1. 17 Legal Considerations in Sport Management C H A P T E R
Anita M. Moorman, University of Louisville
R. Christopher Reynolds, Indiana University
Chapter 17

2. The Basics of Law
Law is an accumulation of rules and regulations that govern our behavior 
Legislatures (state and federal) enact statutes
(continued)

3. The Basics of Law (continued)
Agencies write or promulgate rules and regulations
Courts interpret the statutes or rules and fill in any gaps left by legislatures
(continued)

4. The Basics of Law (continued)
Premise of law
Precedent
Stare decisis
Adopted laws affect . . .
Sport managers
Sporting events
Sport organizations

5. Sources of Law
Constitutions
Statutes
Administrative law
Common law

6. American Judicial System
Divided into separate federal and state systems
Federal and state constitutions
U.S. Congress and state legislatures
Federal and state court systems
International Sidebar and Learning Activities: Sport Law and Policy in Greece

7. Profile Sidebars Jim Delany, commissioner of the Big Ten Conference
Anita DeFrantz, executive board member of IOC and chair of the Commission of Women and Sports
Greg Heller, VP and general counsel for the Atlanta Braves

8. Federal Constitution U.S. Constitution Amendments
Supreme law in the U.S.
Greatest source of individual rights to citizens
Consists of preamble, articles, and amendments
Limits and empowers government
Amendments
Protective intent of the U.S. Constitution

9. Federal Legislation Congressionally enacted legislation
Reflects societal interests regarding conduct
Statutory language
Judges establish the application and interpretation of a statute
Examples of federal laws affecting sport
ADA and Title IX

10. Americans with Disabilities Act
Passed in 1990
Prohibits discrimination
People with disabilities
People who are perceived to have a disability
ADA and the sport industry

11. Title IX of the Education Amendments Act
Passed in 1972
Precludes discrimination based on sex
Compliance with Title IX is generally evaluated in three areas
Department of Education’s three-prong test
Impact on women’s athletics

12. State Legal Systems
Legislature of each state responsible for enacting laws to govern its citizens in matters where federal legislation is silent
State constitution
State court system
Areas of law based solely on state law
Torts and contracts

13. Tort Law A civil wrong or injury for which the law permits a recovery
Either a negligent act or an intentional act causing injury
Compensatory and punitive damages

14. Negligence
Failure to act as reasonably prudent person would have acted
Plaintiff must prove these:
Duty
Breach of duty
Proximate cause
Injury
Defenses for negligence

15. Types of Intentional Torts
Invasion of privacy
Defamation
Assault
Battery

16. Contracts
An agreement between parties to do, or not to do, a particular act
Contract law preserves and encourages right of parties to make or enter into agreements
(continued)

17. Contracts (continued)
Tenets of contract law
Offer
Acceptance
Consideration
Use of exculpatory agreements
Waivers
Releases

18. Practical Application
Critical thinking in sport law
Prayers over the PA system at athletic contests
Ethics in sport law
NCAA’s use of a student-athlete’s image or likeness
Banning lawyers for student-athletes

19. Future Challenges Office conduct and related policy issues
Clear and enforceable contractual agreements
Retention and hiring of coaches and administrators
Advances in technology

20. Three Review Questions
What guarantees included in the U.S. Constitution affect sport?
How have the ADA and Title IX legislative acts influenced the sport industry?
What are the benefits of contracts for sport organizations, nonsport entities that deal with sport, and sport personnel?