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A private management agreement for a PAF usually includes the potential for earning incentive income if the company exceeds predetermined financial and operational benchmarks.
A PAFs financial performance depends on several factors, which of the following statements is not one of them
There are a variety of reasons that governmental entities decide to privatize the management of the PAF. Which is not one of them?
According to recent industry surveys, the most common ownership of public assembly facilities is
Recent industry surveys also show that the most common ownership/management structure is
Recent industry surveys also show that, based on expectations of owners,
When a city selects private management of a city owned facility, it retains “overall control” but (10-12)
Which is not one of the economic issues communities face when deliberating at what cost to build and operate public assembly facilities (PAFs)?
It is the Executive Director’s/General Manager’s ultimate responsibility to develop the PAF mission and determine the goals and objectives especially in difficult economic
There are many different types of PAF management, but there is one standard single form of organization within the PAF management industry that most PAF managers use.
One of the biggest challenges facing PAF General Managers in their efforts to organize their PAF and staff are
There are a number of variables that will determine the success or failure of a PAF. What should be rated top of the list?
There are five common management functions in almost all public assembly facilities regardless of size. Which of the following is not one of them?
The most common type of PAF ownership and management structure is:
One of the most important management skills that a PAF manager will use on a daily basis and needs to understand and constantly improve is:
The International City/County Management Association’s Code of Ethics specifically labels “dishonest” practices involving
Good PAF Managers tend to have great Managerial Leadership skills. Which of the following is not one of them?
The financial skill that will be necessary for PAF Managers to develop as they strive for their facilities success as well as their own job security is
One of the key elements in successful facility management that all PAF managers must possess and develop as they seek to improve professionally is
The acronym IAVM stands for
Ultimately, the key to a facility’s success will be the PAF Managers ability to effectively compete for events desired by the ownership and the marketplace in general.
The terms booking and scheduling are used interchangeably in the industry.
The two primary commodities of a PAF when creating the schedule are Time and
The importance of event booking in a PAF can be categorized by the following phrases except for:
The two underlying themes of client/tenant relations that a PAF General Manager must develop and cultivate are
The number one administrative priority for a PAF General Manager should be to
The number one priority for a PAF General Manager should be to
One of the most important administrative aspects of the PAF General Manager is to manage the facility scheduling process by determining the viability of an event is referred to as
From the perspective of both the PAF General Manager and the event promoter, determining the following facts about the event are the prime decisions in the booking process.
The process and terminology, defined in the textbook as Holding dates and in the order the GM uses to determine the status of an event on a PAF schedule is:
When booking a PAF, neither a General Manager, facility’s governing body, local law enforcement authorities, nor the “community fathers” may discriminate against booking an event or attraction based strictly on content. This legal phrase is known as the
A typical booking priority for a convention center is
Convention and Visitors Bureaus typically serve as the convention center’s marketing arm for
Determining that a potential lessee has the experience and resources to produce the event and the ability to contract the talent and book the space
Venue date protection policies
On a facility booking calendar, types of status for reserving or holding space are
The purpose of a PAF, in terms of marketing and sales, is to present events and in so doing enhance the quality of life in its community; generate direct and indirect economic impact and allow its citizens to see and enjoy sports and entertainment in a safe and comfortable environment.
PAF Sales and Marketing are similar terms and therefore have the same definition in PAF management.
Naming rights of a public assembly facility usually does not entitle the company purchasing the commercial rights to partial ownership of the facility.
