Aviation Law Exam 1 Review with
Complete Solutions
A general aviation manufacturer delivers a new eight-seat twin-engine FAA-certified
aircraft to a buyer today. If there is a defect in the airplane when it is delivered, is the
manufacturer potentially liable for injuries that may eventually be caused by that defect,
no matter when the resulting harm occurs? Explain - ANSWER-No, it is not indefinite.
There are statutes of limitations that impose limits on how long a person has, in
manufacturing these are called Statutes of Repose. Under GARA there is a federal 18
year statute of repose for FAA certified general aviation aircraft having less than 20
seats. Some states also have laws surrounding this topic.
Administrative Procedure Act (APA) requires notice of
______________________________________________________________________
_________ - ANSWER-Proposed rule in Federal Registar
An agency of the U.S. government is conducting research and experimentation of
methods for detecting airframe ice and conveying the information to the flight crew in a
useful format. What agency would be responsible for such experimentation? If that
research and experimentation leads to a new technology, what agency of the U.S.
government would establish the airworthiness standards for incorporation that
technology into U.S. civil aircraft? - ANSWER-NASA
FAA
Can the FAA both require you to submit to reexamination and suspend your certificate
for the same FAR violation? Why? - ANSWER-Yes; re-examination is not considered
punishment
Can the FAA both suspend your certificate and fine you as punishment for the same
FAR violation? Why? - ANSWER-No; US Constitution prohibits double jeopardy
Can your chosen form of business protect you from personal liability for the
consequences of your own negligence or intentional torts? - ANSWER-No, you are still
liable for your own negligence or intentional torts.
Describe and distinguish FAA and NASA responsiblities in regulating commerical space
operations. - ANSWER-An FAA license is required for any launch or reentry, or the
operation of any launch or reentry site, by U.S. citizens anywhere in the world, or by any
individual or entity within the United States.
An FAA license is not required for space activities the government carries out for the
government, such as some NASA or Department of Defense launches
,Does the IRS have the authority to determine that a person is (or was) an employee of
the business rather than an independent contractor even if the business had an
agreement signed by that worker stating that she is an independent contractor? -
ANSWER-Yes they have hindsight review.
Does the National Aeronautics and Space Administration (NASA) have any aviation
responsibilities other than technological and aerodynamic research and development? If
so, describe. - ANSWER-Yes, NASA has the Aviation Safety Reporting Program
(ASRP)
this is designed to identity problems
Does the National Transportation Safety Board (NTSB) have any aviation
responsibilities not relating directly to aircraft accidents? If so, describe. - ANSWER-yes,
investigates railroad accidents
FAA can have a rulemaking at request of the ______ - ANSWER-Navy
flying over is a _____________ issue - ANSWER-FAA
From a risk-management standpoint, which form or forms of business organization
serve to protect the owners from personal vicarious liability for torts committed by
employees acting within the scope of their employment and from business debts? -
ANSWER-Corporations,LLCs, and LLPs
If the FAA and its counterpart agencies in other nations were interested in collaborating
to make civil aircraft certification standards globally uniform, what organization would
logically coordinate that effort? Where is that organization headquartered? - ANSWER-
ICAO in Montreal, Canada
If you are involved in an aircraft accident causing injuries to other people or damage to
their property and you are convicted of an FAR violation in connection with that
accident, will that conviction have any effect on the outcome of a civil lawsuit against
you for negligence? Explain - ANSWER-Yes, this is considered Negligence Per se
In a corporation,
What decisions do corporate officers typically make? - ANSWER-execute the policies
and make day to day business decisions
In a corporation,
what decisions do shareholders have the right to make? - ANSWER-elect a board of
directors to govern the corporation
In a corporation,
, what decisions does the board of directors typically make? - ANSWER-elect officers
and make decisions affecting corporate policy and major business decisions
Informal Conference Statements .... - ANSWER-cannot be used for primary case; only
for impeachment if respondent changes story before ALJ
Landing or taking off and noise while on NPS property is a ________ issue - ANSWER-
NPS
Notams - ANSWER-notices to airmen are used to publicize TFRs to airman
Persons and businesses engaged in some types of activities face the risk of being held
liable for injuries to others, even if the injuries are not proved to have resulted from
some negligence on their part; this is called strict liability. What kinds of activities
expose persons and businesses to the risk of being held strictly liable for injuries to
others? - ANSWER-courts may impose strict liability without regard to negligence where
a nonparticipant is injured as a result of the defendant's conducting what the court
considers to be an ultrahazardous activity. Example from the book is people getting sick
from pesticides being sprayed, even if they used reasonable care in the application.
Pilots Bill of Rights six Major Provisions: - ANSWER-1. Follow Federal rules of evidence
and Civil procedure, if practicable
2. Timely notice of investigation and information to pilots
3. NTSB no longer bound by strict FAA interpretation of regulations
4. Appeal final NTSB decison to district courts
5. NOTAM improvements
6. Medical Certification Process to be assessed
Regardless of its form, what duties does every business owe to its employees? -
ANSWER-Every business owes its employees workers compensation and
unemployment compensation insurance, to pay agreed wages and withhold payroll
taxes, and to provide a safe environment to work.
TFRs - ANSWER-temporary flight restrictions imposed to limit aircraft operations over
areas to be travelled by President and Vice President and other security sensitive public
figures
The FAA issues an Order of Suspension against your certificate.
