AS 405

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1. So- and so International Airport has decided institution is no longer an asset to the airport and has taken a proposal to the city commissioners recommending they not renew the University’s lease. As a result, a group of students have decided to protest the proposed recommendation. During a nonviolent, peaceful protest several of the students are arrested for wearing tee shirts which say, “stick your proposal up your ramp.” Which of the following would be the best argument the students would have regarding the constitutionality of their actions?

A. It is a violation of their Fourth Amendment rights

B. It is a violation of their Fifth and Fourteenth Amendment rights

C. It is a violation of their First Amendment rights

D. There was no violation of their rights, their arrest was constitutionally legal

2. Boeing Aircraft has entered a contract with the People’s Republic of China to sell them the new 787. To enhance Boeing’s chances and to provide for an additional level of global airline security the President plans to initiate and propose the United States enter a Commercial Airline Security Treaty otherwise known as CAST with China. For the treaty to be constitutional which of the following will have to take place?

A. 2/3rds of the members present of the House of Representatives will have to ratify the treaty

B. The majority of the members present of the Senate will have to ratify the treaty

C. The treaty will be unconstitutional because the Senate regulates commerce

D. None of the available answers

3. Dream Air, a local fixed base operator gives sightseeing flights over the Daytona Beach area in a vintage Waco biplane. Recently, it has been reported Dream Air has refused to give rides to people of Muslim decent. As a result of the company’s action, a young Muslim student was refused a ride and filed suit in federal district court. If the court finds in his favor the basis of their decision will more likely than not be based on which of the following?

A. The power of Congress to provide for the Common Good

B. The power of Congress to regulate Commerce with Foreign nations, and among several States and with the Indian Tribes

C. The power of Congress to make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers 

D. The power of Congress to pay Debts and provide for the common Defense and Welfare of the United States

4. While on final approach in your Piper Seminole at sunrise on runway 07 at the Daytona Beach International Airport you collide with a Cessna 172. Both you and the other pilot are able to safely land but both aircraft are severely damaged as a result of the accident. To recover the damages to your airplane you bring a negligence cause of action against the other pilot. During testimony a passenger in the Cessna 172 testifies that during the final stages of the landing he saw the 172 pilot diverted his attention from the approach to reach into his flight bag to retrieve his sunglasses. In this case which of the following is true?

A. The pilot hitting your aircraft will be the actual and proximate cause of the accident 

B. The pilot hitting your aircraft will be the proximate, but not actual cause of the accident 

C. The pilot hitting your aircraft will be the actual, but not the proximate cause of the accident

D. Causation does not matter because you suffered damage to your aircraft

5. You decide to purchase a handheld Air Nav global positioning satellite handheld unit from Aviation Products and give it as a gift to a pilot friend of yours. Aviation Products is an online retailer who gets the units from Pilot Products Incorporation a regional wholesaler, who gets them from the manufacturer Air Nav. The first time your friend used the unit it caught fire as a result of faulty wiring and your friend was severely burned. As a result your friend sues under a theory of strict products liability. Which of the following are potential defendants?

A. Air Nav only

B. Air Nav and Pilot Products only

C. Air Nav, Pilot Products, and Aviation Products 

D. Air Nav, Pilot Products, Aviation Products, and you

6. While parked on the ramp at an airport in Atlanta, Georgia, a Cessna 210 operated by a Florida resident is hit by a Piper Malibu, operated by a North Carolina resident. If the cause of action was heard in a Georgia Court it would be because of which of the following?

A. The people involved were from different states

B. The damages could not be determined

C. Florida does not have a long arm statute

D. None of the available answers

7. You are on trial for negligently taxing into a fuel truck at your local fixed base operation (FBO). A witness, testifying for the plaintiff, testifies her roommate told her she saw you in the restaurant on the airport property drinking beer prior to the incident and uses as evidence you were wearing a blue Embry-Riddle sport shirt. Immediately, your attorney objects to the statement as hearsay but is overruled by the judge. Ultimately you are found negligent. The testimony of the witness regarding the color of the Embry-Riddle sport shirt is which of the following? 

A. Admissible as evidence but not an issue on which an appeal can be based 

B. Admissible as evidence and an issue on which an appeal can be based

C. Not admissible as evidence and not an issue on which an appeal can be based

D. Not relevant to the issue of your negligence 

8. Through which of the Amendment(s) to the Constitution are the Bill of Rights made applicable to the responsibilities state and local governments have to the people?

