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Aviation Law > Chapter 3 & 4 > Flashcards

Chapter 3 & 4 Flashcards

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1
Q

In Criminal Law, what are the levels of fault?

A

Subjective, Objective, Strict Liability

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2
Q

Subjective Fault

A

Knowing, Purposeful, Reckless
Assault, Theft, Fraud

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3
Q

Objective Fault

A

Careless, Negligent
Careless operation of a vehicle, bad checks

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4
Q

Strict Liability

A

Hazardous Spills

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5
Q

Crimal Violators can be faced with?

A

Imprisonment or Death
Fines
Restitution Payments
Probabtion
Community Service

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6
Q

Two Parts of a Crime?

A

Act - actus reas
Intent - mens reas

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7
Q

Examples of Felonies

A

Murder
Rape
Armed Robbery
Embezzlement
Bribery

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8
Q

Examples of Misdemeanors

A

Disorderly Conduct
Vandalism
Trespass
Shoplifting
Public Intoxication

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9
Q

Examples of Violations

A

Traffic Infractions
Jaywalking
Other Similar Crimes

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10
Q

What are the steps in a Criminal procedure?

A
  1. Arrest
  2. Indictment
  3. Arraignment
  4. Plea Bargains
  5. Trial
  6. Appeal
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11
Q

What is the Fourth Amendment?

A

Protection from unreasonable search and seizures.

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12
Q

Search Warrant must be based on?

A

Probable Cause

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13
Q

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

A
  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
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14
Q

What is the Fifth Amendment?

A

Protection from self-incrimination & Double Jeopardy

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15
Q

No person shall be …

A

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

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16
Q

Fifth Amendment privilege does not extend to …

A

DNA Samples
Fingerprints
Bloodstains
Other physical evidence

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17
Q

Fifth Amendment is the foundation of …

A

The Miranda Rights

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18
Q

Double Jeopardy means …

A

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

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19
Q

What is the Sixth Amendment?

A

Speedy, impartial and public trial

20
Q

Other Sixth Amendment Rights …

A

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

21
Q

Betts v. Brady

A

counsel only provided for capitol offenses

22
Q

Gideon v. Wainwright

A

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

23
Q

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

A

70

24
Q

What is the Eighth Amendment?

A

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

25
Q

5 Criminal Laws affecting Aviation

A
  1. Document Falsification
  2. Mail and Wire Fraud
  3. Hazardous Material Transportation
  4. Resource Conservation & Recovery Act
  5. Miscellaneous Crimes
26
Q

Examples of Document Falsification

A

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

27
Q

Punishment for Document Falsification and US Code?

A

5 years; 18 USC 1001

28
Q

Examples of Mail and Wire Fraud

A

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

29
Q

Punishment for Wire Fraud and US code?

A

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

30
Q

Examples of Haz. Mat. Transportation

A

Packaging
Storing
labeling Haz. Materials

31
Q

HAz. Mat. US Code?

A

49 USC 5101

32
Q

Resource Conservation and Recovery Act (RCRA) examples?

A

Disposal
Treatment
Transportation
Storage of Haz. waste

33
Q

Punishment for RCRA violations and US Code

A

5 years - 50K fine per day
USC 6928

34
Q

Miscellaneous Crimes …

A

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

35
Q

What is a TORT?

A

A civil wrongdoing

36
Q

What type of remedy is sought with a tort?

A

Most often Monetary
Medical expenses, lost wages, property damage

37
Q

3 Tort Objectives

A
  1. Compensate persons who are injured
  2. Require those who caused the injury to pay
  3. Prevent future injury
38
Q

3 Elements of a Tort

A
  1. Breach of a duty
  2. Proximate cause of an injury
  3. Injury or damage to a person legally protected
39
Q

Two types of Torts?

A

Intentional & Unintentional

40
Q

Intentional Torts … (8)

A

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

41
Q

What is an Assault?

A

perceived fear of immediate or immenant harm

42
Q

Elements of an Assault

A

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

43
Q

What is Battery?

A

Intentional, unauthorized, harmful or offensive contact with another

44
Q

Elements of battery

A

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

45
Q
A

Aviation Law (2 decks)

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