Sport Law - Study Guide Test 2
Sport Law - Study Guide Test 2 SPMGT 377
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This 3 page Study Guide was uploaded by Kelly Smith on Saturday January 17, 2015. The Study Guide belongs to SPMGT 377 at Washington State University taught by Chris Lebens in Fall2014. Since its upload, it has received 214 views. For similar materials see Legal Aspects of Sport in Physical Education at Washington State University.
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Date Created: 01/17/15
Sport Law test 2 REVIEW 370 Lands down topic 0 Private or not 0 No magic number of the factors have to be found It depends on jury Racism will be selective factor Title II of civil rights act Prohibiting discrimination in places of public accommodation 0 Purpose 0 Only know federal law not state Who has burden of proof in discrimination claim 0 Person being discriminated against Burden of proof in negligence Defendant Ch 15 433440 Equal protection 4th amendment 4 elements for claim of negligence duty mandated by law 0 breached duty occurs when how prove 4th amendment violation PROTECTS PEOPLE FROM UNMEASURABLE search and seizure KNOW TITLE 9 2 implied warranties for product liability 1 this is what it says it is all applied warranty and merchantability is what it is 2 fitness for a particular purpose Americans of disabilities 0 Know disability elements of an assault intent to harm 0 actual harm occurred 0 no consent strict liability a little broad umbrella term bc can fall on personentity sole liability strict product liability can you find strict liability on a person and not a product 0 Yes if doctor leaves a scalpel Amusement park would be liable if carnie revs up the roller coaster and everyone flies off and dies Comparative Contributory AND Assumption of the risk IMPORTANT big one in sport Strict common sense 0 4 answers 2 are right 0 what would you do give questions where there s more than one right answer but one is more right than the other 0 attention to detail who do these people sue that the pterodactyls were hitting crowd management 0 all have damages 0 duty is to manage crowd BREACHED bc crowd was throwing things at pterodactyls o allowed them to drink and come back in 0 CAN THEY SUE YES 0 WILL most likely prevail against cms theleague o duty to provide safe environment they did open air stadium o damages 0 all dbcd 0 can they sue league Yes 0 or beverage enforcement o damages 0 CAN t BE SUED bc they stopped serving We can sue when someone gets mauled by bear 0 Wsu would defend w assumption of the risk Recklessness In order to reach gross negligence at a level of recklessness the person cimmiting the assault has to be aware of the potential outcome 0 Accidental defense it s not reckless I didn t know that the guy had a glass jaw when I punched him in the mouth Guns Recklessness Little kids w guns 0 2 yo accidentally shoots his sister 0 he doesn t know that the trigger will kill when you hit someone in football game the recklessness is tough to get to bc you don t know what kind of damage you can do taking helmet off and hitting him in head should have been gross negligence You know what you re doing
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