Aviation Law

Aviation law governs almost all aspects of aircraft navigation, including its operation and maintenance. The law governs the transit of aircraft above states and above other governed territory, and covers passengers, cargo, and aviation facilities.

In the United States, aviation statutes and regulatory agencies were created by the federal and state governments. Although, for the most part, aviation is governed by federal law enacted by Congress by virtue of its constitutional mandate to regulate interstate and foreign commerce. The foremost federal aviation law in the United States is the Federal Aviation Act passed by Congress in 1958. This Act establishes the Federal Aviation Administration, the leading federal agency regulating aerospace activities. States can enact their own laws consistent with federal laws and can modify existing remedies under states laws, but they cannot regulate rates, routes or services of any air carrier pursuant to the Federal Aviation Act. Another foremost development in aviation law would be the passage of the Aviation and Transportation Security Act of 2001, in response to the Sept. 11, 2001 terrorist attacks.

In addition to federal and state oversight on aviation, international rules and treatises also form a crucial aspect of aviation law given the international nature of air travel. One notable international convention on aviation is the Warsaw Convention, which limits an airline's liability for accidents on inter-country flights, except when it is found that the airline committed acts of negligence. The International Civil Aviation Organization also provides rules regulating air travel and mediation procedures to resolve international aviation law disputes. In addition, international policies have been introduced through open skies agreements to liberalize international aviation rules and minimize government intervention. International aviation laws also regulate military air travel.

Aviation law encompasses almost all facets of air travel. Issues arising from aviation law, including the business aspect of operating an air carrier, require expert knowledge of counsel who can weave through the web of federal laws and regulations, international conventions and other areas of the law. One of the most common litigation area relating to aviation law arises from loss or injuries suffered by passengers caused by air craft malfunction or crashes. This area of litigation, which involves a combination of federal and tort laws, require extensive discovery and expert testimony to establish, first, the rights of passengers, second, the cause of loss or injury, and third, the extent of the air craft carrier's liability. Another common litigation relating to aviation law would be the defense of aviation professionals accused of violating Federal Aviation Regulations. These two common litigation areas may also involve insurance disputes, further complicating litigation.

In addition, other issues that could arise from aviation law would be concerning regulation of aviation practices and violations thereof. Increasingly, consumers have taken to courts alleged airlines' practices of deceiving customers with false advertising, especially on issues of "hidden" fees and charges, or airlines' conspiracy on ticket prices. These issues require, not just specialized knowledge on the law, but also smart litigation skills as consumer-plaintiffs often David in comparison to the Goliaths that are the airline companies.

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Domestic Violence Law - Legal Information and Resources

Domestic Violence Law

Domestic violence is an act of violence committed, usually, by a partner against an "intimate partner, usually by the use of physical force or deadly weapon, which act results to economic, emotional and physical damages. "Inmate partner" include current legally-married spouse, former spouse, a person who is cohabiting or who has cohabited, and a person whom the partner shares a child with. Domestic violence is not just committed by a partner against an intimate partner, but also by a parent against his or her children, or a guardian against his or her ward. Domestic violence is also not defined by the use of physical strength or deadly weapon, but also by any attempted use of either physical strength or deadly weapon.

Domestic violence is a crime in the United States. This crime is punishable by law through state and federal rules and regulations. Majority of domestic violence issues are governed by state laws and statutes. The Violence Against Women Act of 1994 was passed by Congress to recognize that domestic violence is a national crime. The Gun Control Act was also expanded to mandate that domestic violence abusers are legally prohibited from possessing guns.

The VAWA has jurisdiction over U.S. territories, including Indian country and military bases. Under the VAWA, it is a federal crime when one partner crosses state lines and physically injures a partner, stalk or harass a partner, and violate a protection order. Under the Gun Control Act, a domestic violence abuser commits a crime when he or she possess a firearm subject to a qualifying protection Order; and when he or she possesses a firearm following that person's conviction of a crime of domestic violence.

The VAWA affords the victim certain protections, such as the right to a fair trial, right to restitution, and right to protective orders. In a VAWA case, the Court must order restitution to pay the victim the full amount of loss, which include medical and psychological care costs, housing, child care expenses, loss of employment wages, attorney's fees, costs incurred in obtaining a civil protection order, and any other losses.

Litigating a VAWA case is not as easy to showing the court bruises inflicted by a partner or a member of the family. The plaintiff needs to prove that the perpetrator's behavior and their relationship meet certain standards set by law. The establishment of such behavior and relationship will need the expertise of a domestic violence law attorney as the required standards differ from state to state. Moreover, in order for a plaintiff to receive full amount of loss, the plaintiff must keep a record of all expenses caused by the domestic violence crime. This shows that a victim need to avail the assistance of a domestic violence law attorney prior to initiating any suit against the perpetrator. Domestic violence has profound effects on both perpetrator and victim and may scar them for the rest of their lives. A domestic violence law attorney can help either perpetrator or victim sort out differences the least emotional way.

Areas of Law