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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.
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.
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.
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.
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.
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.
What is the significance of Bethel v Fraser?
Highly appropriate function foe school managers to use censorship on a lewd and offensive behavior.
What is the significance of Grunke v Seip?
ICoaches train athletes no administer pregnancy tests
What is the significance of Veronia v Action?
Random search of student athletes was constitutional. Decrease privacy standards
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.
What is the significance of Sante Fe v Doe?
Student initiates pre-game prayer was unconstitutional and violates 1st amendment.
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.
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.
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
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.
Define “reasonable suspicion”
The existence of reasonable circumstances, reports, info, or reasonable direct observation.
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.
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.
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
Absolute Defense of Defamation
The Communication of False Statements that Injures a Person's Reputation
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.
Compensation for losses or Damages
What is Statue of Frauds?
Some contracts must be in writing.
This Type of Exculpatory Document is Not a Contract.
Agreement to Participate
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
Who Enforces Title VII?
Equal Employment Opportunity Commission
Two Reasons a Court Cannot Enforce Employment Contract Against an Employee.
Indentured Servitude is Illegal
Cannot Ensure Quality of Work
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
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
Elements of a Legally Binding Contract
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
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
What Type of Damages Could a Court Award in a Defamation Lawsuit?
- Special- Actual losses
- General- Non Quantifyable
- Punitive- Penile
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
None-Compete Clause Must be Reasonable in What?
Time and Geography
Factors to Determine Whether Jobs are Substantially Equal
- Working Conditions
What's the Difference Between Slander and Libel?
- Slander is Spoken
- Lible is Written
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
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
5 Protected Classes of Individuals
- National Origin
Categories of Individuals in a Defamation Lawsuit
- Public Figures
- Private Figures
- Public Officlas
- Limited-Purpose Figures
Define Sexual Harassment
Unwelcome Sexual Advances, Requests for Sexual Favors, and Other Verbal or Physical Conduct of a Sexual Nature
Exchange of Value
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
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
Who is Responsible for Enforcing Title IX?
Office for Civil Rights
EEOC Guidelines for Equal Skill
What is Promissory Estoppel?
An Individual Relied on a Promise to His/Her Own Substantial Detriment
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
What is a Restriction on the Length of Time an Injured Party has in Which to File Suit?
Statue of Limitations
What Elements Must a Plaintiff Show in a Battery Lawsuit?
Defendant Intended to Touch Plaintiff
Actual Touching Occured
Lack of Consent
List the Three Primary Origins of Duty
Relationship Inherent to Situation
Voluntary Assumption of Duty
Duties Mandated by Statues
What is the Significance of Nabozny v. Barnhill?
A Written Statement of Why the Defendant is Not Liable
A "wrong" that Injures a Person or Reputation
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
When There is no Dispute as to the Facts and the Court Agrees Completely with One party, a Party Can File?
Allows a Person to Act in a Way Normally Considered Assault and Battery
The Intentional Creation of a Reasonable Apprehension of Immenent and Offensive Contact Without the Persons Consent
What are the Four Considerations in Matching Athletes?
- Skill Level
- Physical Maturity
What is an "Ultra Vires" Act?
An Act that is Not Within the Authority or Scope of Responsibility of the Employee.
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
Female Athlete Triad
- Eating Disorder
A Fact Finding Process Where Physical Evidence, Statements, and Documents are Examined.
Any Activity That Embarasses, Degrades, Humiliates, or Endagers Another (When Joining a Group or Team) Regardless of Willingness to Participate
What Elements Must a Plaintiff Show in an Assault Lawsuit?
- Defendant Intended Harm
- Plaintif Felt Apprehension of Harm
- Lack of Consent
What is the Legal Reasoning for a Lawsuit
Cause of Action
The process of Selecting or Eliminating Jurors
What Should Coaches Document?
Intentional, Unpermitted, Unpriviliged, and Offensive Touching of the Person of One Individual to Another
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
List and Describe the Elements a Plaintiff Must Prove in a Negligence Lawsuit
- Breach of Duty
- Proximate Cause
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
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
What is NASO?
National Association of Sport Officials