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55 Cards in this Set
- Front
- Back
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How long do letters of correction and warning notices stay on your record?
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2 years
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What are the factors considered by the FAA attorney in a certificate action?
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1. Precedent
2. Current Enforcement Priorities 3. Individual considerations 4. Horror factor |
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The FAA almost always adds a residual charge of a violation of FAR ___ on the theory that it is careless or reckless to violate any FAR.
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91.13
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T or F. The FAA is required by Congress to investigate all reports of FAR violations.
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True
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T or F. The FAA is required by Congress to investigate all reports of FAR violations.
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True
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What are two major reporting sources for FAR violations?
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ATC and the public
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What type of law are the FARs considered to be?
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Administrative Law
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Does the FAA have to advise you of your legal rights before taking statements?
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No. since it is administrative law no criminal law.
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T of F.Once the airplane in at the chocks you are no longer under control of ATC?
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True
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What operators are required to allow immediate flight deck access to inspectors?
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14 CFR part 135 or 121.
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When should a NASA Report be filed?
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within 10 days of the incident
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What are the exemptions to the NASA reports immunity?
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When the violation was deliberate or it involved a crime or accident.
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Can the FAA find out about an incident from the your filing of a NASA report?
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No. And the FAA is prohibited by 14 CFR 91.25 from using any info in the report for enforcement purposes.
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What are the benefits of an Informal Conference?
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Let them get a feel for you and a chance to tell your side of the story.
To have the chance to settle with the attorney and inspector. |
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How long and to whom do you have to file an appeal when presented with an Order of Suspension or Revocation?
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You must file the appeal to the NTSB within 20 days from the date to order was served to you.
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Who presides over the NTSB appeal hearings?
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The Administrative Law Judge.
(ALJ) |
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Can you present your case at an NTSB hearing?
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Yes. you and the FAA
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Does the FAA have to prove its case beyond a reasonable doubt?
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No, just a preponderance of the evidence. 50.1%
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T of F. The ALJ can impose whatever penalty he or she chooses.
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False. The ALJ cannot not impose a harsher penalty than the FAA ordered.
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If you or the FAA are displeased with the ALJs findings what is the next step?
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Appeal to a Full NTSB Board.
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What are the basic issues the full NTSB Board will consider?
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1. Did the judge afford both sides a fair hearing?
2. Did the judge apply the correct law to the facts that were proved? |
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Can you prove your case in front of a Full NTSB Board?
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No. no new evidence can be presented to the board.
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Can you appeal to higher than the Full NTSB Board?
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Yes. Both can appeal to the U.S. Court of Appeals.
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What is the highest court you can appeal your decision to?
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Supreme Court. Though the odds that they will hear your case are against you.
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When must you physically surrender your certificate, after the appeals period.
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Immediately to the FAA.
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Is the FAA required to offer you an informal conference?
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No, they usually will if you request it.
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When is an FAR violation an administrative and criminal crime?
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When you make a false statment on any federal form or logbooks or falsifying any federal documents.
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What is the maximum fine and penalty for falsification?
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$250,000 and up to 5 years in federal prison.
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Cases closed with no enforcement action are clearded off your record in ___ ?
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90 days
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What are the only records of enforcement that remain on your records for life?
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Those who resulted in revocation of your certificate.
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Certificate suspensions are off your record in ____?
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5 years
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What CFR and part govern medical standards?
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14CFR Part 67
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What is a SODA?
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Statement of Demonstrated Ability.
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When does a SODA apply?
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If you can prove that your disqualifying condition is static and you are unlikely to become incapacitated while flying.
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What are the appeal procedures for appealing your medical certificate action?
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Same as in a normal certificate action. NTSB, Full NTSB Board, Court of Appeals, Supreme Court.
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14 CFR 61.53 mandates what?
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Mandates that if your health has deteriorated or you are prescribed medication that puts you below standard for FAA medicals then you should refrain from exercising the privileges of your certificate.
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When do you have to report a drug or alcohol conviction to the FAA?
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Within 60 days after conviction.
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What is a Tort?
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an act or omission that causes injury to another person by breach of legal duty not arising out of a contract and subjects the actor to liability for damages in a civil lawsuit.
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T or F.The two types of Torts are intentional and unitentional.
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False. The two types of torts are intentional and negligence.
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Negligent Torts consist of?
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Either an act or an omission.
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What tort deals with joyriding?
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Conversion. assuming rights to personal property that are inconsistant with the rights of the owner.
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What is the most common type of Tort?
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Negligence
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What are the four elements of a negligence case?
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1. a duty to be reasonbly careful
2. a failure to be careful 3. which is the proximate cause of: 4. injury to another person or property. |
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This allows the judge or jury to decide what percentage of the proximate cause of the accident was attributable to the defendant.
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Comparative Negligence approach.
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What are the Statues of Repose?
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They impose time limits on how long after a product is manufactured that the manufacturer can be held liable.
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The primary forms of business organization are:
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1. sole proprietorship
2. general partnership 3. limited partnership 4. LLC 5. LLP 6. Corporation |
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What form of business has the least amount of liability for the individual?
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A corp or inc. Their liability only extends up to their share of the business. No personal assets can be seized to repay any settlement.
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Why is a certificate of incorporation important?
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Because that is treated as your corporations "birth certificate". The law recognizes the corporation as a person having rights and existence separate from its owners.
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In what way can an attorney pierce the corporate veil?
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With the Alter Ego Doctrine: If not withstanding the fact of incorporation, you continue to operate the business as though it were a sole proprietorship or partnership.
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What is considered a corporation of incorporated's last name?
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Corp or Inc. It must always be displayed as such when dealing with business.
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What factors can contribute to aircraft insurance premiums?
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Coverage, Valuation,purpose of use, pilot qualifications, and endorsements and exclusions.
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What type of insurance should be used by an FBO?
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Full Commercial.
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The contract between an aircraft or airport operator and a participant in an aviation operation is ______?
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Exculpatory Contract
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How may an air carrier limit its liability?
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Through tariffs. Placing a dollar limit on baggage or shipped cargo.
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The international treaty that handled the relationship and liability between the airline and international passengers.
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The Warsaw Convention.
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