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Av Legislation exam 1
Study guide questions Dr Freidzohn
54
Law
Undergraduate 3
10/16/2012

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Term

The earliest governments, law codes, cities, and alphabets were originated in:

Definition

·         The middle-east which southwestern Asia and Northeast Africa, called the “cradle of civilization”

Term
It is generally conceded that the most important invention to the creation of the period of technological advance known as The Industrial Revolution was:  
Definition

·         The steam engine in 1769 led to more efficient production of goods, and institutionalized the factory system

Term
The experience of the railroads directly impacted the air transportation industry in these ways?  
Definition

·         As the first modern form of national transportation, railroads set the model for  succeeding modes of transportation

·         Railroads defined the relationship between carriers and the government especially in the concept of public interest.

·         The experience defined the relationship between carriers and the public , the shippers and passengers

·         Experience saw the beginning of cohesive labor movements that was inherited by the airlines and that has been  central to the airlines experience in the twentieth century.

Term
In early aviation what were the big four airlines?
Definition
TWA, American,United,Eastern
Term

Prior to the construction of the transcontinental railroad, the national government: 

Definition

·         The government treated the railroad as any other business, and refrained from intervening in the R.R. affairs; until the proposed transcontinental R.R. then the gov. participation was needed.

Term

The law that provided financial guarantees that assured the construction of the transcontinental railroad was called:

Definition

·         The Pacific R.R. Act of 1862, 1st gov. action in transportation, created 2 private corp. the Union Pacific (building from the east) & Central Pacific (building from the west)

Term
The primary legal basis for the governmental regulation of the railroads (and airlines) is: 
Definition

·         The interstate Commerce Act of 1887, prohibited from paying rebates(kickbacks), from giving unreasonable preferences to shippers, from discriminating against any shipper, R.R. were required to publish tariffs (which disclosed rates & schedules), required them to charge according to the tariffs. Brought uniformity between R.R. and public.

·         Also it created the Interstate Commerce Commission, agency’s role to administer the terms and provisions of the Act, hear to complaints, make rules and enter orders in furtherance of the statutory(Act) 

Term
The Pullman strike: 
Definition

·         1894,result of(Panic of 1893 economic downturn) Pullman company reduced the workforce from 5,500 to 3,300 and the remaining workers got a 25% pay reduction,  Workers lived in housing owned by the Pullman company and the workers petitioned for lower lease rates when wages were cut, when the company refused the Pullman strike began

·         Strike affected 27 states, over 125,000 workers refused to handle Pullman sleeping cars, caused a halt of 13 R.R. service to Chicago to cease ,in July Pullman cars were used to carry U.S. mail, when the strike caused a disruption of interstate mail president Cleveland ordered federal troops to end the strike. Mobs destroyed 7 buildings and 700 R.R. cars, 12 people were killed by gun fire. Debs was arrested and so were other members of the (ARU) after Debs went to jail trains began to move and the strike came to an end.

 

Term
 Secretary of the Smithsonian Institution and a noted scientist, this individual developed an “Aerodrome” that crashed on takeoff after two unsuccessful launchings from a houseboat on the Potomac River. 
Definition

·         Samuel P. Langley, First flight unsuccessful, due to wing structure failure, aerodrome no. 5 flew on May 6,1896 over 1 ½ miles, U.S. funded 50,000$ for his project, he failed again due to catapult failure Dec 9, 1903

Term

The “Aerial Experiment Association” was formed by: 

Definition

·         Glenn Curtiss, J.A.D . McCurdy, Alexander Graham Bell, Fredrick W. Baldwin, Lt. Thomas E. Selfridge. Members worked together to design fund and build an airplane, jointly owning success of the invention.

Term
Glenn Curtiss argued that the use of _________on his aircraft was outside of the Wrights’ patent: 
Definition
Lateral control surface “aileron” Wright filed for patent infringement lawsuit on Curtiss, dispute never settled
Term

Airmail service in the United States began by using airplanes and pilots furnished by the 

Definition
Army Signal Corps
Term
The original transcontinental airmail route was between: 
Definition

·         San Francisco and New York 

Term

During the early years of airmail service: 

Definition
The military used them as training device and exercise for the army, xc country experience and lack of nav aids led to lost pilots
Term
The Air Mail Act of 1925 (Kelly Act):
Definition

·         Act was titled “An Act to Encourage Commercial Aviation and to Authorize the Postmaster General to Contract for Mail.” The statute called for the Postmaster General to seek competitive bids to operate the airmail feeder routes to the transcontinental main airmail trunk line between New York and San Francisco. Advertisement for bids was published in the middle of 1925, and bids were received from 10 companies. Although eight routes were to be awarded, financial responsibility concerns caused the Post Office to delay as assigning some of them until later. 

Term
Contracts awarded by the kely act of 1925
Definition

o   Awarded to a group including Juan Tripp

o   Robertson Aircraft Corp. A forerunner to American Airlines.

o   National Air Transport, a forerunner of United Airlines

o   Western Air Express , a forerunner of TWA.

o   Varney Air Lines, a forerunner to United Airlines

o   Ford Air Transport

Term

Created in 1940, the function of the Civil Aeronautics Board was to: 

Definition

·         Exercise control of air carrier economic regulation, such as rates, routes, and mergers. Also given the responsibility to investigate aircraft accidents and for safety rule making.

