Survey of Aviation Law
This test uses a fill-in-the-blank format. The questions will be displayed on the left of the page and on the right of the page you will find a list of possible answers. There are more possible answers than there are questions. Your task is to fill in the blank with the best answer.
Use the answer sheet provided at the end of the test to write your answers.
The test begins on the next page.
When you have completed the test, bring it to the instructor on or before the due date in the syllabus.
1. The European system of law was largely a copy of the _______________ and _______________ traditions. theoretical; mechanical
instrumentalism
Punishment
Magna Carta
Moses
2. Regarding arguing ideas in law, Aristotle said that if the facts were disputable, this was called the __________ form. Mucius Scaevola
constitutive
What is right and good?
Equity and Fairness
3. If the facts of an argument are incontrovertible, Aristotle called this ___________. justice as fairness
collapse upon itself
retribution; restitution
4. Substantive law is ____________, while procedural law is ____________. hegemonic
Ability or Achievement
Immanuel Kant
5. I was a Roman jurist. I divided law into components, such as civil law, the law of inheritance, the law of persons, the law of things and the law of obligations. Who am I? _______________ dialectical
constitutive
Mantic
Laws of Penal Evolution
Equality
6. I was a Persian ruler who created a code of laws in 1795 B.C. Who am I? ____________ Greco-Roman; Judeo-Christian
What is the Law?
bureaucratic
7. I was a leader of the Israelites who fled from Egypt. Jehovah gave me a set of laws for my people. Who am I? ____________ morality
Deontologists
Thomas Hobbes
eternal; immutable
8. __________ justice is the equality between equals. It is equal allocation, and that things are meted out fairly to all. Apodictic
Sophic
capitalism
canon
Rationality;
9. __________ justice is equality between punishment and crime, that the punishment must not be less than, nor greater than the severity of the crime. impersonality;
routinized tasks;
centralized authority
Napoleonic
violence is alien to law
10. __________ is equality between whatever goods are exchanged—that is to say, a ‘fair price.’ Sanction
Need
justice in exchange
Jean Jacques Rousseau
11. Resher created the seven canons of distributive justice. What are they?
1.
2.
3.
4.
5.
6.
7. judges
Effort
Distributive
corrective
Supply and Demand
Social Utility
Case law
Productivity
legislative
Hammurabi
mob rule
virtue
mechanical solidarity
12. ____________ takes an external position and makes a sharp distinction between legal standards and non-legal human activities. Utilitarianism
Divine
U.S. common law
ideal type; rationality
13. The __________ perspective is looking for much deeper and more abstract meaning of law and its impact than ‘positive’ instrumentalism. John Stuart Mill
Deontology
Decretum Gratianum
Forest charter
14. Themis holds a scale. What is she weighing on that scale? ____________ ________________
15. “The thrust of Rawls’ theory of justice is conceptualized in what he terms ________________.”
16. Aristotle equates morality with ___________.
17. The positivist asks, “_______________?”
18. The moralist ask, “________________?”
19. _________ represents what is inspired, revealed, oracular, prophetic, or divinatory. (Ref. Greeks)
20. _________ signifies that which human kind have learned by their own wits. (Ref. Greeks)
21. In the rationale of medieval thinkers, law came from God and was, therefore, ________ and _________.
22. The belief that a king, by birthright, is chosen by God is called a ____________ belief.
23. Karl Marx’s basic belief was that ___________ is a transition to communism.
24. Marx’s ideal of communism, if it could be totally achieved would, by definition, _________________.
25. According to Durkheim, _______________ is characterized by consensus on values, collectively held sentiments and ideas, harmony of interests, and unity of purpose.
26. Durkheim said that the intensity of punishment is the greater the more closely societies approximate to a less developed type—and the more the central power assumes an absolute character. This is an example of his _______________________.
27. Durkheim predicted the current trend away from __________ and toward ____________ as a way to resolve violation of society’s norms.
28. In Max Weber’s methodology, there are two recurrent themes, the ____________ and ____________.
29. The characteristics of the ideal bureaucracy, said Weber, are _________ in decision making, __________ in social relations, ____________, and ____________.
30. Certainly, federal, state and local governments are arranged in the _____________ form, including agencies like the FAA.
31. ___________ is another word for punishment.
32. ___________ is violence legitimized by the need for obedience to the law.
33. Karl Olivecrona argued that to create a belief that ____________________ , or of secondary importance, is a mistake.
34. Where it is the job of the legislature to make law, it is the responsibility of the ____________ to try to equalize injustice which is found to consist of inequality under the law.
35. Justice Oliver Wendell Holmes, Jr. said that _____________ is the witness and external deposit of our moral life.
36. Like the Roman system of law, the U.S. federal government must likewise go through two ______________ bodies.
37. Thomas Aquinas and Immanuel Kant both believed that man must use ____________ as the test of a law.
38. For _______________, individuals should choose the appropriate action based on what is ethical, regardless of the outcome.
39. _______________, in short, seeks the greatest good for the greatest number of people.
40. James Madison expressed concern over what he called ________________. Those in the minority can be overpowered by the majority and lose their rights and property.
41. I viewed human nature as intrinsically selfish and vain. My most famous phrase, that life in the state of nature is “solitary, poor, nasty, brutish, and short.” Who am I?
42. I developed maxims such as Don’t Steal and Be Generous. I also created the categorical imperative which states “act only according to that maxim that you could at the same time will to be a universal law.” Who am I?
43. I was a utilitarian believing that human good, through the experience of pleasure or happiness, is the good to which actions should be directed. I said that happiness is pleasure and the absence of pain. Who am I?
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44. I said that the participation of all members of society in law making meets the demands of the amour-propre. I also wrote the Social Contract. Who am I?
45. Laws issued by the church during the Middle Ages were, by definition, ___________.
46. St. Augustine said that the positive law of mortals could be disregarded if it happened to be in conflict with (natural) _______ law.
47. The ___________ was King John’s guarantees that he would henceforth conform to the law. (Ref. England)
48. ___________ is comprised of precedents, which is different from statutory (codified) law.
49. The _________ Code, gave form to administrative and organizational changes that had occurred during the French revolution. It also codified individual liberties, freedom of work and freedom of conscience.
50. _______________ which is the study of rights and duty or obligations, with the belief that a person knows the difference between right and wrong.
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