AVSM 3351: midterm Flashcards
law is
- binding
- enforceable
- punishable
what are the 3 functions of law
- provide orderly dispute
- protect property law
- preserve structure and integrity of government
what are the 5 sources of law
- constitution
- treaties
- code law
- common law
- administrative rules and regulations
what are the 4 classifications of law
- subject matter
- criminal and civil
- federal and state
- private and public
what must an effective legal system be(4)
- available
- fair
- adaptable
- stable
what are the binding methods for dispute resolution
- case evaluation
- arbitrator
what are the nonbinding methods for dispute resolution
- negotiation
- mediation
what are the 6 criminal laws affecting aviation
- mail and wire fraud
- document falsification
- Hazardous Materials Transportation Act
- terrorism
- resource conservation and recovery act
- miscellaneous criminal provisions
what is terrorism
intentionally damaging aircraft or aviation facility
what is mail or wire fraud
fraudulent behavior using usps mail or wire communication
what is tort
act or omission that gives rise to injury or harm to another
what is injury
invaison of any legal right
what is harm
loss or detriment that one suffer
what are the 4 types of tort
- intentional
- negligence
- wrongful death
- strict product liability
what are the 6 types of intentional tort
- assault
- battery
- false imprisonment
- intentional infliction of emotional distress
- defamation
- trespass
what are the 3 elements of negligence
- defendant owes duty of care to plaintiff
- there is a breach of care
- breach of care is proximate cause of plaintiff’s injury
what is duty of care
duty owed to everyone who could reasonably be foreseen to be harmed by carelessness
what is wrongful death
gives close relatives of deceased legal authority to sue for wrongfully caused deaths
under typical common law, someone could only be held liable under tort for [blank] but not death
injury
one who sells a product that is defective and unreasonably dangerous to person or property is subject to liability if…(2)
- seller is engaged in business of selling such product
- its expected/does reach user without substantial change
what are the 4 elements of strict product liability
- the defendant is a merchant
- the product is defective at time its sold
- product is unreasonably dangerous
- product causes harm to person or property
tort law fall [blank] what and amounts for [blank]
- common law
- civil wrong
what are the 4 possible defenses for product liability
- product misuse
- assumption of risk
- contributory negligence
- comparative negligence
does contributory negligence or comparative negligence prevent you from collecting damages if you are partially at fault
contributory
