An accidental, casual, secret, or permissive entry
is ineffective. While the entry must be notorious,
it must also be peaceable to prevent violence and
warfare, which might otherwise result.
The payment of
REAL ESTATE taxes by the
owner, while demonstrating that he or she has
not abandoned land, is not considered to have
any impact on continuous possession.
The adverse claimant may destroy his or her
continuous possession by abandoning the land
or giving it to someone else, even the owner,
before the time at which title to it would vest. It
does not matter how long or brief the abandon-
ment is as long as it was intentional. A temporary
absence from the land is not the same as an
abandonment and has no effect on the occupancy,
provided it is for a reasonable period of time.
Statutory Period The time period of the
statute of limitations that must expire before title
can be acquired by adverse possession varies
from state to state. No statute will begin to run
until the adverse claimant actually possesses the
property in question under color of title or claim
of right, where necessary. As of that time, the
landowner is entitled to bring a lawsuit against
the possessor to recover the property.
The adverse possessor must occupy the
property for the full statutory period. In jurisdic-
tions that also require color of title, it must
coexist with possession for the complete period.

Establishment of Boundaries.” Nebraska Law Review
78 (winter).
Bloch, David S., and James Parton III. 2001. “The Intent
Theory of Extinguishment Under California Law.”
Southwestern Univ. Law Review 30 (winter).
Gonski, Dennis M. 2001. “Disrupting More Than a Half
Century of Accepted Law.” New Jersey Law Journal
(June 18).
Latovick, Paula R. 1998. “Adverse Possession of Municipal
Land: It’s Time to Protect This Valuable Asset.” Univ. of
Michigan Journal of Law Reform 31 (winter).
Spitler, William Hayden. 2000. “Over a Century of Doubt
and Confusion: Adverse Possession in Arkansas, Intent
to Hold Adversely and Recognition of Superior Title in
Fulkerson v. Van Buren.” Arkansas Law Review 53
(spring).
Stake, Jeffrey Evans. 2001. “The Uneasy Case for Adverse
Possession.” Georgetown Law Journal 89 (August).
CROSS REFERENCES
Cause of Action; Color of Title; Easement; Real Property;
Statute of Limitations; Title; Trespass.
ADVICE AND CONSENT
The authority given by the U.S. Constitution to
the Senate to ratify treaties and confirm presi-
dential cabinet, ambassadorial, and judicial
appointments.
Article II, Section 2, of the Constitution
gives the president the right to negotiate foreign
treaties and to nominate individuals to high-
ranking government positions, including cabi-

the most public attention when the Senate has
rejected presidential nominations to the cabinet
and to federal judgeships. The Senate voted
down the 1987 Supreme Court nomination of
Robert Bork by President
RONALD REAGAN,
leading to charges that the Senate had politi-
cized the confirmation process.
CLARENCE THOMAS
was confirmed as Supreme Court justice in
1991, but only after a bruising confirmation
struggle that was nationally televised. In 2002,
the Senate rejected several judicial nominations
by President
GEORGE W. BUSH, again leading to
charges of partisan politics.
ADVISE
To give an opinion or recommend a plan or course
of action; to give notice; to encourage, inform, or
acquaint.
Advise does not mean the same as instruct
or persuade. If a statute authorized a trial court
to acquit, the court has no power to instruct the
jury to acquit. The court can only counsel, and
the jury is not bound by the advice.
ADVISEMENT
Deliberation; co nsultation.
A court takes a case under advisement after it
has heard the arguments made by the counsel of
opposing sides in the lawsuit but before it

without a jury but had discretion to appoint a
jury to advise him. In modern law a judge has
great discretion in determining how much
weight an advisory jury
VERDICT will bea r on a
final judgment. Some judges adopt advisory jury
findings unless they are clearly erroneou s while
other judges consider the findings an additional
piece of evidence to be weighed in deciding
the case.
After the government siege of the Branch
Davidian compound in Waco, Texas, in 1993,
an advisory jury was used in a lawsuit against
the federal government filed by the survivors of
the fire that ended the siege, and relatives of
those who died in the fire. The survivors’
WRONGFUL DEATH action asked for $675 million
in damages. Under the
FEDERAL TORT CLAIMS ACT
the survivors did not have a right to a jury trial
but the federal judge concluded that an advisory
jury was needed. In July 2000, the jury ruled in
favor of the federal government on all counts
and the judge endors ed these findings in a final
judgment.
FURTHER READINGS
Spielbauer, T. “Practice and Potential of the Advisory
Jury.”1987. Harvard Law Review 100 (April).
Wisenberg, Solomon. 2000. “What the Waco Advisory Jury
Did Not Hear.” CNN.com: Law Center. Available online