The research necessary to assist a PAF to get to the heart of its competitive standing should include the following, except for:
o Involves rules promulgated by specialized bodies created by local, state, and federal governments
§ Given the power by local, state and federal governments to create and enforce their own laws, often termed rules and regulations
o Ex: IRS, OHSA, FTC
o Designed to resolve non criminal disputes
§ Ex: divorces, contract disputes
o Monetary damages are often claimed as a result of an act or failure to act by another that results in harm to persons or property
o Need 51% certainty to be proven guilty
o Plaintiff: files lawsuitDefendant: one being sued
o State trial courts
o State courts of appeal
§ No juries/limited # of judges/no new evidence
§ They make sure the judge below correctly interpreted the law
o State supreme
o US (federal) district courts
§ Federal law or diversity of jurisdiction, $75K minimum dispute
o Us (federal) courts of appeal
o United States Supreme Court
§ Nine justices
o Decide cases based on evidence presented
o Juries serve as fact finders
o Donot review new evidence, listen to witnesses, make different or newdeterminations of fact, or use a jury
o Focuson questions of law: application, interpretation, constitutionality
o Oftenremand cases back to trial courts based on their legal interpretation
(Primary Sources (actual law)
o US and state constitutions
o Federal and state statutes
o Court rulings (common law)
o Federal- published in a series of books called “Reporters”
o State- published in regional reporters
o Admin- Federal Register
· Title: Plaintiff v. Defendant (US District Court. 1987)
· Facts: brief summary of what occurred
· Issue: What’s the question the court has to decide? Write as a question
· Decision/Holding: what did the court decide, i.e. what did they “hold”
· Reasoning: explain why the court did what it didDisposition: what did the court do with the case? Affirm or Remand
· A civil wrong or injury that often results in monetary damages
· Causes of action (types of lawsuits)
o Negligence (fault)
o Intentional torts (intent or desire)
o Products liability (strict liability)
· Often determined by civil juries, not judges
· Differences between torts and criminal law
o Burden of proof: preponderance of the evidence (torts)
o Guilt beyond a reasonable doubt (criminal law)
Refers to the neglect or omission of reasonable care or caution based on the standard of the resonably prudent person.
ú Compensatory- amount to cover actual loss
ú Loss of consortium- loss of companionship
ú Punitive damage
· Defendant first wants to prove that one of the necessary elements is missing
· Next option- all elements exist but there is a defense
· Assumption of Risk
o The risk must be inherent to the sport
o The participant must voluntarily consent to be exposed to the risk
o The participant must know, understand, and appreciate the inherent risks of the activity and his/her ability and physical condition
o In sum: Plaintiff voluntarily assumed, knew, and appreciated risk
· Contributory and Comparative Negligence
o Contributory: if plaintiff contributed at all to the cause of their injury they lose
§ Very few jurisdictions use this
o Comparative: apportions fault between the parties
§ Pure: recovery reduced by % of plaintiffs negligence
§ Modified rule: if plaintiff is 51% at fault
§ A partial defense, based on the percentage of fault
o Intentional, harmful or offensive touching of another that is unprivileged and unpermitted
o Plaintiff must show the following
§ Intent to contact
§ Harmful or offensive touching
o The threat of a battery (threat of harmful or offensive touching)
o Plaintiff must show the following:
§ False and defamatory statement
§ Published to a third party
§ Harms the reputation of the person defamed
§ Causes injury and results in damages
§ Public figure standard is higher
o Libel: written defamation
o Slander: oral defamation
o Defamation damages are presumed in statements involving the following:
§ Moral turpitude
§ Loathsome diseaseProfessional lack of qualification
o Intent to confine another within a particular are against the will of the person confined
§ Confinement could include a persons belief that they cannot leave a certain location
§ Plaintiff must show the following
ú Confinement actually occurs
ú The act caused confinement
ú The person confined is aware of their confinement or harmed by it
· Ex: shop lifting
o Act that represents extreme and outrageous conduct and results in severe emotional distress to another person
o Harassment, bullying
o A very broad tort
o Four areas:
§ Appropriation of one’s name/likeness
ú Occurs when someone uses, without permission and for his own benefit, the name, likeness, or other identifying characteristic of another person
· Use of athletes names on advertisements, posters, trading cards without permission
ú Arises when someone invades a persons home or searches personal belongings without permission
§ False light
ú Similar to defamation
ú Ex: photo of an athlete in a picture with a girl other than his wife
§ Public disclosure of private facts
