CDC 5J051 : Trivia Quiz On Paralegal Journeyman!

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  • 1/85 Questions

    Under AFI 36-3208, Administrative Separation of Airmen, before an Airman can request discharg in lieu of court-martial,

    • The airman must be placed in pretrial confinement
    • The airman's date of separation is within 90 days of the scheduled court-martial
    • Charges must be referred against the airman and a punitive discharge authorized
    • Charges must be PREFERRED against the airman and a punitive discharge authorized
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About This Quiz

This CDC 5J051 trivia quiz explores key legal procedures within the Air Force, focusing on administrative separations, discharge protocols, and legal office reviews. It assesses understanding of AFI 36-3208 standards, enhancing both legal comprehension and procedural knowledge for airmen.

CDC 5J051 : Trivia Quiz On Paralegal Journeyman! - Quiz

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  • 2. 

    Before the commander sends a voluntary discharge request to the convening authority, it must be reviewed by the

    • Legal office

    • Medical group

    • Area defense counsel

    • Military personnel flight

    Correct Answer
    A. Legal office
    Explanation
    Before the commander sends a voluntary discharge request to the convening authority, it must be reviewed by the legal office. This is because the legal office is responsible for ensuring that all legal requirements and procedures are followed in the discharge process. They review the request to ensure that it is in compliance with applicable laws and regulations, and provide legal advice and guidance to the commander. This review is important to ensure that the discharge request is valid and legally sound.

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  • 3. 

    After how many days of continuous active duty is a commander NOT allowed to reommend an entry level involuntary discharge?

    • 80 days

    • 90 days

    • 180 days

    • 190 days

    Correct Answer
    A. 180 days
    Explanation
    A commander is not allowed to recommend an entry level involuntary discharge after 180 days of continuous active duty. This means that if a service member has been on active duty for 180 days or more, the commander cannot initiate the process for involuntary discharge. This policy is likely in place to ensure that service members are given a sufficient amount of time to adjust to military life and demonstrate their ability to meet the requirements and expectations of their position before any potential discharge is considered.

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  • 4. 

    After an airman acknowledges receipt of a notification for discharge, what is his next action?

    • Go to the military personnel flight for discharge processing

    • Report to the medical group for a medical examination

    • Make an appointment with the area defense counsel

    • Submit a statement in rebuttal of the discharge

    Correct Answer
    A. Report to the medical group for a medical examination
    Explanation
    After an airman acknowledges receipt of a notification for discharge, his next action is to report to the medical group for a medical examination. This is important to ensure that the airman is in good health and fit for discharge. The medical examination will assess any potential medical conditions or issues that may need to be addressed before the airman's discharge. It is a standard procedure to ensure the airman's well-being and to provide appropriate medical care if needed.

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  • 5. 

    What must occur before a commander extends the probation and rehabilitation period?

    • The SpCMCA must agree to the extension

    • The airman must agree to the extension

    • At least 7 months must have passed

    • At least 9 months must have passed

    Correct Answer
    A. The airman must agree to the extension
    Explanation
    Before a commander extends the probation and rehabilitation period, the airman must agree to the extension. This means that the airman has to give their consent for the extension to take place. Without the airman's agreement, the probation and rehabilitation period cannot be extended.

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  • 6. 

    In an administrative discharge board hearing, to whom does the legal advisor administer the last oath?

    • Reporter

    • Recorder

    • Legal Advisor

    • Voting members

    Correct Answer
    A. Recorder
    Explanation
    In an administrative discharge board hearing, the legal advisor does not administer the last oath. Instead, it is the responsibility of the recorder to administer the last oath. The recorder is typically responsible for keeping a record of the proceedings and ensuring that all necessary oaths are administered correctly.

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  • 7. 

    Once the opening statements have been made, who presents evidence in an administrative discharge board hearing?

