5j0x1 Volume 3 Paralegal Course
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In the air force most of their cases are solved by their own court system therefore the need to have paralegals. Are you studying for that final test as an air force paralegal? Take up the sample questions below to help you better prepare for the exam. Best of luck in your exams!
- 1.
- A.
Because no weapon was used
- B.
Because it is not against a commissioned officer
- C.
Because it is not against someone under 16 years old
- D.
Because it does not result in a dishonorable discharge or confinement for more than one year.
- 2.SSgt Smith commits an offense in violation of the UCMJ while deployed with joint forces. The joint forces commander imposes NJP. Which of the following offices must process the action?
- A.
Servicing joint forces SJA for the host command
- B.
Servicing host nation SJA for the host command
- C.
Servicing Air Force SJA for the host command
- D.
Servicing home station SJA for the member
- 3.A brigadier general (0-7) has delegated NJP authority to a principal assistant in the grade of colonel (0-6). What do you tell the colonel regarding the level of punishment he can impose?
- A.
The colonel can impose punishment authorized for the colonel's grade
- B.
The colonel can impose punishment authorized for the brigadier general's grade
- C.
Because the colonel is a principal assistant, he/she can only impose punishment authorized for a lieutenant colonel's (0-5) grade
- D.
Because the colonel is a principal assistant, he/she can only impose punishment authorized for a major's (0-4) grade
- 4.In pratical applications, a member being offered NJP is not required to accept or reject NJP in less than
- A.
24 hours
- B.
48 hours
- C.
72 hours
- D.
96 hours
- 5.If a commander decides to open a NJP personal apperance to the public, he or she must have consent of the
- A.
SJA
- B.
Chief, Military Justice
- C.
ADC
- D.
Member receiving the NJP
- 6.When a commander is ready to impose punishment under NJP, from whom must he seek advice?
- A.
SJA
- B.
First Sergeant
- C.
Chief, Military Justice
- D.
The commander does not need to seek advice
- 7.When a commander imposes NJP, the SJA must help the commander evaluate the facts, understand the punishment options, and determine a just punishment because the
- A.
Commander has a fundamental responsibility to take temperate, well-conveived action that is just and conducive to good order, morale, and discipline
- B.
SJA has a fundamental responsibility to take temperate, well-conceived action that is just and conducive to good order, morale and discipline
- C.
Commander has fundamental responsibility take swift action that is conducive to good order, morale, and discipline
- D.
SJA has a fundamental responsibility to take swift action that is conducive to good order, morale and discipline
- 8.With NJP, within what maximum number of calendar days must a member decide whether or not to appeal the punishment?
- A.
Three
- B.
Four
- C.
Five
- D.
Seven
- 9.The suspension of punishment under NJP takes effect on the date the
- A.
Commander imposes punishment
- B.
SJA approves the punishment
- C.
Member was notified of the punishment
- D.
Chief, Military Justice approves the punishment
- 10.With NJP, when may a member withdraw their appeal to the punishment?
- A.
At any time
- B.
If the imposing commander has not acted on the appeal
- C.
The member cannot withdraw an appeal once submitted
- D.
Only after seeking advice from the ADC
- 11.What final action must take palce on the AF Form 3070 to meet Air Force metrics?
- A.
MPS and AFO distribution
- B.
Servicing SJA legal review
- C.
GCMCA SJA administrative supervisory review
- D.
Signature of the member acknowleding UIF and appeal decision
- 12.TSgt Smith received NJP with a reduction to SSgt. Four months later SSgt Smith requested that his punishment be changed to forfeiture of one-half of one's month pay for two months. What supplementary action would you prepare for this situation?
- A.
Set aside
- B.
Remission
- C.
Mitigation
- D.
Vacation of suspension
- 13.SrA Smith received NJP with 30 days correctional custody. After 20 days into the punishment the commander decided SrA Smith had improved considerably, and wants to do away with the remaining punishment not served. What supplementary action would you prepare for this stituation?
- A.
Set aside
- B.
Remission
- C.
Mitigation
- D.
