Aviation Law

The Constitution of the United States is empowered with the sovereign authority of the people thanks to which amendments?

Unlike most tort claims, a claim for fraud must be pled with _________?

inter alia

The powers of each branch of the U.S. government which are not assigned, are

The Bill of Rights are the same as which Constitutional Amendments?

One of the writings the Constitution Bill of Rights was based on was the what?

No state may deprive any person of life, liberty, or property without due process of law is the basis for which amendment?

The system of government which divides powers between two levels such as Federal and States is called what?

The Constitution contains a laundry list of delegated powers. Those which are not enumerated go to whom?

Article six of the constitution stated that the U.S. would honor its debts and what else?

The FAA operates under which Federal Cabinet Department?

Laws are created to maintain order, protect rights, establish standards, and ???

If you have a drivers license from Florida and are driving in Georgia, you are legal to do so because of Article IV of the Constitution

________________is also called regulatory law and includes rules and regulations made by the FAA, for example.

The Bill of Rights was partially based on (MC)

A trial without a jury is

The Constitution of the United States is (MC)

The Federalist Papers (MC)

The supremacy Clause (Article 6) stated that (MC)

A person or business that files a formal complaint with the court is called the

The FAA is organized under

The Constitution of the United States is empowered with the sovereign authority of the people

The ____________________ of 1970 placed the agency in charge of a new airport aid program funded by a special aviation trust fund and made FAA responsible for safety certification of airports served by air carriers.

The ______________ Act of 1925 facilitated the creation of a profitable commercial airline industry and airline companies

Congress writes on Organic Statute which

The purpose of agency existence is

The Act that charged the Secretary of Commerce with fostering air commerce in 1926

Prior to enacting a new rule or regulation, the FAA must first publish a notice about the proposed rule and accept comments about it and respond to any substantial comments.

In 1934, the Department of Commerce renamed the Aeronautics Branch the Bureau of Air Commerce to reflect the growing importance of aviation to the nation.

One of the primary responsibilities of the Litigation Division of the FAA is

On November 1, 1958, retired Air Force General Elwood "Pete" Quesada became the first Federal Aviation Agency Administrator. Sixty days later, on December 31, the Federal Aviation Agency began operations.

FTCA stands for the

When considering Administrative Law, it is important to know that an agency can also be a part of another agency such as the FAA and the DOT

The modern age of powered flight began in 1903 when who made the first sustained, powered flight on December 17 in a plane he and his brother Wilbur built?

What Act facilitated the creation of a profitable commercial airline industry, and airline companies such as Pan American Airways, Western Air Express, and Ford Air Transport Service began scheduled commercial passenger service?

What legislation charged the Secretary of Commerce with fostering air commerce, issuing and enforcing air traffic rules, licensing pilots, certifying aircraft, establishing airways, and operating and maintaining aids to air navigation?

What legislation established the independent Civil Aeronautics Authority (CAA), with a three-member Air Safety Board that would conduct accident investigations and recommend ways of preventing accidents?

Under what cabinet department does the FAA fall?

When did nineteen radical Islamic extremists with the group al Qaeda penetrated security at three major airports, seized four U.S. domestic airliners, and turned three of the aircraft into missiles that destroyed the World Trade Center in New York City and damaged the Pentagon in Arlington, Virginia?

Which group provides legal services to FAA and its employees in aircraft accident investigations?

RNP stands for what?

The Transportation Security Administration was established by what act?

Tortious is defined as

Administration

A branch of government that manages public affairs

Airline Deregulation Act

The process of removing government-imposed entry and price restrictions on airlines affecting, in particular, the carriers permitted to serve specific routes

Litigation

The conduct of a lawsuit

Tortious

wrongful conduct

Bench trial

A trial without a jury, in which the judge serves as the fact-finder

Commerce Clause

Article 1, Section 8, Clause 3 of the U.S. Constitution.

Defendant

In a civil case, the person/organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime

Federalism

Government in which powers are divided between two levels

Juruisprudence

The study of law and the structure of the legal system

Plaintiff

A person or business that files a formal complaint with the court

Promulgated

Locus Delicti

Corpus Delicti

Proximate cause

Mens Rea

Actus Rea

Res Judicata

The burden of proof in a criminal case is

An example of a process that describes thinking like a lawyer is

Stare Decisis

Protect property rights of the government , preserve the integrity of land owners, and resolve disputes are the three functions of U.S. law.

Some forms of legal dispute resolution are

To "stand by things decided" is from the Latin phrase:

The level of proof finding that it is more likely than not that the defendant is guilty is

To win a civil case, absolute proof is necessary, where-as in criminal cases, it is beyond a reasonable doubt.

An effective legal system must be

When lawyers use analogical reasoning they

Law decided from prior cases is known as

Case Law

Originated in the England, articulation of legal princin0ples in a historical succession of judicial decsions

Stare Decisis

A trial without a jury is called a __________ trial.

What is the phase called where both sides have an opportunity to get the facts from each other?

