5J051 Paralegal 0906 Edit Code 05

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1. Who was the first paralegal appointed to the position of Special Assistant to The Judge Advocate General for Legal Airman Affairs?

Explanation

CMSgt Steve Swigonski was the first paralegal appointed to the position of Special Assistant to The Judge Advocate General for Legal Airman Affairs.

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This quiz titled '5J051 Paralegal 0906 Edit Code 05' assesses knowledge on key historical and operational aspects of The Judge Advocate General's (TJAG) Corps, including important dates, organizational roles, and prerequisites for selection. It is crucial for learners in military legal roles aiming to enhance their understanding of Air Force... see morelegal operations. see less

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2. Which annual award is presented to the Outstanding Reserve Paralegal of the Year?

Explanation

The David Westbrook Award is presented annually to the Outstanding Reserve Paralegal of the Year.

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3. You certify your information in Roster to

Explanation

The correct answer is "verify the information you entered is correct". In Roster, you certify your information to ensure that the details you have entered are accurate. This step is important as it helps maintain the integrity of the information and ensures that any data entered by you is verified and reliable. By certifying your information, you take responsibility for its accuracy and confirm that it has been entered correctly.

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4. If you are researching a case and need to know how the courts have defined a term for legal purposes, what reference should you use first?

Explanation

The Words and Phrases publication should be used first when researching a case to understand how the courts have defined a term for legal purposes. This publication contains definitions and interpretations of legal terms as used by the courts, making it a valuable resource for understanding the judicial understanding of a specific term. The Code of Federal Regulations, Uniform Code of Military Justice, and American Jurisprudence 2d publication may provide relevant information, but the Words and Phrases publication is specifically focused on court definitions, making it the most appropriate reference to consult initially.

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5. The nomination for all The Judge Advocate General (TJAG) awards must be submitted on

Explanation

The correct answer is AF Form 1206. This is because the question is asking for the form that must be used to submit nominations for all The Judge Advocate General (TJAG) awards. The other options (AF Form 1000, plain bond paper, and appropriate MAJCOM form) are not specified as the required forms for these nominations. Therefore, AF Form 1206 is the correct answer.

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6. What is your first resource for Law Library Accountable Officer (LLAO) duties?

Explanation

The first resource for Law Library Accountable Officer (LLAO) duties is the Network Resource Allocation Management System (NetRAMS) automated assistance. This system provides the necessary tools and resources to efficiently manage and allocate network resources. It helps the LLAO in carrying out their responsibilities and ensures proper accountability for the law library's resources. The NetRAMS system is specifically designed to assist LLAOs in their duties, making it the primary resource for them.

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7. Air National Guard members working at an Active Duty office are under what type of orders?

Explanation

Air National Guard members working at an Active Duty office are under Title 10, U.S.C. orders. Title 10, U.S.C. is the federal law that governs the organization and role of the United States Armed Forces. It outlines the authority and responsibilities of the Department of Defense and provides the legal framework for military operations, including the activation and deployment of National Guard forces. Therefore, Air National Guard members working at an Active Duty office are operating under the authority and regulations established by Title 10, U.S.C.

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8. If a SSgt Category A Reservist has an accession date of 1 September 2010, the first EPR is due

Explanation

The first EPR is due on 1 September 2012 because according to Air Force regulations, the first EPR for a SSgt Category A Reservist is due two years after their accession date. In this case, the accession date is 1 September 2010, so the first EPR is due on the same day in 2012.

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9. Once you have found the case on point, what is your next step to shepardize?

Explanation

After finding the case on point, the next step to Shepardize is to make sure the case is still good law. This involves checking if there have been any subsequent rulings or developments that may have impacted the validity or relevance of the case. Shepardizing helps to ensure that the case is still considered authoritative and can be relied upon in legal research.

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10. What conditions warrants writing a legal review for an involuntary discharge action?

Explanation

All involuntary discharge actions, except entry level discharges, must have a legal review because it is important to ensure that the discharge is being carried out in accordance with the law. A legal review helps to determine if the discharge is justified and if all proper procedures have been followed. It is especially necessary in cases where a general discharge characterization or an under other than honorable discharge characterization is possible, as well as when a nonjudicial punishment action is included in the discharge package. This review helps to protect the rights of the individual being discharged and ensures that the decision is fair and lawful.

