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Exam 1 - Sport Law || with Accurate Answers 100%.

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3 Branches of Government correct answers Legislative Branch Executive Branch Judicial Branch Legislative Branch correct answers Branch of government that makes the laws Executive Branch correct answers President Enforces the laws Judicial Branch correct answers The Courts Interpret...

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  • November 2, 2024
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  • Sport Law
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Exam 1 - Sport Law || with Accurate Answers 100%.
3 Branches of Government correct answers Legislative Branch
Executive Branch
Judicial Branch

Legislative Branch correct answers Branch of government that makes the laws

Executive Branch correct answers President

Enforces the laws

Judicial Branch correct answers The Courts

Interprets laws based on the Constitution

Statutory Law correct answers Comes from federal and state legislative branches

Can cover a wide variety of topics

Certain rights are given only to state and local legislatures

Ordinances correct answers Local laws

Example of Statutory Law correct answers A police officer pulls you over, and you are given a
citation for violating the speed limit. You have broken a vehicle and traffic law. This law is
established by legislature as a statute.

Constitutional Law correct answers Comes from federal and state constitutions

Very difficult to amend or change

Sets forth the powers, authority and limitations of local, state and federal governments

Example of Constitutional Law correct answers The Fourth Amendment guards against
unreasonable search and seizures.

Administrative Law correct answers Local, state and federal agencies can create law by issuing
rules and regulations related to their given governmental purpose

Often have their own courts

Given their power by statute or executive order

Example of Administrative Law correct answers The IRS imposes an income tax on the taxable
income of every individual

,Executive Orders correct answers Legal rule issued by the executive branch

Generally only deals with how existing law is enforced

Example of Executive Order correct answers President Obama's administration directed the
Department of Education to include transgender students under the application of Title IX.

Common Law correct answers Comes from the court's power to interpret other sources of law

Based on the concept of following previous rulings by other judges and courts

Example of Common Law correct answers The MLB cannot be sued for antitrust violations
because of the precedent set by Federal Baseball v. National League (1922)

Function of the Courts correct answers Per the Constitution, it is to interpret and apply the law.

By doing so, courts can resolve disputes between parties by deciding who is right under the law.

Looking at precedent ensures that the courts are staying consistent from one case to another

Precedent correct answers Stare Decisis

That which comes before

Criminal Law correct answers Government v. Individual

Purpose is to punish wrongful party and deter wrongful conduct

Penalties include fines, probation, jail time, etc.

Crimes comes from statutes and penal codes that outlaw certain actions and authorize penalties

Civil Law correct answers Individual v. Individual

Purpose is to compensate injured party for loss

Remedies include money, damages, injunctions, etc.

Claims come from statutes that authorize private causes of action to enforce specific rights

Sport cases are typically criminal law. correct answers False- they are civil law

i.e. Negligence, Contracts, Name, Image & Likeness

3 Supremacy Rules correct answers Federal law trumps inconsistent state and local

, Constitutional law trumps inconsistent statutes

Statutes trumps inconsistent administrative law and common law

Three Levels of Federal Court System correct answers District Court

Court of Appeals

Supreme Court

How many U.S. district courts? correct answers 94

District Courts correct answers aka Trial Courts

Have original jurisdiction on federal cases

Allow for full trials if necessary

Civil Trial Process Step 1 correct answers Plaintiff files complaint

Statement of allegations

Civil Trial Process Step 2 correct answers Defendant can respond to complaint in one of two
ways:
1. File an answer to try and disprove allegation in complaint

2. File a motion to dismiss

Motion to Dismiss correct answers A pleading in which a defendant asserts that the plaintiff's
claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds
on which a suit should be dismissed.

No viable claim even if everything is true

Civil Trial Process Step 3 correct answers Discovery or gathering evidence

After discovery, either party can file for summary judgement by showing that there are no
remaining issues of material fact

Civil Trial Process Step 4 correct answers Trial (3 steps)

1. Plaintiff must prove prima facie case

2. Defendant can respond by attacking prima facie case or by offering affirmative defenses

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