FINAL AV LAW - Quizzes Combined

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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


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