Term

What event in the mid-1920s brought unprecedented public attention and served to secure the industry’s future as a

 major mode of transportation? 

Definition
 Lindbergh’s solo flight across the Atlantic ocean
Term
The same year Congress passed the Air Mail Act of 1925, President Coolidge appointed the Morrow Board to do what? 
Definition

·         Created to investigate circumstances relevant to the fledgling aviation community and to establish a national aviation policy. Morrow created a report that became the blueprint for the development of commercial aviation for the years to come.  The report concluded.

o   Aviation is vital to the national defense. The means of aircraft design and production must be supported in the national interest, and a military procurement program should be initiated.

o   Non-military aviation, comprising the largest potential for commercial development, serves a national purpose, and deserves the support of the government.

o   The government should enhance the safety and reliability of flying by establishing standards for pilots and aircraft. It should establish and maintain airways for navigation and enlarge its support for airmail contract carriers under contract with the Post Office. All this would have the collateral effect of bolstering both public and banking confidence.

·         The Morrow board was central to the second major federal statute affecting commercial aviation, the Air Commerce Act of 1926.

Term
By the late 1930s it was recognized that there was no centralized agency working for the long-term development of the industry. Which Act corrected this omission? 
Definition

·         The 1940 Civil Aeronautics Act

Term

What was the Congressional intent in creating the Civil Aeronautics Administration (CAA)?

Definition

·         After the Civil Aeronautics Authority, Administrator of Aviation, and the Air Safety Board was created there became too much overlap of authority. As a result congress created the Civil Aeronautics Board (CAB) and the Civil Aeronautics Administration (CAA).

o   CAB was an independent board of five individuals, who reported directly to the President, and whose function was primarily to exercise control over air carrier economic regulation, such as rates, routes, and mergers. Also given the responsibility to investigate aircraft accidents and for safety rule making.

o   CAA was created as an agency, headed by an administrator, which was placed back within the Department of Commerce. Responsibility for all non-military aviation safety programs, air traffic control, and airway development was assumed by the CAA. 

Term

Purpose of the Railway Labor Act: 

Definition

·         Congress addressed the concerns of workers who had little or no control over their wages or working conditions.

·         Gave workers the right to organize unions, and restricted unions from disrupting the nation’s transportation. 

Term

Pan American Airways 

Definition
Juan Trippe in 1927 was in firm control, first airmail contract was from keywerst FL to Havana Cuba, need to start  Oct 19,1927 they did so but they had to borrow a transient float plane for 175$fee, "foriegn Airmail act 1927" granted routes to bidders, by 1930 pan am was flying 20,00 route miles to 20 countries
Term

The accidents in the de Havilland Comet in the early 1950s were attributable to: 

Definition

o   Attributed to a lifetime of pressurization and depressurization cycles. Cracks would develop around the windows cause the aircraft to explode. After problem was discovered the Comet never flew again. 

Term

The Railway Labor Act is a federal law that governs relations in the: 

Definition

·         Provided a legislative scheme to insure workers the right to organize themselves into legally recognized bargaining units, or unions. This required railroad management to accord the workers a voice in their conditions of safety, wages and working conditions. The law restricted the union’s right to disrupt the nation’s transportation system through work stoppages and strikes except under the most controlled conditions, and only after federally mandated mediation between workers and management proved fruitless. 

Term

The Pacific Railroad Acts was an act of Congress that: 

Definition

·         Became the first of government’s involvements in the world of modern transportation. Law provided for the creation of two private corporations, the Union Pacific (building from the East) and the Central Pacific (building from the West).

o   Built a railroad and telegraph line between the Missouri River and Sacramento.

o   Government issued bonds at the rate of 6%, to the railroads for sale to the public.

o   Granted the railroad (200 feet on each side) for the roadbed and it would also deed land adjacent to the right of way in square miles accounting to 6,400 acres per mile. This was land expected to entice settlers from the East who would create and work farms and ranchers.

Term

Government regulation is grounded in which two concepts: 

Definition

·         Economic Necessity

o   Certain Businesses necessary in the public interest.

o   Businesses serve the public with no discrimination.

o   Company needs to be stable and make a profit but not too large.

o   Regulation of transportation began in 1887

·         Legal Authority

o   Commerce clause of the constitution authorizes regulation of companies conducting business among states.

Term
The Pullman strike of 1894 had a big impact on the country because: 
Definition

·         It interrupted U.S transportation and it showed the power of organized labor “Unions.” It also affected U.S mail. 

Term
An injunction is: 
Definition

·         An injunction is an order by a court commanding or prohibiting action. An injunction usually is a court order demanding that one party stop doing something that is damaging to another party. For a complainant to receive an injunction, the complainant must show that no other remedy for the wrong is adequate or complete.

