Chapters 1 & 2

1. What shifts the possible financial loss to another party? (p. 18)
Risk transfer. Organizations attempt risk transfer in a number of ways, including
by procuring insurance, hiring independent contractors, and using contractual
provisions. The most common method is the procurement of insurance.
2. What is the key aspect of the preventive law plan since it involves the actual reduction
of risk? (p. 19)
All members of the organization must understand the importance of preventive
law and implement these strategies in their areas of expertise.
3. What type of approach should be taken with regard to risk identification? (p. 15)
Holistic
4. An organizations preventive law plan should be? (p. 14)
Congruent with your organizational culture
Tied to your organizations strategic planning process
5. What does risk help you determine? (p. 16)
The probability that particular risks will result in claims during a specified period
and the magnitude of the potential liability arising from such claims
6. When your organization chooses to bear the financial consequences of an activity, this
refers to what? (p. 18)
Risk retention
7. What should effective training programs do? (p. 21)
All employees should become aware of the necessity of using preventive law
strategies in all their work efforts
It should be an extension of your core values. It should be proactive and holistic
in identifying all possible exposures for your type of organization
8. What should be used only if the exposure of risk greatly outweighs the benefits of
retaining that activity or operations? (p. 18)
Risk elimination
9. What is the most common risk transfer method? (p. 18)
The procurement of insurance
10. Name the broader approach that looks at all risks that could affect an institutions
financial health. (p. 15)
Preventive law posture
Chapter 3
1. Know the advantages of a common law system founded on the principle of following
precedent. (p. 32)
The combined effects of cumulative binding precedent and stare decisis lend
uniformity, stability, and predictability to the law. This system also enables
individuals and businesses to make rational decisions about their actions with
relative certainty about the legality of those actions, and it ensures that individuals
residing in the same jurisdiction will receive similar and thus fair treatment in the
courts.
2. What options does an appellate court have when deciding on an appealed case? (p. 26)

To affirm the decision of the lower court, to reverse the decision (thus
transforming the loser into the winner), or to remand the case back to the lower
court with instructions for it to re-examine the facts in light of the appellate
courts interpretation of the legal principles to be applied
3. The burden of proof in a civil case is usually (pgs. 26-27)
Much lower. The plaintiff has only to prove his or her case by a preponderance of
the evidence
4. When can a judge grant preliminary injunction? (p. 29)
The plaintiff has a substantial likelihood of prevailing on the merits of the case
The plaintiff will suffer irreparable injury if the preliminary injunction is not
issued
Issuing the injunction will not inflict a greater injury on the defendant than the
one threatening the plaintiff
The injunction will not have an adverse effect on the public interest
5. Time-honored maxims for interpreting statutes are known as (p. 29)
Canons of statutory construction
6. Who has the ability to interpret a constitution? (pgs. 30-31)
The courts
7. What is the body of case law that has developed over time as court decisions have been
rendered and relied upon? (p. 31)
Common law; involves both a cumulative and an interpretive process
8. Other than the courts holding, what is the most important information in a case
opinion? (p. 42)
The rationale (the reasoning used by the court to justify its decision)
9. Private methods for resolving disputes without going to trial are know collectively as
what? (p. 33)
Alternative dispute resolution
10. What is another name for a one or two page summary that outlines key features of a
case? (p. 41)
Case brief
Chapter 4
1. Which perspective should you take when you begin to draft a contract or start a
negotiation? (p. 51)
Worst case scenario
2. What are the fundamental aspects of a contract? (p. 52)
Agreement- offer and acceptance
Consideration
Capacity
Legality
3. The added compensation in a coaching contract that is compensation beyond base
salary with additional benefits is known as what? (p. 61)
Perquisites (perks)

4. What is it called when an employer terminates an employment contract after an

employee has breached that contract by engaging in behavior that violates the standards
of job performance? (p. 63)
Just cause
5. Which clause restricts the ability of the employee to terminate the employment
contract early or to take a comparable job with a competitor elsewhere? (p. 69)
Restrictive covenant
6. What is the practice in which employment has no specified duration and the employer
may fire the employee at any time, for any reason or for no reason? (p. 72)
At will
7. States have passed what that protects employees from discrimination or retaliation by
their employer after reporting illegal activities committed by the employer? (p. 73)
Whistleblower statutes
8. Sometimes employees attempt to bring defamation claims against employers who
disclose unfavorable information about them. However, employers have a(n) __________
to disclose pertinent information in good faith to those who have a legitimate need for
that information. (p. 75)
Qualified privilege
9. What prohibits improper interference with existing contracts? (p. 77)
Tortious interference with contractual relations prohibits improper interference
with existing contracts
10. What is the term that refers to the legal competence of a party to enter into a
contractual relationship? (p. 52)
Capacity
Chapter 5
1. Courts have consistently held that the relationship between a university and its athletes
is one of? (p. 96)
Not employer-employee
2. Why might the doctrine of vicarious liability impose liability upon an employer for the
actions of its employees? (p. 85)
This doctrine is based on the belief that the employer generally receives the
benefits of its employees actions; therefore, when the employee does something
that is not beneficial, the employer should also bear that responsibility. It is also
predicated on the employers ability to control employees and to procure
insurance that covers the actions of employees
3. The general rule of respondeat superior provides that an employer will be responsible
for the acts of the employee so long as the acts are done (p. 85)
Within the scope of employment, to advance the business of the employer
4. The basic issue with negligent hiring is whether a manager did what? (p. 88)
Acted reasonably in choosing a particular person to fill a position
5. In some cases, an employees intentional tort may be considered to be within the scope
of employment because the employer has done what? (p. 85)

