Big Quiz Flashcards
What is precedent? What 3 things does it give us?
- Forces judges to follow cases that have already been decided
- Stability, Predictability, and Fairness
- US v. Causby (dead chicken case)
WHY is precedent important?
It ensures fairness and dampens swings of public opinion
Explain what “free speech” means, and use an example to illustrate it and its limitations
- The right ends when you interfere with OTHERS rights to perform their duties
- You cannot be disruptive (US v Hicks) time place and manner (ex protesters at a funeral, hate speech, etc.)
Draw and label the scale of evidence.
99% - Guilt Beyond Reasonable Doubt
75% - Arbitrary and Capricious (administrative appeal standard)
51% - Preponderance (civil case standard)
25% - Probable Cause (constitutional requirement)
15% - Reasonable Suspicion (used with traffic stops, to FIND probable cause)
0% - Administrative/suspicionless searches “beyond this point you are subject to searches” like at an airport but this cannot be used if it’s done discriminatorally
What is the standard of review for administrative appeals?
75% Arbitrary and Capricious
Admin. v. Murphey and Vernick
What are the 4 main types of property? Where do property cases fall on the Scale of Evidence?
- Unclaimed/abandoned
- Lost
- Misplaced/Mislaid
- Treasure
- Property is civil, so Preponderance (51%)
List and explain the four elements of negligence. What is one case example that showed these elements?
- Duty
- Breach
- Causation
- Damages
(Telliride case pilot flying backwards on ILS)
What are the 3 defenses to negligence?
- Contributory Negligence
- Comparative Fault
- Assumption of Risk
What are the 3 different ways to make rules?
- Formal
- Informal
- Adjudication
(Christensen v. Harris)
FAA sanction for cheating = _____
Revocation
What does Emergency Revocation mean? How long do you have to appeal?
- You are done instantly with no process
- 48 hours
What 2 circumstances must be met for the Aviation Safety Reporting System (ASRS) to protect you?
The act must have been:
1. Inadvertent/not deliberate
2. Not Foreseeable
(Ferguson v. NTSB)
What did the Leckbee v. Continental case conclude?
Eggshell skull - If you hurt someone who is fragile that is still you’re liability
(Quam v. Nelson) Nelson’s a/c was tied down on Quam’s field but got flipped by a windstorm. What was decided?
Negligence because Quam had a duty to keep the aircraft tied down, and this duty was breached by providing Bad Ropes
Are UAS considered to be Aircraft?
Yes! (Huerta v. Pirker)
Define “due process”
Fair treatment in the judicial system
What is an example of a case where Due Process was violated?
- Merritt v. Shuttle
- Pilot (Merritt) is dispatched and cleared to takeoff into a tornado
- This resulted in an involuntary taking of Merritt’s certs. after he was locked in a closet and dispatching records were illegally changed
On the Scale of Evidence, what is the civil case standard?
Preponderance (51%)
If you let your friend borrow your car, what is that considered?
A bailment
Where does the judiciary get the power to decide what the law is?
- Marbury v Madison (not the constitution)
List in order each step in the process of FAA enforcement, from investigation through appeals
- Letter of Investigation/Pilot’s Bill of Rights notification
- FAA Review Process
- NTSB Review
- NTSB Full Board
- Federal District Court
How does the PBR affect the enforcement process?
Once you get a PBR notification telling you that you are subject to an investigation, any info you provide that could be used against you is valid and legal
(Like the reading of your Miranda Rights)
Regarding FAA enforcement, what does “forseeability” mean for aviation professionals?
ASRS will not protect you if the violation is deemed forseeable
Why should you record the title for your aircraft with the FAA?
Establishes a publicly available record claiming you aircraft
What does Subrogation mean in regards to insurance?
- Bad for the Insured
- The substitution of a person/group in respect of a debt/insurance claim, accompanied by the transfer of any associated rights and duties
- (your insurance will pay for people you hurt, then come after you if it is your fault)
- Case where the FBO let a criminal take a plane on accident. The insurance company paid its client out for the loss and then SUBROGATED against the FBO because they were at fault
What does indemnification mean in regards to insurance?
