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Aviation Law & Policy Review 2

Total questions: 55

Worksheet time: 32mins

Name
Class
Date
1.

The __________ Rule states that under most circumstances, win or lose, each party to a lawsuit is responsible to pay their own attorneys’ fees.

a)

Fiscal Soundness

b)

Financial Responsibility

c)

American

d)

Contingency Fee

2.

This tort is the act of presenting information that is intended to deceive another, with knowledge that the information is false and damage results.

a)

conversion

b)

false official statement

c)

fibbing

d)

fraudulent misrepresentation

3.

Under what theory can employers be held liable for the negligence of employees?

(a)  

4.

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?

a)

trespass

b)

false arrest

c)

false imprisonment

d)

conversion

5.

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.

a)

negligence

b)

strict liability (product liability)

c)

strict liability (ultra hazardous materials)

d)

intentional torts

6.

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:

a)

Statute of Repose

b)

Statute of Justice

c)

Statute of Limitations

d)

Statute of Liberty

7.

This element of causation focuses on the foreseeability of the harm that occurred.

a)

probable cause

b)

actual cause

c)

proximate cause

d)

"but for" cause

8.

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.

a)

Trespass

b)

conversion

c)

larceny

d)

wrongful appropriation

9.

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?

a)

True

b)

False

10.

The tort of (a)   consists of intentionally confining, restraining or detaining another person against their will.

11.

This is an outrageous act committed with the intent of causing emotional distress on another?

a)

negligent infliction of mental distress

b)

intentional infliction of mental distress

c)

unlawful outrage

d)

emotional conversion

12.

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.

a)

res ipsa loquitur

b)

negligence per se

c)

strict liability

d)

res judicata

13.

This is a harmful or offensive contact with another person with intent to cause contact and without the consent of the other person?

a)

Assault

b)

Battery

c)

Conversion

d)

Unlawful touching

14.

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?

a)

vicarious liability

b)

sudden emergency doctrine

c)

res ipsa loquitur

d)

last clear chance doctrine

15.

(a)   is part of the trial process where each side can learn about the other's case.

16.

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.

a)

limited commercial

b)

industrial aid

c)

special use

d)

commercial except instruction and rental

17.

.  __________ damages compensate injured persons or their survivors for losses such as medical expenses, lost earnings, and pain and suffering.

a)

Exemplary

b)

Compensatory

c)

Punitive

d)

Cumulative

18.

This type of aircraft insurance covers injuries to people and property other than the aircraft.

a)

liability coverage

b)

hull coverage

c)

lost wage coverage

d)

comprehensive coverage

19.

Which of the following are not elements of negligence?

a)

duty

b)

damages

c)

intention

d)

breach of duty

e)

causation

20.

True or False:  A common carrier is prohibited by law from using exculpatory contracts.

a)

True

b)

False

21.

Who has to always take the “Duty of Highest Care” for their customers?

          

a)

Common Carriers

b)

Private Carriers

c)

Contract Carriers

d)

Acrobatic Flight schools

22.

An airline (a)   is the total agreement between the airline and passenger.  It can usually be viewed upon request or downloaded.

23.

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?

a)

First Federal BANK recorded a security interest with the FAA Aircraft Registry on January 25, 2017 and the International registry on February 15, 2017.

b)

Max’s Navigation Shop recently upgraded all navigation systems and is in possession of the Aircraft.  He has not been paid.

c)

Bank of America recorded a security interest with the FAA Aircraft Registry on July 1, 2004.

24.

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.

a)

True

b)

False

25.

True or False:  No Tort Claim may be filed against a government agency under FTCA until all administrative relief is exhausted.

a)

True

b)

False

26.

True or False.  After an aircraft accident, you should immediately file a NASA Safety Report.

a)

True

b)

False

27.

