Legal Issues in Sport SPM 4723 Exam 1 Review 2023 with complete solution

Legal Issues in Sport SPM 4723 Exam 1 Review 2023 with complete solution What are the four sources of law? Constitutional Law, Common Law (Stare Decisis), Statutory Law, Administrative Law Common Law (Stare Decisis) A legal principle that requires courts to respect prior decisions, generally stand by them, and not disturb the law unless necessary Constitutional Law The law relevant to the Constitution of the United States and to state constitutions Statutory Law Laws (legislation or codes) created by legislators at the state and federal levels Administrative Law The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities. Doctrine of Supremacy A doctrine based on the supremacy clause in the U.S. Constitution stating that the U.S. and state constitutions and federal legislation are superior to common law and state legislation Administrative Agencies Governmental agencies that have the authority to create laws, rules, and regulations to carry out the responsibilities of government Rules and Regulations Policies or principles that are publicly agreed on and that govern an activity or organization Criminal Law The body of law that identifies what behavior is criminal and stipulates penalties for violations. Standard of proof is "beyond a reasonable doubt." Government vs Private Party Civil Law A category of law in which monetary damages are often claimed because of an act or failure to act by another that results in harm to persons or property. Plaintiff vs Defendant Complaint A formal accusation of wrongdoing brought by a plaintiff against a defendant in a legal case Summons Official notification to a defendant that she must respond to a complaint Answer The response of a defendant to a complaint (accusation of wrongdoing) Motion to Dismiss Used when a complaint is legally insufficient to justify an answer Motion for Summary Judgement Granted when there is no genuine dispute about material facts of the case and moving party is entitled to judgement as a matter of law Pleadings Formal statements in legal documents prepared by attorneys that provide details about a case and may include an answer, a complaint, or both Discovery The part of the legal process that involves gathering information verified by oath in preparation for trial Interragatories A type of discovery in which written information is gathered in preparation for trial Deposition A type of discovery in which a witness provides verbal information in preparation for trial Expert Witness A person who, through skill, training, background, education, or experience, renders opinions on matters relevant to legal cases Affirm The appellate court can agree with the lower court's decision Reverse and Remand The appellate court can disagree with the lower court's decision, send the case back to the lower court with instructions for a new trial, or modify the lower court's judgment Trial Court (District Court) The lowest level or entry court Appellate Court An appeal is a formal request to a higher court to review the lower court's decision. These review courts are known as appellate courts Judge-Made Law Legal decisions made in a court of law by a judge Case Law Published legal decisions decided in a court of law by a judge or jury Moot Case A case in which actual controversy no longer exists and deciding the case would be pointless or of no practical significance U.S. Federal Court System A three-level model consisting of (1) trial courts known as district courts, (2) intermediate courts of appeal, and (3) the U.S. Supreme Court Diversity Jurisdiction The jurisdiction of a federal court to hear a case brought by people and organizations from different states How much money must a case be for the case to go to federal court? $75,000 Primary Sources Sources of law derived from original sources such as published court decisions or statutes Secondary Sources Sources of law derived from sources secondary to an original source such as articles that interpret or analyze case law decisions or statutes What must be filed in order for the US Supreme Court to hear a case? Writ of Certiorari Tort A civil wrong or injury that often results in monetary damages Damages