5J051 Paralegal 0906 Edit Code 05

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5J051 Paralegal 0906 Edit Code 05 - Quiz

End of course exam


Questions and Answers
  • 1. 

    Congress established the Office of The Judge Advocate General on

    • A.

      7 December 1941

    • B.

      18 September 1947

    • C.

      25 June 1948

    • D.

      8 September 1948

    Correct Answer
    C. 25 June 1948
    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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  • 2. 

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

    • A.

      General James C. Cheney was appointed the first TJAG

    • B.

      General Reginald C. Harmon was appointed as the second TJAG

    • C.

      General James C. Cheney established TJAG's Department, 25 January 1949

    • D.

      The Air Force Chief of Staff established TJAG's Department, 25 January 1949

    Correct Answer
    D. The Air Force Chief of Staff established TJAG's Department, 25 January 1949
  • 3. 

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

    • A.

      CMSgt Billy G. Miller

    • B.

      CMSgt Jerry L. Becker

    • C.

      CMSgt Steve Swigonski

    • D.

      CMSgt Thomas R. Castleman

    Correct Answer
    C. CMSgt Steve Swigonski
    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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  • 4. 

    The Area Defense program went into effect worldwide on

    • A.

      1 January 1972

    • B.

      1 March 1973

    • C.

      1 July 1974

    • D.

      1 October 1975

    Correct Answer
    C. 1 July 1974
    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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  • 5. 

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

    • A.

      Legal Information Services

    • B.

      Chief, Preventive Law Division

    • C.

      The Air Force Legal Operations Agency

    • D.

      The Claims and Tort Litigation Division

    Correct Answer
    C. The Air Force Legal Operations Agency
    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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  • 6. 

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

    • A.

      Must be a lawyer

    • B.

      Must have at least 8 years experience in legal duties as a commissioned officer

    • C.

      Must be a member of a bar of a federal court or the highest court of a State or Territory

    • D.

      Must be appointed by the Air Force Chief of Staff with the advice and consent of the Joint Staff

    Correct Answer
    D. Must be appointed by the Air Force Chief of Staff with the advice and consent of the Joint Staff
    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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  • 7. 

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

    • A.

      AFI 36-2803

    • B.

      AFI 36-2808

    • C.

      AFI 36-2809

    • D.

      AFI 36-2855

    Correct Answer
    D. AFI 36-2855
  • 8. 

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

    • A.

      Albert M. Kuhfeld Award

    • B.

      David Westbrook Award

    • C.

      Steve Swigonski Award

    • D.

      Harold R. Vague Award

    Correct Answer
    B. David Westbrook Award
    Explanation
    The David Westbrook Award is presented annually to the Outstanding Reserve Paralegal of the Year.

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  • 9. 

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

    • A.

      AF Form 1206

    • B.

      AF Form 1000

    • C.

      Plain bond paper

    • D.

      Appropriate MAJCOM form

    Correct Answer
    A. AF Form 1206
    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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  • 10. 

    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

    • A.

      1 February

    • B.

      15 February

    • C.

      1 March

    • D.

      15 March

    Correct Answer
    C. 1 March
    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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  • 11. 

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

    • A.

      For accuracy

    • B.

      The quality of service

    • C.

      The quality of work

    • D.

      To see if they are achieved on schedule

    Correct Answer
    D. To see if they are achieved on schedule
    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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  • 12. 

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

    • A.

      The morale and production of your workers

    • B.

      The amount of corrections your subordinates' work requires

    • C.

      Your subordinates attitude towards your decisions on priorities

    • D.

      The volume and quality of production achieved within the established time limits

    Correct Answer
    D. The volume and quality of production achieved within the established time limits
    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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  • 13. 

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

    • A.

      Introduce them to the SJA

    • B.

      Show them around the office

    • C.

      Introduce them to their new supervisor

    • D.

      Discuss the work section and your policies with them

    Correct Answer
    D. Discuss the work section and your policies with them
    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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  • 14. 

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

    • A.

      Your supervisor uses the information when writing evaluations

    • B.

      TJAG and MAJCOM offices use it to prepare for Staff Assistance Visits

    • C.

      Air Force Legal Operations Agency uses it to order books for the law library

    • D.

      Numbered Air Force and MAJCOM offices use it to prepare for Staff Assistance Visits

    Correct Answer
    D. Numbered Air Force and MAJCOM offices use it to prepare for Staff Assistance Visits
    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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  • 15. 

    You certify your information in Roster to

    • A.

      Verify the information your supervisor entered is correct

    • B.

      Make it possible for others to view your information

    • C.

      Make it possible for you to view your information

    • D.

      Verify the information you entered is correct

    Correct Answer
    D. Verify the information you entered is correct
    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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  • 16. 

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

    • A.

      1 September 2010

    • B.

