AVIATION LAW PRACTICE
EXAM COMPLETE 50
QUESTIONS
Question 1: Under the Montreal Convention, which description best re�ects an 'accident' for purposes of passenger injury liability under Article 17 as interpreted in Air France v. Saks?
Choices:
1) An injury caused solely by the passenger's internal reaction to normal aircraft operation 2) An unexpected or unusual event or happening external to the passenger 3) Any injury that occurs while a passenger is physically inside an aircraft 4) Any event that causes a �ight delay of more than two hours Correct Answer: An unexpected or unusual event or happening external to the passenger Explanation: Air France v. Saks interprets an Article 17 accident as an unexpected or unusual event or happening external to the passenger. A purely internal reaction to the normal operation of the aircraft is not enough by itself.Page 1
Question 2: A products-liability action is brought against an aircraft manufacturer over an aircraft �rst delivered 20 years ago. No statutory exception applies. What is the principal e�ect of the General Aviation Revitalization Act of 1994?
Choices:
1) It creates a 10-year statute of limitations running from the date of injury 2) It requires the claim to be heard exclusively in federal court 3) It generally bars the claim under an 18-year statute of repose 4) It permits the claim only if the aircraft is operated commercially
Correct Answer: It generally bars the claim under an 18-year statute of repose
Explanation: GARA generally establishes an 18-year statute of repose for covered civil actions against manufacturers of general aviation aircraft and components, subject to speci�ed exceptions.Question 3: A component alleged to have caused an accident was installed as a new replacement part �ve years before the accident on an aircraft that was originally delivered more than 18 years earlier. Under GARA's rolling provision, which date is most relevant to the repose period for a claim based on that replacement component?
Choices:
1) The date the replacement component was installed or completed 2) The date the aircraft's original type certi�cate was issued 3) The date the aircraft owner �rst purchased insurance 4) The date the accident investigation was completed
Correct Answer: The date the replacement component was installed or completed
Explanation: For a new component, system, subassembly, or other part that replaced or was added to the aircraft and is alleged to have caused the harm, GARA can begin a new 18-year repose period from completion of that replacement or addition.Page 2
Question 4: A state enacts a rule speci�cally dictating the prices an interstate air carrier may charge for checked baggage. Which federal statute most directly raises an express-preemption issue?
Choices:
1) The Railway Labor Act 2) The Federal Tort Claims Act 3) The General Aviation Revitalization Act 4) The Airline Deregulation Act provision now codi�ed at 49 U.S.C. § 41713 Correct Answer: The Airline Deregulation Act provision now codi�ed at 49 U.S.C. § 41713 Explanation: 49 U.S.C. § 41713 generally preempts state or local laws and regulations related to an air carrier's price, route, or service, subject to statutory limits and exceptions.Question 5: Before �ling a Federal Tort Claims Act suit over alleged negligence by an FAA employee acting within the scope of federal employment, what must a claimant generally do �rst?
Choices:
1) Obtain an NTSB probable-cause �nding against the FAA 2) Present the claim to the appropriate federal agency and satisfy the administrative- exhaustion requirement 3) File a petition for review in a federal court of appeals 4) Request binding arbitration from the Department of Transportation Correct Answer: Present the claim to the appropriate federal agency and satisfy the administrative-exhaustion requirement Explanation: Under 28 U.S.C. § 2675, an FTCA claimant generally must �rst present the claim to the appropriate federal agency. Suit may follow a written �nal denial or, at the claimant's option, after the agency fails to dispose of the claim within six months.Page 3