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11. When a member, whether hospitalized or not, has a disease or injury that will likely result in permanent disability, what must be done?

Explanation

When a member has a disease or injury that is likely to result in permanent disability, a Line of Duty (LOD) determination must be done. This determination is necessary to assess whether the disease or injury was incurred in the line of duty. It helps determine the member's eligibility for benefits and compensation related to the disability. The LOD determination ensures that the member receives the appropriate support and resources for their condition.

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12. What is the first step in planning an interview?

Explanation

The first step in planning an interview is to determine the time and place to conduct it. This is essential as it allows for proper scheduling and preparation. By deciding on the time and place in advance, the interviewer can ensure that both parties are available and that the interview can take place in a suitable and comfortable environment. This step sets the foundation for a successful and organized interview process.

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13. Which of the following statements concerning The Judge Advocate General's (TJAG) Corps is accurate?

Explanation

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14. Your efforts as a supervisor will be judged in terms of how well you meet the requirements and by

Explanation

As a supervisor, your performance will be evaluated based on several factors. One of the key factors is the volume and quality of production achieved within the established time limits. This means that your ability to effectively manage and lead your team to meet production targets and maintain high-quality standards is crucial. It demonstrates your effectiveness in coordinating resources, setting priorities, and ensuring that work is completed efficiently and effectively. This metric reflects your overall ability to drive productivity and achieve desired outcomes. The other options mentioned, such as the morale and production of your workers, the amount of corrections required in subordinates' work, and their attitude towards your decisions, may also be important, but the volume and quality of production are more directly tied to your performance as a supervisor.

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15. In using the case method to research, if you know the name of the case you want, what do you use to find the case?

Explanation

In using the case method to research, if you know the name of the case you want, you would use the "Table of Cases Reported: Alphabetical Listing" to find the case. This table provides an alphabetical listing of all the cases that have been reported, making it easier to locate a specific case by its name. The other options listed, such as Court Martial Reporter, Manual for Courts-Martial, and United States Code, Annotated, do not specifically provide an alphabetical listing of cases and may not be as helpful in finding a specific case by its name.

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16. What is the last paragraph in an enlisted involuntary discharge legal review?

Explanation

The last paragraph in an enlisted involuntary discharge legal review is the Judge Advocate's recommendation. This means that after reviewing the case and considering all the legal and procedural aspects, the Judge Advocate provides their recommendation or opinion on whether the discharge should be approved or not. This recommendation serves as a crucial factor in the final decision-making process regarding the discharge of the enlisted individual.

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17. When a deposition that has been transcribed is used in a court-martial, who reads the deposition to the court?

Explanation

The party offering the transcribed deposition is responsible for reading it to the court during a court-martial. This means that whichever side (defense or prosecution) introduced the deposition as evidence will be the one to present it to the court. They will read the deposition aloud, ensuring that all relevant information is conveyed to the judge and jury.

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18. What is your first step in computer assisted legal research (CALR) when searching for a case?

Explanation

The first step in computer assisted legal research (CALR) when searching for a case is to access Federal Legal Information through Electronics (FLITE). This suggests that FLITE is the preferred platform or database for conducting legal research and finding relevant case information. It implies that FLITE provides comprehensive access to federal legal information, making it the ideal starting point for CALR.

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19. What investigation's primary purpose is accident prevention?

Explanation

The investigation's primary purpose is accident prevention because safety measures and protocols are put in place to identify and address any potential risks or hazards that could lead to accidents. By conducting investigations, organizations can gather data and information to analyze the causes of accidents, identify trends or patterns, and implement preventive measures to ensure the safety of individuals and prevent future accidents from occurring.

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20. What should interviewing personnel do in preparation for a witness interview?

Explanation

In preparation for a witness interview, interviewing personnel should create a list of questions to ask the witness. This is important as it helps the interviewer stay organized and ensures that all relevant information is obtained from the witness. By having a prepared list of questions, the interviewer can also ensure that they cover all necessary topics and gather the required evidence for the investigation.