Vacation of suspension
- 14.If a CC receives a complaint or report regarding a member under his/her command, then the commander must
- A.
Prefer charges to court-martial
- B.
Place the member on administrative hold
- C.
Place the member into pretrial confinement
- D.
Make a preliminary inquiry into the charges or suspected offenses
- 15.After suspected offenses are investigated, who normally assists the CC in evaluating the facts?
- A.
First sergeant
- B.
TC
- C.
DC
- D.
SJA
- 16.Prior to arraignment at trial, a reservist who will be tried by a general or special court-martial must be
- A.
On active duty
- B.
On Title 32 orders
- C.
Serving annual training
- D.
Serving inactive duty training
- 17.If your evidence does not meet all the elements of the Punitve Article, or is not received legally, then it
- A.
Is considered hearsay
- B.
Is considered admissible
- C.
Will not be allowed to be used
- D.
Is considered business records
- 18.If you discover additional allegations during an investigation, who should you consult with to see if the scope of the investigation should be expanded?
- A.
Your supervisor
- B.
Your attorney
- C.
SFS
- D.
OSI
- 19.What must be proven first if a search authorization is to be issued?
- A.
Intent
- B.
Jurisdiction
- C.
Probable cause
- D.
Status of the member to be searched
- 20.What type of evidence plays a direct part in the incident in question?
- A.
Real
- B.
Derivative
- C.
Documentary
- D.
Demonstrative
- 21.What form is used to maintain a complete chain of custody accounting of all personnel who handled evidence?
- A.
AF Form 52, Evidence Tag
- B.
AF Form 2521, Turnaround Transaction Log
- C.
DD Form 1327, Pick up and Transfer Request
- D.
DD Form 1342, Department of Defense (DOD) Property Record
- 22.In a GCM case where an ROI is published, the ROI is published, the ROI should be completed within what maximum number of days of the date of the discovery of the offense?
- A.
30
- B.
45
- C.
60
- D.
75
- 23.What must be present if a person subject to the UCMJ is to be apprehended for an offense triable by court-martial?
- A.
Jurisdiction over the person
- B.
Intent to commit a crime
- C.
Witness to the offense
- D.
Probable cause
- 24.What must be met before an accused can be charfed for a violation of the UCMJ?
- A.
Lesser included offenses
- B.
Charges and specifications
- C.
All of the elements of the offense
- D.
There must be a witness to the offense
- 25.For a court-martial, what must be done before selecting the Punitive Articles of the UCMJ that a member is suspected of committing?
- A.
Develop a proof analysis case
- B.
Consult the SJA
- C.
Draft the specifications
- D.
Read through all the evidence
- 26.What pamphlet do you compare the elements in the MCM against when listing elements within a proff analysis?
- A.
AFPAM 27-9
- B.
AFPAM 29-7
- C.
DA Pamphlet 27-9
- D.
DA Pamphlet 29-7
- 27.Which acts includes provisions that encourage employers to continue to pay victims and witnesses for work absences in order to assist investigations and procesutions?
- A.
Victim's Rights and Restitution Act of 1990
- B.
Victim and Witness Protection Act of 1982
- C.
Victim of Crimes Act of 1984
- D.
Crime Control Act of 1990
- 28.Which acts permits, under certain limited circumstances, the compensation of crime victims with money obtained from criminal fines, penalties, court costs or other assessmetns against convicted federal criminals?
- A.
Victim's Rights and Restitiution Act of 1990
- B.
Victim and Witness Protection Act of 1982
- C.
Victim of Crimes Act of 1984
- D.
Crime Control Act of 1990
- 29.Which statement describes a victim who is entitled to transitional compensation?
- A.
Dependent of active duty military that was punitively separated as a result of court-martial
- B.
Dependent of active duty military that was administratively separated for misconduct
- C.
A rape victim that was innocent of wrongdoing, reported the crime promptly to the police, cooperated with the criminal justice system and submitted a timely application
- D.
