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WorksheetsAviation Law & Policy Review 2
Total questions: 55
Worksheet time: 32mins
The __________ Rule states that under most circumstances, win or lose, each party to a lawsuit is responsible to pay their own attorneys’ fees.
Fiscal Soundness
Financial Responsibility
American
Contingency Fee
This tort is the act of presenting information that is intended to deceive another, with knowledge that the information is false and damage results.
conversion
false official statement
fibbing
fraudulent misrepresentation
Under what theory can employers be held liable for the negligence of employees?
(a)
Bill rents a hangar from Marsha. Unfortunately, Bill is a little down on his luck and has not paid Marsha for 3 months. Marsha sees Bill out on the flight-line one day and sends her friend Greg out to stop him. Greg approaches while wearing his best Halloween cop costume, and orders Bill to lie on the ground. He then proceeds to handcuff him and take him to Marsha’s office. What intentional tort is most applicable?
trespass
false arrest
false imprisonment
conversion
A lawsuit against Ford Motors for their "Pinto" vehicles bursting into flames when struck from behind is an example of this type of tort case.
negligence
strict liability (product liability)
strict liability (ultra hazardous materials)
intentional torts
Mr. Hopkins was in a car accident. In the state of Alabama, he has two years to file a lawsuit for the negligence of the other driver. This is an example of a:
Statute of Repose
Statute of Justice
Statute of Limitations
Statute of Liberty
This element of causation focuses on the foreseeability of the harm that occurred.
probable cause
actual cause
proximate cause
"but for" cause
This tort is the act of assuming rights to personal property that are inconsistent with the rights of the owner or person entitled to possession.
Trespass
conversion
larceny
wrongful appropriation
It is a snowy and bitterly cold winter day in Cleveland when the commuter airline flight from Montreal, Canada, pulls up to the gate. As the international passengers are walking across the ramp from the airliner to the terminal building, one of them slips on an icy patch and suffers an injury. The airline is liable for this passenger’s injury: True or False?
True
False
The tort of (a) consists of intentionally confining, restraining or detaining another person against their will.
This is an outrageous act committed with the intent of causing emotional distress on another?
negligent infliction of mental distress
intentional infliction of mental distress
unlawful outrage
emotional conversion
An aircraft flying a route from Philadelphia to New York disappeared. Family members of those on-board file a lawsuit against the Airline. This legal doctrine can be used to prove negligence even if no one knows what really happened to the flight.
res ipsa loquitur
negligence per se
strict liability
res judicata
This is a harmful or offensive contact with another person with intent to cause contact and without the consent of the other person?
Assault
Battery
Conversion
Unlawful touching
If a pedestrian steps out in front of your car as you are approaching a green light, you must still step on your brakes to avoid hitting the pedestrian even though they were negligent. This is an example of what legal principle?
vicarious liability
sudden emergency doctrine
res ipsa loquitur
last clear chance doctrine
(a) is part of the trial process where each side can learn about the other's case.
Select the appropriate purpose of use for your aircraft insurance if you use your aircraft for the sole purpose of flying to call on your customers and occasionally taking those customers on free fishing/hunting trips.
limited commercial
industrial aid
special use
commercial except instruction and rental
. __________ damages compensate injured persons or their survivors for losses such as medical expenses, lost earnings, and pain and suffering.
Exemplary
Compensatory
Punitive
Cumulative
This type of aircraft insurance covers injuries to people and property other than the aircraft.
liability coverage
hull coverage
lost wage coverage
comprehensive coverage
Which of the following are not elements of negligence?
duty
damages
intention
breach of duty
causation
True or False: A common carrier is prohibited by law from using exculpatory contracts.
True
False
Who has to always take the “Duty of Highest Care” for their customers?
Common Carriers
Private Carriers
Contract Carriers
Acrobatic Flight schools
An airline (a) is the total agreement between the airline and passenger. It can usually be viewed upon request or downloaded.
Taylor Swift owns an aircraft that is subject to the Capetown Treaty. If all of the following are true, who has the priority security interest?
First Federal BANK recorded a security interest with the FAA Aircraft Registry on January 25, 2017 and the International registry on February 15, 2017.
Max’s Navigation Shop recently upgraded all navigation systems and is in possession of the Aircraft. He has not been paid.
Bank of America recorded a security interest with the FAA Aircraft Registry on July 1, 2004.
True or False: An airline may assert the assumption of risk defense to defend against lawsuits brought by injured passengers or the survivors of passengers killed in an airline crash.
True
False
True or False: No Tort Claim may be filed against a government agency under FTCA until all administrative relief is exhausted.
True
False
True or False. After an aircraft accident, you should immediately file a NASA Safety Report.
True
False
For Aircraft Accident reporting purposes, a serious injury includes all of the following except:
Requires hospitalization for more than 48 hours commencing within 7 days from the date the injury was received
results in fractures of fingers, toes, or nose
causes severe hemorrhages, nerve, muscle, or tendon damage
involves any internal organ
(a) is the approach to negligence that holds if an accident was even slightly the fault of the person injured, that person is not entitled to recover compensation from anyone else.
A written report is required to be submitted to the National Transportation Safety Board (NTSB) within __________ days of an aircraft accident?
