FINAL AV LAW - Quizzes Combined
In order to provide sanction immunity to an airman, the NASA ASRS form must be filed within ______________ of an FAR violation.
10 days
Under FAR 61.15, a motor vehicle action must be reported within ____.
60 Days
Which of the following business entities must pay tax on its own income (separately from its owners)?
A "C" Corporation
Which of the following is considered an "administrative disposition"?
A warning notice
Alfa manufactures widgets and sells them to its wholesaler, Foxtrot. Foxtrot sells the widgets to distributor Tango, who sells them to the public. One of the widgets sold by Tango is defective and injures a customer. Who may be held liable for the customer's injuries
Alfa, Foxtrot, and Tango
What legal trouble may result when an employer treats its workers as independent contractors when they are actually employees?
All of the Above
The FAA issues certificates for
All of the above
A passenger's ticket shows the following planned itenerary: Chicago, Illinois to Anchorage, Alaska, with a planned layover in Vancouver, Canada. This passenger is...
An international passenger
In order to avoid a default, a defendant must respond to a lawsuit by filing a
Answer
Which of the following are considered to be "sovereigns"?
Both A and B
A _________ should have a title search made _______ the sale
Buyer, Before
How is lien against an aircraft typically perfected?
By recording the lien with the FAA
An insurance policy is a...
Contract
An employer has more right to control and direct the work of an
Employee
Employers must withhold taxes from the paychecks of
Employees
Which agency is responsible for issuing "Type Certificates" for aircraft designs?
FAA
Which agency is responsible for operating the Air Traffic Control system in the U.S.?
FAA
Which agency keeps records which show who owns a particular aircraft?
FAA
"Minimizing the Risk" is a principle that requires an insurance company to insure all pilots who apply for coverage.
FALSE
A business organized as a sole proprietorship must pay taxes on its income, separately from the taxes paid by its owner
FALSE
A corporation must have more than one stockholder.
FALSE
A sole proprietorship is a relatively low-risk form of business organization.
FALSE
A speeding ticket is a "motor vehicle action" as defined in FAR 61.15.
FALSE
All driver's license suspensions are "motor vehicle actions" as defined in FAR 61.15.
FALSE
An insurance broker sells insurance from one company only.
FALSE
Appeals of FAA certificate actions are made directly to the U.S. Supreme Court.
FALSE
If one person owns 100 % of the shares of a corporation, the corporation must be dissolved.
FALSE
NTSB recommendations are binding, and must be followed by the FAA.
FALSE
Whenever a corporation has made a profit, it is legally obligated to pay dividends to its shareholders.
FALSE
Air traffic controllers on duty are engaged in a "discretionary function" for the FTCA purposes
False
Aircraft accident reporting is voluntary, and is not required by government regulations.
False
All aircraft accidents must be reported to the FAA.
False
All traffic accidents must be reported to the FAA as motor vehicle actions under FAR 61.15
False
An airman has the right to a jury trial in the appeal of an FAA certificate action.
False
An incident is the same thing as an accident.
False
FAA certificate actions cannot be appealed.
False
For the purposes of FTCA, discretionary functions are those that involve merely carrying out a policy.
False
If a U.S. federal employee, while performing his/her duties, negligently causes injury to another person, both the government and the government employee will be held liable.
False
If a warranty is not spelled out in writing in the sales contract, it does not exist.
False
Military personnel are prohibited from suing the federal government under any circumstances
False
One of the elements of negligence is "intent to harm."
False
The FTCA completely does away with the federal government's sovereign immunity.
False
The Montreal Convention applies to domestic passengers only.
False
The NASA ASRS form provides immunity from certificate actions in case of accidents
False
The NTSB maintains radio aids to navigation, such as VOR and ILS transmitters.
False
The purpose of punitive damages is to punish the plaintiff for filing a frivolous lawsuit.
False
There can only be one lien against an aircraft at any one time.
False
Under FAR 61.15, the FAA may revoke a pilot's certificate for the first reported motor vehicle action
False
Victor is working on an airplane in the hangar. While hoisting the engine, his arm is pinched, causing him a serious injury. This must be reported as an aircraft accident.
False
Written reports must be filed for all incidents.
False
In a limited partnership, the financial risk to a general partner is __________ the risk to a limited partner.
Greater than
If your own aircraft is damaged in an accident, your insurance claim would be under your
Hull coverage
The _____ sets standards and makes recommendations that can be used as guidance by its member countries.
ICAO
John, Paul, George, and Ringo own an aircraft. Their ownership is "joint." If Ringo dies, what happens to his interest in the aircraft?
It is extinguished. John, Paul, and George become joint owners
Peter, Paul, and Mary own an aircraft. Their ownership is "in common." If Paul dies, what happens to his interest in the airplane?