Most aviation legal matters fall into either contracts or what?

At the very top of the Federal Court system rests the US Supreme Court, and just under that there are what type of court?

What is the code of conduct or standards of a profession called?

Common Law is also known as what type of law?

What type of law, also called statutory law, is law that results from legislative process?

The principal that the precedent decisions are generally to be followed by the courts is known by the Latin term _____.

Any other laws that conflict with the constitution would be deemed to be what?

The burden of proof in a civil case is usually by what standard?

If a person is allowed to use an asset for week and fails to return it, that is either Criminal (Theft by taking) or Civil (Conversion).

Misrepresentation and fraud are considered the same in common law in the U.S

A mistake is an incorrect understanding by one or more parties to a contract and may be used as grounds to invalidate the agreement. Common law has identified different types of mistake in contracts which are: (MC) (scroll)

When it comes to contracts, an agreement is not binding if

Fraud in the factum focuses on whether the party alleging misrepresentation knew they were creating a contract.

As a general rule, anyone under the age of _____ is said to lack capacity to enter into contracts.

________________________provides that only those who are party to a contract may sue or be sued on it

Individuals who are under the influence of alcohol or drugs

Misrepresentation means

"threat of harm made to compel a person to do something against his or her will or judgment" is the legal definition of redress

A contract based on a mutual mistake in _____________ does not cause the contract to be voidable by the party that is adversely affected.

The agreement criteria for a valid contract is not binding if (MC)

Adequate consideration is a benefit or detriment which a party receives which reasonably and fairly induces them to make the promise/contract.

Misrepresentation and fraud are considered the same in common law in the U.S

volenti non fit injuri

Actus reus

Amicus curiae

res ipsa loquitor

stare decisis

Prima facie

tort lawsuits have a lower burden of proof (preponderance of evidence) rather than beyond a reasonable doubt

______________________ allows recovery without the need to demonstrate negligence.

Tort law is different from criminal law in that (MC) (scroll)

While many torts are the result of negligence, tort law also recognizes

An act, but not an omission, that is considered in law to result in a consequence, is the definition of proximate cause.

Distinctions between civil and criminal cases are (MC)

In Common Law civil cases there are two types of lawsuits: torts and contracts

volenti non fit injuri is translated as:

If the actions of a person depart from the standards of conduct of a reasonable person acting under similar conditions, they

An act or omission, that is considered in law to result in a consequence is the definition of strict liability.

The first aviation policies were underwritten by what community?

What convention was the 1st agreement to establish terms, conditions, and limitations of liability for carriage by air?

What insurance market is still the largest single center for aviation insurance?

What type of loss results from an aviation accident that damages the aircraft beyond economical repair?

What is the term for the assumption by a third party of another party's legal right to collect a debt or damages?

What is a common clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties occurs?

In the event of a hull loss, who has the final say as to whether he wishes to make a partial or total claim?

What type of coverage provides more flexibility in paying claims for liability, especially if passengers are injured, but little damage is done to third party property on the ground?

An event described by the legal term act of God prevents one or both parties from fulfilling their obligations under the contract is an example of what contract clause?

Third party liability covers aircraft owners for damage that their aircraft does to third party property, such as houses, cars, crops, airport facilities, and other aircraft struck in a collision. This is also known as what coverage?

The term for a "threat of harm made to compel a person to do something against his or her will or judgment".

Misrepresentation attempting to get the party to enter into the contract is known as Fraud in the ________?

What are factual promises which are enforced through a contract legal action, regardless of materiality, intent, or reliance?

What is the common law doctrine (of contract) that provides that only those who are party to a contract may sue or be sued on it?

In most cases, the parties may enter into a binding agreement without signing a formal written document. (T/F)

The ability to understand the full meaning and effects of the contract is known as what?

What is it called if there is an undoing of the contract by restoring the parties to where they were before the contract?

In contracts, what is it called when one person is taking advantage of a position of power over another person?

What type of contract cannot be ratified?

What type of damages, although not naturally flowing from a breach of contract, are naturally supposed by both parties at the time of contract formation?

The term COI stands for Certificate of _________________________.

If you insure an aircraft for a lower value to save money on the premium, there is a possibility that in the event of an accident

It would not be unusual for an Airbus A-380 to be

In-flight insurance coverage means that

Insurance that provides a stated overall limit per accident is

How are aircraft inured?

Insurance crimes are diverse and

MAT stands for _________________ Aviation Transit

Insurance that covers liability and hull together is

A significant portion of all aviation claims are

When insuring an aircraft for hull coverage

The term BOW stands for Breach of _____________________.

The term CSL stands for ___________ single limit.

The Montreal Convention (MC)

A ___________ is a civil wrong that unfairly causes someone else to suffer loss or harm and results in legal liability for the person who commits the offense.