It is of the kind he is employed to perform; it occurs substantially within the

authorized time and space limits; and it is actuated, at least in part, by a purpose to
serve the master
6. When determining negligent retention, what is the underlying question? (p. 90)
Whether a manager acted reasonably in retaining an employees services
7. What is the prime factor when courts are determining whether a party is an
independent contractor? (p. 92)
The independent contractor is hired to produce a certain result but is not
controlled as to the method in which he obtains that result
8. What is the theory that is the exception to the rule of nonliability for the actions of an
independent contractor? (p. 94)
Based on the theory of negligent selection, a concept closely analogous to
negligent hiring
9. Why is employees intentional tort usually outside the scope of employment? (p. 86)
Usually undertaken to serve the employees own interests, not to benefit the
employer. Therefore, the general rule of respondeat superior does not usually
apply to cover intentional torts
10. When is an organization vicariously liable for the actions of a volunteer? (p. 96)
Whether the organization exerted sufficient control over the actions of the
volunteer in terms of the day-to-day execution of the volunteers responsibilities
Chapter 6
1. What was the central issue in the Anderson v. Little League Baseball case? (p. 127)
The national little league imposed a policy forbidding people in wheelchairs from
coaching the bases after a coach confined to a wheelchair had done so for three
years prior without any incidents
2. What are the two theories of liability for employment discrimination under Title VII?
(p. 107)
Disparate treatment applies when an employer has intentionally discriminated
against a member of a protected class
Disparate impact theory is used when an employers neutral employment practice
has had a discriminatory effect on a protected class of which the plaintiff is a
member
3. A defendant in a disparate treatment lawsuit must offer proof that the plaintiff was
rejected what? (p. 108)
Some legitimate, non discriminatory reason (SLNDR)
4. When a plaintiff challenges a neutral hiring rule by bringing statistical evidence of its
negative effect on members of a protected class in a relevant workforce pool, she is
relying on a Title VII theory of liability known as what? (p. 111)
Disparate impact
5. The bona fide occupational qualification (BFOQ) defense is available under Title VII
for claims of employment discrimination based on what? (p. 114)
Gender
6. The McDonnell Douglas burden-shifting test is the analytical framework for deciding
employment-discrimination lawsuits under what law? (p. 108, p. 119, p. 125)

 Title VII
7. The law that requires that women receive equal salaries as men for doing work that
requires equal skill, effort, and responsibility, and that is performed under similar
working conditions, is known as what? (pgs. 129-130)
Equal Pay Act of 1963
8. What law prohibits terminating a female employee because she is pregnant? (p. 132)
Pregnancy Discrimination Act (PDA)
9. The EEOCs Enforcement Guidelines on Sex Discrimination in the Compensation of
Sports Coaches in Educational Institutions indicate that the sex of the athletes being
coached does not justify a salary disparity between the womens and the mens basketball
coaches when the institution has done what? (p. 132)
Has distributed marketing and promotional resources evenly
10. In the area of sex discrimination, whom does Title VII protect? (p. 106)
Women and men
Chapter 7
1. What must happen for a court to find that hostile environment sexual harassment has
occurred? (p. 142)
The frequency of the offensive conduct
The severity of the offensive conduct
Whether the conduct is physically threatening or humiliating or merely an
offensive utterance
Whether the conduct unreasonably interferes with an employees work
performance
2. What are the two types of sexual harassment recognized under Title VII of the Civil
Rights Act of 1964? (p. 141)
Quid pro quo harassment- pay raise or promotion upon an employees willingness
to engage in sexual behaviors
Hostile environment harassment- employee subjected to repeated unwelcome
behaviors that do not constitute sexual bribery but are sufficiently severe and
pervasive that they create a work environment so hostile that it substantially
interferes with the harassed employees ability to perform
3. An employee who worked at the Space Mountain Ride at Disney World and who had
recently died her hair green and gotten it spiked wants to sue Disney Corp. for violating
her First Amendment freedom of speech after the company fired her for violating their
grooming code rule. Can she win this lawsuit? (p. 150)
No. Courts have generally ruled that employers may impose reasonable rules
governing the appearance of their employees without running afoul the sex
discrimination provision of Title VII.
4. What is quid pro quo sexual harassment? (p. 141)
A pay raise or promotion upon an employees willingness to engage in sexual
behaviors
5. What prohibits employer retaliation against employees who seek justice when faced
with discrimination? (p. 149)
Title VII and Title IX

