5J051 Paralegal CDC Questions: Quiz!

The AFLOA, Claims and Tort Litigation Division will be the responsible agency because it is stated in the given information that if claims jurisdictions in the CONUS needed changes to be designated or approved, this division will be responsible. The other options mentioned, such as the Judge Advocate General requesting guidance from the office of the US attorney general or the Department of Justice disseminating guidance to all SJA's, are not mentioned in the given information as being responsible for this task. Similarly, the Department of Defense disseminating guidance to all SJA's is not mentioned as the responsible agency.

An article 139 UCMJ claim is a request for reimbursement of personal property damage caused by military operations. If the claim is approved, the maximum amount that can be assessed against the member's pay without prior approval of AFLOA/JACC is $5,000. This means that if the claim is approved, the member can be required to pay up to $5,000 for the damages caused.

The incident of a government-issued duffel bag being lost by a civilian airline while on leave is not payable under AFI 51-502, chapter 2. This is because the loss of personal belongings during leave is not covered by the policy.

Before a partial payment can be made, it must first be determined whether a hardship situation exists. This means that the claimant must be facing financial difficulties or experiencing a significant loss that requires immediate assistance. Without establishing the presence of a hardship situation, a partial payment cannot be justified or provided.

The correct answer is 20 percent. The Federal Tort Claims Act sets a limit on attorney fees for administrative settlements, allowing a maximum of 20 percent to be charged by the attorney hired by the claimant. This means that if a claimant decides to hire an attorney to handle their claim, the attorney's fee cannot exceed 20 percent of the settlement amount.

In order to ensure that the payment of an ANG claim is made correctly, the payee should be designated as both the claimant and the attorney. This is because when the claimant is represented by an attorney, it is important to include both parties in the payment process to ensure that the funds are distributed appropriately and in accordance with any legal agreements or arrangements between the claimant and their attorney.

After fastening the claim to a folder and labeling it with the claimant's name and claim number, it is necessary to place a privacy act label on the front of the folder. This is because the Privacy Act of 1974 requires federal agencies to protect individuals' personal information that is collected and maintained by the government. By placing a privacy act label on the folder, it ensures that the sensitive information contained within is handled and protected appropriately according to the law.

The statute of limitations refers to the time limit within which a legal claim must be filed. In the context of a pro-government claim, the statute of limitations can be tolled, or paused, under certain circumstances. In this case, the correct answer is that the collection action must be complete or a suit must be filed in Federal District Court. This means that either the government must have completed its collection action or the claimant must have filed a lawsuit in the Federal District Court before the statute of limitations can be tolled.

The first thing you should do when claimants arrive at the claims office to ask how to file a claim is to interview them. This is important because it allows you to gather all the necessary information about their claim, understand their situation, and assess their eligibility for filing a claim. By conducting an interview, you can also address any immediate concerns or questions they may have and provide them with the appropriate guidance on how to proceed with their claim.

After the claimant has requested the information for filing a claim, the next step is to brief the claimant on procedures for presenting a claim. This step involves providing the claimant with information and guidance on how to properly submit their claim, including any necessary documentation or forms that need to be completed. By briefing the claimant on the procedures, it ensures that they have a clear understanding of the process and can proceed with filing their claim accurately and efficiently.

When a settlement agreement on a National Guard Claims Act claim is not reached at the original settlement authority, a seven point memorandum must accompany the claims file to the appellate authority. This memorandum provides a summary of the facts of the case, the legal analysis, and the recommended action to be taken by the appellate authority. It helps the appellate authority understand the details of the claim and make an informed decision on the matter. The seven point memorandum is an important document that ensures transparency and consistency in the decision-making process.

The correct answer is AFLOA/JACC. AFLOA/JACC stands for Air Force Legal Operations Agency/Judge Advocate Claims Center. This agency is responsible for processing and adjudicating claims for damages to government property under the AF Admiralty Claims Act. They handle claims against commercial marine freighters and ensure that proper legal procedures are followed in seeking compensation for damages.

