Study Guide Combination with
Complete Solutions
Constitutional Law - ANSWER✔✔-Derived from Constitutions, both
federal and state
Statutory Law - ANSWER✔✔-Statutes are laws that are made by
legislatures (congress or state state legislatures). Supersedes any common
law to the contrary. Legislative branch
Common Law (decisional law) - ANSWER✔✔-law based on previously
decided cases
Equity - ANSWER✔✔-Developed in England, fairness, mitigates the
harshness of the law
U.S. government - ANSWER✔✔-a federal system. Both States and Federal
gov can make laws(sovereign)
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,Federal vs. State - ANSWER✔✔-Some things are governed by Federal law
alone, other by state law alone, sometimes by both (federal always
supersedes state)
Preemption of Laws - ANSWER✔✔-1). U.S. federal law
2). 50 State law
3). Municipality Law (County, parish, town, ect.)
Types of Laws - ANSWER✔✔-Criminal
Civil (tort and contract)
Administrative
Congress Clause - ANSWER✔✔-Congress used its authority under this of
the U.S. constitution (Artcle1, Section8, Clause 3) to impose regulation on
the aviation industry. Aviation involves interstate commerce, so Congress
has the power to regulate it. Air Commerce act of 1926 was passed.
Regulations - ANSWER✔✔-Federal regulation of aviation was placed
under an "Aeronautics Branch" within the department of commerce. First
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,regs went into effect Dec 31, 1926 Called " Air Commerce Regulations).
Administrative agency under executive branch
ACR - ANSWER✔✔-Required pilots and mechanics to be certificated, set
standards for aircraft design and construction and engine type/design
certification
Bureau of Air Commerce - ANSWER✔✔-renamed from Aeronautics
Branch, new act was passed called "Civil Aeronautics Act", then created
"Civil Aeronautics Board (CAB)', and "Civil Aeronautics Administration
(CAA)", Regulation reissued as "Civil Air Regulations(CAR)"
civil aeronautics board - ANSWER✔✔-regulated economic aspects of
aviation- fares charged and the routes flown by airlines. eliminated in 1985.
Civil aeronautics administration - ANSWER✔✔-regulated all matters
related to safety
Federal Aviation Act - ANSWER✔✔-1958, created independent Federal
agency called the FAA.
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, Federal Aviation Regulation - ANSWER✔✔-FAR, Extensive rewrite of
regulations, Found in the code of federal regulation (CFR). Contains
regulations from other agencies like OSHA, FCC, EPA etc.
CFR - ANSWER✔✔-organized into titles, FAR's found in Title 14. Far's are
divided into parts which deal with different topics.
Department of Transportation - ANSWER✔✔-DOT, FAA placed under this
and renamed federal aviation administration. The FAA is under DOT,
regulations are called FAR's, and are part of the CFR.
Important federal agencies involved in aviation - ANSWER✔✔-DHS, TSA,
DOT, FAA
Department of homeland security - ANSWER✔✔-headed by secretary of
homeland security, contains coast guard, customs service, Transportation
Security Administration, FEMA
TSA - ANSWER✔✔-controls airport secuirty, maintains no fly list and
selectee list.
DOT - ANSWER✔✔-headed by secretary of transportation, Responsible for
rail, shipping, highway, and aviation.
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