Question 1

AirEastandwestInc is a Part 121 Air Carrier, with properly filed articles of incorporation in Ohio.They operate direct flights between Akron-Canton Airport and Cancun Mexico for all of the students at Kent State and Akron University during the winter months.AirEastandwestInc. hired an employee,ImaQuitter, who is in the dispatch office and is required to file the EAPIS manifests at least one hour before departure time from Akron Canton, and at least one hour before departure time from Cancun.ImaQuitter signed an employment contract with no ending date with AirEastandwest, Inc, that requires her to pay back all costs associated with her training as a dispatcher even though she already holds her dispatcher license, if she leaves her job within the first six months.She must also give at least one month notice before quitting.However, AirEastandwestInc. can fire her at any time for any reason.

Flight 131 departed Akron Canton on time, the EAPIS manifests were filed timely and approved by Customs and Border Protection.About two hours before Flight 132 returned from Cancun back to Akron Canton,ImaQuitter, decided to leave her job and never come back because she thinks her boss is ugly and smells bad.In the meantime, the return EAPIS report was never filed and when the plane landed in Akron Canton, it was immediately met by several CBP Officers, DHS Officers and Law Enforcement Officials.There were three drug traffickers who presented real documents but used other peoples Mexican Passports to board the plane in Mexico.Two of the drug traffickers immediately asked the CBP officers for protection under the Asylum Laws of the United States.The other person was required by CBP to be flown back immediately to Mexico at the expense of AirEastandwestInc., despiteCBP knowing that this third person was a United State Citizen.The third person used someone else's Mexican passport to come to the United States to hide the fact that he was a United States Citizen.CBPalso issued a civil penalty to AirEastandwestInc. for $50,0000 for not following the EAPIS regulations regarding Flight 132.

LolaCrooke, the President of AirEastandwestInc. comes to you as a lawyer and asks you who can she sue since her airline is about to file bankruptcy and Lola feels that this is really the fault ofImaQuiter.Lola feels that she is also personally responsible to pay the civil penalty fine.She also wants to know if her or her company has to pay for the third person's return to Mexico.Write a short letter to her stating the possible avenues of relief she may or may not have and if she can recover anything fromIma.What is the personal liability that Lola will face forIma's actions or lack of actions.Statethe issues raised, the areas of law and state the correct black letter of the law and/or appropriate regulations.

Question 2

Trusty Pilot is flying his brand new Cessna 182off the coast ofDaytonaBeach, Florida. He has a Private Pilot Certificate with an instrument rating.Trusty does not check his fuel gages and runs out of fuel.But Trusty's A&P found out afterwards that his fuel gages were faulty.He does an emergency engine out approach atDaytonaBeach Airport.Trusty lands without any damage to his brand new plane and no personal injury.Trusty immediately files a NASA/ASRP report.In the NASA report, Trusty discloses that he had an "emergency landing due to fuel exhaustion."The FAA pursues an enforcement action against Trusty, citing fuel mis-management and carelessoperations.Trustyfilesan appeal with the NTSB and the case is heard by the NTSB Administrative law judge.The FAA is seeking a 90 day suspension of Trusty's certificate.Trusty's attorney files a motion to dismiss because Trusty filed a NASA report.Does Trusty prevail and keep his certificate?

Question 3

The Constitution is a testament to the wisdom of those who drafted the U.S. Constitution that the document as the supreme law of the land, has been able to evolve and grow to meet the ever-demands of our legal system and society.

Is this statement correct as applied to aviation law?Please discuss as to the relevance of the above statement to aviation law, specifically address the applicable parts of administrative law, the FAA, the NTSB and technological advancements.Limit this to no more than 1500 words.