SPMA 2P96 Lecture Notes - Lecture 2: Glossary Of Tennis Terms, Mens Rea, Revenue Sharing
SPMA 2P96 – Sport Law
January 16, 2018
Sport Specificity
What is Sport Specificity?
• The law does not always apply to sport as it does to other cases
• Sport law is unique, which further leads to the idea of sport law being its own area of
law
• Law would be applied differently in a classroom than it would be on a sports field
Does sport receive special exemptions from the law?
• Yes, in many cases
• “oe possile eeptios…
o Fighting in hockey
o Boxing
o Labour laws (being drafted restricts the right of freedom and movement)
o Privacy (drug testing)
(1) Administrative Law
• Allows governing bodies to set their own disciplines or rules
• Doping in sport is an example
• Can argue that it is not just an exemption in sport though
• Strict liability – do not require the proof of intent (mens rea)
o Reverse onus – the guilty party is in control of proving themselves innocent
• Mens Rea – the guilt id
o Most offences require this
(2) Privacy Law
• A body of law that protects us from invasions on our privacy
• Do athletes have their right of privacy violated?
o Often comes up in the context of doping
o Urine sample test
• No known cases of athletes fighting a urine test as a privacy violation
• Whereaouts ‘ule
o Athletes must inform WADA agents of their whereabouts at least a day in
advance for 90 days during the offseason
• General athlete information
o Athletes reords ad geeral iforatio traels ith the eerhere the go
(3) Human Rights Law
• Has been challenged that sport has a special exemption
• 2010 Winter Olympics
o Females were not allowed to compete in ski jumping
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