Term
Parties involved in World War II 
Definition

axis powers-Germany,italy Japan

allies-(1 September 1939) consisted of FrancePoland and the United Kingdom, soon to be joined by the British dominions (AustraliaCanadaNew ZealandNewfoundland and South Africa).[2] After 1941, the leaders of the British Commonwealth, the Soviet Union, and theUnited States of America known as the "Big Three", held leadership of the allied powers.[3] China,at that time, was also a major Ally.[4][5] Other Allies includedBelgiumBrazilCzechoslovakiaEthiopiaGreeceIndia (as part of the British Empire), Mexico, the Netherlands and Norway.[6]

Term
Which branch of government funds the FAA 
Definition
legislative
Term
House of Representatives/Senate—Number of members 
Definition

rep-435 max

senate-100

Term
Supreme Court how many justices currently? basic info 
Definition

9 justices

Highest court must appeal to have case heard, supreme court deals with interpreting laws more so dealing with the constitution and peoples rights

Term
The Constitution and its place in the U.S. legal system 
Definition
Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.
Term

The FAA is part of which branch of government 

Definition

executive branch

Sub category of the DOT (under the presidential cabinet)

Term
The Federal Register –what is it 
Definition

articles of rule making notices

Term
The main purpose of the Airline Deregulation Act
Definition
the main purpose of the act was to remove government control over fares, routes and market entry (of new airlines) from commercial aviation.
Term
The purpose of the DOT’s Office of Inspector 
Definition
reviews the efficiency of the DOT and to prevent fraud and abuse
Term
The Civil Aeronautics Act of 1938 did?
Definition
transferred fed responsibility’s from the bureau of air commerce to the civil aeronautics authority gave power to reg airline fares and what routes the air carriers would serve. Also responsible for investigating a/c accidents, av regulation, facilities and nav aids
Term
House of Representatives membership 
Definition

Also referred to as a congressman or congresswoman, each representative is elected to a two-year term serving the people of a specific congressional district. The number of voting representatives in the House is fixed by law at no more than 435, proportionally representing the population of the 50 states

Term
The relationship between the FAA and DOT 
Definition
FAA is a sub branch of the DOT
Term
The Air Transport Association’s role in aviation 
Definition
The fundamental purpose of ATA is to foster a business and regulatory environment that ensures "safe and secure air transportation and enables U.S. airlines to flourish, stimulating economic growth locally
Term
General understanding of the Boeing 707 operating costs compared to the other Douglas propeller models DC-7
Definition
Although fuel consumption was much higher on the b707 theactual passenger miles per gallon was 42 to the DC7's 59passengers per mile, the lower costs of jet fuel compared to high octane gas off set the slight difference, the economics of the jet travel proved to work and the jet age was born.
Term
Purpose of the War Production Board - 
Definition
WPB) was established in 1942 by executive order of Franklin D. Roosevelt. The purpose of the board was to regulate the production and allocation of materials and fuel during World War II in the United States of America. It rationed such things as gasoline, heating oil, metals, rubber, and plastics. It was dissolved shortly after the defeat of Japan in 1945
Term
The U.S. was able to remain neutral during World War II until it ________ was attacked
Definition
pearl harbor
Term
After Congress passed the McNary-Watres Act of 1930 what changed?
Definition
airmail contracts were calculated based on – volume rather than weight. 
Term

T or F

TWA was granted authority to fly between New York and Paris during the mid-1940s. 

Definition
true
Term
The Congress created the FAA in
Definition
1958
Term
What was Langley’s contract with the U.S. government 
Definition
he was granted 50,000$ for his aerodrome, after his 2cd failed launch the goverment cut his funding
Term

T or F

The Army Signal Air Corps provided airplanes and pilots for the launch of airmail service in 1915. - 

Definition
True
Term
When he was Commerce Secretary wasHerbert Hoover was against the government supporting commercial aviation?
Definition

No

Between 1921 and 1926, Secretary of Commerce Herbert Hoover took an active role in shaping the relationship between the federal government and the fledgling commercial aviation industry. In this article, Professor Lee shows how Hoover, drawing largely on a form of American corporatism, prompted the industry to formulate answers to its own problems through trade associations, groups which would then cooperate with government to implement those solutions. Such thinking was an important ingredient in the Air Commerce Act of 1926, the first federal law regulating commercial aviation.

Term
Knights of labor
Definition

Founded in Philadelphia in 1869, the Knights of Labor spread to Chicago after the 1877 railroad strikes. Initially viewed as an educational and political body by the local trade unionists who founded it, the Knights initiated some of the earliest labor organizing in the city's packinghouses, tanneries, garment sweatshops, and coal, lumber, and rail yards, and more generally among the Irish.

Term
What were Anti-trust laws against unions?
Definition
Courts interpreted the Sherman Antitrust Act (1890) as prohibiting labor strikes as being in restraint of trade or commerce. Which of the following statutes expressly provided that the Sherman Act was not applicable to labor union activity? Clayton Anti-Trust Act 1914, exempted labor unions from the operations of the “restraint of trade”-in the Sherman Anti-Trust Act
Term
Founder of standard oil? 
Definition
john d Rockefeller in 1870
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