SPM 301 FINAL EXAM

Name: ______________________________________

SPM 301 FINAL EXAM

Summer 2010

This exam must be done independently.

Identify each term (1 pt. each)

Bob Woolf:

Bob Woolf was a leading Boston-based sports lawyer who died in 1993. He negotiated headline contracts for some of U.S.A's most renowned athletes and entertainers. Earl Wilson became Woolf's first client in 1965, and by 1971 Woolf abandoned law practice and focused on legal representation of athletes and entertainers. By 1992, Woolf had negotiated more than 20,000 contracts (The New York Times, 1993).

Option Clause:

The option clause is a contractual clause in athletic contracts which gives one party the right to renew the contract within the specified term. Sporting agreements often consist of a clause in which the team may opt to renew an athlete's contract for a fixed amount of time. The team, however, has no legal obligation to exercise this option, hence the name “option” clause.

No-cut Clause:

A no-cut clause refers to a clause binding the athlete to the team for the period of the contract's validity. This implies that the athlete cannot be removed from the team during the specified period. Since sports are dynamic, based on physical health and ability, such a rigid clause is usually excluded from conventional athletic contracts (Helewitz & Edwards, 2003).

Malpractice:

Malpractice refers to any illegal professional action or activity, largely as a result of negligence. Malpractice is most legally binding when committed by a healthcare professional, lawyer or public service official. The four pillars of malpractice include duty, dereliction, damage and cause (Davis, 2004). The judge and jury make use of these four pillars to determine malpractice in every unique case.

Invitee:

An invitee is an individual invited to a property whose presence may benefit the occupant of that property. The owner owes the invitee a substantial amount of care. The invitation does not have to be personal. For instance, fans who buy tickets to enter a stadium are also considered invitees.

Parole of Evidence:

The parole of evidence is the principle that a preexisting commitment must not be used as evidence so that it juxtaposes or modifies preexisting terms of a written agreement. Parole can refer to an oral, or even written, agreement that is not relevant to the original written agreement. The parole evidence rule exists to safeguard the contract's terms.

“Juice”:

“Juice”, alternatively known as Vigorish or 'Vig', is the commission paid in sports betting to bookmarkers on failure to predict a particular team's winning or losing. It is usually paid in percentages on the total amount betted.

SPK:

The Standard Players' Contract (SPK) is a standardized contract underlining athletes' fundamental rights in a contract with an agent through a Standard Representation Contract (SRK).

In regards to employer based sport, what six things will a court look at in a worker's compensation case? (3 pts.)

Courts will look at:

Wage-replacement compensation payment.

Nature of the injury, for instance, work-related injury.

Whether the compensation payment is made in the allowed legal time.

Compensation for past and potential financial losses caused by the injury.

Payment and/or reimbursement for medical bills or ...