    • Respondent's counsel

    • Legal advisor

    • Recorder

    • Reporter

    Correct Answer
    A. Recorder
    Explanation
    In an administrative discharge board hearing, the recorder is responsible for presenting evidence. The recorder is typically a neutral party who assists in maintaining a record of the proceedings. They ensure that all evidence is properly documented and presented to the board for consideration. The recorder's role is crucial in ensuring a fair and accurate hearing process.

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  • 8. 

    After the board is adjourned during a discharge board proceeding, who normally authenticates the record of proceedings?

    • Legal Advisor

    • Respondent

    • Reporter

    • Judge

    Correct Answer
    A. Legal Advisor
    Explanation
    After the board is adjourned during a discharge board proceeding, the record of proceedings needs to be authenticated. This is typically done by the Legal Advisor. They are responsible for ensuring the accuracy and legality of the proceedings, including the documentation of the record. The Legal Advisor plays a crucial role in maintaining the integrity of the discharge board process.

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  • 9. 

    If acting as an assistant to the recorder  in an administrative discharge board proceeding, you will

    • Need to have a copy of the script

    • Need to be organized and ready to proceed

    • Need to have a copy of the convening order

    • Be under direct supervision of an attorney at all times

    Correct Answer
    A. Be under direct supervision of an attorney at all times
    Explanation
    When acting as an assistant to the recorder in an administrative discharge board proceeding, it is important to be under direct supervision of an attorney at all times. This is because the attorney will provide guidance and ensure that the proceedings are conducted in accordance with legal requirements. The attorney will also be responsible for overseeing the assistant's work and making any necessary corrections or adjustments. Therefore, being under direct supervision of an attorney is crucial to maintain the integrity and legality of the proceedings.

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  • 10. 

    In an administrative discharge board proceeding, what are your standards of proof in you are acting as the recorder?

    • Beyond a reasonable doubt

    • Preponderance of the evidence

    • Clear and convincing evidence

    • No standard of proof for discharge boards

    Correct Answer
    A. Preponderance of the evidence
    Explanation
    In an administrative discharge board proceeding, the standard of proof when acting as the recorder is "preponderance of the evidence." This means that the evidence presented must show that it is more likely than not that the allegations or charges against the individual are true. The burden of proof is not as high as "beyond a reasonable doubt," which is the standard used in criminal cases, but it still requires a greater weight of evidence in favor of the allegations. "Clear and convincing evidence" is a higher standard than preponderance of the evidence and is typically used in civil cases involving serious consequences.

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  • 11. 

    For an officer discharge, after the board of inquiry is completed, to what level of command do you send the completed report along with the findings and recommendations?

    • MAJCOM

    • NAF

    • Wing

    • Squadron

    Correct Answer
    A. MAJCOM
    Explanation
    After the board of inquiry is completed, the completed report along with the findings and recommendations is sent to the MAJCOM (Major Command) level of command. This is because the MAJCOM is responsible for overseeing multiple wings and squadrons, and they have the authority to make decisions regarding officer discharge based on the findings and recommendations provided in the report. The MAJCOM level of command ensures that the decision-making process is fair and consistent across all units under its jurisdiction.

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  • 12. 

    A commander may continue demotion action baesd on incidents that occurred before an Airman's enlistment?

    • By special approval of the SECAF

    • By special approval of the MAJCOM commander

    • If the AIrman was promoted based o achievements prior to the reenlistment

    • If the circumstances and facts of the incidents were not known by the commander until after reenlistment

    Correct Answer
    A. If the circumstances and facts of the incidents were not known by the commander until after reenlistment
    Explanation
    The correct answer is if the circumstances and facts of the incidents were not known by the commander until after reenlistment. This means that if the commander was not aware of the incidents that occurred before the Airman's enlistment until after the reenlistment, they can still take demotion action based on those incidents. It implies that the commander can consider previous incidents as long as they were not aware of them at the time of reenlistment.

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  • 13. 

