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fall 24 > AVSM 3351: quiz three > Flashcards

AVSM 3351: quiz three Flashcards

1
Q

What are the 3 aviation-related agencies?

A

DOT
FAA
NTSB

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2
Q

what president signed the DOT Act of 1966

A

Lydon Johnson

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3
Q

what does the dot do?

A

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

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4
Q

what agencies do dot house?

A

faa
fha
fta

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5
Q

What act gave the FAA its final name?

A

DOT Act of 1966

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6
Q

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

A

NTSB

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7
Q

What act made the NTSB independent of the DOT

A

Independent Saftey Board Act of 1975

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8
Q

what are the 3 functions of NTSB

A
  • 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
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9
Q

What are the 3 functions of administrative agencies

A
  • rulemaking
  • enforcement
  • adjudication
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10
Q

Where are aviation rules and regulations primarily found?

A

Title 14 CFR (common federal regulation)

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11
Q

How are most laws created?

A

informally

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12
Q

What does the FAA have the authority to investigate?

A

if any regulations have been violated

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13
Q

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

A

F

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14
Q

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

A

T

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15
Q

Where is the FAAs primary investigatory privilege lie

A

reviews and inspections of airmen and aircraft

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16
Q

what are the two options in enforcement action

A
  • notice of proposed certificate action
  • notice of proposed civil penalty
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17
Q

are you required to respond to letters of investigation

A

no

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18
Q

What is the name of NASAs safety reporting system

A

ASRS
Aviation Safety Reporting System

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19
Q

what is the purpose of ASRS

A

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

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20
Q

what is the incentive to report

A

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

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21
Q

What are the 5 types of ASRS

A

general
atc
maintenance
cabin
UAS/drone

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22
Q

what is ASAP

A

the FAA avation safety action program

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23
Q

who uses ASAP and why

A

pt 121 carriers and pt 145 maintenance
reporting accidental safety violations

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24
Q

Enforcement action is avoided with ASAP if (3)

A
  • violation wasn’t deliberate
  • there’s no significant unsafe condition
  • violation doesn’t demonstrate lack of competency or qualifications
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25
Q

what do ASAP reporters receive

A

a warning notice or letter of correction

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26
Q

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

A

T

27
Q

what do warning notices do

A

Recite the facts of violation

28
Q

what do letters of corrections do

A

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

29
Q

What does the Equal Access to Justice Act permit

A

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

30
Q

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

A
  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
31
Q

What are the 4 things that make contracts binding?

A
  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
32
Q

what are the 5 elements of contracts

A
  • offer
  • capacity
  • lawfulness
  • consideration
  • acceptance
33
Q

What are covenants not to compete typically found in

A

employment and business sale contracts

34
Q

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

A

F

35
Q

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

A

may 2024
september 2024

36
Q

What are hold harmless clauses also called

A

exculpatory

37
Q

What are hold harmless clauses

A

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

38
Q

what are 3 examples of hold harmless clauses

A
  • liability waivers
  • disclaimers
  • releases of liability
39
Q

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

A
  • clear
  • carefully crafted
  • recognized by state where activities take place
40
Q

what are types of hold harmless clauses (3)

A

limited
intermediate
broad form

41
Q

what is a example of a hold harmless clause

A

waiver to go sky diving

42
Q

what are the 3 defenses to contracts

A
  • was mutal agreement established?
  • verbal contract (binding but hard to prove)
  • statute of fraud
43
Q

what are statue of frauds

A

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

44
Q

What are the 3 remedies for breach of contract

A
  • recission of contract
  • monetary damages
  • equitable damages
45
Q

what are the 3 types of monetary damages

A

compensatory
consequential
liquidated

46
Q

compensatory damage

A

makes things be as though the contract wasn’t breached

47
Q

consequential damage

A

allowed with compensatory damages are not enough to cover lost

48
Q

liquidated damages

A

parties agree to damages during a mutual agreement

49
Q

for liquidated damages to be enforceable

A
  • damages must be hard to determine
  • amount of liquidated damages is reasonable
50
Q

what are the 5 sources of international law

A
  • treaties
  • conventions
  • customs
  • general law
  • court decisions and treaties
51
Q

what is a treaty

A

formal agreement between sovereign countries

52
Q

conventions are a form of treaty. T/F

A

T

53
Q

Who sponsors conventions

A

international organizations

54
Q

What convention formed the ICAO

A

Chicago Convention

55
Q

who was the chicago convention overseen by

A

the UN

56
Q

what are customs

A

course of dealing developed over time between nations

57
Q

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

A

F

58
Q

What does public international law include

A

landing rights
overflight authorization
security and registration
communications

59
Q

What came of the Paris Convention of 1919

A

the 1st successful attempt at air navigation

60
Q

where do conventions get their name

A

from the city that they are held in

61
Q

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

A

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

62
Q

What is the ICAO

A

International Civil Aviation Organization

63
Q

what are the two primary sources of international law

A

treaties and conventions

64
Q

what act initiated aviation regulation

A

air commerce act of 1926

fall 24 (9 decks)

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