RESOLUTION passed by the
Virginia House of Representatives. In both
instances, the Court diplomatically but firmly
refused to supply an opinion.
The Supreme Court has steadfastly resisted
subsequent efforts to elicit advisory opinions,
even when these efforts appear under the guise
of an actual lawsuit. Thus, in Muskrat v. United
States, 219 U.S. 346, 31 S. Ct. 250, 55 L. Ed. 246
(1911), the Court struck down an act of
Congress that authorized the plaintiffs to sue
the United States to determine the validity of
certain laws. The Court found the lawsuits
authorized by the act to be thinly ve iled
attempts to obtain advisory opinions, since the
constitutional requirements of justiciability and
an actual case or controversy were not satisfied.
Justice
WILLIAM R. DAY, writing for the Court,
predicted that if the justices rendered a
judgment in the case,
the result will be that this court, instead of
keeping within the limits of judicial power
and deciding cases or controversies arising
between opposing parties, as the Constitu-
tion intended it should, will be required to
give opinions in the nature of advice
concerning legislative action, a function
never conferred upon it by the Constitution.
Echoing the convictions expressed in Musk-

stances the opinions may bind the authorities
that request them.
Advisory opinions have their greatest effect
as guides to policy making for the executive and
legislative branches of state government. They
are most often sought in the areas of intergov-
ernmental relatio ns,
TAXATION, and finance.
Advisory opinions contrast with declaratory
judgments, which determine the rights of
litigants in an actual controversy and involve
specific individuals who are at least nominally
adverse to each other. Declaratory judgments
are al lowed by courts at both the federal
and state levels. Although the line between
advisory opinions and declaratory judgments
is a fine one, the Supreme Court has consis-
tently reiterated the necessity of keeping it
intact. In Ashwander v. Tennessee Valley
Authority, 297 U.S. 288, 56 S. Ct. 466, 80 L.
Ed. 688 (1936), the justices insisted that
the Federal
DECLARATORY JUDGMENT Act,
which gives federal courts the power to issue
declaratory judgments, “does not attempt to
change the essential requisites for the exercise
of judicial power.” An actual, not theoretical,
case or controversy between specific parties
must still be shown. In another case, the Court
stated specifically that the Declaratory Judgment

Aeronautics is the science and art of flight,
encompassing the functioning and ownership of
all aircraft vehicles from balloons to those that
travel into space.
Aviation is travel by means of an aircraft that
is heavier than air. Aerospace is a term used in
reference to the atmosphere and the area
beyond. The aerospace industry is involved with
the planning and building of vehicles operating
in both air and space.
Airspace is the region that extends above real
property. Air transportation, as set forth by
federal statute, refers to interstate and distant
conveyance of people, cargo, and mail by U.S.
and foreign aircraft vehicles.
Airspace Rights
The federal government has jurisdiction over
airspace within its domain, and each state has
authority over the space above the ground
within its borders except in places within the
domain of federal regulation. An aircraft is
subject to the authority of the federal govern-
ment and to the authority of a particular state
while traveling over it. Landowners have air
rights that extend upward beyond their proper-
ty, the
BOUNDARIES of which are delineated
by local zoning ordinances. These air rights
The Federal Aviation
Administration has

The FEDERAL AVIATION ADMINISTRATION (FAA) is
the agency with the authority to govern air
commerce. The intent of such regulation is to
advance the growth and safety of air travel while
satisfying national defense needs. The director
of the FAA has the power to engage in, or
monitor, work and testing that will bring about
the production of advanced aircraft; to set forth
prescribed rules and regulations for the plan-
ning and servicing of airplanes; and to adminis-
ter stringent sanctions if the regulations are not
observed. The FAA is also responsible for air
traffic control at airports. The
NATIONAL TRANS-
PORTATION SAFETY BOARD
(NTSB) is charged with
investigating the circumstances surrounding,
and the causes of, accidents involving aircraft.
Certificate Requirements
An airplane must have a valid airworthiness
certificate in order for it to be lawfully operated.
The airworthiness of a plane is determined by
an inspector authorized by the FAA. The
inspector may neither delegate this duty to
inspect the aircraft nor depart from procedures
for inspection that have been prescribed by the
administrator of the FAA.
The FAA administrator is em powered to
create minimum standards for the inspection,
maintenance, and repair of air carrier equip-

tated by aircraft engines may not, for example,
conflict with federal rules governing noise
pollution.
Airport Operation
Most federal law affecting airports and air
carriers can be found under 49 U.S.C. 401, et
seq., and Titles 14 and 49 of the
CODE OF FEDERAL
ILLUSTRATION BY GGS
CREATIVE RESOURCES.
REPRODUCED BY PER-
MISSION OF GALE, A
PART OF CENGAGE
LEARNING.
Active Pilot Certificates Held in 2008, by Type
of Certificate
SOURCE: Federal Aviation Administration, “U.S. Civil
Airmen Statistics,” available online at
.gov/data_research/aviation_data_statistics (accessed
on Au
g
ust 11, 2009).
Other
35,707
Private
222,596
Recreational and
sport, 2,875
Airline transport
146,838