For Aircraft Accident reporting purposes, a serious injury includes all of the following except:

a)

Requires hospitalization for more than 48 hours commencing within 7 days from the date the injury was received

b)

results in fractures of fingers, toes, or nose

c)

causes severe hemorrhages, nerve, muscle, or tendon damage

d)

involves any internal organ

28.

(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.

29.

A written report is required to be submitted to the National Transportation Safety Board (NTSB) within __________ days of an aircraft accident?

a)

5

b)

10

c)

20

d)

only when required by the NTSB

30.

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.

a)

common law

b)

civil law

c)

uniform commercial code

d)

uniform civil code

31.

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?

a)

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.

b)

Bank of America recorded a security interest with the FAA Aircraft Registry on July 1, 2004.

c)

First Federal Bank recorded a security interest with the FAA Aircraft Registry on January 25, 2017 and the International registry on February 15, 2017.

32.

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.

a)

an aircraft purchase agreement

b)

a master interchange agreement

c)

a joint ownership agreement

d)

an aircraft management agreement

33.

True or False. Verbal express or implied warranties may be disclaimed but to do so the disclaimer must be in writing and conspicuous.

a)

True

b)

False

34.

The statement, “It’s a great little airplane; you won’t find a better one anywhere” is an example of:

a)

an express warranty

b)

an implied warranty

c)

commercial puffery

35.

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.

a)

assumption of risk

b)

exculpatory contract

c)

lease

d)

credit check

36.

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?

a)

Nothing, because you understand that anything you say may be used by the FAA in a certificate action later.

b)

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.

37.

True or False. A title search at the FAA Aircraft Registry in Oklahoma City will reveal all valid security interests in an aircraft.

a)

True

b)

False

38.

A __________ is a legal interest in an item of personal property that secures the payment of a debt.

a)

implied warranty

b)

security interest

c)

possessory interest

d)

mechanic's warranty

39.

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.

a)

True

b)

False

40.

Select the appropriate purpose of use for your aircraft insurance if you use your aircraft solely for crop dusting.

a)

Industrial Aid

b)

Limited commercial

c)

Special Flight Permit (Ferry Permit)

d)

Special use

41.

(a)   coverage is insurance that covers loss of the aircraft.

42.

Which of the following is not an unlimited liability business?

a)

sole proprietorship

b)

general partnership

c)

limited partnership

d)

corporation

43.

What test does the Internal Revenue Service (IRS) apply to determine whether a person is an independent contractor or an employee of a business?

a)

the sovereign citizen analysis

b)

the right to control and direct test

c)

the hindsight review rule

d)

the revenue enhancement inquiry

44.

True or False. Under the FTCA, the United States Government is generally held liable to cover the activities of government contractors or other nonemployees.

a)

True

b)

False

45.

What duty of care does a contract carrier owe to its customers?

a)

Duty of Highest Care

b)

Reasonably Prudent Person

c)

Reasonable Expert in Their Field

46.

(a)   passengers can be identified as those having an origin and destination within US, and their planned route does not include stops outside US.

47.

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."

a)

charters

b)

sole ownership

c)

fractional ownership

48.

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?

a)

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.

b)

No, you remain individually liable for the consequences of your own negligence despite the fact you were acting in your government employment capacity.

49.

Sources of law regarding airline liability include all of the following except:

a)

the Warsaw Convention

b)

the Montreal Agreement

c)

The Montreal Convention

d)

the Chicago Protocol

50.

True or False: An airline can use its tariffs to limit the airline’s liability for passenger injury or death.

a)

True

b)

False

51.

(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.

52.

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?

a)

Yes, it will apply.

b)

No, it will not apply

53.

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.

a)

alter ego doctrine

b)

duck rule

c)

hindsight rule

d)

batman identity doctrine

54.

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.

55.

This doctrine originated with the divine right of kings and prevented plaintiffs from suing the monarch or those seen as doing his bidding.

a)

respondeat superior

b)

sovereign immunity

c)

vicarious liability

d)

last clear chance