5
10
20
only when required by the NTSB
The __________ is a comprehensive set of laws governing all commercial transactions in the United States. It is a model code that must be individually enacted by a state legislatures to have legal effect.
common law
civil law
uniform commercial code
uniform civil code
Kirk Cameron owns an aircraft that is subject to the Capetown Treaty. If all of the following are true, who has the priority security interest should Kirk declare bankruptcy?
Blinky's Navigation Shop completed work upgrading all navigation systems on March 1, 2023 and returned the plane to Kirk in exchange for a signed security agreement.
Bank of America recorded a security interest with the FAA Aircraft Registry on July 1, 2004.
First Federal Bank recorded a security interest with the FAA Aircraft Registry on January 25, 2017 and the International registry on February 15, 2017.
This agreement (which is one of four necessary for a fractional ownership program) is between the owners of all aircraft participating in a management company’s fractional ownership program.
an aircraft purchase agreement
a master interchange agreement
a joint ownership agreement
an aircraft management agreement
True or False. Verbal express or implied warranties may be disclaimed but to do so the disclaimer must be in writing and conspicuous.
True
False
The statement, “It’s a great little airplane; you won’t find a better one anywhere” is an example of:
an express warranty
an implied warranty
commercial puffery
Prior to riding a mechanical bull the operator of the ride may require you to sign a/an __________ before they will let you ride the machine. (You promise not to sue them if you are injured/killed.
assumption of risk
exculpatory contract
lease
credit check
You just walked away from a spectacular crash that totally destroyed the airplane. You have walked only a few yards when someone who obviously saw the crash comes running up to you and says: “I can’t believe you’re alive. What happened?” You’re pretty sure that you forgot to disengage the gust locks on the aircraft’s control surfaces before attempting to take off.
What will you say?
Nothing, because you understand that anything you say may be used by the FAA in a certificate action later.
You explain that you are not certain but you "may" have forgotten to disengage the gust locks on the aircraft’s control surfaces before attempting to take off.
True or False. A title search at the FAA Aircraft Registry in Oklahoma City will reveal all valid security interests in an aircraft.
True
False
A __________ is a legal interest in an item of personal property that secures the payment of a debt.
implied warranty
security interest
possessory interest
mechanic's warranty
True or False. An aircraft incident is an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage.
True
False
Select the appropriate purpose of use for your aircraft insurance if you use your aircraft solely for crop dusting.
Industrial Aid
Limited commercial
Special Flight Permit (Ferry Permit)
Special use
(a) coverage is insurance that covers loss of the aircraft.
Which of the following is not an unlimited liability business?
sole proprietorship
general partnership
limited partnership
corporation
What test does the Internal Revenue Service (IRS) apply to determine whether a person is an independent contractor or an employee of a business?
the sovereign citizen analysis
the right to control and direct test
the hindsight review rule
the revenue enhancement inquiry
True or False. Under the FTCA, the United States Government is generally held liable to cover the activities of government contractors or other nonemployees.
True
False
What duty of care does a contract carrier owe to its customers?
Duty of Highest Care
Reasonably Prudent Person
Reasonable Expert in Their Field
(a) passengers can be identified as those having an origin and destination within US, and their planned route does not include stops outside US.
Businesses and individuals using large and turbine-powered multiengine aircraft 50–200 hours per year will find this type of aircraft ownership most economical according to our textbook's "rule of thumb."
charters
sole ownership
fractional ownership
You are an air traffic controller employed by the FAA. An aircraft crashes in your operational sector, and an attorney for persons injured in the crash sues you personally for negligence, claiming that the instructions you gave the pilot caused the crash. Will the U.S. Attorney help you?
Yes, the U.S. Attorney will file a motion with the court substituting the United States for you as defendant in the case and will defend the case inthe name of the United States.
No, you remain individually liable for the consequences of your own negligence despite the fact you were acting in your government employment capacity.
Sources of law regarding airline liability include all of the following except:
the Warsaw Convention
the Montreal Agreement
The Montreal Convention
the Chicago Protocol
True or False: An airline can use its tariffs to limit the airline’s liability for passenger injury or death.
True
False
(a) damage is damage or failure which adversely affects the structural strength, performance or flight characteristics of the aircraft, and which would normally require major repair or replacement of the affected component.
Snow Bird Airlines flight 13 provides nonstop service between Anchorage and Phoenix. All passengers aboard today’s flight are ticketed from Anchorage to Phoenix and none has an origin or destination in another country on his or her ticket. A pressurization problem arises en route, and the crew decides to make a precautionary landing in Vancouver, Canada. If this attempted stop in Canada leads to an accident, will the Montreal Convention apply?
Yes, it will apply.
No, it will not apply
If you incorporate the business but operate it as though it were a sole proprietorship or partnership, the __________ permits a plaintiff to “pierce the corporate veil” to reach your personal assets to satisfy debts or liabilities of the business.
alter ego doctrine
duck rule
hindsight rule
batman identity doctrine
The (a) Convention of 1999, kept the Warsaw Convention’s strict liability standard but modified damage caps. Under it, the airline is liable for the first 100,000 Special Drawing Rights but a claimant may be able to obtain the full amount of compensatory damages beyond that if the airline cannot prove that it wasn’t at fault.
This doctrine originated with the divine right of kings and prevented plaintiffs from suing the monarch or those seen as doing his bidding.
respondeat superior
sovereign immunity
vicarious liability
last clear chance