jurisdictions a public agency is empowered by
the state to adopt zoning laws that limit the use
of adjacent property. Such ordinances are
designed to reduce interference with the opera-
tion of the airport.
In considering the need for intervention
concerning the building and operation of airports,
courts examine the interests of the concerned
parties in light of prevailing
PUBLIC POLICY in favor
of encouraging quiet use and enjoyment of one’s
land compared to the interests of society in
accessible and convenient air travel.
For example, in Clark County, Nevada v.
Vacation Village (497 F.3d 209 [9th Cir. 2007]),
PLAINTIFF landowners fought local county ordi-
nances imposing airspace restrictions that
affected their property. (The ordinances created
airport runway protection zones and imposed
land-use limitations, including restrictions on
the height of buildings on property located
within those zones.) This adversely affected
plaintiffs’ intended use of the property for
vacation resort condominium development.
The lawsuit alleged that the restrictions were
tantamount to a taking of the property under
state
EMINENT DOMAIN law (inverse condemna-
tion), which would require the county to pay
compensation to the landowners. The Nevada

jurisdiction where the document of conveyance
or sale is transferred.
Federal law mandates the registration of
aircraft and the proper recording of any paper
that affects its title, such as a mortgage. Such
recording must take place at the administration
and records branch of the FAA. In addition,
documents creating security interests in the
aircraft must be recorded to provide notice to
prospective purchasers of prior claims to the
vehicle.
General principles of contract law govern
aircraft rental, and parties to the agreement are
ordinarily bound by its terms. The renter of a
defective vehicle might, however, have the right
to terminate the contract since the individual
offering the aircraft for rent is obligated to
provide a vehicle in satisfactory operating
condition.
Duties in Aircraft Operation
An individual who is injured as a result of the
operation of an aircraft usually has a legally
enforceable right to damages for any injuries or
losses sustained.
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
AERONAUTICS 153
Manufacturers A manufacturer must exercise
reasonable care and proficiency in the design,
production, and assembly of an aircraft vehicle.
LIABILITY for a departure from this duty may be

for damage arising from the improper operation
of its aircraft by government employees.
Passengers Pa ssengers in a private aircraft have
theobligationtoexercisereasonablecarefortheir
own well-being. They must su bscribe to t he
reasonable-person standard and refrain from
going on a parti c ular fli ght that would b e a n
obvious danger, such as a flight during a hurricane.
Passengers on
AIRLINES and other air com-
mon carriers must observe safety precautions by
obeying instructions of flight attendants, such as
by fastening their seatbelts.
Airport Operators An airport operator has the
duty to exercise ordinary care in protecting
aircraft on its premises and the people who use
airport facilities. Neglecting to maintain the
airport premises in a reasonably safe condition
results in tort liability for resulting injuries to
anyone present.
Air Traffic Control
The federal government has responsibility for air
traffic control. Air traffic controllers have a duty to
keep aircraft from colliding by guiding their paths.
Liability can be extended to the federal govern-
ment for the negligence of its air traffic controllers.
Contributory negligence by the individual harmed
might, however, prevent recovery against the
United States for damage caused only partially
by the negligence of controllers.

port must exercise a high degree of care to
properly handle and deliver such goods. Liabi lity
for
LOSS or damage may be restricted to a
prearranged amount, which must be listed on
the passenger ’s ticket in the case of baggage or on
the
BILL OF LADING regarding the goods shipped.
Flying Schools
A flying school that maintains facili ties that
interfere with the customary use and enjoyment
of property by neighboring landowners can be
liable for nuisance or trespass. A student pilot
flying with a flight instructor is considered legally
to be a passenger, and, therefore, the school owes
the same duty of care to the student as a
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
154 AERONAUTICS
commercial airline owes to its passenger. A
trainee, however, assumes certain risks while
being taught to fly, and the school can success-
fully assert the defense of assumption of the risk
in tort cases. A member of a flight club, as an
owner of an airplane that belongs to the club, may
be held personally liable for accidents that might
occur while he or she is pilotin g the craft. Statutes
that govern the liability of a flight club member
explain liability issues.
Following the September 11, 2001, terrorist
attacks on the United States, Congress moved to