Dependent of active duty military that was on active duty for more than 30 days, and after 29 November 1993 was separated from active duty under a court-martial sentence resulting from a dependent abuse offense
- 30.When interviewing a victim of the opposite sex, ensure you
- A.
Have at least three people present at all times
- B.
Read them their rights under Article 31, UCMJ
- C.
Have a member of security forces present at all times
- D.
Have another person of the same sex as the victim present
- 31.Some witnesses are reluctant to disclose information. What reason describes when people feel getting involved in an incident may require a great deal of time and they do not want to get involved.
- A.
Resentment
- B.
Inconvenience
- C.
Fear of involvement
- D.
Personality conflicts
- 32.What interview preparation step includes outlining topics to be covered and in what order?
- A.
Information sought
- B.
Familiarity with the case
- C.
Identifying and organizing
- D.
Background of the interviewee
- 33.What should you do first when conducting a witness interview?
- A.
Read the witness their Article 31, UCMJ, rights
- B.
Introduce defense counsel to the witness
- C.
Ask the witness to give a written statement
- D.
Identify yourself and any additional personnel witnessing the interview
- 34.What interview approach is primarily used during interrogations?
- A.
Direct
- B.
Indirect
- C.
Alternating
- D.
Combination
- 35.For members who have more than one type of special access to particular programs, CCs must obtain permission to proceed authorizations from
- A.
TJAG
- B.
DOD
- C.
DOJ
- D.
Each appropriate agency
- 36.Your first step when drafting a memorandum to place a member on administrative hold is to detemine
- A.
The type of court-martial to be held
- B.
If the member is a witness or accused
- C.
The length of time the member will be on hold
- D.
Which AAC to use
- 37.After an administrative hold memorandum is signed, what agency needs to have copy?
- A.
MPS
- B.
AFO
- C.
The member's unit
- D.
AFLOA/JAJM
- 38.Which of the following identifies a member that has conditions put on her/his liberty?
- A.
Member has been physically retrained
- B.
Member has been restricted to a specific area
- C.
Moral restraint has been imposed upon the member
- D.
Member has been ordered to do or refrain from doing specified acts
- 39.Which action must be accomplished within 48 hours of a member being place in PTC?
- A.
Charges must be preferred on the member
- B.
A probable cause determination must be made
- C.
The confinement facility notifies the accused's unit CC
- D.
The confinement facility ensures the accused receives a medical examination
- 40.Within what maximum period of time must a PCRO conduct a review of the probable cause determination and decide to continue PTC or release the member?
- A.
24 hours
- B.
48 hours
- C.
Seven days
- D.
Eight days
- 41.R.C.M 707 (a) requires an accused be brought to trial within 120 days after
- A.
Referral of charges
- B.
Preferral of charges
- C.
Release from pretrial restraint
- D.
Date of discovery of an offense
- 42.If a member refuses trail by SCM, then
- A.
The member must submit a request to be discharged
- B.
The member must accept NJP
- C.
The member must submit resignation in lieu of court-martial
- D.
Charges may be preferred to trial by special or general court-martial as appropriate
- 43.If found guilty in a GCM, the most severe discharge that can be adjudged on an enlisted member is
- A.
A dismissal
- B.
A bad conduct discharge
- C.
A dishonorable discharge
- D.
An other than honorable conditions discharge
- 44.A GCM is composed of a military judge and not less than how many members for non-capital cases?
- A.
Three
- B.
Five
- C.
Ten
- D.
Twelve
- 45.
- A.
Charge 4: Violation of the Uniform Code of Military Justice (UCMJ), Article 86
- B.
Charge IV: Violation of the UCMJ, Article 86
- C.
CHARGE 4: Violation of the UCMJ, Article 86
- D.
CHARGE IV: Violation of the UCMJ, Article 86
- 46.Which of the following indicates that the statute of limitations has been tolled?
- A.
Receipt of sworn charges
- B.
Charges have been referred
- C.
Charges have been investigated
- D.
Receipt of the ROI
- 47.What must take palce before charges can be referred to a GCM for trial?
- A.
CA must sign the covening order
- B.