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21. When assuming Law Library Accountable Officer (LLAO) duties, the first thing that must be done is to complete an inventory along with

Explanation

When assuming Law Library Accountable Officer (LLAO) duties, completing an inventory is the first step. In addition to the inventory, a certificate of transfer must also be completed. This certificate serves as documentation of the transfer of responsibility from the previous officer to the new LLAO. It ensures that all items are accounted for and provides a record of the transition. The AF Form 614, AF Form 1025, and AF Form 1175 are not mentioned in the question and therefore are not necessary for assuming LLAO duties.

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22. If you are researching elements of an offense in the Manual for Courts-Martial, you are using

Explanation

If you are researching elements of an offense in the Manual for Courts-Martial, you are using a primary source. A primary source refers to original documents or materials that provide firsthand information or direct evidence about a particular topic. In this case, the Manual for Courts-Martial is a primary source because it is the official document that outlines the elements of offenses in the military justice system. It is considered the most reliable and authoritative source for understanding the legal framework and requirements for offenses in the military courts.

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23. Congress established the Office of The Judge Advocate General on

Explanation

The correct answer is 25 June 1948. This is the date when Congress established the Office of The Judge Advocate General.

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24. What action is taken when a self-inspection reveals a discrepancy that cannot be corrected on the spot?

Explanation

When a self-inspection reveals a discrepancy that cannot be corrected on the spot, the action taken is to suspense the discrepancy until it is corrected. This means that the discrepancy is noted and kept on hold until it can be resolved or fixed. It is not closed out or forwarded to higher authorities until it has been addressed and corrected. This allows for proper tracking and monitoring of the discrepancy until it is resolved.

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25. What information is shown on the face of a photograph for a claims investigation?

Explanation

The correct answer is "Do not mark the face of the photograph." This information is shown on the face of a photograph for a claims investigation to indicate that the face of the photograph should not be altered or tampered with in any way. This is important to ensure the integrity and authenticity of the evidence presented in the photograph.

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26. The organization responsible for direct supervision of the Civil Law and Litigation Directorate is called

Explanation

The Air Force Legal Operations Agency is the organization responsible for direct supervision of the Civil Law and Litigation Directorate.

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27. When conducting manual legal research, what is considered to be a secondary source?

Explanation

Black's Law Dictionary is considered to be a secondary source when conducting manual legal research. Secondary sources are materials that analyze, interpret, or explain primary sources of law. Black's Law Dictionary is a widely recognized and authoritative legal dictionary that provides definitions and explanations of legal terms. It is commonly used by legal professionals to understand and interpret the meaning of legal concepts and terms. Therefore, it is considered a valuable secondary source for legal research.

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28. When drafting a motion, the last paragraph is the

Explanation

The last paragraph of a motion is typically the conclusion. This is where the drafter summarizes the main points and arguments presented in the motion and states the desired outcome or relief they are seeking. The conclusion serves as a concise summary of the motion and helps the reader understand the overall purpose and intent of the document.

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29. Which of the Rules for Court-Martial (RCM) discusses immunity?

Explanation

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30. Which one of the following is not a prerequisite for a person to be selected as The Judge Advocate General (TJAG)?

Explanation

The correct answer is "Must be appointed by the Air Force Chief of Staff with the advice and consent of the Joint Staff." This is because the appointment process is not a prerequisite for someone to be selected as The Judge Advocate General (TJAG). The other options are prerequisites as they outline the necessary qualifications and experience required for the position.

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31. When preparing a legal review for a private organization's constitution and by-laws, what should be included in the final paragraph?

Explanation

The final paragraph of a legal review for a private organization's constitution and by-laws should include the reviewer's contact information. This is important because it allows the organization to easily reach out to the reviewer for any further questions or clarifications regarding the review. It also establishes a professional connection between the reviewer and the organization, facilitating future communication if needed.

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32. What should your first action be before you assign new personnel to a duty position?

Explanation

Before assigning new personnel to a duty position, it is important to discuss the work section and policies with them. This allows the new personnel to understand the expectations and requirements of their new role. By discussing the work section and policies, the new personnel can gain clarity on their responsibilities and how they should perform their duties. This step ensures that the new personnel are well-informed and prepared to carry out their tasks effectively. Introducing them to the SJA, showing them around the office, and introducing them to their new supervisor may also be important steps, but discussing the work section and policies should be the first action taken.

