OVERVIEW OF THE LEGAL SYSTEM

 “Ladies and gentleman of the jury: We are gathered here today because a young athlete has suffered severe and permanent injury as a result of her coach’s failure to exercise the degree of care that she owed to the members of her team. The coach was negligent. Because of this negligence, Margaret Quinn has been made to suffer physical and mental discomfort, extensive medical bills, and severe permanent disability. Only you can compensate Margaret for the needless damage that she suffered as a result of the unprofessional and improper actions of her coach”  More and more people are turning to the courts as a means of compensation for wrongs which they claim to have suffered because of the actions of others  Much of our daily lives are affected by law  The legal process is designed to protect the rights of every single person  Understanding the law as it applies to sport and physical activity is essential to properly plan events

 Law is a complex system of principles or rules established and enforced to regulate human behavior  Elements of law can be found in almost aspect of American society  In sports there are many issues such as who may participate, how a program is governed and the rights and responsibilities of those participating, and running the activity  There are three sources of law  Common Law  Codified Law  Case Law

 Common law is composed of legal principles originally based upon judicial decree which through time and usage have become accepted by the courts  These laws are discussed and refined in today's courts and are at times nullified  Though old concept of these laws are legally applicable today, unless taken over by appropriate codified or case law

 Refers to specific laws and regulations made by the legislative branches of the government  Statutes  Are laws made by the Congress and state legislatures  Ordinances or codes  Are laws made by the lower levels of government  Many of our day to day activities fall under these laws and can be repeated at the federal, state and local law

 State vs Federal law  In the case where the state and federal laws are different most of the time the federal law will take precedence  State law take precedence if they are more restrictive than federal laws, and do not conflict with the intent of the federal law  The same applies to the local law. Laws enacted by a municipality may be stricter than, but not contravene those of the state, or federal governments  Many day to day operations of government are controlled by administrative regulations  Various governmental agencies have the authority to develop and enforce policies, rules, and regulations for activities under their control  feature=related feature=related   ature=related ature=related

 Legal precedent is used to establish the day to day application of the law  This concept is in the legal doctrine of “stare decisis”  This means they will consider how the courts have decided on similar cases  When a court makes a decision it establishes a precedent that guides the courts of equal or lower standing on future decisions in similar cases  watch?v=pc67QVRxz58 watch?v=pc67QVRxz58

 In the American legal system people are free to define their legal relationship, including rights and obligations of the participating individuals or groups by agreements called contracts  Are legal enforceable and a failure to fulfill the demands of the contract that result in damages to one of the parties involved may result in legal action  Almost all sport and physical activity programs establish rules and regulations regarding competition  Can run into problems if conflict with existing law or organization take action that conflict with their own rules

Laws are divided into two major categories  Criminal Laws regulate conduct and are enforced by the government body that enacted them  Violations result in action by the government aimed at some form of punishment  Classified according to the level of severity  Felonies are the most severe including rape, murder, assault, and robbery  Misdemeanors are lesser criminal offenses such as speeding, simple assault, disorderly conduct and vandalism  In court the government must prove its case against the defendant beyond any reasonable doubt

 Civil laws regulate interactions between individuals or groups  When one person feels wronged by another  Unlike criminal cases civil action is brought on when one person feels wronged by another  In court the jury will be asked to decide if the plaintiff has on the whole presented sufficient evidence in support of their claim  Sufficient evidence means more likely than no the plaintiffs version is true  Charges can end up being both criminal and civil   QM QM

 At common law a person has a legal right to bring a lawsuit under two separate legal theories  Contract  Actions for violation against a contract  Tort  A legal wrong that someone may seek compensation for

 A person who believes they have suffered an injury or loss because of another person has 3 options 1. Do nothing. People could be unaware of their rights or do not wish to get involved with the legal system 2. Attempt to correct the problem themselves by contacting the administration or insures. The administrators would then determine if they needed to compensate or deny the individual. This would usually be determined by how the situation would do in courts 3. Seek the advise of an attorney. The attorney would view the complaint and either agree to represent the client not.

 If the attorney decides to seek compensation through the courts they would file a complaint or petition. This is a formal document that initiates a civil suit  The complaint would state what the facts about the plaintiff (injured party) and then state the damages of the defendant  The defendants attorney then files an answer usually denying the allegations and gives the facts supporting the defendant  After these have been filed the case goes into the discovery phase where the lawyers use interrogatories, depositions and request for physical evidence to support the claims of their client

 Interrogatories  Written questions sent by the attorney that the other party must answer fully under oath  Deposition  A pretrial testimony of a witness that is taken in response to legal order. Usually both lawyers are present and a court stenographer  Physical evidence  Could be equipment being worn at the time of injury, or written items such a lesson plans, accident reports, and medical records

 Once all of the facts have been given, both sides have the chance to look over the material and decide what their next step is going to be  One of the next steps can be a settlement where the defending party offers a payment to try and make the other side happy and avoid an expensive time consuming trial  Can go to arbitration and use an outsider to make the monetary amount, but once its decided its set in stone  If either party does not wish to settle then they can go to trial where a jury decides the case  In court they will use physical evidence which could be medical reports, incident reports etc.  Fact witnesses are called on to testify what they saw  Expert witnesses are used to share their knowledge on what should have been done, or the professional standards that should have been used