ú Publication of facts that are private and would cause embarrassment and humiliation and would not be legitimate concern to the public
· Liability for harm caused by a consumer product
· May be based on several legal theories in tort or contract law:
§ Negligence: difficult to prove
§ Strict liability
ú Liable regardless of fault
ú Generally only applies to new/nearly new products
§ Manufacturers have a duty to warn of dangers inherent to the reasonable use and for seeable misuses of their product
§ Warnings must be reasonable…conspicuous and easy to comprehend
o Risk Evaluation
§ Seriousness of the potential injury
§ Probability of an injury occurring
§ Past history of injuries caused by this or similar hazardView likelihood of injury in combination with potential severity of the issue
o Retention: response to an evaluation of risks where no action is taken. Things change (ex: 9/11)
o Treatment: response to an evaluation of risks where some action is taken to reduce the risk
§ Ex: no fly zones, bag searches, pat downs, metal scanners
o Transfer: response to an evaluation of risks where methods are devised to place the risk of liability on another
§ Hire an expert security firm and shirt some of the risk to them
o Avoidance: response to an evaluation of risks where action is taken to eliminate the risk
§ Cancel an event-sporting events post 9/11
A comprehensive, proactive plan that addresses potential medical emergencies occurring in a sport settingLegal and ethical duty in preparation of such plan: court rulings, statutes, regulations
a. Coaches should be certified in CPR and first aid.
b. Coaches should have communication devices on the field during practices and games
c. Coaches should have qualified trainers present when feasible
· A comprehensive, proactive plan designed to lessen the negative impact on an organization in the event of a crisis
· Goal is to be able to react quickly, stabilize the situation and return the situation back to normal
· Elements of a Crisis Management Plan
§ Development of an action plan
§ Identify outside experts that will be involved (police, fire)
o Post crisis communication and response
§ Identify who will meet with and debrief staff and who will meet with media, as applicable
o Test the plan
§ Document it, provide to all impacted parties/personnel
· Chain of command designating who will monitor the weather and have decision making authority
· Daily weather report review
· NWS monitoring during events
· Coaches/athletes should know and be trained on closest safe locations
· Officials and coaches should be aware of weather proximity
· Law that governs the relationship between a principal and agent
· Law that defines:
o The rights and responsibilities of principles and agents
o How/when that relationship is created
o What authority it createsHow it impacted third parties
· Most common example of agency/an agency relationship in sports
· Roles of sports agents
o Negotiate employment contracts
o Negotiate marketing/endorsement agreements
o Tax planning/assistance
o Money management
o Post career developmentLegal support/assistance
· Agency: relationship between two parties where one party agrees to act as the representative of the other party
o Both parties must agree to the relationship
o Once agency relationship is established the next issue is concerns agents authority
o Exists when the agent reasonably believes she has acted within the scope of authority given by the principal
§ Express Authority: written or oral communication granting the agent the authority to act
§ Implied Authority: authority that is reasonably necessary to carry out express authority
ú Ex: agent has express authority to negotiate contracts, has implied authority to travel, hire employees to aid him or her
§ Apparent Authority: where a third party reasonably believes (incorrectly that the agent is acting with actual authority
§ Ratification: no authority, no apparent authority; still may have a case if ratified by principal
· Fiduciary duty: agent must act for the benefit of the principal
· Duty of Loyalty
o Cannot engage in double-dealing (working for principal and third party)
o Cannot take personal advantage of a business opportunity within the scope of agency relationship without principals consent
§ Ex: team offers agent season tickets during free agent contract negotiations
· Duty of Obedience
o Follow all reasonable instructions from principal
· Whether agent was within scope of authority and was the identity of the principal known to the third party at time of contract
o Disclosed Principal: third party knows id of principal and knows agent is acting on his/her behalf
o Partially Disclosed Principal: third party knows there is a principal but doesn’t know principal id specifically
o Undisclosed Principal: third party doesn’t know agent is acting as an agent
· Agent not liable under disclosed principle scenarioAgent is liable in case of undisclosed or partially disclosed principal
· Key is scope of employment
o Principal can be liable where agent is acting on principals behalf during the course of agents job