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33. What should you do first when trainees need to improve the quality of their performance?

Explanation

The first step when trainees need to improve the quality of their performance is to counsel and inform them of their progress. This involves providing feedback and guidance to the trainees, discussing their strengths and weaknesses, and helping them understand how they can improve. By doing so, the trainees will be aware of their performance and what areas they need to work on, allowing them to make necessary adjustments and strive for better results.

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34. In what section of a proof analysis would you address bias?

Explanation

In a proof analysis, bias would be addressed in the defense points section. This is because defense points are used to counter any potential biases or weaknesses in the argument being presented. By addressing bias in the defense points, the person conducting the proof analysis can provide counterarguments or evidence that challenges any biased or one-sided claims made in the proof.

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35. Which investigation is performed for misdemeanor-type offenses?

Explanation

The correct answer is Security Forces Office of Investigations. This investigation is performed for misdemeanor-type offenses. The Air Force Office of Special Investigations focuses on felony-level offenses, while the Inspector General is responsible for conducting audits, inspections, and investigations related to fraud, waste, and abuse. Safety is not typically involved in criminal investigations, but rather focuses on preventing accidents and promoting safety within the organization.

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36. Whose signature is required on a signed statement?

Explanation

The person furnishing the statement is the one who is providing or giving the statement. Therefore, their signature is required on the signed statement to authenticate and confirm that the statement is true and accurate.

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37. If several trainees have trouble with the same job training areas, what training method should be used first?

Explanation

Group study should be used first if several trainees have trouble with the same job training areas. This method allows trainees to collaborate and learn from each other's experiences and knowledge. It promotes active discussion, problem-solving, and peer support, which can help clarify concepts and improve understanding. Group study also fosters a sense of teamwork and camaraderie among trainees, creating a supportive learning environment. By addressing common challenges collectively, group study can efficiently address training gaps and enhance overall learning outcomes.

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38. Who is the only person that can grant immunity to a witness?

Explanation

The General Court-Martial Convening Authority Staff Judge Advocate (GCMCA SJA) is the only person who can grant immunity to a witness. This authority is granted to ensure that witnesses are protected and encouraged to provide truthful testimony without fear of self-incrimination. The GCMCA SJA has the power to offer immunity to a witness, which means that any statements made by the witness cannot be used against them in a criminal proceeding. This is an important tool in the justice system to ensure that all relevant information can be obtained during a trial.

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39. The Area Defense program went into effect worldwide on

Explanation

The correct answer is 1 July 1974. This date marks the worldwide implementation of the Area Defense program. It suggests that prior to this date, the program was not in effect globally.

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40. Before starting their career development course (CDC), trainees should carefully read the

Explanation

Trainees should carefully read the key to a successful course information because it provides valuable guidance and tips on how to make the most out of the course. It may include information on study techniques, time management, and resources available to support their learning. By reading this information, trainees can set themselves up for success and ensure they are fully prepared to engage with the course material.

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41. When preparing a legal review for a private organization's by-laws, and the organization has not met the requirements of AFI 34-223, Private Organizations (PO) Program, what is your next step?

Explanation

In this situation, the next step would be to identify which requirements need to be met. Since the organization has not met the requirements of AFI 34-223, it is important to determine exactly which requirements have not been fulfilled. This will allow for a clear understanding of what needs to be addressed and corrected in order to comply with the regulations. Once the specific requirements are identified, appropriate actions can be taken to ensure compliance with the AFI and prevent any potential legal issues.

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42. What section of a legal review for a report of survey (ROS) precedes the "discussion" section?

Explanation

The section of a legal review for a report of survey (ROS) that precedes the "discussion" section is the introduction. The introduction typically provides an overview of the report and sets the context for the discussion that follows. It may include background information, the purpose of the report, and any relevant legal or regulatory considerations.

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43. What should be your first step in preparing a legal review for use of government resources?

