KIN 353-SportLawClassNotes

KIN 353-SportLawClassNotes - Fist Day Notes 15/06/2011...

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Unformatted text preview: Fist Day Notes 15/06/2011 16:26:00 ← Law: a complex system of principles or rules that are established and enforced to regulate human behavior (www. Si.com) • Can provide justice, compassion • Law is abstract, constantly changing and evolving • Need law in sport because of negligence, complaints, stories involving sport law, sexual assault, trademark law, endorsement deals, title IX ← Increase in litigation • Big money=big settlements have fueled fire • Increase in attorneys • Increase in medical costs • More socially acceptable • Easier to sue (smaller courts) • Increase in participation • 95% cases not in court o out of court settlements (average $20K-$30K) • Risk strategy to minimize chance of getting sued ← ← US legal system • Adversarial o Parties, presented by lawyers, take opposing sides when they appear before a judge/jury • Legal system chart in textbook o Branches, source of law, type of law, role of branch • Constitution o Foundational document: basic operating principles of governments including limits on governmental power • Statutes o Written laws created by legislature • Regulations o Rules created to operationalize statutes ← Function of US court system • Administer state and national laws • Resolve disputes among parties • Interpret legislative intent of a law in a deciding case ← Court system • 3 basic judicial systems o State court system Jurisdiction over cases involving events or activities that occurred within the state Parties to a law suit have to reside or conduct significant business within the state o Federal court system Jurisdiction over cases involving: Constitution Federal law (issues like patent, tax, copyright, maritime, and bankruptcy Disputes between citizens of different states • Diversity of citizenship situation Disputes greater than $75K o Administrative court system Jurisdiction over administrative law Create and enforce rules Federal agencies deal with specialized areas E.G. IRS, Federal trade commission, National labor relations board ← Jurisdiction • Authority to hear a case determined by (1) location and (2) subject matter ← US supreme court • Consists of o 9 justices; chief justice, 8 associates o Appointed by President for life • Decisions are binding on all other courts ← Writ of Certiorari • Court of last resort is US Supreme Court • To hear a case, SC will issue a Writ of Certiorari • Needs approval of 4 of the 9 Supreme court justices ← Types of law • Common law: refers to cases that have not been resolved by various courts; the decisions of numerous courts over hundreds of years are combined to...
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This note was uploaded on 06/15/2011 for the course KIN 350 taught by Professor Warner during the Fall '09 term at University of Texas.

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KIN 353-SportLawClassNotes - Fist Day Notes 15/06/2011...

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