Aviation Law

What is res ipsa loquitur?

Burden of proof shifts to the defendant (guilty until proven innocent)

What are the 4 basic reasons people make legal mistakes

1) Law is fair. 2) Law is exact. 3) Law is constant. 4) It’s all the lawyers fault.

Law is fair (myth codes)

Don’t stick your head in the sand (res ipsa loquitor)

Law is exact (myth codes)

Don’t make a mokusatsu mistake (words have no meaning)

Law is constant (myth codes)

Don’t pick the blue bonnets. Changes state to state

It’s all the lawyers fault (myth codes)

Who are your friends

Doctrine of Exhaustion of Remedies

5 types of law: Common law - courts (judges). Equity - courts. Statutes - legislatures. Administrative - agencies. Constitutions - people.

3 types of statutes

Federal statutes - US code, State statutes - Texas code, City statutes - Municipal codes

Exhaustion of administrative remedies

Going through the FAA’s procedures to challenge their decision.

3 ways to own a business

Sole proprietorship, Partnership, Corporation

What does Caveat Emptor mean

Buyer beware

What myth does this apply to and how does it relate to aviation? Don’t stick your head in the sand

a lot of aviation laws are not fair, don’t ignore it and let it get worse/let the tiger bite you

What myth does this apply to and how does it relate to aviation? Don’t make a maku satsu mistake

a lot of mistakes are made in aviation because people interpret words very differently

What does piercing the corporate veil mean?

You incorporate to protect yourself but you don’t follow the rules (minute books, signing things as the corporate president, keep them separate)

Stare decisis (in common law)

Stand by former case decisions

Documents needed to buy/sell property

Warranty deed (transfer ownership), sales contract (initial agreement outlining the terms of sale), promissory note (written promise to pay off the loan), security agreement (secures the lenders interest in the property)

Documents to buy/sell aircraft

Bill of sale, promissory note, security agreement, application for new title/registration

Define title insurance and why it is important*

Protects aircraft owners from financial loss from hidden ownership defects, undisclosed liens, or forgery in FAA records

What is the name of the document that transfers the title to the airlane

Bill of sale

What is a lean?

An interest someone has in an airplane giving them the right to take it if you don’t pay off the money

True of false: FAA makes laws

True

What 3 administrative agencies affect aviation the most, and how do they affect aviation?

FAA (they make laws that directly affect aviation), NTSB (they do reports on what causes accidents and make safety recommendations), NASA (where you file safety and incident reports)

What is the difference between criminal and civil law and what does “burden of proof” mean in relation to those?

Civil cases: burden of proof is by a preponderance of the evidence. All the FAA has to do is prove by the preponderance of the evidence that you did something wrong. Criminal cases: innocent until proven guilty beyond a reasonable doubt.