Once a determination of damages has occurred, the contracted marine surveyor should send copies of the survey report to the SJA (Staff Judge Advocate) and AFLOA/JACC (Air Force Legal Operations Agency/Judge Advocate Coordination Cell). This is important as it allows the relevant legal authorities to review the survey report and assess the situation in order to proceed with any necessary legal actions or claims. It ensures that the appropriate parties are informed and involved in the process of resolving the admiralty claim.

The correct answer states that claims payable under AFI 51-501, chapter 5, Civil Air Patrol Claims include personal injury, death, or property damage arising from an incident or accident caused by a CAP member performing an AF-assigned mission. This means that if a CAP member is involved in an incident or accident while carrying out a mission assigned by the Air Force, any claims for personal injury, death, or property damage resulting from that incident or accident would be covered under the policy.

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A 7-LVL paralegal with at least 6 months claims experience would have a certain level of expertise and knowledge in settling property damage tort claims. Based on their experience and expertise, they would be able to settle the claim for a maximum amount of $5,000.

A Civil Air Patrol cadet is not a proper claimant under AFI 51-502, chapter 2 because the AFI (Air Force Instruction) 51-502 pertains to the Air Force Legal Assistance Program, which provides legal assistance services to eligible individuals. While an Air Force Academy cadet, a civilian employee at Laughlin AFB, TX, and a Department of Defense Dependent School teacher at Maxwell AFB, AL can be eligible for legal assistance under this program, a Civil Air Patrol cadet does not fall under the eligible categories.

An Article 139, UCMJ claim is the correct answer because Article 139 of the Uniform Code of Military Justice (UCMJ) specifically addresses claims for damage to property caused by members of the armed forces. This type of claim allows individuals to seek redress for property that has been willfully damaged, destroyed, or wrongfully taken by military personnel. The other options, such as Civil Air Patrol claim, Anti-government claim, or ANG claim, do not specifically pertain to claims for damage caused by members of the armed forces.

According to the written agreement between the military services and their carrier industry, a claimant is required to give notice of loss or damage within 75 days of delivery. This means that if any loss or damage occurs during the transportation of goods, the claimant must report it within this specified timeframe to be eligible for any compensation or resolution.

Before attempting to recover monies from a foreign country, it is necessary to receive authorization from AFLOA/JACC. This authorization is important because AFLOA/JACC is responsible for overseeing legal matters related to financial operations in the Air Force. They have the expertise and authority to grant permission for the recovery of funds from a foreign country, ensuring that the process is conducted in accordance with legal requirements and international agreements. Without this authorization, any attempt to recover monies could be considered unauthorized and may face legal consequences.

When there is uncertainty about whether a NAF claim should be paid from appropriated or non-appropriated funds, the best course of action is to initially pay from appropriated funds to prevent any hardship on the claimant. This allows the claimant to receive the necessary funds without delay, while a decision is made later regarding the appropriate source of payment. This ensures that the claimant's needs are met in a timely manner, while also allowing for a proper determination to be made regarding the funding source.

The correct answer is GS-6 with at least 6 months claims experience. This is because the base SJA wants to appoint a Dept of the Air Force civilian as an assistant claims officer, and to be eligible for this position, the civilian must have at least 6 months of claims experience. Additionally, the civilian must be at the GS-6 level in terms of their grade or pay scale.

Before authorizing the claimant to dispose of the items, it is necessary to contact AFCSC (Air Force Claims Service Center) to request disposal. This implies that AFCSC is the appropriate authority to handle the disposal process in cases of mold or mildew damage.

The correct answer is AFCSC voucher box. After settling a Military Claims Act small claim for $2200 and receiving a signed settlement agreement, the settlement agreement along with the voucher should be sent to the AFCSC voucher box.

The correct answer suggests that in order to research the claim for replacing damaged personnel clothing without negligence, one should refer to the guidance provided in AFMAN 23-110. This implies that AFMAN 23-110 contains the necessary information or instructions on how to proceed with the claim.