    When an Airman loses authorization for shipment of household goods as a consequence of an administrative demotion action, the demotion action 

    • Is delayed and completed by the gaining commander

    • Is terminated and reinitiated by the gaining commander

    • Goes into effect and household goods are moved at the airman's own expense

    • Goes into effect and a waiver of household goods shipment is issued by the Traffic Management Office

    Correct Answer
    A. Is delayed and completed by the gaining commander
  • 14. 

    If a commander wants to demote a senior or chief master sergeant, then it must be approved by the

    • Wing commander

    • NAF commander

    • MAJCOM commander

    • Secretary of the Air Force

    Correct Answer
    A. MAJCOM commander
    Explanation
    In the Air Force, the rank of senior or chief master sergeant is quite high, and demoting someone from this rank requires approval from a higher authority. The MAJCOM commander, who is in charge of a major command within the Air Force, holds the authority to approve such demotions. This is because the MAJCOM commander has the necessary knowledge and understanding of the situation, as well as the power to make decisions regarding personnel matters within their command. Therefore, the MAJCOM commander is the correct authority to approve the demotion of a senior or chief master sergeant.

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  • 15. 

    Before a board of officers for an officer case can be convened, the legal advisor, recorder and board members must be appointed by the

    • Secretary of the Air Force

    • MAJCOM commander

    • NAF commander

    • Wing commander

    Correct Answer
    A. MAJCOM commander
    Explanation
    In order for a board of officers for an officer case to be convened, the legal advisor, recorder, and board members need to be appointed. The correct answer is the MAJCOM commander. This is because the MAJCOM commander has the authority to appoint these individuals for the board. The Secretary of the Air Force, NAF commander, and wing commander do not have the specific authority to make these appointments. Therefore, the MAJCOM commander is the correct choice for this question.

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  • 16. 

    After the board of officers has determined its findings, made its recommendation, and authenticated the record, it is sent to the

    • GCMCA for disposition

    • MAJCOM commander for disposition

    • Air Force Personnel Center to update records

    • SJA for legal review

    Correct Answer
    A. SJA for legal review
    Explanation
    After the board of officers has completed their investigation and made their recommendation, the next step is to send the record to the SJA (Staff Judge Advocate) for legal review. The SJA will review the findings and ensure that they are legally sound and in compliance with applicable laws and regulations. This step is crucial to ensure that the entire process is fair and legally valid.

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  • 17. 

    If a commander places an Airman on a control roster on 1 Sep 08, when is the latest he may remove the individual from the control roster?

    • 31 Jan 09

    • 28 Feb 09

    • 30 June 09

    • 31 Aug 09

    Correct Answer
    A. 28 Feb 09
    Explanation
    The commander can remove the individual from the control roster on or before 28 Feb 09. This is because the question states that the individual was placed on the control roster on 1 Sep 08, and the latest date for removal would be 6 months later, which is 28 Feb 09.

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  • 18. 

    Prior to filing an optional document in an Airman's UIF, the decision authority must first notify the member of the intent to do so by using

    • DD Form 1058, UIF

    • AF Form 1058, UIF

    • DD Form 2907, UIF

    • AF Form 2907, UIF

    Correct Answer
    A. AF Form 1058, UIF
  • 19. 

    If a commander assumes command of his squadron on 5 Sep 08, by what date mst he review the UIF on his assigned personnel?

    • 4 Jan 09

    • 31 Jan 09

    • 4 Dec 08

    • 31 Dec 08

    Correct Answer
    A. 4 Dec 08
    Explanation
    The commander must review the UIF on his assigned personnel by 4 Dec 08 because it is the only date listed that is before 31 Dec 08, which is the end of the year. Since the commander assumes command on 5 Sep 08, it is logical that he would need to review the UIF within a few months of assuming command. Therefore, the correct answer is 4 Dec 08.

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  • 20. 

    What UCMJ article has been violated if a member fails to report for a scheduleed fitness appointment?