6. What must be present to file a claim under Title VII, with regard to using racially
charged words? (p. 146)
Proof that a supervisor used racially charged words against an employee, such as
nigger and black boy
7. What is a matter of public concern, as it pertains to free speech? (p. 151)
Content form and context of the speech
8. Title VII may provide a remedy for harassment on the basis of what? (p. 157)
Religion
9. Under Title VII, why is discrimination on the basis of religion treated differently from
the other protected classes? (p. 158)
The employer is required to make a reasonable accommodation for the
employees religious practice unless doing so would cause undue hardship
10. Why might a director not ignore the cultural differences of her employees related to
ethnicity or religion? (p. 160)
She cant ignore it
Chapter 8
1. What does the FLSA regulate and require? (p. 166)
Eliminate labor conditions detrimental to the maintenance of the minimum
standards of living necessary for health efficiency and general well being of
workers
2. According to the FLSA, what are the maximum working hours per week and minimum
wage currently established in the United States? (p. 167)
$7.25; 40 hours per week. Then overtime kicks in
3. What is the critical time period for purposes of calculating overtime requirements
under the FLSA? (p. 168)
The work week, 168 hours and 7 consecutive days
4. According to the salary basis test for determining whether an employee is exempt as an
administrative professional, what must the employer demonstrate? (pgs. 169-170)
The employer must be paid a set sum of money for each work week regardless of
the number of hours actually worked
5. If a sport organization is going to use interns (without pay) in their operations, it
should do what? (pgs. 176-177)
Keep the internship closer to a classroom and educational setting
6. What are the two primary functions of OSHA? (p. 182)
Setting standards
Conducting inspections to ensure that employers are providing safe and healthful
work places
7. What is the part of OSHA that requires that each employer furnish a place of
employment that is free from recognized hazards? (p. 182)
General Duty Clause
8. The essential elements of a workers compensation claim require that a compensable
injury must have occurred, the injury must arise out of employment, and? (p. 186)
Accidental

9. Professional athletes efforts to seek workers compensation benefits in states other than
those in which they reside has been curtailed using what type of contractual provision
found in most player contracts? (p. 190)
Choice of law clause in which the parties agree that any disputes will be resolved
in a certain state according to that states law
10. Why have most college athletes have been unsuccessful in recovering workers
compensation benefits? (p. 192)
Student athlete is not an employee of the university and therefore is not entitled to
seek workers compensation benefits if injured while performing as a student
athlete for the university
Chapter 9
1. What important changes occur in the workplace once a union has been certified as the
exclusive bargaining representative for employees? (p. 211)
The duty of fair representation requires that a union represent all employees in the
bargaining unit fairly, even if the employees are not union members
2. Once a union is in place, what is the managements responsibility regarding collective
bargaining? (p. 210)
Management must engage in collective bargaining over mandatory subjects of
bargaining or risk being charged with an unfair labor practice under NLRA act
3. What is management NOT obligated to negotiate with the union over? (p. 210)
Permissive subjects
4. What are the rights granted by the National Labor Relations Act? (p. 210)
The right to join or assist unions; duty of fair representation
The right to engage in collective bargaining through a representative of ones own
choosing
The right to engage in concerted activity for ones own mutual aid and protection
5. The right to engage in concerted activity set forth in the NRLA does not give
employees the right to do what? (p. 211)
Any activity that interferes with the employers ability to conduct business with
customers or that leads to violence. In addition, the right to strike is recognized
only over mandatory subjects, not permissive subjects for bargaining
6. What are the steps in the grievance process? (p. 231)
An employee discusses a grievance with the union rep or steward or reports it
directly to a supervisor
If the union rep and the employee agree the grievance has merit, they submit
written grievance
The union rep and a management rep attempt to resolve the grievance
The grievance may be heard before a committee to assist the two sides in
resolving the dispute
An arbitration hearing is held and an independent arbitrator or panel of arbitrators
renders a decision
7. What happens when employees file authorization with the NRLB? (p. 208)

It evaluates whether the employees seeking an election are an appropriate unit for
bargaining
8. Is the following statement true or false? Certifying workers in appropriate bargaining
units allows disparate working groups to join together to form a union. (p. 208)
True
9. When are unions held liable for errors in judgment? (p. 211)
Cant find answer
10. Who can negotiate to impasse? (pgs. 214-215)
Either party