Explanation

In order to prepare a legal review for the use of government resources, the first step should be to review DOD 5500.7-R, Joint Ethics Regulation. This regulation provides guidelines and instructions on the ethical use of government resources. By reviewing this regulation, one can familiarize themselves with the rules and regulations regarding the use of government resources, which will help in conducting a thorough and accurate legal review. This step is crucial as it sets the foundation for understanding the legal framework and requirements surrounding the use of government resources.

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44. When drafting a stipulation of fact, what is the first thing you put in the body of the stipulation?

Explanation

In a stipulation of fact, the first thing that is put in the body is the agreement and stipulation of the prosecution, defense, and accused to the facts that follow. This is because the stipulation of fact is a written agreement between the parties involved in a legal case, where they agree on certain facts that are not in dispute. The stipulation is then presented to the court as evidence, and it helps to streamline the trial process by eliminating the need to prove these agreed-upon facts during the trial.

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45. Why is it important to keep your information up to date in Roster?

Explanation

Keeping your information up to date in Roster is important because Numbered Air Force and MAJCOM offices use it to prepare for Staff Assistance Visits. This means that these offices rely on accurate and current information in Roster to assess the readiness and compliance of units during these visits. Having outdated or incorrect information could lead to a negative evaluation or potential issues during these visits. Therefore, it is crucial to ensure that your information is regularly updated in Roster to maintain accuracy and readiness.

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46. In which section of the Career Field Education and Training Plan (CFETP) do you find the course objective list and training standards supervisors use to determine if Airmen satisfy training requirements?

Explanation

In the Career Field Education and Training Plan (CFETP), supervisors use Section B, Part II to find the course objective list and training standards for determining if Airmen satisfy training requirements. This section likely contains detailed information about the specific objectives and standards that Airmen must meet in order to fulfill their training requirements.

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47. When drafting a stipulation of expected testimony, whose identifying information is in the first numbered paragraph of the body?

Explanation

In a stipulation of expected testimony, the first numbered paragraph of the body typically contains the identifying information of the witness. This information includes the name, contact details, and any relevant background information about the witness. The stipulation is a document that outlines what the witness is expected to testify to during the trial. By including the witness's identifying information in the first paragraph, it helps to establish their credibility and allows for easy reference throughout the document.

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48. What Air Force directive provides guidance on The Judge Advocate General (TJAG) awards?

Explanation

not-available-via-ai

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49. If you are looking for state statutes in Federal Legal Information through Electronics (FLITE), what do you do once you get to the SourceFinder master index page?

Explanation

Once you get to the SourceFinder master index page in FLITE, you need to type "state" in the search bar and then press the search button. This is because you are specifically looking for state statutes, so entering "state" as the search term will help you find the relevant information.

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50. What action should you take prior to going to be the claimant's home to inspect damaged items for an inspection report?

Explanation

Prior to going to the claimant's home to inspect damaged items for an inspection report, it is important to review all paperwork provided to you through the Air Force Claims Service Center (AFCSC). This step ensures that you have all the necessary information and documents related to the claim, allowing you to properly assess the situation and conduct a thorough inspection. By reviewing the paperwork beforehand, you can also familiarize yourself with any specific instructions or guidelines provided by the AFCSC, ensuring that you follow the correct procedures during the inspection process.

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51. For claims investigations, preparation by the claims office starts with

Explanation

Assembling and maintaining an emergency operations kit is the first step in the preparation process for claims investigations. This kit includes essential tools, equipment, and supplies that will be needed during emergency situations. By having this kit ready and up-to-date, the claims office can ensure that they are well-prepared to respond effectively to any disaster or emergency that may occur. This step is crucial in ensuring that the claims office is equipped to handle the challenges that may arise during claims investigations.

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52. When supervising personnel, you must set specific goals, then check

Explanation

When supervising personnel, it is important to set specific goals for them. Once these goals are set, the supervisor needs to check whether they are achieved on schedule. This means monitoring the progress and timeline of the tasks assigned to the personnel and ensuring that they are completed within the designated time frame. By doing so, the supervisor can ensure that the team is working efficiently and meeting the expected deadlines.

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53. Where would you look to identify the most common enlisted Air Force specialty tasks that require training?