    • 80

    • 90

    • 107

    • 134

    Correct Answer
    A. 90
    Explanation
    Article 90 of the Uniform Code of Military Justice (UCMJ) states that any member of the armed forces who willfully disobeys a lawful order from a superior officer shall be punished. Failing to report for a scheduled fitness appointment can be considered as a violation of this article as it involves disobeying an order from a superior officer.

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  • 21. 

    Assessments of the drug testing progam must be performed at least?

    • Quarterly

    • Bi-annually

    • Anually

    • Every 2 years

    Correct Answer
    A. Quarterly
    Explanation
    Assessments of the drug testing program must be performed quarterly in order to ensure regular monitoring and evaluation of the program's effectiveness. This frequency allows for more frequent identification of potential issues or areas of improvement, ensuring that any necessary adjustments can be made in a timely manner. Quarterly assessments also help to maintain accountability and compliance with regulatory requirements, as well as provide a more accurate and up-to-date picture of the program's impact on drug use within the organization.

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  • 22. 

    While TJAG is rsponsible for the legal assistance program Air Force-wide, who is responsible for monitoring the program?

    • AIr Force Legal Operations Agency (AFLOA/AFJAGS)

    • MAJCOM/SJA

    • NAF/SJA

    • Base SJA

    Correct Answer
    A. AIr Force Legal Operations Agency (AFLOA/AFJAGS)
    Explanation
    The correct answer is Air Force Legal Operations Agency (AFLOA/AFJAGS). This agency is responsible for monitoring the legal assistance program Air Force-wide. They oversee and ensure the program's effectiveness and compliance with regulations. The other options, MAJCOM/SJA, NAF/SJA, and Base SJA, may have some involvement in the program but do not have the primary responsibility for monitoring it.

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  • 23. 

    To ensure mission readiness, who may add requirements for mobilization-and deployment- related legal assistance?

    • Base SJA

    • TJAG

    • NAF/SJA

    • MAJCOM/SJA

    Correct Answer
    A. NAF/SJA
    Explanation
    The NAF/SJA (Numbered Air Force/Staff Judge Advocate) may add requirements for mobilization and deployment-related legal assistance to ensure mission readiness. This indicates that it is the responsibility of the NAF/SJA to assess the legal needs and provide necessary support during mobilization and deployment operations. The other options, such as Base SJA, TJAG, and MAJCOM/SJA, do not specifically mention the authority to add requirements for mobilization and deployment-related legal assistance.

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  • 24. 

    When checking for eligibility for legal assistance services, what is the first step?

    • Ask the subject matter to see if services can be rendered

    • Ask the client's if they have retained a civilian attorney

    • Enter their personal information into WebLIONS

    • Check the client's military ID card

    Correct Answer
    A. Check the client's military ID card
    Explanation
    The first step when checking for eligibility for legal assistance services is to check the client's military ID card. This is because the client's military ID card serves as proof of their military affiliation and eligibility for legal assistance services. By checking the military ID card, it can be determined whether the client is eligible to receive the services or not.

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  • 25. 

    A client has come to the legal office requesting legal assistance. In determining eligibility of legal assistance, you find the client ha hired a civilian attorney for the same matter. What is your immediate response?

    • Defer to the SJA for a decision on the matter

    • Refer the client to their civilian attorney

    • Refer them to another agency on base

    • Sign them in for legal assistance

    Correct Answer
    A. Refer the client to their civilian attorney
    Explanation
    The immediate response in this situation would be to refer the client to their civilian attorney. Since they have already hired a civilian attorney for the same matter, it is best to let the attorney handle the case. Referring the client to their attorney ensures that they receive the appropriate legal assistance and avoids any potential conflicts or duplication of efforts.

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  • 26. 

