal activity
reporting a violation
basis of "protectd category |
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Term
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Definition
Probibits employement discrimination on the basis of race, color,
national origin, gender, religion
*only applies to employers with 15 or more employees |
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Term
| 2 types of discrimination- |
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Definition
Disparate Treatment
Disparate Impact |
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Term
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Definition
| Intentional Discrimination. Employers actions are based on protected category |
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Term
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Definition
| Unintentional Discrimination. Unintended consequences |
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Term
| 2 Types of Sexual Harrassment |
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Definition
Hostile Work Envi.
Quid Pro Quo |
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Term
| Hostile Work Environment- |
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Definition
| Typically occurs when per vasic conduct by co-workers creates a hostile work envi. |
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Term
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Definition
| Typically occures when employee rejects employers advancements |
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Term
| In sex disc. plaintiff must prove 3 things- |
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Definition
1- they were subjected to unwelcome sexual harrassment
2- harrassment complaint was based on sex
3- if affected term of employment |
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Term
| How to determine if discrimiatory conduct is severe |
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Definition
1- look at circumstances
2- frequence of conduct
3- physically threatening or not
4- is it unreasonable |
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Term
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Definition
(1) Tangible Employment Action
(2) Tangible action resulted from the plaintiff acceptance or rejection of supervisor |
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