AVSM 3351: quiz three Flashcards
What are the 3 aviation-related agencies?
DOT
FAA
NTSB
what president signed the DOT Act of 1966
Lydon Johnson
what does the dot do?
develop transportation polices that provide safe, fast, efficient, and convenient transportation
what agencies do dot house?
faa
fha
fta
What act gave the FAA its final name?
DOT Act of 1966
What aviation-related agency was established through the DOT Act of 1966
NTSB
What act made the NTSB independent of the DOT
Independent Saftey Board Act of 1975
what are the 3 functions of NTSB
- 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
What are the 3 functions of administrative agencies
- rulemaking
- enforcement
- adjudication
Where are aviation rules and regulations primarily found?
Title 14 CFR (common federal regulation)
How are most laws created?
informally
What does the FAA have the authority to investigate?
if any regulations have been violated
Agencies are not allowed to perform unannounced visits and inspections. T/F
F
An agency does not need to establish probable cause to pursue information by subpoena power. T/F
T
Where is the FAAs primary investigatory privilege lie
reviews and inspections of airmen and aircraft
what are the two options in enforcement action
- notice of proposed certificate action
- notice of proposed civil penalty
are you required to respond to letters of investigation
no
What is the name of NASAs safety reporting system
ASRS
Aviation Safety Reporting System
what is the purpose of ASRS
Provide FAA with honest feedback and provide avenues for people to report concerns without fear of the FAA
what is the incentive to report
the FAAs promise to not use ASRS reports for enforcement action, unless it involves accidents or criminal offenses
What are the 5 types of ASRS
general
atc
maintenance
cabin
UAS/drone
what is ASAP
the FAA avation safety action program
who uses ASAP and why
pt 121 carriers and pt 145 maintenance
reporting accidental safety violations
Enforcement action is avoided with ASAP if (3)
- violation wasn’t deliberate
- there’s no significant unsafe condition
- violation doesn’t demonstrate lack of competency or qualifications
what do ASAP reporters receive
a warning notice or letter of correction
Warning notices and letters of correction are nonpunitive and are kept on record for two years. T/F
T
what do warning notices do
Recite the facts of violation
what do letters of corrections do
highlight steps taken by the violator to correct what led to the infraction
What does the Equal Access to Justice Act permit
indiduials/ entities to recover attorney fees and expenses from government agencies
what are the 4 requirements for the Equal Access to justice act
- individual was a party to an adversarial adjudication against a government agency
- individual or entity was on the winning party in the adjunction
- government agency’s position must not have been substantially justified
- individuals/entities seeking reward must meet eligibility requirements
What are the 4 things that make contracts binding?
- mutual agreement between all parties
- agreement must be supported by legally recognized consideration
- parties must have intellectual capacity to enter a contract
- agreement must be lawful objective
what are the 5 elements of contracts
- offer
- capacity
- lawfulness
- consideration
- acceptance
What are covenants not to compete typically found in
employment and business sale contracts
Covenants to not compete do not bar an individual from engaging in similar business for a period of time. T/F
F
when did the FTC ban covenants not to compete when did it go into effect
may 2024
september 2024
What are hold harmless clauses also called
exculpatory
What are hold harmless clauses
contract provisions that relieve parties of tort liability
do not work for willful misconduct or gross negligence
what are 3 examples of hold harmless clauses
- liability waivers
- disclaimers
- releases of liability
for a hold harmless clause to be enforceable it must be (3)
- clear
- carefully crafted
- recognized by state where activities take place
what are types of hold harmless clauses (3)
limited
intermediate
broad form
what is a example of a hold harmless clause
waiver to go sky diving
what are the 3 defenses to contracts
- was mutal agreement established?
- verbal contract (binding but hard to prove)
- statute of fraud
what are statue of frauds
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
What are the 3 remedies for breach of contract
- recission of contract
- monetary damages
- equitable damages
what are the 3 types of monetary damages
compensatory
consequential
liquidated
compensatory damage
makes things be as though the contract wasn’t breached
consequential damage
allowed with compensatory damages are not enough to cover lost
liquidated damages
parties agree to damages during a mutual agreement
for liquidated damages to be enforceable
- damages must be hard to determine
- amount of liquidated damages is reasonable
what are the 5 sources of international law
- treaties
- conventions
- customs
- general law
- court decisions and treaties
what is a treaty
formal agreement between sovereign countries
conventions are a form of treaty. T/F
T
Who sponsors conventions
international organizations
What convention formed the ICAO
Chicago Convention
who was the chicago convention overseen by
the UN
what are customs
course of dealing developed over time between nations
customs are not treated as laws by nations. T/F
F
What does public international law include
landing rights
overflight authorization
security and registration
communications
What came of the Paris Convention of 1919
the 1st successful attempt at air navigation
where do conventions get their name
from the city that they are held in
outside of the ICAO what else came from the Chicago Convention of 1944
each state having complete and exclusive sovereignty over the airspace above its territory
What is the ICAO
International Civil Aviation Organization
what are the two primary sources of international law
treaties and conventions
what act initiated aviation regulation
air commerce act of 1926