    When using WebLIONS, you get to the screen to enter client data by selecting

    • "submit" from the client data screen

    • "legal assistance" from the drop-down box in the "actions" bar

    • "docs and notary" from the drop-down box in the "actions" bar

    • "enter client info" from the drop-down box in the "actions" bar

    Correct Answer
    A. "enter client info" from the drop-down box in the "actions" bar
    Explanation
    The correct answer is "enter client info" from the drop-down box in the "actions" bar because selecting this option allows the user to access the screen where they can enter client data.

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  • 27. 

    When producing a power of attorney in WebLIONS for a client that is on the waiting list, the first step from the "actions" drop down menu is to select

    • "all open visits"

    • "your open visits"

    • "client waiting list"

    • "POA office setup"

    Correct Answer
    A. "client waiting list"
    Explanation
    When producing a power of attorney in WebLIONS for a client that is on the waiting list, the first step from the "actions" drop down menu is to select "client waiting list". This option is chosen because it allows the user to access and manage the clients who are currently on the waiting list for power of attorney. By selecting this option, the user can proceed with the necessary steps to generate the power of attorney for the client in question.

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  • 28. 

    A notary should be performed when the client

    • Makes changes to their will

    • Requires a copy of their birth certificate

    • Has a completed document signed in your presence

    • Has a complete document not signed in your presence

    Correct Answer
    A. Has a completed document signed in your presence
    Explanation
    A notary should be performed when the client has a completed document signed in your presence because a notary public is responsible for verifying the identity of the signer and ensuring that the document is signed willingly and knowingly. By witnessing the signing of the completed document, the notary can confirm its authenticity and legality, providing an added level of assurance for all parties involved.

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  • 29. 

    Who supervises and manages the tax assistance program at base level?

    • Wing commander

    • SJA

    • Squadron commander

    • Chief of legal assistance

    Correct Answer
    A. SJA
    Explanation
    The correct answer is SJA. SJA stands for Staff Judge Advocate, who is responsible for supervising and managing the tax assistance program at the base level. They provide legal advice and assistance to military personnel, including tax-related matters. The SJA ensures that the tax assistance program is properly administered and meets the needs of the base community.

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  • 30. 

    Under which area of the preventative law program would the full range of legal services probided by the legal office be stressed?

    • Legal assistance and consumer protection

    • Deployment readiness preparation

    • Commander awareness

    • Tax assistance

    Correct Answer
    A. Commander awareness
    Explanation
    Commander awareness is the correct answer because it implies that the legal office would emphasize providing a comprehensive range of legal services to commanders. This would involve ensuring that commanders are aware of their legal rights and responsibilities, as well as providing guidance and advice on legal issues that may arise within their units. It suggests that the legal office would prioritize educating and informing commanders about legal matters, in order to enhance their understanding and decision-making abilities.

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  • 31. 

    Under which area of the preventative law program would the importance of preparing a will be stressed?

    • Legal assistance and consumer protection

    • Deployment readiness preparation

    • Commander awareness

    • Tax assistance

    Correct Answer
    A. Deployment readiness preparation
    Explanation
    In the context of a preventative law program, the importance of preparing a will would be stressed under the "deployment readiness preparation" area. This is because when individuals are preparing for deployment, it is crucial for them to have their legal affairs in order, including creating a will to ensure their assets and wishes are protected in the event of their absence or death during deployment.

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  • 32. 

    If you are making a determination of facts made by checkin records, reviewing directives, examining material evidence and interviewing witnesses, then you are performing an

    • Interrogation

    • Investigation

    • Inspection

    • Inquiry

    Correct Answer
    A. Inquiry
    Explanation
    An inquiry involves the process of gathering information and investigating a situation by reviewing directives, examining material evidence, and interviewing witnesses. It is a systematic and thorough examination of facts and evidence to uncover the truth or find answers to specific questions. Unlike an interrogation which involves questioning suspects, an inquiry focuses on gathering information from various sources to understand a situation better. Therefore, an inquiry is the most appropriate term to describe the process of making determinations based on check-in records, reviewing directives, examining material evidence, and interviewing witnesses.

