Spt 410 Final

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Spt 410 Final
2011-05-05 19:40:13

Dr. Wood SPT400 Test 3
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  1. Are national collegiate athletic associations considered private actors or state actors?
    College athletics are private actors. Ncaa regulations are not a function traditionally reserved to the state.
  2. Define "due process."
    An expected course of legal proceedings which have been established in our system of jurisprudence for the protection and enforcement of private rights. Guarantees the process not the outcome. Omission of guilt negates the need of due process.
  3. Define "qualified immunity."
    Official immunity from damages for acts that violate another's civil rights that is granted if it can be shown that the acts do not violate clearly established statutory or constitutional rights.
  4. The supreme court has established three tests to determine religious practices challenged under the First Amendment. List and describe the tests.
    Lemon test- lacks a secular purpose. Its primary effect on either advances inhibits religion. Excessively entangles government with religion.

    Coersion test- the government directs a formal religious exercise in such a way as to oblige the participation of objectors.

    Endorsement test- seeks to determine if the government endorses religion by means of the challenged action.
  5. Are state high school athletic associations considered private actors or public actors? Explain.
    High school associations are state actors. The functions served by the association were similar to functions of the state.
  6. List and describe two types of due process.
    Substantative- requires the regulation or rule to be fair and resonable in content as well as application.

    Procedural- addresses the methods used to enforce the regulation or rule.
  7. What is the significance of Bethel v Fraser?
    Highly appropriate function foe school managers to use censorship on a lewd and offensive behavior.
  8. What is the significance of Grunke v Seip?
    ICoaches train athletes no administer pregnancy tests
  9. What is the significance of Veronia v Action?
    Random search of student athletes was constitutional. Decrease privacy standards
  10. What is the significance of New Jersey v T.L.O?
    Established a lower standard and need to be reasonable proof to search someones belongings.
  11. What is the significance of Sante Fe v Doe?
    Student initiates pre-game prayer was unconstitutional and violates 1st amendment.
  12. What is the significance of Tinker v Des Moines?
    Cant restrict free speech when on school property unless their conduct materially interferes with the schools business.
  13. What is the significance of Borden v East Brunwick?
    High school coaches cannot engage in any religious activities on school property or school hosted event.
  14. Know and understand the constitutional amendments discussed in class.
    1st-no law respect establishment of religion or free excercise or freedom of speech.

    2nd-the right of people to keep and bear arms

    4th-the right of people to be secure against unreasonable search and seizure, warrants, be issued

    5th-no person shall be deprived of life, liberty, or property without due process of law

    14th-nor shall any state deprive any person of life liberty or property without due process of law
  15. Define “state action.”
    The court must examine whether the state is sufficently involved or entangled with the private action so that the action may fairly be treated as that of the state itself.
  16. Define “reasonable suspicion”
    The existence of reasonable circumstances, reports, info, or reasonable direct observation.
  17. Discuss the balancing test used by the court when considering due process issues.
    Private interest-that will be affected by the official action

    Risk of Erroneous Deprivation- of such interest through the procedures used.
  18. List and describe two theories of state action.
    Public Function Theory- a court can find state action in the activites of a private party “if that party undertakes functions or assures powers that the government ordinarily performs or exercises.

    Nexus/Entanglement Theory- examines whether the states involvement or entanglement with out private actors conduct is sufficient to transform the private conduct into state action.
  19. The court wil use a balancing test in determining whether a search is constitutional. List the three parts of that test.
    • -a legitimate privacy expectation
    • -the character of the intrusion
    • -the nature and immediacy of the governmental concern
  20. Absolute Defense of Defamation
  21. Define Defamation
    The Communication of False Statements that Injures a Person's Reputation
  22. List and Describe Three Types of Exculpatory Documents.
    Waiver- participant relinquishes the right to persue legal action agains the service provider

    Informed Consent- a document used to protect the provider from liability for the informed, treatment risks of a treatment, program or regiment to which the signer is subjected.

