Chapter 3 & 4

Question 1

In Criminal Law, what are the levels of fault?

Answer 1

Subjective, Objective, Strict Liability

Question 2

Subjective Fault

Answer 2

Knowing, Purposeful, Reckless
Assault, Theft, Fraud

Question 3

Objective Fault

Answer 3

Careless, Negligent
Careless operation of a vehicle, bad checks

Question 4

Strict Liability

Answer 4

Hazardous Spills

Question 5

Crimal Violators can be faced with?

Answer 5

Imprisonment or Death
Fines
Restitution Payments
Probabtion
Community Service

Question 6

Two Parts of a Crime?

Answer 6

Act - actus reas
Intent - mens reas

Question 7

Examples of Felonies

Answer 7

Murder
Rape
Armed Robbery
Embezzlement
Bribery

Question 8

Examples of Misdemeanors

Answer 8

Disorderly Conduct
Vandalism
Trespass
Shoplifting
Public Intoxication

Question 9

Examples of Violations

Answer 9

Traffic Infractions
Jaywalking
Other Similar Crimes

Question 10

What are the steps in a Criminal procedure?

Answer 10

1. Arrest
2. Indictment
3. Arraignment
4. Plea Bargains
5. Trial
6. Appeal

Question 11

What is the Fourth Amendment?

Answer 11

Protection from unreasonable search and seizures.

Question 12

Search Warrant must be based on?

Answer 12

Probable Cause

Question 13

What are the exceptions to needing a warrant for a search or seizure?

Answer 13

1. incident to arrest
2. plain sight of police
3. exigent circumstances
4. in plain sight of the public
5. drug dogs
6. inventory of arrestee
7. permission is given
8. highly regulated business

Question 14

What is the Fifth Amendment?

Answer 14

Protection from self-incrimination & Double Jeopardy

Question 15

No person shall be …

Answer 15

compelled in any criminal case to be a witness against himself.

Question 16

Fifth Amendment privilege does not extend to …

Answer 16

DNA Samples
Fingerprints
Bloodstains
Other physical evidence

Question 17

Fifth Amendment is the foundation of …

Answer 17

The Miranda Rights

Question 18

Double Jeopardy means …

Answer 18

No person “…shall be subject for the same offense to be twice put in jeopardy of life of limb.”

Question 19

What is the Sixth Amendment?

Answer 19

Speedy, impartial and public trial

Question 20

Other Sixth Amendment Rights …

Answer 20

Jury Trial
Information regarding crime
confront and cross-examination
compel favorable witnesses
assistance of counsel

Question 21

Betts v. Brady

Answer 21

counsel only provided for capitol offenses

Question 22

Gideon v. Wainwright

Answer 22

Supreme Court overturned the Betts case, and assistance of counsel is provided to all criminal prosecutions.

Question 23

Federal statutory law requires that a trial begins no more than _______ days after indictment.

Answer 23

70

Question 24

What is the Eighth Amendment?

Answer 24

Prohibits cruel or unusual punishment
*prohibition against torture, but doesn’t prohibit capitol punishment.

Question 25

5 Criminal Laws affecting Aviation

Answer 25

1. Document Falsification 2. Mail and Wire Fraud 3. Hazardous Material Transportation 4. Resource Conservation & Recovery Act 5. Miscellaneous Crimes

Question 26

Examples of Document Falsification

Answer 26

Aircraft Maintenance Logbook Application for Medical Certificate Pilot entries in a logbook

Question 27

Punishment for Document Falsification and US Code?

Answer 27

5 years; 18 USC 1001

Question 28

Examples of Mail and Wire Fraud

Answer 28

Phone, Fax, Computer, TV Maintenance Log and Safety Ads

Question 29

Punishment for Wire Fraud and US code?

Answer 29

5 years, but can be stacked (actual crime + fraud) for a total of 10 years 18 USC 1341 & 1343

Question 30

Examples of Haz. Mat. Transportation

Answer 30

Packaging Storing labeling Haz. Materials

Question 31

HAz. Mat. US Code?

Answer 31

49 USC 5101

Question 32

Resource Conservation and Recovery Act (RCRA) examples?

Answer 32

Disposal Treatment Transportation Storage of Haz. waste

Question 33

Punishment for RCRA violations and US Code

Answer 33

5 years - 50K fine per day USC 6928

Question 34

Miscellaneous Crimes ...

Answer 34

certificate forgery operating and unregistered aircraft unauthorized fuel tank modifications failure to comply with NTSB or DOT subpoena

Question 35

What is a TORT?

Answer 35

A civil wrongdoing

Question 36

What type of remedy is sought with a tort?

Answer 36

Most often Monetary Medical expenses, lost wages, property damage

Question 37

3 Tort Objectives

Answer 37

1. Compensate persons who are injured 2. Require those who caused the injury to pay 3. Prevent future injury

Question 38

3 Elements of a Tort

Answer 38

1. Breach of a duty 2. Proximate cause of an injury 3. Injury or damage to a person legally protected

Question 39

Two types of Torts?

Answer 39

Intentional & Unintentional

Question 40

Intentional Torts ... (8)

Answer 40

Assault Battery False imprisonment Intentional Infliction of Emotional Distress Defamation Trespass to Real Property Trespass to personal property Conversion of Personal Property

Question 41

What is an Assault?

Answer 41

perceived fear of immediate or immenant harm

Question 42

Elements of an Assault

Answer 42

There is no requirement for physical contact *The threat of future harm does not count

Question 43

What is Battery?

Answer 43

Intentional, unauthorized, harmful or offensive contact with another

Question 44

Elements of battery

Answer 44

Victim does not need to be aware *can be battered without being assaulted (punched in back of head, didn't see it coming)