§ Whether the agent committed an act (resulting in injury to another) that was authorized by the principal
§ The time, place, and purpose of the act
§ Whether the employer had reason to know that the employee would perform the act in question
· Sports Agent Responsibility and Trust Act
o Prohibits agents from making false or misleading promises or providing gifts, cash to student-athletes and those associated with student-athletes
o Uniform Athlete Agents Act
§ Adopted by 35 states
§ Provides for uniformity in registration and certification of athletes agents among the states
§ Provides that agents who sign contracts with student-athletes must provide notice to the particular university and must make clear to the student-athletes that their eligibility is affected
o Conditional promise to do or refrain from doing something in the future
o The act of agreeing to an offer by words or conduct
o The exchange of value or benefit that each party agrees to give up as a result of the contractual agreement, i.e. what each party gets in return for performance
§ Ex: money for the promise to provide food
§ Ex: money for the promise to provide use of an arena
o Even with offer, acceptance and consideration will be a contract only if it covers something legal
§ Courts will not enforce contracts based on an illegal promise or transaction
o Must have “legal capacity” to enter into a contract
§ Mentally incompetent, minors cannot enter into valid contracts
· Party designations
· Term: length
· Warranties and representations: promises in the contract
o Legal promises that certain facts are true
· Obligations and Duties
o Specific actions required by each party
· National letter of intent
o Void if player is admitted or NCAA eligibility isn’t met
· Scholarship offer also required
· League collective bargaining agreement
o Contract between players (union) and owners (league) that provide terms and conditions of the employment relationship between the parties
· Endorsement contract
· Athlete agent representation agreement
o Supplemental (shoe deals/radio/TV/summer camps)
o Cars, country clubs, phones
· Game contracts: for game or contest itself
· Event contracts: hosting overall even that may surround a game
· Important clauses
o Participant commitments (penalty for not showing)
o Insurance (cancelled events/tours)
· Agreement between facility owner and team or sport organization
o Offer: promise to play at facility (team)
o Acceptance: funding and maintenance of facility (city or district)
o Consideration: rent or payments (team), maintenance and revenues from use (city or district)
1. If you conducted research to find common law legal precedent you would be looking for
1. Which of the following is used to describe when (pretrial) a party prevails because there is no question of fact and relevant law requires that that party be awarded judgment as a matter of law?
a. the risk is inherent or a natural part of the sport
b. the participant voluntarily consented to participate in the activityc. the participant knew, understood and appreciated the risk involved
1. Injury to a participant that involves a product such as a football helmet, where the helmet was defective as manufactured, would involve which type of liability?
1. The manufacturer of an exercise machine has a duty to warn its consumers of the dangers that result from foreseeable misuses of the product.
1. The term used in risk management where no action is taken to treat the risk, i.e. keeping the situation as it is, is:
1. Risk management is defined as a course of action designed to reduce the risk (probability or likelihood) of injury and loss to sport participants, spectators, employees, management, and organizations.
a. a relationship based on trust
b. a duty to act for the benefit of another
c. the duty of loyalty
d. the duty of obedience
a. negotiating employment agreements
b. negotiating endorsement agreement
c. estate and financial planning
1. When an agent acts without the authority of the principal, the principal can still agree to be bound by the agent’s actions through what legal principle?
. In the Casey Martin ADA case the court ruled that the PGA did not have to provide Martin with the reasonable accommodation of a golf cart when he competed in events
. The NFL’s Rooney Rule was designed to increase the number of minorities holding head coaching positions
In Tinker v. Des Moines Independent community school District that the plaintiffs were able to express their view so long as they didn’t
Do the provisions of the Fourteenth Amendment apply to professional sports leagues?
The Supreme Court was established to determine whether a religious practice challenged under the first Amendment is unconstitutional. They are
Under strict scrutiny testing in an Equal Protection Act case the courts will allow the state action to survive if it is necessary to achieve a compelling governmental interest
What federal law prohibits discrimination in wages between employees on the basis of sex for equal work on jobs that require equal skill, effort, and responsibility under similar working conditions?