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  • 33. 

    If you are making a determination of the facts surrounding a particular event, occurance, circumstance, or action, then you are performing an

    • Interrogation

    • Investigation

    • Inspection

    • Inquiry

    Correct Answer
    A. Investigation
    Explanation
    When you are making a determination of the facts surrounding a particular event, occurrence, circumstance, or action, you are conducting an investigation. This involves gathering information, collecting evidence, and analyzing it to understand what happened and why. An investigation is typically conducted to uncover the truth, find answers to specific questions, and make informed decisions based on the findings.

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  • 34. 

    Which of the following classes is a conscientious objector who sincerely objects to participation as a combatant in war, but whose convictions or beliefs will permit him/her to serve in a noncombatant status?

    • 1-0

    • 1-A-0

    • 1-B-0

    • 1-C-0

    Correct Answer
    A. 1-A-0
    Explanation
    A conscientious objector is someone who objects to participating as a combatant in war due to their deeply held beliefs or convictions. However, they may still be willing to serve in a noncombatant role. The answer 1-A-0 indicates that this class of individuals is a conscientious objector who is willing to serve in a noncombatant status.

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  • 35. 

    If a member fails to appear at the hearing for his/her conscientious objector status without good reaon, then the member

    • Has waived his/her rights to be present at the hearing

    • Has the option of appearing in a private hearing

    • Can request another hearing at a later date

    • Can submit a waiver at a later date

    Correct Answer
    A. Has waived his/her rights to be present at the hearing
    Explanation
    If a member fails to appear at the hearing for his/her conscientious objector status without good reason, it means that the member has voluntarily given up or renounced their rights to be present at the hearing. This implies that they will not have the opportunity to participate in the hearing and present their case.

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  • 36. 

    If the applicant does not sumit a rebuttal for denial of any classification as a conscientious objector within 15 calendar days from the receipt of te record, then the member

    • Can submit a rebuttal up to 30 calendar days late

    • Can request an extension

    • Loses the right to rebuttal

    • Can request a rehearing

    Correct Answer
    A. Loses the right to rebuttal
    Explanation
    If the applicant does not submit a rebuttal for denial of any classification as a conscientious objector within 15 calendar days from the receipt of the record, then the member loses the right to rebuttal. This means that if the applicant fails to provide a response within the specified time frame, they will no longer have the opportunity to contest the denial and present their arguments or evidence. The window for submitting a rebuttal is limited to 15 calendar days, and if this deadline is missed, the right to rebuttal is forfeited.

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  • 37. 

    Which compain is calid under Article 138, UCMJ?

    • Promotion withheld for no reason

    • 60 days restriction as a result of nonjudicial punishment

    • A SpCM sentence with an adjudged bad conduct discharge

    • A GCM sentence with an adjudged dishonorable discharge

    Correct Answer
    A. Promotion withheld for no reason
    Explanation
    The correct answer is "Promotion withheld for no reason." According to Article 138 of the Uniform Code of Military Justice (UCMJ), service members have the right to seek redress for wrongs committed against them. This includes situations where a promotion is withheld without a valid reason. The article allows service members to file complaints against their superiors for such actions, seeking appropriate resolution and redress.

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  • 38. 

    If the commander to whom the application for redress for an Article 138, UCMJ, comlaint is properly submitted refued the redress, then the next option for the member is to submit the complaint

    • Directly to the officer exercising GCM jurisdiction

    • Directly to the inspector general

    • To equal employment office

    • To their congressman

    Correct Answer
    A. Directly to the officer exercising GCM jurisdiction
    Explanation
    If the commander refuses to provide redress for an Article 138, UCMJ complaint, the next option for the member is to submit the complaint directly to the officer exercising GCM jurisdiction. This is because the officer exercising General Court-Martial (GCM) jurisdiction has the authority to address and resolve the complaint at a higher level. This option allows for a more formal and thorough investigation into the complaint, ensuring that it is properly addressed and resolved.

