1. the Fourteenth Amendment of the U. S. Constitution and Title IX of the Education

1. The Fourteenth Amendment of the U. S. Constitution and Title IX of the Education Amendments of 1972 are the two most frequently used tools to judicially increase gender equitable participation in sport. *a. T b. F

2. High level scrutiny, you must show that the discrimination was rationally related to a legitimate state interest. a. T *b. F

3. Race and nationality face mid/intermediate level scrutiny. a. T *b. F

4. Gender, age, and disability has been elevated from mild/low to a mid level scrutiny test. *a. T b. F

5. Each institution can decide whether to appoint a Title IX officer. a. T *b. F

6. Title XI applies only to sport cases in education. a. T *b. F

7. You most meet all three prongs of the Title IX test in order to meet Title IX. a. T *b. F

8. In order to succeed under the EPA, the plaintiff must prove that the employer paid different wages to an employee of the opposite sex for equal or “substantially equal” work. *a. T b. F

9. In 1987,the Civil Rights Restoration Act changed the interpretation of title IX from an institution-wide approach to a program-specific approach. a. T *b. F

10. In determining if coaching positions are equal, you can only compare coaches of like sports. a. T *b. F

11. Title VII only covers discrimination in the workplace. *a. T b. F

12. The American with Disabilities Act of 1990 is limited to facility accessibility issue. a. T *b. F

13. A disability must substantially limit one or more major life functions. *a. T b. F

14. An undue hardship is an action requiring significant difficulty or expense. *a. T b. F

15. A copyright gives the owner of the work exclusive right to copy, reproduce, distribute, publish, perform or display the work. *a. T b. F

16. Copyright protection exists before the work is fixed in a tangible form. a. T *b. F

17. The copyright owner holds the right to public distribution. *a. T b. F

18. Copyrighted material can always be used without permission if it is for educational purposes. a. T *b. F

19. The broadcast, by radio or television, of a live sporting event is eligible for copyright protection. *a. T b. F

20. Trademark law affords protection to the owner of a name or emblem. *a. T b. F

21. Ownership of a mark rests on registration and not adoption and use. a. T *b. F 22. An example of an inherently distinctive mark is “Nike. ” *a. T b. F

23. Trademark law rests on the principle that the owner must “use it or lose it. ” *a. T b. F

24. An abandoned mark may be claimed and used by the public at large. *a. T b. F

25. In 1961 Congress passed a law exempting sports leagues national TV deals from antitrust liability. *a. T b. F

26. Injured parties under part one of the labor exemption tests may not include past players. a. T *b. F

27. To raise labor exemption as a defense to an antitrust challenge, the subject being contested on antitrust grounds must be a mandatory subject for bargaining. *a. T b. F

28. All bonuses paid to an athlete for performance on the field of play, whatever that field may be, are considered wages and must be withheld for tax purposes. *a. T b. F

29. The Tax Reform Act of 1986 established tax shelters design to help the players save money on their final tax bill. *a. T b. F

30. An athlete, who travels from event to event, never establishing a tax home, cannot deduct their travel expenses from their gross income. *a. T b. F

31. States and cities cannot tax the athlete for playing within their jurisdictions, that is the job of the federal government. a. T *b. F 32. The per se rule condemns practices that are entirely void of redeeming competitive rationales and creates a presumption of a Sherman Antitrust violation for certain types of behavior. *a. T b. F

33. Under a rule of reason analysis, an agreement to restrain trade may still survive scrutiny under Section 1 if the procompetitive benefits of the restraint justify the anticompetitive effects. *a. T b. F

34. A qualified amateur sports organization is one that is permitted to provide athletic facilities and equipment. *a. T b. F

35. The Internal Revenue Service classifies an organization as either totally taxable or totally non-taxable. a. T *b. F

36. If unrelated business income becomes too high a portion of business operations then that organization can lose their tax-exempt status. *a. T b. F

37. Due to the high profit motive and the possibility of unfair competition, the selling of merchandise is not subject to UBIT. a. T *b. F

38. All of the states in the United States currently have legislation that directly speaks to sport agents. a. T *b. F

39. State legislatures are required to adopt a proposal made by the NCCUSL. a. T *b. F

40. According to Title I of the ADA no covered entity shall discriminate against a qualified person based on: a. Age b. Sex c. Race d. Disability 41. Reasonable accommodation under the ADA includes a. Modified work schedules b. Reassignment to a vacant position c. Acquisition or modification of equipment or devices d. All of the Above

42. Copyright Law protects the owners right to a. Reproduction b. Public distribution c. Public display d. All of the Above

43. Which of the following is not a category covered by copyright protection a. Literary works b. Motion pictures c. Facts d. Dramatic Works

44. To be eligible for copyright protection a work must be a. Original b. Be in a tangible form that can be reproduced c. Registration d. A & B only

45. Patent law is designed to protect a. Laws of nature b. Abstract Ideas c. New and useful process d. Natural phenomena

46. Patents can be obtained for a. Shoe designs b. Baseball pitches c. Golf club grips d. All of the Above

47. When looking at consumer confusion for trademark cases, the courts examine a. Evidence of actual confusion b. Strength of plaintiffs mark c. Similarity of marks d. All of the Above