GEORGE W. BUSH signed the act into law after much
congressionaldebateinMarch2006.Aslateas
2009, many people in and outside government
urged repeal of this act, arguing its intrusion in
personal liberties. Others believed terrorist threats
to the United States warranted keeping the
PATRIOT Act.
Air Piracy
Aircraft piracy or an attempt to hijack an
airplane is a federal offense, punishable by
either life imprisonment or death. Airlines can
deny an individual passage on an airplane if a
magnetometer (an instrument used to measure
magnetic intensity) indicates the presence of a
metal object, such as a weapon, on that person
and the person refuses to surrender to the
appropriate officials any metal object that might
have triggered the instrument.
Aerospace
The National Aeronautics and Space Adminis-
tration (NASA) was established by Congress to
organize, direct, and carry out research into
difficulties attached to flight within and beyond
the atmosphere of the Earth and to facilitate the
development and functioning of aeronautical
vehicles.
FURTHER READINGS
Banner, Stuart. 2008. Who Owns the Sky?: The Struggle to
Control Airspace from the Wright Brothers On. Cam-
bridge, Mass.: Harvard Univ. Press.

examination. A pleading—a request to a court
to exercise its judicial power in favor of a party
that contains allegations or conclusions of facts
that are not necessarily ve rified—differs from
an affidavit, which states facts under
OATH.
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
AFFIDAVIT 155
Basis
An affidavit is based upon either the personal
knowledge of the affiant or his or her
INFORMATION
AND BELIEF
. Personal knowledge is the recognition
of particular facts by either direct observation or
experience. Information and belief is what the
affiant feels he or she can state as true, although
not based on firsthand knowledge.
The Affiant
Any person having the intellectual capacity to
take an oath or make an affirmation and who has
knowledge of the facts that are in dispute may
make an affidavit. There is no age requirement
for an affiant. As long as a person is old enough to
understand the facts and the significance of the
oath or affirmation he or she makes, the affidavit
is valid. A criminal conviction does not make a
person incapable of mak ing an affidavit, but an
adjudication of
INCOMPETENCY does.

CREATIVE RESOURCES.
REPRODUCED BY
PERMISSION OF GALE,
A PART OF CENGAGE
LEARNING.
Affidavit
STATE OF __________________________________ COUNTY OF __________________________________
BEFORE ME, the undersigned authority, _____________________ [name and capacity of officer before whom affidavit is sworn],
on this _____________________ [day of month] day of _____________________ [month], 20____, personally appeared
_________________ [name of affiant], known to me to be a credible person and of lawful age, who being by me first duly sworn,
on ________ [his or her] oath, deposes and says: _________________________________ [set forth statement of facts].

_____________________________ [signature of affiant]
_____________________________ [typed name of affiant]
_____________________________ [address of affiant]
Subscribed and sworn to before me, this _________________ [day of month] day of _________________ [month], 20____.
[Seal] _____________________________ [signature of officer]

_____________________________ [typed name of officer]
_____________________________ [title of officer]
My commission expires: ______, 20____
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
156 AFFIDAVIT
or she is commissioned and the expiration date of
the commission. An official seal is not essential to
the validity of the affidavit but may be placed on it
by the proper official.
The Oath or Affirmation
Unless otherwise provided by statute, an oath is
essential to an affidavit. The statement of the

Business Generally affidavits are used in busi-
ness whenever an official statement that others
might rely upon is needed. Statements of the
financial stabi lity of a corporation, the pedigree
of animals, and the financial conditions of a
person applying for credit are examples of
affidavits used in the commercial world.
Judicial Proceed ings Affidavits serve as evi-
dence in civil actions and criminal prosecutions
in certain instances. They are considered a very
weak type of evidence because they are not taken
in court, and the affiant is not subject to cross-
examination. Their use is usually restricted to
times w hen no better e vidence can be offered. If a
witness who has made an affidavit is not a vailable
to
TESTIFY at a trial, his or her affidavit may be
admitted as evidence. If the witness is present, his
or her affidavit is
INADMISSIBLE except when used to
IMPEACH the witness’s TESTIMONY,ortohelpthe
witness with past recollection of facts.
Affidavits are also used as evidence in
EX
PARTE
proceedings such as a hearing for the
issuance of a
TEMPORARY RESTRAINING ORDER or an
order to
SHOW CAUSE. The expeditious nature of

The purpose of the act is to identify natural fathers
through a paternity test so that a court may order
child support obligations against them.
CROSS REFERENCES
Commissioners on Uniform Laws; DNA Evidence; Paternity;
Paternity Suit.
AFFINITY
The relationship that a person has to the blood
relatives of a spouse by virtue of the marriage.
The doctrine of affinity developed from a
maxim of
CANON LAW that a HUSBAND AND WIFE were
made one by their
MARRIAGE. There are three types
of affinity. Direct affinity exists between the
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
AFFINITY 157