      1 September 2011

    • C.

      1 September 2012

    • D.

      1 September 2013

    Correct Answer
    C. 1 September 2012
    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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  • 17. 

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

    • A.

      Title 10, U.S.C.

    • B.

      Title 19, U.S.C.

    • C.

      Title 32, U.S.C.

    • D.

      Title 37, U.S.C.

    Correct Answer
    A. Title 10, U.S.C.
    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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  • 18. 

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

    • A.

      Key to a successful course information

    • B.

      Career Field Education and Training Plan (CFETP)

    • C.

      Questions at the end of each chapter of the CDC

    • D.

      Job qualification standard (JQS) for their AFS

    Correct Answer
    A. Key to a successful course information
    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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  • 19. 

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

    • A.

      Group study

    • B.

      Refresher training

    • C.

      Qualification training

    • D.

      Individualized specialty training

    Correct Answer
    A. Group study
    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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  • 20. 

    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?

    • A.

      Section A, Part I

    • B.

      Section B, Part I

    • C.

      Section A, Part II

    • D.

      Section B, Part II

    Correct Answer
    D. Section B, Part II
    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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  • 21. 

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

    • A.

      Job Qualification Standard (JQS)

    • B.

      Specialty Training Standard (STS)

    • C.

      Career development Course (CDC)

    • D.

      AF Form 623, On-the-Job Training Record

    Correct Answer
    B. Specialty Training Standard (STS)
    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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  • 22. 

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

    • A.

      Master training plan

    • B.

      Job qualification standard (JQS)

    • C.

      Specialty training standard (STS)

    • D.

      Career Field Education and Training Plan (CFETP)

    Correct Answer
    A. Master training plan
    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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  • 23. 

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

    • A.

      Decertify the trainer on the task

    • B.

      Decertify on the task and start over

    • C.

      Counsel and inform them of their progress

    • D.

      Counsel the trainer and inform him or her of the problem

    Correct Answer
    C. Counsel and inform them of their progress
    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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  • 24. 

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

    • A.

      Upgrade training

    • B.

      Qualification training

    • C.

      Job knowledge training

    • D.

      Career knowledge training

    Correct Answer
    C. Job knowledge training
    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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  • 25. 

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

    • A.

      Upgrade training

    • B.

      Qualification training

    • C.

      Job knowledge training

    • D.

      Career knowledge training

    Correct Answer
    B. Qualification training
    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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  • 26. 

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

    • A.

      Network Resource Allocation Management System (NetRAMS) automated assistance

    • B.

      AFLOA home page

    • C.

      TJAG home page

    • D.

      Roster home page

    Correct Answer
    A. Network Resource Allocation Management System (NetRAMS) automated assistance
    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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  • 27. 

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

    • A.

      An AF Form 614

    • B.

      An AF Form 1025

    • C.

      An AF Form 1175

    • D.

      A certificate of transfer

    Correct Answer
    D. A certificate of transfer
    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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  • 28. 

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

    • A.

      Notify AFLOA/JAS within 10 days of discovery

    • B.

      Notify AFLOA/JAS within 14 days of discovery

    • C.

      Start an investigation within 10 days of discovery

    • D.

      Start an investigation within 14 days of discovery

    Correct Answer
    C. Start an investigation within 10 days of discovery
    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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  • 29. 

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

    • A.

      Installation law office manager notifies AFLOA/JAS 12 months in advance

    • B.

      Numbered Air Force legal office notifies AFLOA/JAS 12 months in advance

    • C.

      Major command (MAJCOM) legal office notifies AFLOA/JAS 12 months in advance

    • D.

      Installation Law Library Accountable Officer (LLAO) notifies AFLOA/JAS 12 months in advance

    Correct Answer
    C. Major command (MAJCOM) legal office notifies AFLOA/JAS 12 months in advance
    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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  • 30. 

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

    • A.

      Close out the inspection listing all discrepancies corrected

    • B.

      Suspense the discrepancy not corrected until it is corrected

    • C.

      Close out the inspection listing all discrepancies not corrected

    • D.

      Forward only the discrepancies that were corrected to major command (MAJCOM)

    Correct Answer
    B. Suspense the discrepancy not corrected until it is corrected
    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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  • 31. 

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

    • A.

      Finding tools

    • B.

      A case method

    • C.

      A primary source

    • D.

      A secondary source

    Correct Answer
    C. A primary source
    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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  • 32. 

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

    • A.

      The United States Code

    • B.

      Black's Law Dictionary

    • C.

      The Supreme Court Reporter

    • D.

      The Code of Federal Regulations

    Correct Answer
    B. Black's Law Dictionary
    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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  • 33. 

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

    • A.

      Find the case in the index

    • B.

      Find the case in the topic section

    • C.

      Make sure the case is still good law

    • D.