A school needs to satisfy each element/prong of the three-part test in order to show a prima facie case for a Title X violation
The three-part test used to measure whether the interests and abilities of both sexes are being equally accommodated with athletic opportunities includes
The overrepresented sex may bring an action alleging Title IX violations via the 3-part test
. A golf ball that produces a loud something sound when hit is named the Screech Golf Ball and is an example of what type of trademark?
Which the following are elements of a claim for trademark infringements?
a. Trademark owner shows that she has used and registered the markb. Demonstration that the other party’s use of her mark is likely to confuse or deceive
Copyright infringement is the unauthorized use of copyrighted material in a way that violates one of the owners exclusive rights in the copyright
Which of the following trademarks is protected by the Ted Stevens Olympic and Amateur Sports Act?
. Which of the following would constitute cybersquatting?
a. domain name registered as NYYankees.com by someone with no ownership relationship with the team
b. domain name registered as marchmadness.com by someone not affiliated with the NCAA
c. domain name registered as superbowl.com by someone not affiliated with the NFL
d. All of the above
Which of the following is permitted under the copyright law?
Which of the following is not a purpose for the antitrust laws in the U.S.?
Name the federal antitrust laws that apply to sport
a. Sherman Antitrust Act
b. Clayton Act
c. Sports Broadcasting Act
d. Curt flood Act
e. All of the above
A monopoly is when an organization shares exclusive control over the means of selling and producing a product with two or more companies
the following analysis is applied to cases involving conduct that is inherently anticompetitive.
In the green house effect, the radiation that transfers heat is infrared
If we had no atmosphere, it would be colder on earth
Methane CH4 has eight bonding electron
The chemical equation, N2 + O2 à NO3 is balanced
Ultraviolet has shorter wavelengths than infrared.
Nitrogen and oxygen are the two gases that make up the largest fraction of air
If the Molecules in the atmosphere did not vibrate, it would be colder on earth
To help the environment, it will be best for you in the future life to ignore the sulfur dioxide emissions of nearby industry.
Infrared causes skin cancer
Einstein’s equation reveals that in a nuclear reaction a small energy change gives a large mass change because the energy change is multiplied by the speed of light squared.
Carbon dioxide is the only gas in the atmosphere that absorbs infrared radiation.
Ultraviolet radiation interacts with the vibrations of molecules.
The molecule NCL3 has exactly 18 electrons that are not involved in bonding.
Hydrogen is the only atom that does not have neutrons.
Fusion is used for carbon dating.
Helium absorbs infrared radiation.
The following reactions are the initial reactions in a set of reactions that can make ground level ozone: N2+O2à2NO ; 2NO + O2à2NO2.
The charge on the proton and electron are of the same magnitude but have the opposite sign.
The neutron and proton have the same magnitude of charge, but the values of these charges have opposite signs.
The earth would be warmer if the electromagnetic radiation form the sun consisted of only visible, ultraviolet and xrays.
A decrease in the ozone concentration in the stratosphere (high up in the atmosphere) provides benefits for human kind.
In fission, though a nuclear reaction, two atoms combine to make a new one.
Nuclear power plants contribute to the global warming.
Nitric oxides, NO, NO2 can be produced by the combustion of nitrogen gas.
N acid has a pH less than 7.
The number of protons in an atom equals the number of electrons.
Global warming is not the greenhouse effect.
The two major acids in acid rain are sulfuric acid and nitric acid.
The atomic number is the total number of protons and neutrons in an atom.
When we write 235U, it means the atom uranium with the atomic number 235.
The nuclear reaction in a power plant should be controlled so it would be a good idea to use carbon rods because carbon is a good neutron absorber.
Sulfur undergoes combustion in a coal burning plant.
The chemical equation C13H28+20 O2à13 CO2 + 14 H2O is balanced.
A reactant in all combustion processes is oxygen gas.
There are exactly 8 bonding electrons and 8 electrons not involved in the bonding in the molecule S2.
A chemical species with an odd number of electrons is a radical.
In the molecule HCN there is exactly one lone pair of electrons (nonbonding) and exactly eight bonding electrons.
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