Trial counsel must give the CA pretrial advice
- C.
An investigation under Article 32, UCMJ
- D.
SJA must choose the member panel
- 48.When referral to a GCM is recommended, the SJA's pretrial advice must contain
- A.
The names of the witnesses who may be called at trial
- B.
Maximum permissible punishments for each offense alleged
- C.
Personal opinions as to whether the accused committed the offenses
- D.
A recommendation of the action to be taken by the CA
- 49.When a list of proposed panel members is sent to the CA, what type of data must accompany the member list?
- A.
Disciplinary
- B.
Financial
- C.
Award
- D.
Credit
- 50.When the accused is a foreign national, who is responsible for ensuring the accused's records are examined?
- A.
SJA to the SPCMCA
- B.
SJA to the GCMCA
- C.
Accused's immediate commander
- D.
Trial counsel
- 51.Which of the following is the proper way to make a minor change to a specification on a charge sheet?
- A.
Use correction tape and retype the correct specification
- B.
Print a corrected charge sheet and have the commander prefer charges on the accused
- C.
White-out the incorrect material and have the trail counsel initial and date by each change
- D.
Line through the incorrect material and have the trail counsel initial and date by each change
- 52.What is included in the heading of a convenig order?
- A.
Department of the AirForce, complete unit designation, MAJCOM, and date
- B.
Department of the AirForce, complete unit designation, order number, and date
- C.
Department of the AirForce, complete unit designation, MAJCOM, and order number
- D.
Department of the AirForce, complete unit designation, MAJCOM, order number, and date
- 53.When numbering convening order for a GCM, what letter prefix must be used?
- A.
A
- B.
AB
- C.
AC
- D.
AD
- 54.What is your first step when you need to make a third amendment to convening order?
- A.
Do a pen and ink change, initialed by the SJA
- B.
Complete an AF Form 973, Request and Authorization for Change
- C.
Publish a new order convening the court with a saving clause
- D.
Accomplish an amendment to the original convening order
- 55.During discovery, which type of information is madatory disclosure by the prosecution?
- A.
Name witnesses
- B.
Names of witnesses and their contact information
- C.
Intent to offer defense of alibi
- D.
Drug self-identification program information
- 56.What information is only discoverable upon request?
- A.
Names of witnesses
- B.
Sentencing evidence
- C.
Any prior convictions of the accused
- D.
Intent to disclose classified information trail
- 57.Under Aif Force Instruction (AFI) 36-3208, Aministrative Separation of Airmen, an accused submits a request for discharge in lieu of court-martial after what event?
- A.
Arraignment
- B.
Pretrial restraint
- C.
Preferral of charges
- D.
Pretrial confinement
- 58.What happens after the SJA completes his or her legal review for a request for discharge?
- A.
SPCMCA forwards the request with its recommendations to the MAJCOM SJA
- B.
SJA forwards the completed case file to the GCMCA
- C.
SJA forwards the completed case file to the SPCMCA
- D.
SPCMCA forwards the request with its recommendation to the GCMCA
- 59.Who has overall responsibility for managing the docketing of court-martial worldwide?
- A.
Director, USAF Judiciary
- B.
Central Docketing Office
- C.
Chief Regional Military Judge
- D.
Chief Trail Judge
- 60.Who sets the presumptive trail date?
- A.
Clerk of Trial Courts
- B.
Director, USAF Judiciary
- C.
Chief Regional Military Judge
- D.
Chief Trail Judge
- 61.When the defense counsel requests a postponement of trial, the request should be in wirting and addressed
- A.
Directly to the SJA
- B.
To the CA
- C.
Directly to the TC
- D.
To the MJ
- 62.You begin notifying trial participants immediately after
- A.
Referral of charges
- B.
A docketed court-martial
- C.
A puublished convening order
- D.
Service of charges on the accused
- 63.If the CA denies an expert witness request, the request may be renewed before the
- A.
MJ
- B.
SJA
- C.
GCMCA
- D.