Complete Solutions
A general aviation manufacturer delivers a new eight-seat twin-engine FAA-certified
aircraft to a buyer today. If there is a defect in the airplane when it is delivered, is the
manufacturer potentially liable for injuries that may eventually be caused by that defect,
no matter when the resulting harm occurs? Explain - ANSWER-No, it is not indefinite.
There are statutes of limitations that impose limits on how long a person has, in
manufacturing these are called Statutes of Repose. Under GARA there is a federal 18
year statute of repose for FAA certified general aviation aircraft having less than 20
seats. Some states also have laws surrounding this topic.
Administrative Procedure Act (APA) requires notice of
______________________________________________________________________
_________ - ANSWER-Proposed rule in Federal Registar
An agency of the U.S. government is conducting research and experimentation of
methods for detecting airframe ice and conveying the information to the flight crew in a
useful format. What agency would be responsible for such experimentation? If that
research and experimentation leads to a new technology, what agency of the U.S.
government would establish the airworthiness standards for incorporation that
technology into U.S. civil aircraft? - ANSWER-NASA
FAA
Can the FAA both require you to submit to reexamination and suspend your certificate
for the same FAR violation? Why? - ANSWER-Yes; re-examination is not considered
punishment
Can the FAA both suspend your certificate and fine you as punishment for the same
FAR violation? Why? - ANSWER-No; US Constitution prohibits double jeopardy
Can your chosen form of business protect you from personal liability for the
consequences of your own negligence or intentional torts? - ANSWER-No, you are still
liable for your own negligence or intentional torts.
Describe and distinguish FAA and NASA responsiblities in regulating commerical space
operations. - ANSWER-An FAA license is required for any launch or reentry, or the
operation of any launch or reentry site, by U.S. citizens anywhere in the world, or by any
individual or entity within the United States.
An FAA license is not required for space activities the government carries out for the
government, such as some NASA or Department of Defense launches
,Does the IRS have the authority to determine that a person is (or was) an employee of
the business rather than an independent contractor even if the business had an
agreement signed by that worker stating that she is an independent contractor? -
ANSWER-Yes they have hindsight review.
Does the National Aeronautics and Space Administration (NASA) have any aviation
responsibilities other than technological and aerodynamic research and development? If
so, describe. - ANSWER-Yes, NASA has the Aviation Safety Reporting Program
(ASRP)
this is designed to identity problems
Does the National Transportation Safety Board (NTSB) have any aviation
responsibilities not relating directly to aircraft accidents? If so, describe. - ANSWER-yes,
investigates railroad accidents
FAA can have a rulemaking at request of the ______ - ANSWER-Navy
flying over is a _____________ issue - ANSWER-FAA
From a risk-management standpoint, which form or forms of business organization
serve to protect the owners from personal vicarious liability for torts committed by
employees acting within the scope of their employment and from business debts? -
ANSWER-Corporations,LLCs, and LLPs
If the FAA and its counterpart agencies in other nations were interested in collaborating
to make civil aircraft certification standards globally uniform, what organization would
logically coordinate that effort? Where is that organization headquartered? - ANSWER-
ICAO in Montreal, Canada
If you are involved in an aircraft accident causing injuries to other people or damage to
their property and you are convicted of an FAR violation in connection with that
accident, will that conviction have any effect on the outcome of a civil lawsuit against
you for negligence? Explain - ANSWER-Yes, this is considered Negligence Per se
In a corporation,
What decisions do corporate officers typically make? - ANSWER-execute the policies
and make day to day business decisions
In a corporation,
what decisions do shareholders have the right to make? - ANSWER-elect a board of
directors to govern the corporation
In a corporation,
, what decisions does the board of directors typically make? - ANSWER-elect officers
and make decisions affecting corporate policy and major business decisions
Informal Conference Statements .... - ANSWER-cannot be used for primary case; only
for impeachment if respondent changes story before ALJ
Landing or taking off and noise while on NPS property is a ________ issue - ANSWER-
NPS
Notams - ANSWER-notices to airmen are used to publicize TFRs to airman
Persons and businesses engaged in some types of activities face the risk of being held
liable for injuries to others, even if the injuries are not proved to have resulted from
some negligence on their part; this is called strict liability. What kinds of activities
expose persons and businesses to the risk of being held strictly liable for injuries to
others? - ANSWER-courts may impose strict liability without regard to negligence where
a nonparticipant is injured as a result of the defendant's conducting what the court
considers to be an ultrahazardous activity. Example from the book is people getting sick
from pesticides being sprayed, even if they used reasonable care in the application.
Pilots Bill of Rights six Major Provisions: - ANSWER-1. Follow Federal rules of evidence
and Civil procedure, if practicable
2. Timely notice of investigation and information to pilots
3. NTSB no longer bound by strict FAA interpretation of regulations
4. Appeal final NTSB decison to district courts
5. NOTAM improvements
6. Medical Certification Process to be assessed
Regardless of its form, what duties does every business owe to its employees? -
ANSWER-Every business owes its employees workers compensation and
unemployment compensation insurance, to pay agreed wages and withhold payroll
taxes, and to provide a safe environment to work.
TFRs - ANSWER-temporary flight restrictions imposed to limit aircraft operations over
areas to be travelled by President and Vice President and other security sensitive public
figures
The FAA issues an Order of Suspension against your certificate.
