Present an argument and stand on the position of overturning the Antitrust Exemption in the sport of baseball. There should be a total of 1,100 words, four court case examples that support this position, and 2 supporting documents about the topic. MLA Format and sources should be cited correctly.
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022 SMGT-430-A > Assignments > Legal Issues 2
Legal Issues 2
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Due Sunday by 11:59pm
Points 100
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Read the attached directions.
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Prepare and submit the following:
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• Case Precedent – Provide at least four cases that either support your position in the case or shed light on your position. The
cases may be either directly related to the case as a whole or a critical issue or component of your case. Summarize the key
facts and apply the facts to the law as presented in the case. Additionally, provide a synopsis of the relevance of your
scenario to the chosen case.
•
• Supporting Documents – Provide information from the real world in support of your case. Sources might include agency
policies and procedures, industry or commurity practice, position statements from professional associations, federal
regulatory standards, state laws, municipal rules and regulations, expert opinion, and other sources of documentation or
evidence to support your case. This is a critical component for your project.
• Argument Position – Prepare the statement in written form. When presenting in class, you do not have to necessarily
present it word for word.
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As indicated in the directions, the statement should include a persuasive argument about why and how the facts support
the cause of action or defenses. Opening arguments should be include case precedent and real world ramifications.
Length should be 6 – 8 minutes. Do not exceed 8 minutes. Point deductions will be assessed for any submission under 7
minutes or in excess of 8 minutes. (This is an update to provided directions.)
Rebuttal – Prepare the rebuttal in written form. When presenting in class, you do not have to necessarily present it word for
word. Rebuttal is limited to 2 minutes.
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Decision-making skills: Students are forced to make decisions about the outcome of cases that
can go either way. This requires students to make intelligent choices about facts that are most
relevant given the type of case involved.
Enjoyment: Students enjoy the challenge of making arguments and the interaction with the
instructor and other students in the class.
The moot court scenarios in each chapter are based on concepts and theories that illustrate certain
points of law. Students will enjoy these scenarios and the moot court experience, and students will
improve their understanding of the law as it applies to sport.
Conducting the Moot Court
Each moot court case is unique to the subject matter of the respective chapter and helps students
understand topics presented in the chapter.
From J.O. Spengler, P.M. Andersen, D.P. Connaughton, and T.A. Baker, 2016, Introduction to sport law instructor guide, second
edition (Champaign, IL: Human Kinetics).
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Procedure: The basics of legal procedure (i.e., order of presenting cases) will be utilized. This
enables the scenarios to run more smoothly. The following represents the basic order:
O Opening arguments (plaintiff, then defendant)
Rebuttal (plaintiff, then defendant)
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enables the scenarios to run more smoothly. The following represents the basic order:
Opening arguments (plaintiff, then defendant)
Rebuttal (plaintiff, then defendant)
Q&A
。 Judgment
Moot court events: The following is a list of items for conducting the moot court.
Opening statements: It is suggested that both plaintiffs and defendants make opening
statements before the court (class) and submit these statements to the instructor in
written form. The statements should include the cause of action (if plaintiff), the legal
defenses (if defendant), and a persuasive argument about why and how the facts
support the cause of action or defenses.
Rebuttals: It is suggested that students make a closing statement covering the proof
offered in the case. This might also be submitted in writing.
Q&A: The instructor will ask questions at the end of rebuttals. The instructor will then
weigh the evidence presented. Their decision should be based on the facts presented in
light of the legal issues and rules relevant to the case.
Legal Issues Assignment
Each group has been given a hypothetical legal issue. Your assignment requires both a written product
and presentation. You will need to determine the causes of action for each lawsuit and make your case
as a representative for your side (designated as defendant or plaintiff).
Organize your project paper and presentation to address the following topics:
I. Opening Arguments and Rebuttals (25 pts)
Write your opening and potential rebuttal arguments, including your cause of action (plaintiff) or
primary defenses (defendant). Incorporate elements of the cause of action (e.g., negligence: duty,
breach, causation, and injury) or defenses (e.g., comparative fault, assumption of risk). Rebuttals should
anticipate the position of the opposition. This requires understanding both sides of an issue.
Opening arguments should be 8 minutes in length. Points will be deducted for each minute over or
under 8 minutes.
Rebuttals will be limited to 2 minutes.
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II. Case Precedent (25 pts)
Provide at least four cases that either support your position in the case or shed light on your position.
The cases may be either directly related to the case as a whole or a critical issue or component of your
case. Summarize the key facts and apply the facts to the law as presented in the case. Additionally,
provide a synopsis of the relevance of your scenario to the chosen case.
III. Supporting Documents (25 pts)
From J.O. Spengler, P.M. Andersen, D.P. Connaughton, and T.A. Baker, 2016, Introduction to sport law instructor guide, second
edition (Champaign, IL: Human Kinetics).
Provide information from the real world in support of your case. Sources might include agency policies
and procedures, industry or community practice, position statements from professional associations,
federal regulatory standards, state laws, municipal rules and regulations, expert opinion, and other
sources of documentation or evidence to support your case. This is a critical component for your
project. This will be due the day of your moot presentation and should be included in your case. (Note:
Include a copy of your source in addition to a typed summary of your findings.)
IV. Legal Issues Presentation (25 pts)
You will be graded on the quality and creativity of your arguments and questions and reasoning. The
issue of importance is process. Do not base your argument on a procedural matter that might ultimately
determine the outcome of the case.
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Legal Issues Instructions
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The moot court is an excellent teaching tool for instructors of undergraduate legal liability courses.
Classes in legal issues in recreation and sport provide an excellent opportunity to employ the case
method of learning, which facilitates active and reflective learning and results in the development of
critical-thinking and problem-solving skills. At its core, legal cases are stories about people in trouble.
Through critical thinking and problem solving, students figure out what went wrong and how to fix it.
They experience the role of an expert witness in a case and are better able to understand how this
person might interact in support of or in opposition to their side. Students also must seek out
information that will aid them in arguing their cases, which in turn teaches them how to research
subjects of relevance to their issues and apply this information to their cases and shape their legal
arguments. Additionally, they develop risk management skills to improve the safety of the programs and
services they may someday manage, thereby decreasing their risk of liability.
Students benefit greatly from the use of moot court scenarios in sport and recreation courses. Following
are some of the benefits for students:
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Public speaking: Students have the opportunity to improve their public speaking skills by orally
presenting their cases in front of the class.
Knowledge of legal procedure: Students must learn the basics of how a courtroom is run. For
example, they must know the order of presenting a case for the plaintiff and defendant and the
types of questions they would be allowed to ask a potential witness in a court of law.
Making sound arguments: The moot court experience provides students with a fun and
challenging forum for making reasoned arguments. The experience encourages critical thinking
and the ability to make intelligent arguments.
Thinking on their feet: Moot court helps students learn how to process information quickly
when faced with unexpected information or events. Students must be able to think on their feet
when faced with unexpected answers from a witness.
Decision-making skills: Students are forced to make decisions about the outcome of cases that
can go either way. This requires students to make intelligent choices about facts that are most
relevant given the type of case involved.
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