MAJCOM SJA
- 64.When a witness is required for courts-martial, your first step is to determine
- A.
Where the witness lives
- B.
The status of the witness
- C.
Who will provide the funding
- D.
Whether the witness is for the prosecution or defense
- 65.When you have a civilian witness who is willing to testify and your office is funding the travel, your next step in witness funding is to prepare a
- A.
Subpoena and a DD Form 453-1
- B.
DD Form 453-1 and send it to the witness
- C.
Subpoena and have it served on the witness by U.S Marshals
- D.
DD Form 453-1 and give it to DC to serve on the witness
- 66.When funding Reserve personnel through CWF, what type of orders must the witness be on before funding will be approved?
- A.
Title 10 orders
- B.
Title 32 orders
- C.
TDY orders
- D.
IDT orders
- 67.When a deposition that has been transcribed is used in a court-martial, who reads the deposition to the court?
- A.
Defense
- B.
Prosecution
- C.
Military Judge
- D.
Party offering it
- 68.When may a MJ order a deposition be taken on request of a party?
- A.
After charges have been referred
- B.
After charges have been preferred
- C.
Any time during an Article 32, UCMJ, hearing
- D.
Any time during the initial investigation
- 69.Where in the R.C.M. is immunity discussed?
- A.
754
- B.
704
- C.
154
- D.
104
- 70.Who is the only person that can grant immunity to a witness?
- A.
SPCMCA SJA
- B.
GCMCA SJA
- C.
SPCMCA
- D.
GCMCA
- 71.
- A.
Accused
- B.
Military Judge
- C.
Convening authority
- D.
Staff Judge Advocate
- 72.When drafting a stipulation of expected testimony, what identifying information is in the first numbered paragraph of the body?
- A.
Defense counsel
- B.
Trial counsel
- C.
Accused
- D.
Witness
- 73.How may the prosecution or defense present a motion before the court?
- A.
Orally only
- B.
Written only
- C.
Written and, at the discretion of the military judge, orally
- D.
Orally and, at the discretion of the military judge, written
- 74.A CA may withdraw from a PTA any time prior to the
- A.
Findings
- B.
Sentencing
- C.
Accused beginning performance of promises contained in the PTA
- D.
Defense counsel beginning performance of promises contained in the PTA
- 75.Who does the baliff report to 30 minutes before the trial begins on the first day?
- A.
SJA
- B.
MJ
- C.
TC
- D.
Case paralegal
- 76.Who must the baliff inform prior to delivering any item or message to a court member in closed session?
- A.
SJA
- B.
MJ
- C.
TC
- D.
Case paralegal
- 77.After arraignment in an Article 39(a), UCMJ, session, what is the next step if the accused does not enter a guilty plea?
- A.
Accused reads his/her sworn or unsworn statement
- B.
TC presents his/her opening statement
- C.
DC presents his/her opening statement
- D.
MJ calls the court to order with members
- 78.In a court-martial with members, what happens after an Article 39 (a), UCMJ, session?
- A.
Voir dire
- B.
Care inquiry
- C.
Arraignment
- D.
Presentation of evidence
- 79.If an accused is sentenced to confinement, he or she can submit an application for deferment of confinement any time after
- A.
The sentence is announced
- B.
Being placed in confinement
- C.
The service of the ROT
- D.
The service of the SJAR
- 80.If an accused is in confinement, a copy of the AF Form 1359 must be furnised to the CA and
- A.
Confinement officer only
- B.
The commanding officer responsible for the confinement facility only
- C.
MPS, Finance, and the confinement officer
- D.
The commanding officer responsible for the confinement facility and the confinement officer
- 81.In assembling a verbatim ROT for a GCM, if an original document is missing, the absence of the original must be explained, and
- A.
A copy inserted or a new original created
- B.
A copy or signed duplicate original copy inserted
- C.
A certified true copy inserted or a new original created
- D.
A certified true copy or signed duplicate original copy inserted
- 82.If you have more than one volume in the ROT, then the first volume should be no more than how many inches thick?
- A.
1
- B.
1 1/4
- C.