      Find the case in the table of contents

    Correct Answer
    C. Make sure the case is still good law
    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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  • 34. 

    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?

    • A.

      Court Martial Reporter

    • B.

      Manual for Courts-Martial

    • C.

      United States Code, Annotated

    • D.

      Table of Cases Reported: Alphabetical Listing

    Correct Answer
    D. Table of Cases Reported: Alphabetical Listing
    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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  • 35. 

    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?

    • A.

      Code of Federal Regulations

    • B.

      Words and Phrases publication

    • C.

      Uniform Code of Military Justice

    • D.

      American Jurisprudence 2d publication

    Correct Answer
    B. Words and Phrases publication
    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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  • 36. 

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

    • A.

      Go to the Area Research Library

    • B.

      Access the Federal Cases research section

    • C.

      Access the Military Justice research section

    • D.

      Access Federal Legal Information through Electronics (FLITE)

    Correct Answer
    D. Access Federal Legal Information through Electronics (FLITE)
    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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  • 37. 

    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?

    • A.

      Place a check mark next to the database you want to search

    • B.

      Click on the database you want to search

    • C.

      Click the "uncheck all" button

    • D.

      Type in your search terms

    Correct Answer
    C. Click the "uncheck all" button
    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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  • 38. 

    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?

    • A.

      Type "state" and press the search button

    • B.

      Type "Statute" and press the search button

    • C.

      Type "federal" and press the search button

    • D.

      Type "legislation" and press the search button

    Correct Answer
    A. Type "state" and press the search button
    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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  • 39. 

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

    • A.

      A general discharge characterization is possible

    • B.

      An under other than honorable discharge characterization is possible

    • C.

      A nonjudicial punishment action is included in the discharge package

    • D.

      All involuntary discharge actions except entry level discharges must have a legal review

    Correct Answer
    D. All involuntary discharge actions except entry level discharges must have a legal review
    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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  • 40. 

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

    • A.

      Probation and rehabilitation

    • B.

      Convening authority's options

    • C.

      Legal and procedural sufficiency

    • D.

      Judge Advocate's recommendation

    Correct Answer
    D. Judge Advocate's recommendation
    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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  • 41. 

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

    • A.

      Synopsis of the case

    • B.

      Discussion of the case

    • C.

      Law and its application

    • D.

      Issues raised by defense

    Correct Answer
    A. Synopsis of the case
    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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  • 42. 

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

    • A.

      Report of Survey (ROS)

    • B.

      Initiate separation action

    • C.

      Line of Duty (LOD) determination

    • D.

      Coordination of benefits assessment

    Correct Answer
    C. Line of Duty (LOD) determination
    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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  • 43. 

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

    • A.

      Introduction

    • B.

      Options

    • C.

      Reconsideration

    • D.

      Recommendation

    Correct Answer
    A. Introduction
    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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  • 44. 

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

    • A.

      Facts

    • B.

      Options

    • C.

      Discussion

    • D.

      Introduction

    Correct Answer
    C. Discussion
    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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  • 45. 

    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?

    • A.

      Notify the services squadron

    • B.

      Identify which requirements need to be met

    • C.

      Return the by-laws to the private organization

    • D.

      Notify the commander of the squadron to which the organization belongs

    Correct Answer
    B. Identify which requirements need to be met
    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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  • 46. 

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

    • A.

      Date the constitution and by-laws were received

    • B.

      Name of the organization requesting the review

    • C.

      Additional requirements that need to be met

    • D.

      Your contact information

    Correct Answer
    D. Your contact information
    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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  • 47. 

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

    • A.

      Draft a listing of the resources requested

    • B.

      Write your opinion after researching the facts

    • C.

      Review DOD 5500.7-R, Joint Ethics Regulation

    • D.

      List any policies or instructions that authorize use of government resources

    Correct Answer
    C. Review DOD 5500.7-R, Joint Ethics Regulation
    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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  • 48. 

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

    • A.

      Your opinion after researching the facts

    • B.

      Possible ethics violations if resources were authorized for use

    • C.

      Policies or instructions that authorize use of government resources

    • D.

      A summary of the questions and a restatement of the regulations that support your opinion

    Correct Answer
    D. A summary of the questions and a restatement of the regulations that support your opinion
    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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  • 49. 

    What is the first step in writing a case brief?

    • A.

      Find a case on point

    • B.

      Shepardizing the case

    • C.

      Read the case two or three times

    • D.

      Gather the necessary research materials

    Correct Answer
    C. Read the case two or three times
    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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  • 50. 

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

    • A.

      Dissenting opinion

    • B.

      Concurring opinion

    • C.

      Issues addressed by the court

    • D.

      The reasoning given by the court for that action

    Correct Answer
    D. The reasoning given by the court for that action
    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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