48. A trademark lasts for a. 17 years b. 50 years c. Lifetime of creator d. Indefinitely

49. An example of an abandoned mark is a. Brooklyn Dodgers b. Nike c. Spalding d. A & C only

50. A Trademark is abandoned after a. 50 years b. It has been discontinued with no intent to resume use c. When a mark becomes generic d. B & C only

51. Which league has the lowest retail sales in comparison to other professional leagues? a. NFL b. MLB c. NHL d. NBA

52. What league has the highest retail sales in comparison to other professional leagues? a. NFL b. MLB c. NHL d. NBA

53. The purpose of the Sherman Antitrust Act passed in 1890 is to a. Encourage monopolies b. Held labor unions c. Break up business trusts and monopolies d. Help monopolies do business

54. In which court case did baseball players contend that the player reserve system was in violation of federal antitrust law? a. Toolson v New York Yankees b. Federal Baseball Club of Baltimore, Inc v National League c. Both a and b d. Neither a or b

55. The Curt Flood Act: a. Subjects the business of baseball relating to or affecting the employment of major league players to the antitrust laws. b. Subjects the entire business of baseball to antitrust laws. c. Subjects baseball’s business relationship with minor leagues to antitrust laws d. Subjects the baseball's relation’s minor league player’s reserve clause. 56. Which of the following provides the best cause of action for an employee that feels she has been sexually harassed? a. Due Process Clause b. Equal Protection Clause c. Title VII d. Title IX

57. An employer conditions an employee’s promotion on whether the employee will date the employer. This is an example of: a. quid pro quo sexual harassment b. hostile environment sexual harassment c. an idle threat d. none of the above

58. An employer is constantly making sexually suggestive comments to an employee. When would this behavior be considered “hostile environment”? a. this would always be hostile environment sexual harassment b. if the sexually suggestive comments were unwelcome c. if the sexually suggestive comments unreasonably interfered with the employee’s work performance d. only if b and c are present

59. Under Title VII, using agency principles, an employer is liable for hostile environment sexual harassment by a co-worker if: a. the employer knew about the misconduct b. the employer did not take immediate and appropriate corrective action c. the employee followed the employer’s policies and procedures d. all of the above are satisfied

60. A school is liable for peer or third party sexual harassment under which of the following conditions? a. the school officials had actual knowledge of the relationship b. the school officials were deliberately indifferent to the reported relationship c. both a and b must be present d. none of the above

61. Athletic markets that have been affected by anti-competitive actions include: a. Student Athletes b. Television c. College Coaches d. All of the above

62. What test condemns practices that are entirely void of redeeming competitive rationales and creates a presumption of a Sherman Antitrust violation for certain types of behavior? a. Rule of reasoning b. Per se rule c. “Quick look” rule of reasoning d. All of the above

63. The Age Discrimination in Employment Act (ADEA. prohibits age discrimination in employment against employees and job applicants: a. of any age b. 40 years of age and older c. 50 years of age and older d. 65 years of age and older

64. The agency that is primarily responsible for the enforcement of The Age Discrimination in Employment Act (ADEA. is the : a. Civil Rights Center b. U. S. Department of Labor c. Equal Employment Opportunity Commission (EEOC. d. American Association for Retired People (AARP.

65. If the plaintiff prevails in an age discrimination claim under the ADEA, all the following remedies are possible EXCEPT: a. back pay b. reinstatement c. front pay d. treble damages

66. Under the ADEA, the term used to describe when the defendant is able to show that age is a legitimate factor to consider with respect to the performance of that particular job is: a. pretext b. Bona Fide Occupational Qualification (BFOQ. c. systemic disparate treatment d. other reasonable factor besides age.

67. The name given by the EEOC to state agencies that govern age discrimination claims within that state is: a. FEPAs b. Civil Rights Councils c. OWBPA’s d. SEEOC’s.

68. Which state is the only state that currently requires an agent to pass a competency exam prior to receiving a license? a. Florida b. New York c. Massachusetts d. California 69. Which state first passed formal legislation regulating the activities of sports agents? a. Florida b. New York c. Massachusetts d. California

70. Which of the following is not a function of the professional sports counseling panels that the NCAA authorizes and encourages its member institutions to establish? a. Review a professional sports contract b. Assist student-athletes with career choices c. Securing competent agent representation d. All are functions of such panels

71. Of the four main professional sports leagues players’ associations, which was the first to adopt a player-agent certification program? a. NFLPA b. MLBPA c. NBAPA d. NHLPA

72. Which of the following is not a function of a trademark? a. Identifies a seller's goods b. Indicates that goods are of a certain quality c. Tells counterfeiters they must avoid using the particular name or logo d. Assists in selling particular goods

73. The strongest trademarks are a. arbitrary or fanciful marks b. suggestive marks c. descriptive marks d. generic marks

74. "NHL" is what type of mark? a. service mark b. generic mark c. collective mark d. arbitrary or fanciful mark

Answers: 40. D 41. D 42. D 43. C 44. D 45. C 46. D 47. D 48. D 49. A 50. D 51. C 52. B 53. C 54. C 55. A 56. C 57. A 58. D 59. D 60. C 61. D 62. D 63. A 64. C 65. D 66. B 67. A 68. B 69. A 70. D 71. D 72. C 73. A 74. C