The correct answer is SIPRNET. When sending classified information from the Emergency Operations Center via email, it must be done using SIPRNET. SIPRNET is a secure network that is specifically designed for transmitting sensitive and classified information. It ensures that the information is protected and only accessible to authorized personnel. Using the "encryption" feature of standard desktop email software, a cyberspace account with a special common access card, or a cyberspace account with a secure password alone may not provide the necessary level of security required for transmitting classified information.

The Federal Employees Compensation Act (FECA) provides the exclusive remedy for civilian employees who are injured while performing their government employment duties. Under FECA, injured employees are entitled to receive medical treatment, compensation for lost wages, and other benefits related to their injury. This act ensures that civilian employees are protected and provided with appropriate support in case of work-related injuries.

Before referring a claim to the US attorney or the DoJ, it is necessary to receive authorization from AFLOA/JACC. This means that AFLOA/JACC must give approval or permission before the claim can be referred to the US attorney or the Department of Justice.

If an Airman is robbed on base and reports the robbery immediately and files a claim, the maximum amount of reimbursement is $200. This suggests that the base has a policy in place to provide a certain level of financial compensation to victims of robbery. This amount is likely determined based on the average value of stolen items or the cost of replacing essential belongings. By offering reimbursement, the base aims to support and provide some relief to the affected Airman in such unfortunate situations.

Once the commander takes action to have an award amount deducted from the offender's pay for a claim under Article 139, UCMJ, the award is not subject to appeal by the offender or the claimant. This means that neither the offender nor the claimant can appeal the decision to deduct the award from the offender's pay.

The correct answer is "Tar sprayed on a POV owned by a military member on base caused by a civilian service employee." This incident would be processed under the Military Claims Act because it involves property damage to a military member's vehicle on a military base caused by a civilian service employee. The Military Claims Act provides a legal framework for military members to seek compensation for property damage caused by government employees or contractors.

The correct answer is "commander discovers new evidence". According to the given information, a successor in command can reconsider a claim under AFI 51-502, Chapter 6, Article 139, UCMJ when the commander discovers new evidence. This means that if new evidence is found that could potentially impact the outcome of the claim, the successor in command has the authority to reconsider the claim. The other options, such as the offender or claimant requesting reconsideration or the offender paying the complete debt, do not necessarily indicate that a reconsideration will take place.

AFLOA/JACC (Air Force Legal Operations Agency/Judge Advocate General's Corps) would assist TJAG (The Judge Advocate General) in settling a claim for and against the US arising out of Air Force activities. AFLOA/JACC is responsible for providing legal advice and support to the Air Force, including handling claims and litigation. They would work closely with TJAG to ensure that the settlement process is conducted effectively and in accordance with the law.

When Civil Air Patrol personnel are under written specific assignment in direct support of an operational CAP mission under AF direction, they should seek compensation under the Federal Employee's Compensation Act for any personal injury or death claims. This act provides coverage and benefits for federal employees who suffer work-related injuries or illnesses. Therefore, CAP personnel are eligible for compensation under this act rather than settling under the Federal Tort Claims Act or the Military Claims Act.

If a claim under the Federal Tort Claims Act cannot be settled at the base office level, it must be sent to the outside settlement authority. According to the correct answer, this must be done within 120 days after receipt. This means that if the claim cannot be resolved within the base office within the initial 30, 60, or 90 days, the claimant has an additional 120 days to escalate the claim to the outside settlement authority.

The correct answer is to double click the Anti/Pro Claims icon. This suggests that the first step in opening a tort claim in AFCIMS is to access the Anti/Pro Claims section by clicking on its icon.

In order for an installation SJA (Staff Judge Advocate) to pay a medical malpractice claim within their settlement authority, they need to obtain approval from the TCFSC (The Judge Advocate General's Corps) Medical Law Branch. This branch is responsible for overseeing legal matters related to medical issues within the military, including medical malpractice claims. Therefore, they have the authority to approve or deny the payment of such claims within the settlement authority of the installation SJA.