A. The 10 Amendment

B. The 9th and 10th Amendment

C. The 10th and 11th Amendment

D. The 14th Amendment

9. The Federal Aviation Administration (FAA) has initiated a certificate action against you which has resulted in a hearing before an administrative law judge. Who has the burden of proof and what evidentiary standard must be used? 

A. You, by clear and convincing evidence

B. The FAA, by clear and convincing evidence

C. You, by a preponderance of the evidence

D. None of the available answers  

10. The National Transportation Safety Board (NTSB) has determined the probable cause of an accident is pilot error. Ultimately, a negligence cause of action is brought by the family members of the passengers against the pilot’s estate in a subsequent civil trial. Regarding the facts and the findings of the NTSB report which of the following is true?

A. Both the facts and probable cause findings are admissible 

B. The facts are not admissible but the probable cause findings are

C. The facts are admissible but the probable cause findings are not

D. Neither the facts nor probable cause findings are admissible as the court 

11. As a result of the failure of an engine on takeoff there is a resulting crash which caused the death of the pilot and passengers of the airplane. The families of the deceased have initiated a suit in federal court in the amount of 2.5 million dollars.  The evidentiary standard which will be used is which of the following?

A. Clear and convincing

B. Preponderance of the evidence

C. Beyond a reasonable doubt

D. Probable cause

12. You have just received a letter of investigation from the Federal Aviation Administration (FAA) regarding an incident in which you were allegedly involved. You decide to answer the allegations in writing. Later, you are asked to visit the local Flight Standard District Office (FSDO) where you clarify your initial written response and add some additional pertinent information. Ultimately, the case is not resolved and proceeds to a certificate action against you. In the subsequent preceding before an administrative law judge the information you gave the FAA in your initial written response and the contents of your discussions are which of the following?

A. Not admissible against you as it violates your Fifth Amendment rights

B. Only the written information is admissible as the contents of your discussion was hearsay

C. The written and oral information is admissible against you

D. Not admissible because of your Miranda rights 

13. After the initial decision by an Administrative Law Judge where the judge ruled in favor of the FAA, which party can appeal and to whom?

A. The Federal Aviation Administration (FAA) only to the National Transportation Safety Board

B. You only to the National Transportation Safety Board 

C. The Federal Aviation Administration (FAA) and/or you to the National Transportation Safety

  Board 

D. The Federal Aviation Administration (FAA) and/or you to the Circuit Court of Appeals

14. A civil complaint has been filed against you for your alleged negligence acts. Upon receipt of the complaint you must answer with which of the following responses and within which of the following days?

A. Agree, Deny, Without Knowledge within 20 business days

B. Admit, Deny, Without Knowledge within 10 business days

C. Admit, Defend, Without Knowledge within 20 calendar days

D. Admit, Deny, Without Knowledge within 20 calendar days 

15. John and Mike are employees of your company. John decided to play a practical joke on Mike. As Mike was about to sit down at his desk, John pulled Mike’s chair from behind him. As a result Mike, trying to break his fall, extended his arms and as a result broke his right wrist. If Mike asserts a claim against John, Mike will most likely 

A. Recover for assault

B. Recover for battery

C. Recover for intentional infliction of mental distress

D. Not recover as you, his employer, are responsible for his injuries.

16. In your case against Skywriting Aviation Inc. for breach of contract it appears you are going to ultimately have the case heard by a jury. It will be the responsibility of the jury to do which of the following?

A. Determine what law governs the particulars of the case before them

B. Decide what evidence is admissible or not admissible

C. Determine questions of fact

D. B and C

17. While coming home from the Thanksgiving holidays you stopped for fuel at an airport in North Carolina. Not being familiar with the airport you parked your aircraft in an area which had a sign that said, “This area reserved for emergency rescue vehicles.” However, there were no vehicles in the area at the time. Upon your return to your airplane you see the airplane has been hit by one of the rescue vehicles which was trying to get back into its parking space. At trial, in a North Carolina court, it is determined the rescue vehicle was ninety five percent negligent (95%) and you were five percent (05%) contributory negligent. If North Carolina follows the contributory negligence guidelines your remedy in the case will be which of the following?