    Agreement to Participate- a document to strenghten the defenses against liability for injuries resulting from inherent risks of the activity.
  23. Define Indemnification:
    Compensation for losses or Damages
  24. What is Statue of Frauds?
    Some contracts must be in writing.
  25. This Type of Exculpatory Document is Not a Contract.
    Agreement to Participate
  26. Four Elements of the Inference Test
    • 1) Member of Protected Class
    • 2) Qualified for Position
    • 3) Despite Qualifications, were treated less favorably than a coworker or other applicant
    • 4) Circumstance Gave Rise to an Inference of Discrimination
  27. Who Enforces Title VII?
    Equal Employment Opportunity Commission
  28. Two Reasons a Court Cannot Enforce Employment Contract Against an Employee.
    Indentured Servitude is Illegal

    Cannot Ensure Quality of Work
  29. Define Contract
    A Promise or Set of Promises for Breach of Within the Law Gives a Remedy or the Performance of Which the Law can Someway Recognize a Duty
  30. The Four Affirmative Defenses in Unequal Pay lawsuit.
    • 1) Seniority System
    • 2) Merit System
    • 3) A System that Measures Earnings by Qualifying or Quantifying Production
    • 4) Any Other Factor Based on Something Other Than Sex
  31. Elements of a Legally Binding Contract
    • Offer
    • Acceptance
    • Consideration
    • Capacity
    • Legallity
  32. List and Define the Two Forms of Sexual Harassment
    Quid Pro Quo(This for That)- Occurs When Something is Granted or Withheld Based on Willingness for Advances.

    Hostile Invironment- Occurs When a Hostile or Offensive Work Environment is Created for Members of One Sex
  33. What is the Difference Between Unilateral and Bilateral Contracts?
    Bilateral- Exchange of Promises

    Unilateral- The Offeror Makes a Promise to the Offeree if the Offeree Takes Specific Action
  34. What Type of Damages Could a Court Award in a Defamation Lawsuit?
    • Special- Actual losses
    • General- Non Quantifyable
    • Punitive- Penile
  35. Define Actual Malice
    The Person Knew the Statement Was Not True or Did Not Care it Was Not True and Therefore was Reckless With the Truth
  36. None-Compete Clause Must be Reasonable in What?
    Time and Geography
  37. Factors to Determine Whether Jobs are Substantially Equal
    • Skill
    • Effort
    • Responsability
    • Working Conditions
  38. What's the Difference Between Slander and Libel?
    • Slander is Spoken
    • Lible is Written
  39. What are the Three Prongs of Title IX Compliance?
    1) Participation Opportunities for Male and Femals Students are Provided in Numbers Substantially Proportunate to Their Prospective Enrollments

    2) The Institution Can Show a History and Continuing Practice of Program Expansion Demonstrably Responsive to the Developing Interests and Abilities of the Underrepresented Sex

    3) The Institution can Show That it is Fully and Effectively Meeting the Interests and Abilities of the Underrepresented Sex
  40. List the Elements of Defamation
    • 1) A False and Defamatory Statement of Fact
    • 2) An Unprivileged Publication to a Third Party
    • 3) Fault or Negligence of the Publisher
    • 4) Damage or Actual Injury
  41. 5 Protected Classes of Individuals
    • Race
    • Color
    • Religion
    • Sex
    • National Origin
  42. Categories of Individuals in a Defamation Lawsuit
    • Public Figures
    • Private Figures
    • Public Officlas
    • Limited-Purpose Figures
  43. Define Sexual Harassment
    Unwelcome Sexual Advances, Requests for Sexual Favors, and Other Verbal or Physical Conduct of a Sexual Nature
  44. Define Consideration
    Exchange of Value
  45. The Legislation that Stated "an Entire Institution is Covered by Title IX if Any Activity Within the Institution Receives Federal Funding."
    Civil Rights Restoration Act of 1987
  46. Sexual Harassment Law is Based on Two Pieces of Legislation
    Title VII of the Civil Rights Act of 1964