After printing the voucher in AFCIMS, you need to deactivate the claim. This means that the claim is no longer active and cannot be further processed or utilized. Deactivating the claim ensures that no additional actions or changes can be made to it. This step is necessary to maintain the accuracy and integrity of the system and to prevent any unauthorized modifications or misuse of the claim.

The correct answer is "Only after an administrative claim has been filed and finally denied in writing." This means that individuals can only sue the US in district courts under the Federal Tort Claims Act after they have filed a claim for damages, and that claim has been denied in writing by the relevant administrative authority. This requirement ensures that individuals exhaust all administrative remedies before resorting to a lawsuit.

Tort claims asserted by the government for damage or loss must be asserted within 3 years from the date the cause of action accrues. This means that the government has a limited time period of 3 years to file a claim for any damage or loss caused by a tort. If the government fails to assert the claim within this time frame, they may lose their right to seek compensation for the harm suffered.

The correct answer is $1,000. This means that if a claimant submits a claim under the Use of government property act, the maximum award they can receive is $1,000.

The correct answer is SECAF, which stands for Secretary of the Air Force. In this scenario, if salvage services by the Air Force (AF) are needed in an admiralty claim worth $100,000, the claim will be settled by the Secretary of the Air Force. The SECAF is responsible for making decisions and taking action on behalf of the Air Force, including matters related to legal claims and salvage services.

After recommending denial of an appeal under the FTCA, you must transfer the claim in AFCIMS to JACT. This suggests that JACT is the appropriate department or entity to handle the claim after the denial of the appeal. The transfer ensures that the claim is properly processed and managed by the relevant authority.

The correct answer is 2, Federal Tort Claims Act. In this scenario, since the Recreation Center employee was driving a non-appropriated funds (NAF) vehicle within the scope of his/her job on base, the claim would be processed under the Federal Tort Claims Act. This act allows individuals to file claims against the United States government for damages caused by the negligent or wrongful acts of its employees.

After a settlement agreement for a NAFI claim is signed, the claim file is sent to AFSVA for payment.

The Use of Government Property Act would be applicable in this scenario because it covers claims related to damage caused by government-owned vehicles (GOV) to privately-owned vehicles (POV). In this case, the person driving the GOV kicked up a rock and damaged the windshield of a POV, making it eligible for a claim under the Use of Government Property Act. The act provides a legal framework for compensating individuals for damages caused by the use of government property.

The correct answer is Chief, US Army Claims Service. When processing a NATO SOFA international agreement claim in the US, the responsibility for settling such claims lies with the Chief, US Army Claims Service. This individual is responsible for overseeing and managing the claims process within the US Army, including those related to international agreements such as the NATO SOFA. They have the authority to review and adjudicate claims, ensuring that they are resolved in accordance with applicable laws and regulations.

The correct answer is TCFSC. In the event of an accident or incident where the US may incur substantial liability under tort-based statutes, it is important to immediately contact the Tort Claims Field Support Center (TCFSC). This center specializes in handling tort claims and can provide guidance and support in dealing with potential liability issues. Contacting TCFSC promptly ensures that the necessary steps are taken to address the situation and protect the interests of the US.

The correct answer is FCC or SECAF. The Foreign Claims Act governs the process of settling claims related to foreign countries. Unless delegated, the settlement of these claims can only be accomplished by the Foreign Claims Commission (FCC) or the Secretary of the Air Force (SECAF). The FCC is responsible for reviewing and adjudicating the claims, while the SECAF has the authority to approve and authorize the settlement. Therefore, both the FCC and SECAF play crucial roles in the settlement process under the Foreign Claims Act.

If a claim is settled under the Foreign Claims Act for more than $100,000, it must be reported to the GAO for payment. The GAO, or Government Accountability Office, is responsible for auditing and settling claims against the government. They ensure that funds are properly allocated and that payments are made according to the law. Therefore, when a claim exceeds $100,000, it must be reported to the GAO for payment processing.