AVSM 3351: midterm Flashcards

1
Q

law is

A
  • binding
  • enforceable
  • punishable
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2
Q

what are the 3 functions of law

A
  • provide orderly dispute
  • protect property law
  • preserve structure and integrity of government
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3
Q

what are the 5 sources of law

A
  • constitution
  • treaties
  • code law
  • common law
  • administrative rules and regulations
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4
Q

what are the 4 classifications of law

A
  • subject matter
  • criminal and civil
  • federal and state
  • private and public
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5
Q

what must an effective legal system be(4)

A
  • available
  • fair
  • adaptable
  • stable
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6
Q

what are the binding methods for dispute resolution

A
  • case evaluation
  • arbitrator
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7
Q

what are the nonbinding methods for dispute resolution

A
  • negotiation
  • mediation
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8
Q

what are the 6 criminal laws affecting aviation

A
  • mail and wire fraud
  • document falsification
  • Hazardous Materials Transportation Act
  • terrorism
  • resource conservation and recovery act
  • miscellaneous criminal provisions
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9
Q

what is terrorism

A

intentionally damaging aircraft or aviation facility

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10
Q

what is mail or wire fraud

A

fraudulent behavior using usps mail or wire communication

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11
Q

what is tort

A

act or omission that gives rise to injury or harm to another

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12
Q

what is injury

A

invaison of any legal right

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13
Q

what is harm

A

loss or detriment that one suffer

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14
Q

what are the 4 types of tort

A
  • intentional
  • negligence
  • wrongful death
  • strict product liability
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15
Q

what are the 6 types of intentional tort

A
  • assault
  • battery
  • false imprisonment
  • intentional infliction of emotional distress
  • defamation
  • trespass
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16
Q

what are the 3 elements of negligence

A
  • defendant owes duty of care to plaintiff
  • there is a breach of care
  • breach of care is proximate cause of plaintiff’s injury
17
Q

what is duty of care

A

duty owed to everyone who could reasonably be foreseen to be harmed by carelessness

18
Q

what is wrongful death

A

gives close relatives of deceased legal authority to sue for wrongfully caused deaths

19
Q

under typical common law, someone could only be held liable under tort for [blank] but not death

A

injury

20
Q

one who sells a product that is defective and unreasonably dangerous to person or property is subject to liability if…(2)

A
  • seller is engaged in business of selling such product
  • its expected/does reach user without substantial change
21
Q

what are the 4 elements of strict product liability

A
  • the defendant is a merchant
  • the product is defective at time its sold
  • product is unreasonably dangerous
  • product causes harm to person or property
22
Q

tort law fall [blank] what and amounts for [blank]

A
  • common law
  • civil wrong
23
Q

what are the 4 possible defenses for product liability

A
  • product misuse
  • assumption of risk
  • contributory negligence
  • comparative negligence
24
Q

does contributory negligence or comparative negligence prevent you from collecting damages if you are partially at fault

A

contributory

25
Q

what are the 3 aviation-related agencies

A
  • dot
  • faa
  • ntsb
26
Q

what presiendent essablished DOT

A

lydon johnson

27
Q

who is the US Secretary of Transportation

A

Pete Buttigieg

28
Q

what act made NTSB a independent agency

A

the independant safety borad act of 1975

29
Q

what act established DOT

A

DOT act of 1966

30
Q

what act established federal aviation agency

A

federal aviation act of 1958

31
Q

what were the other three names of the FAA

A
  • civil aeronautics administration(caa)
  • civil aeronautics board(cab)
  • federal aviation agency(faa)
32
Q

what act renamed the faa as federal aviation administration

A

DOT act of 1966

33
Q

when was DOT established

A

october 15 1966

34
Q

what are the 3 types of criminal laws

A
  • felonies
  • misdemeanors
  • violations