Mid-Term Exam – SMGT 505

Sport Law Midterm Exam Instructions
For this open book exam, choose any four of the following questions to answer in essay format. While you are welcome to use the course textbook, you must also support your response with at least two additional peer-reviewed sources, for each answer. Each citation must be used in the body of your answer and properly referenced per current APA format after each answer. Number your answers 1 through 4 and clearly restate the question you are answering at the beginning of the respective essay. Proper sentence structure, grammar, punctuation, spelling and general attention to professionalism is expected. 
1. Why is it important to understand what sport organizations could be deemed state actors? Provide legal case examples to support your answer.
2. The Fourth Amendment protects against “unreasonable” searches. Define and give an example of a “search.”  Describe/explain the analysis used to determine a “reasonable search” and apply to a sport organization. 
3. What does it mean to enforce a rule or policy in an arbitrary and capricious manner?  Give a specific sport, tourism, or recreation-related example.
4. Explain the four elements needed before establishing a claim under Section 504 of the Rehabilitation Act and apply to a scenario in a sport organization. 
5. Describe how the courts determine reasonable accommodations under either the ADA or Rehabilitation Act. Provide legal case examples in sport to support your answer.
6. Present situations that show how a coach can and cannot be involved in prayer before a sporting contest. Provide legal case examples to support your answer.
7. Evaluate the athletics program at Liberty University or another NCAA member institution  and explain, in detail, how you think the program is, or is not, complying with the requirements of Title IX. Provide specific legal theory and examples to support your position.
8. Is the ADEA a likely avenue of relief for professional athletes who are banned from participating in their sport because of their age?  Give specific reasons and examples to support your position. Provide specific legal theory and examples to support your position.
9. Explain the differences between copyrights, patents, and trademarks. Give specific sport, tourism, or recreation-related examples to support your answers.
10. Historically, the right of publicity only covered the use of a person’s “name or likeness.” However, the courts have now expanded the right to include other areas.  Discuss this trend in the context of your own sport and the possible implications.
11. Why is it important to distinguish between an employee and an independent contractor? And what process is used to make that distinction? Provide legal case examples in sport to support your answer.
12. Compare & contrast the common procedures of negotiation, mediation, and arbitration and apply to a scenario in a sport organization..
13. Identify a recently tried sport or recreation case.  Identify both the positive and negative arguments for using ADR vs. adjudication procedures to resolve the dispute.
Note: Your assignment will be checked for originality via the SafeAssign plagiarism tool.