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  • 39. 

    If you receive a written congressional inquiry, then which of the following must happen within 24 hours of receipt?

    • The inquiry must be answered

    • The inquiry must be forwarded to the proper agency

    • Fax a copy of a written inquiry to the Legislative Liaison Inquiry Division

    • Fax a copy of a written inquiry to TJAG

    Correct Answer
    A. Fax a copy of a written inquiry to the Legislative Liaison Inquiry Division
    Explanation
    When a written congressional inquiry is received, it must be faxed to the Legislative Liaison Inquiry Division within 24 hours. This implies that the inquiry must be forwarded to the proper agency, but it does not necessarily mean that it must be answered within that timeframe. Therefore, the correct answer is to fax a copy of the written inquiry to the Legislative Liaison Inquiry Division.

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  • 40. 

    If you are performing an investigation to preserve available evidence for use in clams, litigation, disciplinary actions, administrative proceedings, and all other actions, then you are performing a(n)

    • Article 32, UCMJ investigation

    • Accident investigation

    • Claims investigation

    • Safety investigation

    Correct Answer
    A. Accident investigation
    Explanation
    An accident investigation is the correct answer because it involves the process of preserving evidence for various purposes such as claims, litigation, disciplinary actions, administrative proceedings, and other actions. This type of investigation is conducted to determine the cause of an accident, analyze contributing factors, and prevent similar incidents in the future. It aims to gather evidence, interview witnesses, examine physical evidence, and reconstruct the events leading up to the accident. The collected evidence and findings can then be used in legal proceedings or to implement safety measures and prevent future accidents.

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  • 41. 

    Additional copies of an accident report are required if more than one 

    • Pilot is involved

    • Aircraft is involved

    • Legal office is involved

    • MAJCOM is involved

    Correct Answer
    A. MAJCOM is involved
    Explanation
    Additional copies of an accident report are required if the MAJCOM (Major Command) is involved. This suggests that when a major command within the military is involved in an accident, it is necessary to have multiple copies of the accident report. The involvement of a MAJCOM may require additional documentation for investigation, analysis, and reporting purposes, hence the need for extra copies of the report.

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  • 42. 

    A private citizen's Freedom of Information Act (FOIA) request may be denied if 

    • The information is for a tort claim

    • It pertains to unclassified matters

    • The request is for information regarding the requestor

    • It is for privileged information protected by the attorney-client relationship

    Correct Answer
    A. It is for privileged information protected by the attorney-client relationship
    Explanation
    A private citizen's Freedom of Information Act (FOIA) request may be denied if it is for privileged information protected by the attorney-client relationship. This means that if the requested information falls under the attorney-client privilege, which is a legal protection that keeps communications between an attorney and their client confidential, the FOIA request can be denied. This is because the attorney-client privilege is recognized as an important aspect of the legal system and allows clients to freely communicate with their attorneys without fear of disclosure.

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  • 43. 

    If you receive a request for information regarding records, forms and other written or permanent documents that pertainto an individual, you have received a 

    • Freedom of Information Act (FOIA)

    • Disclosure Authority (DA)

    • Business records (BR)

    • Privacy Act (PA) request

    Correct Answer
    A. Privacy Act (PA) request
    Explanation
    If you receive a request for information regarding records, forms, and other written or permanent documents that pertain to an individual, you have received a Privacy Act (PA) request. The Privacy Act of 1974 is a law that protects the privacy of individuals by regulating the collection, use, and disclosure of personal information by federal agencies. It allows individuals to access and request amendments to their own records held by federal agencies. Therefore, a request for such information would fall under the Privacy Act (PA) request category.

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  • 44. 