Explanation

The Specialty Training Standard (STS) would be the best place to look for identifying the most common enlisted Air Force specialty tasks that require training. The STS provides a comprehensive and standardized outline of the training requirements for each specialty, including the specific tasks that need to be performed. It is designed to ensure that all personnel in a particular specialty receive the necessary training to perform their duties effectively and safely. Therefore, the STS would be the most reliable source for identifying the common enlisted Air Force specialty tasks that require training.

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54. Airmen who have been upgraded in their specialties receive additional training through which program?

Explanation

Airmen who have been upgraded in their specialties receive additional training through qualification training. This training is designed to enhance their skills and knowledge in their specific field and ensure that they meet the necessary qualifications for their upgraded position. It helps them develop the necessary expertise and proficiency required to perform their job effectively and efficiently.

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55. The first thing you should do if publications are missing during the law library inventory is to

Explanation

If publications are missing during the law library inventory, the first thing to do is to start an investigation within 10 days of discovery. This implies that immediate action needs to be taken to determine the cause of the missing publications and to potentially recover them. It is important to start the investigation promptly to gather any available evidence and increase the chances of resolving the issue effectively. Notifying AFLOA/JAS is not mentioned in the answer options, so it is not the correct course of action in this situation.

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56. What is the first component of the AF On-The-Job Training (OJT) program?

Explanation

The first component of the AF On-The-Job Training (OJT) program is job knowledge training. This type of training focuses on providing employees with the necessary knowledge and skills specific to their job roles. It helps them understand the tasks, responsibilities, and requirements of their positions, ensuring they have a solid foundation to perform their duties effectively. Job knowledge training is essential for employees to develop the necessary expertise and confidence needed to excel in their roles within the organization.

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57. When preparing a legal review for use of government resources, what would you write at the end of your legal review?

Explanation

At the end of a legal review for the use of government resources, it is important to provide a summary of the questions that were addressed throughout the review. Additionally, it is necessary to restate the regulations that support your opinion. This ensures that the reader has a clear understanding of the issues that were examined and the legal basis for your conclusions. By providing a concise summary and restatement of regulations, you are providing a comprehensive and well-supported conclusion to your legal review.

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58. What is the first step in writing a case brief?

Explanation

The first step in writing a case brief is to read the case two or three times. This is important in order to fully understand the facts, issues, and legal reasoning presented in the case. By reading the case multiple times, the writer can ensure that they have a comprehensive understanding of the case and can accurately summarize and analyze it in the case brief.

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59. What is the first step in the process of deactivating a law library account due to the closing of the installation legal office?

Explanation

The correct answer is the Major command (MAJCOM) legal office notifies AFLOA/JAS 12 months in advance. This is the first step in the process of deactivating a law library account due to the closing of the installation legal office. The MAJCOM legal office is responsible for informing AFLOA/JAS, which is the higher authority, about the closure of the installation legal office. This notification is given 12 months in advance to allow for proper planning and coordination.

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60. Which type of immunity does not prevent the Air Force from trying a person on a criminal offense?

Explanation

Testimonial immunity does not prevent the Air Force from trying a person on a criminal offense. Testimonial immunity is a type of immunity granted to a witness in exchange for their testimony. It protects the witness from being prosecuted for any crimes they may have committed that are related to the case they are testifying in. However, it does not provide protection from being tried for criminal offenses unrelated to their testimony. Therefore, the Air Force can still try a person on a criminal offense even if they have been granted testimonial immunity.

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61. The Judge Advocate General (TJAG) award packages from major commands, field operating agencies, and direct reporting units must reach HQ USAF/JAX no later than

Explanation

The correct answer is 1 March. This is the deadline for the Judge Advocate General (TJAG) award packages to be submitted to HQ USAF/JAX. It is important for these packages to be received by this date in order to ensure that they are considered for the award.

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62. What action should you take before beginning a claims investigation?

Explanation

Before beginning a claims investigation, it is important to review all available evidence. This step is crucial as it allows the investigator to gather all the relevant information and facts related to the claim. By reviewing the evidence, the investigator can assess the validity of the claim, identify any inconsistencies or discrepancies, and determine the appropriate course of action. It helps in ensuring that the investigation is thorough and comprehensive, providing a solid foundation for making informed decisions regarding the claim.

