Sport Law Test 1 - Sport Law Test 1 US Legal System o Legal...

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Sport Law Test 1 US Legal System o Legal liability – duties and responsibilities that we owe one another and can be enforced in court o Law – system of rules values and principles that govern daily conduct that are enforceable by the government or individual citizens through courts o Sources of law Common, constitutional, statutory, administrative o Common law Tradition began in medieval England Basis of US Legal System Judge made, case law Employs a system of precedents, known as stare decisis, to assist in deciding future cases Requires that a court follow the rules of law established by the same or higher level courts in the same jurisdiction in factually similar/analogous cases o Legal Precedence Once a case becomes a precedence, all future analysis of the same, or similar, facts in that jurisdiction will rely upon the prior decision (binding vs. persuasive) Binding – a higher level court, same jurisdiction, factually similar case Persuasive – cases that are not binding Efficiency, effective, fairness o Constitutional Law Bedrock to the legal system US. Constitution and state constitution Set fort eh basic rules of their respective governments Any statute, court ruling, or administrative rule cannot contradict the constitution Ex. Constitutional law Pregame prayer o Statutory Law Statute law – enacted by state and federal legislators Ordinances – laws created by local government Statutes and ordinances are only valid for area governed Under the supremacy clause of the US constitution, federal law supersedes conflicting state law Common statutory law that applies to sports Title IX ADA Volunteer Immunity Act o Administrative Law Specialized bodies created by… Create and enforce their own laws o Court Systems in US State System Has jurisdiction over cases involving events or activities that… Each has own constitution rules of practice and procedure
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Trial Appellate Supreme court Federal system US Federal district courts US Federal courts of appeal US Supreme Court o Highest court of the land o Original jurisdiction very rare o Hears appeals from US court of appeals o 9 justices – all hear and decide o Decisions are binding on all courts Hears cases involving, suit brought against US, patent, tax, etc. Administrative courts o Created by congress o Create and enforce their own rules o Ex. National labor relations board Appellate court decisions Affirm – hold lower court’s decisions Reversal – reject lower court’s decision Remand – return to lower court for further factual findings Modify – uphold lower court’s decision, but modifies it to be consistent with law as determined by appellate court Majority One or more judges may write separate opinions Concurring – judges agree with the result reached by the lower court, but for different reasons
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This note was uploaded on 02/17/2012 for the course SPM 6726 taught by Professor Johnspengler during the Fall '11 term at University of Florida.

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Sport Law Test 1 - Sport Law Test 1 US Legal System o Legal...

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