    Title IX of the Education Amendments Act
  47. Who is Responsible for Enforcing Title IX?
    Office for Civil Rights
  48. EEOC Guidelines for Equal Skill
    • Experience
    • Training
    • Education
    • Ability
  49. What is Promissory Estoppel?
    An Individual Relied on a Promise to His/Her Own Substantial Detriment
  50. What is "Parol Evidence Rule?"
    Prohibits the Admission of Oral Statements, Preliminary Agreements, or Writtings Made Prior to or at the Time of the Final Written Contract
  51. What is a Restriction on the Length of Time an Injured Party has in Which to File Suit?
    Statue of Limitations
  52. What Elements Must a Plaintiff Show in a Battery Lawsuit?
    Defendant Intended to Touch Plaintiff

    Actual Touching Occured

    Lack of Consent
  53. List the Three Primary Origins of Duty
    Relationship Inherent to Situation

    Voluntary Assumption of Duty

    Duties Mandated by Statues
  54. What is the Significance of Nabozny v. Barnhill?
    Reckless Misconduct/Disregard
  55. A Written Statement of Why the Defendant is Not Liable
  56. Define Tort
    A "wrong" that Injures a Person or Reputation
  57. What are the Three Elements a Defendant must Prove in the Assumption of Risk Defense
    Plaintiff Knew, Understood, and Appreciated Risk

    Risk was Inherent to Activity

    Plaintiff Participated Voluntarily
  58. When There is no Dispute as to the Facts and the Court Agrees Completely with One party, a Party Can File?
    Summary Judgement
  59. Define Privilege
    Allows a Person to Act in a Way Normally Considered Assault and Battery
  60. Define Assault
    The Intentional Creation of a Reasonable Apprehension of Immenent and Offensive Contact Without the Persons Consent
  61. What are the Four Considerations in Matching Athletes?
    • Skill Level
    • Size
    • Physical Maturity
    • Experience
  62. What is an "Ultra Vires" Act?
    An Act that is Not Within the Authority or Scope of Responsibility of the Employee.
  63. What are the differences Between Contributory Negligence, Pure Comparative Negligence, and Modified Comparative Negligence?
    CN- If Plaintiff Contributes

    PCN- Plaintiff is Awarded for Percentage Not at Fault for

    MCN- If Plaintiff is More than 50% Responsible
  64. Female Athlete Triad
    • Eating Disorder
    • Ammenorrhea
    • Osteoporosis
  65. A Fact Finding Process Where Physical Evidence, Statements, and Documents are Examined.
  66. Define Hazing
    Any Activity That Embarasses, Degrades, Humiliates, or Endagers Another (When Joining a Group or Team) Regardless of Willingness to Participate
  67. What Elements Must a Plaintiff Show in an Assault Lawsuit?
    • Defendant Intended Harm
    • Plaintif Felt Apprehension of Harm
    • Lack of Consent
  68. What is the Legal Reasoning for a Lawsuit
    Cause of Action
  69. The process of Selecting or Eliminating Jurors
    Voir Dire
  70. What Should Coaches Document?
  71. Define Battery
    Intentional, Unpermitted, Unpriviliged, and Offensive Touching of the Person of One Individual to Another
  72. List and Describe Three Types of Supervision
    • General- Broad Supervision of General Activity
    • Specific- More One to One and Can Be Instructional
    • Transitional- In Between General and Specific
  73. List and Describe the Elements a Plaintiff Must Prove in a Negligence Lawsuit
    • Duty
    • Breach of Duty
    • Proximate Cause
    • Damages
  74. What is the Difference Between Writ of Centiorari and Remand
    Remand is Sending the Case Back

    Writ of Centiorari is an Order to Produce Records
  75. What is ASEP? List Nine Duties of Coaches
    American Sport Education Program

    • Properly Plan Activity
    • Provide Proper Instruction
    • Provide Safe Facilities
    • Provide Proper Equipment
    • Match Athletes
    • Evaluate Injuries
    • Proper Supervision
    • Warn of Inherent Risks
    • Appropriate Emergency Assistance
  76. What is NASO?
    National Association of Sport Officials