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63. What document do you use to identify duty and training requirements for workcenter or section tasks and for mandatory specialty qualification requirements?

Explanation

The Master Training Plan is used to identify duty and training requirements for workcenter or section tasks and for mandatory specialty qualification requirements. It outlines the specific training and qualifications needed for each job role within an organization. It serves as a comprehensive guide for managers and employees to ensure that all necessary training is completed and qualifications are met. The Master Training Plan helps to maintain consistency and standardization in training and ensures that employees are adequately prepared to perform their assigned tasks.

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64. If you are researching a military justice case in computer assisted legal research (CALR) and you only want to search one specific database in the military justice section, what action should you take on the military justice collection page?

Explanation

On the military justice collection page, clicking the "uncheck all" button would clear any previous selections and deselect all the databases in the collection. This action would ensure that only the specific database in the military justice section is searched, as desired.

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65. Once you have the holdings of the court in your case brief, what should you next tell the reader?

Explanation

After obtaining the holdings of the court in your case brief, the next step is to inform the reader about the reasoning given by the court for that action. This is important because it provides an explanation of the legal rationale behind the court's decision, allowing the reader to understand the thought process and arguments considered by the court in reaching its conclusion. By presenting the court's reasoning, the reader can gain insight into the legal principles applied and the factors that influenced the court's decision-making process.

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66. When writing a proof analysis, with what do you compare the elements in the Manual for Courts-Martial (MCM)?

Explanation

The correct answer is Department of the Army (DA) Pamphlet 27-9, Military Judge's Benchbook. This is because the Manual for Courts-Martial (MCM) is a publication that provides the official guidance for the administration of military justice within the United States Armed Forces. The MCM is updated annually and is used by military judges, legal practitioners, and commanders to ensure the fair and consistent application of military law. The Department of the Army (DA) Pamphlet 27-9 specifically contains the full text of the MCM and serves as a comprehensive reference for legal professionals in the Army.

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67. If a witness has changed duty stations and is not available to testify at trial, what document should be accomplished?

Explanation

If a witness has changed duty stations and is not available to testify at trial, a deposition should be accomplished. A deposition is a formal statement given under oath outside of the courtroom setting. It allows both parties in a legal case to gather information and preserve testimony for use during trial. In this situation, a deposition would be necessary to obtain the witness's testimony since they are unable to appear in court.

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68. Prior to conducting an interview, what information should be clearly expressed to a witness?

Explanation

Before conducting an interview, it is important to clearly express to a witness your role as a representative of the Air Force. This is necessary to establish trust and transparency between the interviewer and the witness. It also helps the witness understand the context and purpose of the interview, ensuring that they provide accurate and relevant information. By clearly communicating your role, you can create a conducive environment for the interview and ensure that the witness feels comfortable and informed throughout the process.

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69. What is the second paragraph in a resignation in lieu of court-martial (RILO) legal review?

Explanation

The second paragraph in a resignation in lieu of court-martial (RILO) legal review is the synopsis of the case. This paragraph provides a brief summary or overview of the key details and facts of the case. It helps the reader to understand the background and context of the resignation and court-martial proceedings.

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70. When preparing a legal review for a report of survey (ROS), what should be listed immediately before the recommendation?

Explanation

In a legal review for a report of survey (ROS), the discussion should be listed immediately before the recommendation. This is because the discussion section provides a detailed analysis and evaluation of the facts and options presented in the report. It allows for a thorough examination of the evidence and arguments before reaching a conclusion or recommendation. By listing the discussion before the recommendation, it ensures that all relevant information and considerations have been thoroughly examined and taken into account before making a decision or providing guidance.

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71. Which of the following is the last point in a case brief?

Explanation

The last point in a case brief is typically the "Discussion" section. This section provides a detailed analysis of the legal issues involved in the case, including the arguments made by both parties and the court's evaluation of those arguments. It explains the court's reasoning and analysis of the relevant laws and precedents. The "Discussion" section is crucial in understanding the court's decision and the legal principles applied in the case.

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Which of the following is the last point in a case brief?
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