It survives and passes to Paul's heirs
John owns an airplane. John enters into a lease agreement with Ringo, under which Ringo obtains possession of John's airplane. John is the
Lessor
If your aircraft damages someone else's property, your insurance claim would be under your
Liability coverage
Which of the following is NOT an exception to the FTCA
Ministerial function exception
Which agency administers the Aviation Safety Reporting Program?
NASA
Juliet has an airplane that she uses for pleasure flying. She has an insurance policy covering that use. If she begins flying the airplane on business trips, will she be covered?
NO
What document does the FAA use to notify the public about a proposed new rule?
NPRM
The __________ has the power to reverse an FAA decision revoking a pilot / mechanic certificate
NTSB
Which agency is primarily responsible for investigating and determining the "probable cause" of airliner crashes?
NTSB
A "third party" to an insurance contract is _______________________.
Neither A nor B
The following events take place: 1) Banker lends money to Seller and takes a security interest in Seller's airplane. 2) Banker DOES NOT RECORD his security interest 3) Seller sells the airplane to Buyer (who is not aware of Banker's security interest). 4) Seller defaults on the loan from the banker. After these events, will banker be able to possess the airplane from the buyer?
No
In a civil lawsuit, who has the "burden of proof"?
Plantiff
Romeo has an aviation-related business which is open to the public. Charlie slips and falls while visiting Romeo's business. What kind of insurance coverage would protect Romeo from having to pay for Charlie' injuries?
Premises liability
What kind of insurance coverage protects a business from liability involving the sale of aircraft parts, fuel, and supplies?
Products liability
"Spreading the Risk" is an insurance principle that allows policy holders to be protected from expensive losses in exchange for a relatively small payment.
TRUE
A "waiver of subrogation" included in an insurance policy will protect third parties from being sued by the insurance company.
TRUE
A business owner may be held responsible for the negligence of his/her employees.
TRUE
A civil penalty is a monetary fine.
TRUE
A corporation is a relatively low-risk form of business organization.
TRUE
A corporation is considered to be a "citizen" of a particular state.
TRUE
A corporation is permitted to own property in its own name.
TRUE
A limited partnership must have at least one general partner.
TRUE
A product can be considered defective if was provided to the consumer with inadequate warnings or inadequate instructions.
TRUE
A statute of limitations may relieve the defendant from liability if the plaintiff waits too long before filing a lawsuit
TRUE
An insurance company's efforts to "minimize the risk" may result in the company refusing to insure certain operators.
TRUE
If an insurance policy is stated to be "excess," it will not pay on a claim until after the primary insurance policy has paid.
TRUE
In most cases, Worker's Compensation is the exclusive remedy for job-related injuries and illnesses
TRUE
In most cases, Worker's Compensation laws do not permit employees to sue employers for job-related injuries and illnesses.
TRUE
Making false statements on FAA application forms can result in criminal prosecution.
TRUE
Many insurance policies require that claims be reported within a certain time period.
TRUE
Negligence per se can be used to establish a defendant's liability when a rule or law has been violated by the defendant.
TRUE
Some, but not all, aircraft incidents require immediate notification to the NTS
TRUE
The DHS includes many government agencies, including the TSA
TRUE
The FAA has the right to re-examine anyone who holds an FAA airman certificate.
TRUE
The ICAO is part of the United Nations.
TRUE
The NTSB investigates aviation, railway, and shipping accidents.
TRUE
The NTSB maintains a database of certificate action appeal decisions.
TRUE
The purpose of an exculpatory contract is to relieve a person from liability for negligence.
TRUE
Under FAR 61.15, the FAA may revoke a pilot's certificate for failure to report one motor vehicle action.
TRUE
Which agency is responsible for airport security?
TSA
Which agency maintains the "no-fly list" and the "selectee list"?
TSA
Who has the burden of proof at an NTSB ALJ certificate action appeal hearing?
The FAA
Who is responsible for paying the "deductible"?
The insured person
Who is the "finder of fact" in a jury trial?
The jury
18. The FAA's "compliance philosophy" is intended to provide less-severe alternatives than certificate actions for dealing with rule violations.
True
A driver's license revocation because of driving under the influence of alcohol counts as a "motor vehicle action" under FAR 61.15.
True
A sale and lease-back agreement is used as a way to help finance an aircraft purchase.
True
After any aircraft accident, , the operator is required to give immediate notification to the NTSB
True
For the purposes of FTCA, discretionary functions are those that involve setting government policy.
True
If a large aircraft operated under Part 91 is leased, a copy of the lease must be carried on board.
True
If a pilot or mechanic certificate is suspended, it will be automatically reinstated at the end of a suspension period
True
If a warranty is breached, the breacher may be sued for damages.
True
If an aircraft owner owes federal income tax, and the IRS files a tax lien against the owner, the aircraft could be seized and sold to pay off the taxes.