- Good for the insured
- When one party promises to compensate the loss occurred to the other party, due to the act of the promisor or any other party.
- (if the terms of the contract are met, then you are covered by the insurance company and will be indemnified)
What are your legal duties are as a “reasonable person”
- An average person with no special training
- Reasonable duties and reasonable mistakes
What are your legal duties as a professional?
- Greater than the duties of a “reasonable person”
What should the main character of Murder on a Sunday Morning done differently?
- He should NOT have talked to the police
- He should have asked for a lawyer
At what point do you waive your 4th Amend. rights?
- When you have been NOTICED (usually via sign) that you are subject to search
What is the AIM?
Quasi-regulatory
If one product out of the batch is bad, it is a ______
Manufacturing Defect
If ALL the products are bad, it is a _____
Design Flaw
What is a 709?
A surprise check ride from the FAA on whatever they deem necessary
FAA enforcement for Falsification = ________
Revocation
In Kraley v. NTSB, Kraley was pulled over but refused to take the field sobriety tests, so he was issued a DUI and the FAA ______ his certs
Revoked
What are 3 types of Federal Preemption?
- Express (when federal law provisions superced state law)
- Field (implied from federal law that congress intended to preempt the field)
- Conflict (when federal and state laws conflict)
Christensen v. Harris concluded that:
Opinions are not rules, so “interpretations” should be made carefully
What are the 6 steps involved with the No-Fly List
- Suspicion
- Initial Threat Assessment
- 15 Days to write back and get NON-classified info. on why
- File a written rebuttal
- TSA Review
- Final Notification
What are the 4 parts of common carriage?
(1) Holding out a willingness (2) to transport people of property (3) from place to place (4) for compensation
Falsification for Cheating = _______
Revocation
What are the 5 elements of Fraud?
- False Representation
- Material Fact
- Made with knowledge
- Intent to Deceive
- Action taken in Reliance
Marbury v. Madison determined that it is emphatically the province and duty of the court to: _______
“Say what the law is”
Gideon v. Wainwright determined that in all criminal prosecutions, the accused shall have: __________
“the right to council”
Griggs v. Allegheny determined that the use of land for an airport presupposes the use of: __________
the land around you
What is an Easement?
When someone else has the RIGHT to use your land
US v. Causby determined that flights over private land are not takings UNLESS: _______
They are so low and so frequent as to become a taking
What are the 3 types of Zoning?
- Use Zoning
- Bulk Zoning
- Height Zoning
What are the 3 types of Speech Fora? What types do airports have?
- Private Fora
- Limited Public Fora
- Public Fora
- Airports use Limited Public Fora
Ex post facto law says what?
You cannot be retroactively punished
What is a Tort? Give a case example.
- A wrongful act or infringement of a right (other than under contract) leading to civil legal liability
- Bikes with airbags under seats that would be deployed if the bikes were stolen
“Res Ipsa Loquiter” is the concept that:
- It speaks for itself
- Airplanes do not crash by themselves…
- No such thing as coincidences
What is an order of Mandamus?
Essentially a court order to an individual to do their job
In Goldberg v. Kollsman (bad altimeter case) what was decided?
Components manufacturers are NOT liable for product defects in Aviation!
What are the 3 types of Breaches (of contract)?
- Minor
- Major
- Condition
What are the 3 types of Warranties?
- Implied
- Expenses
- Disclaimed “as-is”
What 5 elements must occur for a VALID Contract to be formed?
- Offer
- Acceptance
- Consideration
- Mutuality
- Capacity
TRUE or FALSE: When you park your a/c at an FBO you assume bailment over it, therefore it is protected from theft.
True…
What does it mean if there are Leans on an a/c?
- Means there is debt owed on the a/c (for mx, etc.)
- Until that debt is paid, that person/company owns a share in the a/c
Liability arises ONLY in a/c embarkment/disembarkment if there is an accident that occurs ______ and ______ to the passenger
Unusually and Externally
What does “Constructive Possession” mean?
If you are carrying a weapon but are unaware, it is treated as if you ARE aware.
US v. Doe established that the TSA is there to identify ______
Threats to security ONLY
- Need search warrant after it has been established that there is not threat to security
