Aviation Law Test 3 Questions with
correct answers
Common Law - ANSWER -Body of law that has been established by judicial
pronouncements over hundreds of years
Where does most of our law come from? - ANSWER -Britain
What is Sovereign Immunity? - ANSWER -Provided legal immunity to king
What act passed in 1946? - ANSWER -Federal Tort Claim Act - face same vicarious
liability that private business does
Exceptions to the FTCA? - ANSWER -Geographic Limitation
Combatant Activity
Activity Incident to Military Activity
Discretionary Function (Planning/Policy Making)
How can Geographic Limitation be used as an exception to the federal tort claims
act? - ANSWER -Excluding claims arising in a foreign country
Why doesn't FTCA apply when Combatant Activity comes into play? - ANSWER -
Federal Tort Claim Act doesn't apply when a claim arises due to military, naval or
coast guard forces engaging in combatant activities during war
What is an Activity Incident to Military Activity? - ANSWER -Not liable if person
injured was engaged in an "activity incident to military service"
How is Discretionary Function an exception to the federal tort claims act? - ANSWER
-Planning and policy making
, How are issues of liability for inuries arising out of U.S. military actiives in host
nations addressed? - ANSWER -Status of Forces Agreements SOFA
How can beneficiaries of active duty and certain other members of the U.S. Armed
Forces be covered for service members death? - ANSWER -
ServicemembersGroupLifeInsurance, may receive up to $400,000
Most FTCA aviation cases have arisen out of allegation of negligence by? - ANSWER
-Federal ATC
ATC is required to... - ANSWER -exercise ordinary degree of care, exactly what ATC
handbook says
FTCA, create liability due to weather related accidents? - ANSWER -If the weather
along a route is severely understated
Negligent Airworthiness Certification - ANSWER -Type (approving aircraft design),
Production Type (production facilities, quality assurance), Airworthiness Certif (each
aircraft inspected & tested), Supplemental Type Certif (subsequetn design
improvements)
If airplane passes all certif. processes can manufacturer who delivers it still be
found liable? - ANSWER -Yes
If you get in an accident should you file a NASA form? - ANSWER -Hard no, will
forward it to NTSB
Every aircraft operator should have a _____ ______ _____ in place - ANSWER -
accident-response plan
What is the point of an accident response plan? - ANSWER -Structure during one of
the most stressful times/critical moments
What is "motor mouth" syndrome? - ANSWER -Analyization blurted out, could be
wrong but can be used in legal procedures (FAA, Civil, Criminal Lawsuits)
correct answers
Common Law - ANSWER -Body of law that has been established by judicial
pronouncements over hundreds of years
Where does most of our law come from? - ANSWER -Britain
What is Sovereign Immunity? - ANSWER -Provided legal immunity to king
What act passed in 1946? - ANSWER -Federal Tort Claim Act - face same vicarious
liability that private business does
Exceptions to the FTCA? - ANSWER -Geographic Limitation
Combatant Activity
Activity Incident to Military Activity
Discretionary Function (Planning/Policy Making)
How can Geographic Limitation be used as an exception to the federal tort claims
act? - ANSWER -Excluding claims arising in a foreign country
Why doesn't FTCA apply when Combatant Activity comes into play? - ANSWER -
Federal Tort Claim Act doesn't apply when a claim arises due to military, naval or
coast guard forces engaging in combatant activities during war
What is an Activity Incident to Military Activity? - ANSWER -Not liable if person
injured was engaged in an "activity incident to military service"
How is Discretionary Function an exception to the federal tort claims act? - ANSWER
-Planning and policy making
, How are issues of liability for inuries arising out of U.S. military actiives in host
nations addressed? - ANSWER -Status of Forces Agreements SOFA
How can beneficiaries of active duty and certain other members of the U.S. Armed
Forces be covered for service members death? - ANSWER -
ServicemembersGroupLifeInsurance, may receive up to $400,000
Most FTCA aviation cases have arisen out of allegation of negligence by? - ANSWER
-Federal ATC
ATC is required to... - ANSWER -exercise ordinary degree of care, exactly what ATC
handbook says
FTCA, create liability due to weather related accidents? - ANSWER -If the weather
along a route is severely understated
Negligent Airworthiness Certification - ANSWER -Type (approving aircraft design),
Production Type (production facilities, quality assurance), Airworthiness Certif (each
aircraft inspected & tested), Supplemental Type Certif (subsequetn design
improvements)
If airplane passes all certif. processes can manufacturer who delivers it still be
found liable? - ANSWER -Yes
If you get in an accident should you file a NASA form? - ANSWER -Hard no, will
forward it to NTSB
Every aircraft operator should have a _____ ______ _____ in place - ANSWER -
accident-response plan
What is the point of an accident response plan? - ANSWER -Structure during one of
the most stressful times/critical moments
What is "motor mouth" syndrome? - ANSWER -Analyization blurted out, could be
wrong but can be used in legal procedures (FAA, Civil, Criminal Lawsuits)
