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Legal Principles - Lecture notes 11
Principles of Sport Management (07 95 250)
University of Windsor
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March 27th, 2019 Legal Principles Sport Law - Application of existing laws to sport “Mo’ Money, Mo’ Problems!” o A lot more people get sued in todays era instead of before. The Law - - “A body of rules of action or conduct prescribed by controlling authority and having binding legal force” (Black, 1990) o Violate these rules and conduct and you will be charged Stare decisis o the legal principle of determining points in litigation according to precedent. Plaintiff o Person who has the complaint. o Class Action Lawsuit- people who have the same fundamental complaint. Canadian Charter of Rights & Freedom (1982) - S. 15 (1) – every individual is equal before & under the law and has the right to equal protection and equal benefit of the law without discrimination Ontario Human Rights Code (1961) - Prohibits the discrimination on numerous grounds o S. 10- defines disability to include physical, mental, or learning disabilities Your Legal Rights - Substantive Rights o Reflect democratic society Procedural Rights o Due process o Innocent until proven guilty The right of notice The right to be heard The right to fair adjudication without bias (biggest problem) Sport Organizations - Operate as private tribunals o Governing documents serve as a contract - - - o Contract gives the organization the legal authority to make decisions Member implications o Members accept authority of the organization and terms of the contract o Arbitration (someone who makes a decision for an organization and that decision is binding) and mediation (bringing the parties together and trying to resolve issues together) o Courts are reluctant to interfere Administrative Law o The body of law created by rules, regulations, orders, and decisions of private tribunals Judicial review (when the court becomes involved, not a court case, private tribunals) o Violate public policy o Exceed jurisdiction of the association o Is arbitrary or capricious o Organization breaks its own rules o Violates ones Charter rights Remedy- injunction Civil Law - Civil wrong by one person against another Tort Law (branch of civil law that deals with liability with personal injury that has suffered from someone’s improper conduct.) o Innocent or guilty o Intent? (to harm) - Remedy- Compensatory and or Punitive Damages Liability and Negligence - Liability o Legal responsibility for injury arising from negligence Negligence (shit happens) o Failure to act as a reasonable and prudent person 5 areas of concern (messed up) o Duty of care o Standard of care o Injury of damages o Causal connection o Contributory negligence o Gross Negligence is an extremely careless action or omission that is willful or reckless disregards of the consequences of the safety or property of another. Criminal Law - Wrongs against the state
Legal Principles - Lecture notes 11
Course: Principles of Sport Management (07 95 250)
University: University of Windsor
Recommended for you
Students also viewed
- Lecture Notes, Lectures 1-18 - Jess Dixon First Year Sport Management
- Lecture notes, lecture Entire Course - Sport management, Sport Consumer Behaviour
- Principles of Sport Management Notes
- Wednesday March 28 - notes for sport management. jess dixon
- Organizations - notes for sport management
- Monday March 26 - notes for intro to sport management