AVSM 3351: quiz three

Question 1

What are the 3 aviation-related agencies?

Answer 1

DOT
FAA
NTSB

Question 2

what president signed the DOT Act of 1966

Answer 2

Lydon Johnson

Question 3

what does the dot do?

Answer 3

develop transportation polices that provide safe, fast, efficient, and convenient transportation

Question 4

what agencies do dot house?

Answer 4

faa
fha
fta

Question 5

What act gave the FAA its final name?

Answer 5

DOT Act of 1966

Question 6

What aviation-related agency was established through the DOT Act of 1966

Answer 6

NTSB

Question 7

What act made the NTSB independent of the DOT

Answer 7

Independent Saftey Board Act of 1975

Question 8

what are the 3 functions of NTSB

Answer 8

• investigate all civil aviation accidents/ incidents
• investigate severe accidents in all other modes
• act as adjudicative body for cases involving FAA certification actions or civil penalties against airmen

Question 9

What are the 3 functions of administrative agencies

Answer 9

• rulemaking
• enforcement
• adjudication

Question 10

Where are aviation rules and regulations primarily found?

Answer 10

Title 14 CFR (common federal regulation)

Question 11

How are most laws created?

Answer 11

informally

Question 12

What does the FAA have the authority to investigate?

Answer 12

if any regulations have been violated

Question 13

Agencies are not allowed to perform unannounced visits and inspections. T/F

Answer 13

F

Question 14

An agency does not need to establish probable cause to pursue information by subpoena power. T/F

Answer 14

T

Question 15

Where is the FAAs primary investigatory privilege lie

Answer 15

reviews and inspections of airmen and aircraft

Question 16

what are the two options in enforcement action

Answer 16

• notice of proposed certificate action
• notice of proposed civil penalty

Question 17

are you required to respond to letters of investigation

Answer 17

no

Question 18

What is the name of NASAs safety reporting system

Answer 18

ASRS
Aviation Safety Reporting System

Question 19

what is the purpose of ASRS

Answer 19

Provide FAA with honest feedback and provide avenues for people to report concerns without fear of the FAA

Question 20

what is the incentive to report

Answer 20

the FAAs promise to not use ASRS reports for enforcement action, unless it involves accidents or criminal offenses

Question 21

What are the 5 types of ASRS

Answer 21

general
atc
maintenance
cabin
UAS/drone

Question 22

what is ASAP

Answer 22

the FAA avation safety action program

Question 23

who uses ASAP and why

Answer 23

pt 121 carriers and pt 145 maintenance
reporting accidental safety violations

Question 24

Enforcement action is avoided with ASAP if (3)

Answer 24

• violation wasn’t deliberate
• there’s no significant unsafe condition
• violation doesn’t demonstrate lack of competency or qualifications

Question 25

what do ASAP reporters receive

Answer 25

a warning notice or letter of correction

Question 26

Warning notices and letters of correction are nonpunitive and are kept on record for two years. T/F

Answer 26

T

Question 27

what do warning notices do

Answer 27

Recite the facts of violation

Question 28

what do letters of corrections do

Answer 28

highlight steps taken by the violator to correct what led to the infraction

Question 29

What does the Equal Access to Justice Act permit

Answer 29

indiduials/ entities to recover attorney fees and expenses from government agencies

Question 30

what are the 4 requirements for the Equal Access to justice act

Answer 30

1. individual was a party to an adversarial adjudication against a government agency 2. individual or entity was on the winning party in the adjunction 3. government agency's position must not have been substantially justified 4. individuals/entities seeking reward must meet eligibility requirements

Question 31

What are the 4 things that make contracts binding?

Answer 31

1. mutual agreement between all parties 2. agreement must be supported by legally recognized consideration 3. parties must have intellectual capacity to enter a contract 4. agreement must be lawful objective

Question 32

what are the 5 elements of contracts

Answer 32

- offer - capacity - lawfulness - consideration - acceptance

Question 33

What are covenants not to compete typically found in

Answer 33

employment and business sale contracts

Question 34

Covenants to not compete do not bar an individual from engaging in similar business for a period of time. T/F

Answer 34

F

Question 35

when did the FTC ban covenants not to compete when did it go into effect

Answer 35

may 2024 september 2024

Question 36

What are hold harmless clauses also called

Answer 36

exculpatory

Question 37

What are hold harmless clauses

Answer 37

contract provisions that relieve parties of tort liability do not work for willful misconduct or gross negligence

Question 38

what are 3 examples of hold harmless clauses

Answer 38

- liability waivers - disclaimers - releases of liability

Question 39

for a hold harmless clause to be enforceable it must be (3)

Answer 39

- clear - carefully crafted - recognized by state where activities take place

Question 40

what are types of hold harmless clauses (3)

Answer 40

limited intermediate broad form

Question 41

what is a example of a hold harmless clause

Answer 41

waiver to go sky diving

Question 42

what are the 3 defenses to contracts

Answer 42

- was mutal agreement established? - verbal contract (binding but hard to prove) - statute of fraud

Question 43

what are statue of frauds

Answer 43

require certain contracts to be written and include contracts that are transfering or involving land cannot be completed in 1 year are for the sale of a good over $500

Question 44

What are the 3 remedies for breach of contract

Answer 44

- recission of contract - monetary damages - equitable damages

Question 45

what are the 3 types of monetary damages

Answer 45

compensatory consequential liquidated

Question 46

compensatory damage

Answer 46

makes things be as though the contract wasn't breached

Question 47

consequential damage

Answer 47

allowed with compensatory damages are not enough to cover lost

Question 48

liquidated damages

Answer 48

parties agree to damages during a mutual agreement

Question 49

for liquidated damages to be enforceable

Answer 49

- damages must be hard to determine - amount of liquidated damages is reasonable

Question 50

what are the 5 sources of international law

Answer 50

- treaties - conventions - customs - general law - court decisions and treaties

Question 51

what is a treaty

Answer 51

formal agreement between sovereign countries

Question 52

conventions are a form of treaty. T/F

Answer 52

T

Question 53

Who sponsors conventions

Answer 53

international organizations

Question 54

What convention formed the ICAO

Answer 54

Chicago Convention

Question 55

who was the chicago convention overseen by

Answer 55

the UN

Question 56

what are customs

Answer 56

course of dealing developed over time between nations

Question 57

customs are not treated as laws by nations. T/F

Answer 57

F

Question 58

What does public international law include

Answer 58

landing rights overflight authorization security and registration communications

Question 59

What came of the Paris Convention of 1919

Answer 59

the 1st successful attempt at air navigation

Question 60

where do conventions get their name

Answer 60

from the city that they are held in

Question 61

outside of the ICAO what else came from the Chicago Convention of 1944

Answer 61

each state having complete and exclusive sovereignty over the airspace above its territory

Question 62

What is the ICAO

Answer 62

International Civil Aviation Organization

Question 63

what are the two primary sources of international law

Answer 63

treaties and conventions

Question 64

what act initiated aviation regulation

Answer 64

air commerce act of 1926