True
If an international treaty (such as Warsaw or Montreal) applies to a case, the treeaty will supersede any state laws that might otherwise apply
True
If the ALJ makes a decision that the FAA does not agree with, the FAA may appeal to the full NTSB
True
If the ALJ makes a decision that the airman does not agree with, the airman may appeal to the full NTSB.
True
In a fractional ownership plan, each aircraft owner is entitled to use any of the aircraft within the fleet managed by the fractional ownership company.
True
In a fractional ownership plan, each participating fractional owner agree, in advance, to allow his/her aircraft to be used by the other participating aircraft owners.
True
In an emergency certificate action, appeals are decided more quickly than in a normal certificate action.
True
In order to win its case at a certificate action appeal hearing, the FAA must prove that the airmen committed the violation
True
Legal aircraft title is transferred by means of a "bill of sale"
True
Mike is taxiing his airplane toward the runway for the purpose of flight. The aircraft strikes a barricade, causing substantial damage to the aircraft. This must be reported as an accident
True
NASA uses different ASRS forms for pilots than it does for mechanics.
True
One of NASA's functions is to fund aviation research.
True
One of the elements of negligence is "breach of duty."
True
Regulations are sometimes issued without waiting for a public comment period.
True
Some leases contain an "automatic" renewal clause.
True
The "Sovereign Immunity" doctrine holds that a soverign government may not be sued without its consent.
True
The FAA sometimes grants exemptions to its regulations.
True
The FAA usually provides for public comment before issuing a new rule or a rule change.
True
The FTCA allows lawsuits against the U.S. government, but only in limited circumstances.
True
The Montreal Convention applies to international passengers only.
True
The Montreal Convention is a more recent treaty than the Warsaw Convention.
True
The Montreal Convention limits the amount that air carriers must pay to passengers whose flights have been delayed
True
The penalties under FAR 61.15 apply only to persons holding (or applying for) certificates issued under part 61.
True
When an airline is engaged in "common carriage," it has a duty to exercise the highest degree of care
True
Written reports for incidents are required only if requested by the NTSB
True
Written reports must be filed for all aircraft accidents.
True
An employer may be held legally responsible for the action of an employee. This is the doctrine of
Vicarious liability
The following events take place: 1) Banker lends money to Seller and takes a security interest in Seller's airplane. 2) Banker RECORDS his security interest 3) Seller sells the airplane to Buyer (who is not aware of Banker's security interest). 4) Seller defaults on the loan from the banker. After these events, will banker be able to possess the airplane from the buyer?
Yes
Victor owns a 10-year-old general aviation airplane. He is injured in an accident involving the airplane, and he believes the airplane is a defectively manufactured product. Will GARA allow Victor to sue the aircraft's manufacturer with a strict liability claim?
Yes
If adequate records of corporate decisions and actions are not kept by a corporation,
a court may rule the corporation to be a "sham"
A passenger's ticket shows the following planned itinerary: A direct flight from Chicago, Illinois to Anchorage, Alaska. This passenger...
a domestic passenger
What is res ipsa loquitur?
a way to establish tort liability when specific facts cannot be proven
Hangarkeeper's liability insurance covers
aircraft owned by people other than the policy holder
"Subrogation"
allows an insurance company to sue someone that the insured could have sued.
Buyer ad Seller make a contract for the sale of an aircraft. Buyer pays Seller the purchase price for an aircraft. Seller then refuses to sign a bill of sale transferring the aircraft to the buyer. Buyer can be said to have
an interest in the aircraft
What is a tort?
civil wrong
Strict liability is commonly applied in lawsuits for
defective products
In a typical corporation, the board of directors is
elected by the shareholders
Which of the following are three major categories of torts?
intentional torts, negligence, and strict liability
Negligence
is a failure to behave reasonably.
Under federal law, what happens if an aircraft title transfer is not recorded?
it is given no priority
In a civil lawsuit involving claims for personal injury, the NTSB's probable cause finding _______________
may not be admitted as evidence
Which of the following is NOT classified as an "intentional tort"?
negligence
The FAA is
part of the U.S. Department of Transportation
Who is required to report motor vehicle actions?
persons holding pilot certificates
What is the standard of proof at an NTSB ALJ certificate action appeal hearing?
proven by a preponderance of the evidence
When a jury wishes to punish a defendant for particularly bad behavior, it may award the plaintiff
punitive damages
When a "corporate veil" is "pierced,"
shareholders' personal assets are placed at risk
The General Aviation Revitalization Act of 1994 is a(n)
statute of response
Aircraft title documents are recorded in the Aircraft Registry maintained by
the FAA
If an insured person fails to report a loss within the time period required by the insurance policy,
the insurance company may refuse to cover the loss
An insurance adjuster sent by an insurance company typically represents ________ interests.
the insurance company's
Under FAR 61.15, the FAA may revoke a pilot's certificate if the pilot has two unrelated motor vehicle actions within ________ years.
three
In order for the government to be liable under FTCA, a government employee must have been acting
within the scope of his/her employment