When we can say because of what happened and how it happened, therefore negligence is the only logical explanation. The components of this doctrine are (MC)

The principle defenses against negligence are (MC)

Other than negligence, examples or tort include: (MC)

What year was the Air Commerce Act

well-established legal rules that are no longer subject to reasonable dispute

Bona Fide

sincerely; without intention to deceive

A condition without which something could not be

an item other than real estate

Chattel

a statement that injures a third party's reputation

Defamation

when on person intentionally damages someone else's contractual or business relationships with a third party, causing economic harm.

One of the defenses to Intentional Economic Interference is ________ & ___________

A defendant cannot interfere with its own contract - it can merely ________ it.

Many jurisdictions have two causes of action in the area of economic interference: the tort of intentional interference with contract and the separate tort of: __________

A plaintiff can establish a prima facie case for intentional economic interference by showing: (MC)

If the defendant in an Economic Interference case backs out of a contract, the remedy is __________.

An aviation maintenance shop or FBO undercutting a competitor's price could be actionable. But it would not be,
because of the _______ _________ economy we have.

Intentional Economic Interference may have two causes of action: (Mc)

_________ law is the term that refers to "well established rules that are no longer subject to reasonable dispute." (Enter a one word response)

It is not possible to make a binding promise for something over which one has no control.

The tort of interference with business relationships should be confined to cases in which

Promissary fraud is not actionable unless

The defenses to Intentional Economic Interference are: (select all the apply)

It is possible to make a binding promise for something over which one has no control. This is called a ____________.

In law, an item other than real estate is known as

In law, an item other than real estate is known as

Many actions involving the undercutting of a competitor's price may be actionable, but we do not want it to be tortious, because we have a ______ market economy.

A plaintiff can establish a prima facie case for Intentional Economic Interference by showing: (MC)

With Intentional interference with prospective economic advantage

If the defendant in a Intentional Economic Interference case, backs out of a contract, the remedy is
_____________.

Administrative control of a Federal Agency such as the FAA is accomplished mainly by the rules in

Administrative Law is created by an Agency, which has been formed by

In a civil or criminal case the guilt or innocence of the defendant is determined by

The burden of proof in a criminal case is beyond a preponderance of the evidence

One of the functions of law is

Resolving disputes is

Apart from proof that there was no breach of duty, there are three principal defenses to tortious liability

The law of civil wrongs is a brief definition of

Apart from proof that there was no breach of duty, there are three principal defenses to tortious liability

What is the cornerstone of a highly successful economic system? Type in your one word answer.

One of the differentiating factors between an Intentional Economic Interference case and a contract fraud case is that

One of the defenses to the tort of Intentional Economic Interference is

Justifications are fact-intensive affirmative defenses.

What defenses are fact-intensive affirmative defenses for Intentional Economic Interference?

It is possible to make a binding promise for something over which one has no control. This is called a guarantee.

Intentional Economic Interference may have two causes of action, one of which is

Gibbons v Ogden

Laws are created to (Mc)

It is said the Constitution comes with a pencil and an eraser due to the language of article 5.

The reason the Act described on page 21 of the textbook was not effective was because

Exculpatory

tending to clear someone of blame or guilt

In fraud, what is the requirement called that the plaintiff either knew that the repre false or else acted recklessly as to the truth in making the statement

In a fraud case, the plaintiff must have relied upon the misrepresentation. There are two types of reliance: justifiable and

A good method to categorize all the tort causes of action for study, is to label them as either "lineal" or _________.

Lineal torts are the ones that involve some kind of direct injury to a person's body or _____.

The elements for strict liability are the same as those for negligence with one powerful exception: ______:

The intentional property torts are trespass to land, trespass to chattels, and ______

The key defense against false imprisonment that keeps airlines from incurring liability for making passengers wait for the ding before getting out of their seats, is ___________.

The tort of __________ is commonly called intentional infliction of emotional distress.

When the neighborhood kids come trick-or-treating, they will not be considered as trespassing because they will have a defense of _______ ________.

An aircraft is an example of tangible property that does not qualify as real property. This is called a _________.

An intentional exercise of dominion or control over a chattel that so substantially interferes with the plaintiff's rights is known as ___________.

A fraud claim requires that the defendant made a misrepresentation to the plaintiff, that the plaintiff relied on it, and ______________.

The FAA regulation requires how much time to elapse between the last alcoholic drink and exercising the duties of a flight crew member?

The operation of an aircraft takes place from the time any person boards the aircraft with the _______ _______ ______ until all such persons have disembarked.

CVR stands for _______ ________ _______.

A pilot does not need to be steering the aircraft in order to be considered "operating the aircraft" (T/F)

It is possible to be under the legal blood alcohol limit and still be in violation of the FAA regulation regarding 8 hours from "bottle to throttle" (T/F)

It is likely that Captain ______ in the Value Jet crash was incapacitated by smoke prior to the crash

A class D cargo compartment limits combustion because the compartment is what?

In the Value Jet crash, the pilots were unable to extinguish the fire because?

If the FAA revokes a pilot's certificate, that is the same as __________.