    If you receive a request for information regarding government records, you have received a 

    • Freedom of Information Act (FOIA)

    • Disclosure authority (DA)

    • Business records (BR)

    • Privacy Act (PA)

    Correct Answer
    A. Freedom of Information Act (FOIA)
    Explanation
    The correct answer is Freedom of Information Act (FOIA). The FOIA gives individuals the right to access government records and information. If someone requests information regarding government records, it means they are exercising their rights under the FOIA to obtain information from the government. The FOIA promotes transparency and accountability by allowing the public to access government records, subject to certain exemptions and limitations.

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  • 45. 

    Which of the following types of information will not be made available for use in litigation?

    • Personal

    • Privileged

    • Confidential

    • For Official Use Only

    Correct Answer
    A. Privileged
    Explanation
    Privileged information refers to communication between two parties that is protected by a legal privilege, such as attorney-client privilege or doctor-patient confidentiality. This type of information cannot be disclosed or made available for use in litigation without the consent of the party holding the privilege. Therefore, privileged information will not be made available for use in litigation.

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  • 46. 

    Which option is not an SJA option when receiving a request for information?

    • Consult Operations & International law Division (HQ USAF/JAO)

    • Forward request to appropriate authority to deny

    • Consult the US Attorney

    • Approve the request

    Correct Answer
    A. Consult the US Attorney
    Explanation
    The option "Consult the US Attorney" is not an SJA (Staff Judge Advocate) option when receiving a request for information. SJA options typically involve consulting relevant divisions or authorities within the organization, such as the Operations & International Law Division or forwarding the request to the appropriate authority to deny. Consulting the US Attorney is not mentioned as one of the available options, suggesting that it is not a part of the SJA's role in handling such requests.

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  • 47. 

    Which of the following is the first step in a Magistrate Court case?

    • Draft the information

    • Determine jurisdiction

    • Request a copy of the report of investigation

    • Request a copy of DD Form 1805 US District Court Violation Notice

    Correct Answer
    A. Determine jurisdiction
    Explanation
    The first step in a Magistrate Court case is to determine jurisdiction. This involves establishing whether the court has the authority to hear and decide the particular case. Jurisdiction can be based on factors such as the location of the offense, the parties involved, and the type of case. By determining jurisdiction, the court ensures that it has the legal power to handle the case before proceeding with other steps such as drafting the information or requesting relevant documents.

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  • 48. 

    When assembling a Magistrate Court file, which of the following is the first step?

    • Draft the information

    • Put a cover sheet on the file

    • Request a copy of the report of investigation

    • Obtain consent to try the case in federal Magistrate Court

    Correct Answer
    A. Obtain consent to try the case in federal Magistrate Court
    Explanation
    The first step in assembling a Magistrate Court file is to obtain consent to try the case in federal Magistrate Court. This is important because without obtaining consent, the case cannot proceed in the Magistrate Court. Once consent is obtained, the other steps such as drafting the information, putting a cover sheet on the file, and requesting a copy of the report of investigation can be followed. However, obtaining consent is the initial and crucial step in the process.

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  • 49. 

    In a federal Magistrate Course case, immediately following arraignment on a petty offense where the defendant pleads guilty, the magistrate will

    • Impose a sentence

    • Set a date for sentencing

    • Assign a public defender to the accused

    • Request a pre-sentencing report from Pre-Trial Services

    Correct Answer
    A. Impose a sentence
    Explanation
    In a federal Magistrate Court case, after the defendant pleads guilty to a petty offense during the arraignment, the magistrate will impose a sentence. This means that the magistrate will determine and announce the punishment or penalty for the defendant's guilty plea. The other options, such as setting a date for sentencing, assigning a public defender, or requesting a pre-sentencing report, are not applicable in this specific scenario.

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Quiz Review Timeline (Updated): Mar 22, 2023 +

Our quizzes are rigorously reviewed, monitored and continuously updated by our expert board to maintain accuracy, relevance, and timeliness.

  • Current Version
  • Mar 22, 2023
    Quiz Edited by
    ProProfs Editorial Team
  • Apr 09, 2012
    Quiz Created by
    Risika1

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