A. Nothing

B. 5 percent of the total award

C. 95 percent of the total award

D. 95 percent minus 5 percent of the total award

18. The City of Daytona, in an effort to appease the complaints of residents of the city regarding aircraft noise, has enacted an ordinance restricting the number of flights from the Daytona International Airport. A group of professors and students in the College of Aviation at Embry-Riddle file suit to stop the ordinance. The likely outcome of the lawsuit will be which of the following?

A. The suit will be dismissed because it is not ripe

B. The suit will be dismissed because the plaintiffs have no standing

C. The suit will be heard and decided on the merits

D. The suit will be dismissed because the plaintiffs have not suffered an injury

19. Your family surprises you with a new Dynamic 2012 active noise reduction headset. You have a perfectly good Standard 2010 which you have been using but are thrilled to have the newest model. In talking with your next door neighbor Jim you learn he has just bought a Cessna 172 and is now researching which headset he might like to purchase. Since you no longer need two headsets you give the Dynamic 2011 to Jim, and tell him, “except for my new Dynamic 2012 this is the best headset on the market.” If Jim comes back later and wants to hold you liable for an injury caused by the headset he would do so based on which of the following?

A. An express warranty

B. An implied warranty for fitness of purpose

C. An implied warranty of merchantability

D. None of the available answers

20. The minority view of the court defining who is a foreseeable plaintiff is which of the following?

A. A person who is the zone of destruction

B. A person who is in the zone of demarcation

C. A person who is in the zone of danger

D. Any person who is injured as a result of the defendant’s negligence

21. Due to the reality of unmanned aerial vehicle flight, the House of Representatives is holding hearings regarding the manufacturing of the aircraft, the licensing of the aircraft and those who fly and maintain them. During the hearings a select committee heard testimony from experts in the field including a professor from the Aeronautical Science department at Embry-Riddle Aeronautical University. As a result of the hearings Congress has decided the Federal Aviation Administration (FAA) must now enact rules governing the relevant issues. Which of the following allows the Congress to bestow this responsibility to the FAA?

A. The Delegation Doctrine

B. The Preemption Doctrine

C. The Incorporation Doctrine

D. The Merger Doctrine

22. In preparation to promulgate the rules for unmanned vehicles as discussed in the above questions the Federal Aviation Administration (FAA) begins the rule making process. Which of the following are required to assure the process conforms to the administrative process?

A. The FAA must publish the proposed language of the rules in the National Advisory Circular 

B. The FAA must cite the House Resolution Bill number associated with the hearings

C. The FAA must cite the legal authority under which the rule is proposed

D. All of the available answers

23. While sitting in the sun at the Daytona Beach International Airport the inside of your airplane caught fire. Temperatures that day were 105°and it was estimated the temperature inside your airplane was in excess of 130°. As a result your airplane incurred $25,900.00 dollars in damage. After an investigation it appears the new upholstery you just had installed did not meet the temperature specifications for fire resistant fabrics. If a federal court refuses to hear your case it would be based on which of the following?

A. There is no case or controversy

B. The case is moot

C. The court does not have subject matter jurisdiction

D. The federal courts do not hear negligence cases

24. Randy is planning a three (3) week trip to Colorado to do some mountain biking. In the past he has borrowed your airplane to make the trip. You are going to be out of town during the time Randy will be gone on the trip and he has no way to contact you. Ultimately, Randy uses a set of keys he has used in the past and takes your airplane from your hangar. In the past you have been aware of the fact that Randy has made some questionable decisions regarding flight in and around thunderstorm activity. Ultimately, Randy has an accident which injures a passenger and appears to be related to thunderstorm activity. If the court finds you responsible for the injuries to Randy’s passenger the best legal basis would be which of the following?

A. Trespass to chattel

B. Conversion

C. Trespass to land

D. None of the available answers

25. After an instrument approach into Buffalo, New York in late November of this year an airplane in which you were a passenger hit a patch of clear ice and skidded off the runway and hit a large lighted runway sign just off the side of one of the high-speed taxiways. As a result, you are injured. The airport has approach and tower controllers, employed by the Federal Aviation Administration, who failed to warn approaching aircraft of the possibility of ice even though they were aware it may be a problem as the tower controllers had instructed a truck to drive the length of the runway and taxiways looking for possible weather related hazards. If you decide to sue the controllers under a negligence cause of action, which would be the best body of law to bring the case? 

A. The Warsaw Convention

B. The Federal Torts Claim Act

C. The Administrative Procedures Act

D. None of the available answers

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