Aviation Law Final Exam
Multiple Guess: Please provide the Best Answer to the following questions
1. The Daytona International Airport has decided Embry-Riddle 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 above
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, Abdul-Waahid Jabbar a young Muslim student, one of those refused a ride, 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 above
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 above
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 or probable cause findings are admissible as the court
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