1 1/2
- D.
1 3/4
- 83.If a PTA was submitted and denied, it is filed in the
- A.
Defense exhibits section of the ROT
- B.
Prosecution exhibits section of the ROT
- C.
Pretrial allied papers section of the ROT
- D.
Appellate exhibits section of the ROT
- 84.If a court-martial resulted in confinement for two years, whom is the ROT sent to for aunthentication?
- A.
MJ
- B.
TC
- C.
DC
- D.
SJA
- 85.An addendum to the SJAR must be accomplished when the SJA
- A.
Recevies matters submitted by an accused or DC in response to the SJAR
- B.
Receives new evidence submitted by an accused or DC in reponse to the SJAR
- C.
Comments on the contents of the PDS in the SJAR
- D.
Comments on the contents of the ROT in the SJAR
- 86.Information must be included in the addendum to the SJAR that advises the CA
- A.
Of the member's service record
- B.
On the nature and duration of any pertrial restraint
- C.
On the findings and sentence adjudged by the court-martial
- D.
That all written matters submitted by the defense must be considered
- 87.An addendum to the SJAR must be served on the accused and DC when the
- A.
SJA comments on the contents of the PDS in the addendum
- B.
SJA comments on the contents of the ROT in the addendum
- C.
DC and accused did not respond to the SJAR
- D.
Addendum contains new matter
- 88.If an accused waives appellate review, a sentence of a DD or BCD may be executed by the
- A.
SPCMCA
- B.
GCMCA
- C.
AFCCA
- D.
CAAF
- 89.If an accused is adjudged one year confinement, Article 58b, UCMJ, allows the CA to waive mandatory Forfeitures for
- A.
Three months
- B.
Six months
- C.
Nine months
- D.
One year
- 90.A member may be placed on involuntary excess leave when
- A.
Awaiting appellate review of an unsuspected punitive discharge
- B.
Serving a term of confinement for one year or more
- C.
A punitive discharge was not imposed
- D.
Mandatory forfeitures were adjudged
- 91.If you need to correct errors in the heading or close of a CMO, you must
- A.
Rescind the CMO
- B.
Publish a new CMO
- C.
Publish a corrected copy
- D.
Publish an amended copy
- 92.When vacating a suspended sentence, what must happen before the expiration of the suspension time period?
- A.
Probably cause must be present
- B.
Proof beyond a reasonable doubt must be present
- C.
The supplemental order vacating the suspension must be issued
- D.
The accused's CC must recommend vacation of the suspension sentence
- 93.Who must authenticate a supplementary CMO?
- A.
CA and SJA
- B.
CA only
- C.
SJA only
- D.
Master sergeant or above, when delegated
- 94.If a ROT in a GCM with a finding of guilty is not reviewed under Article 66, UCMJ, and the accused does not waive or withdraw the right to appellate review under Article 61, UCMJ, then itis reviewed under
- A.
Article 64(a), UCMJ
- B.
Article 67, UCMJ
- C.
Article 67(a), UCMJ
- D.
Article 69, UCMJ
- 95.If the Air Force Court of Criminal Appeals (AFCCA) has ordered a rehearing and the CA finds a rehearing impracticable, then the CA may
- A.
Declare a mistrial
- B.
Dismiss the charges
- C.
Re-prefer the charges
- D.
Reasses the sentence
- 96.If a judge is appointed to the United States CAAF, the term of appointment is for
- A.
10 years
- B.
15 years
- C.
20 years
- D.
Indefinite
- 97.Upon notification of a hearing, what is the first step that must be accomplished?
- A.
AFLOA/JAJM sends a transmittal letter to the original CA's SJA
- B.
AFLOA/JAJM sends a transmittal letter directly to the original CA
- C.
The SJA sends transmittal letter to the original CA
- D.
The SJA sends a transmittal letter to AFLOA/JAJM
- 98.An in camera proceeding is an
- A.
Article 39(a), UMCJ, session which excludes the public
- B.
Article 39(a), UCMJ, session which includes the public
- C.
Opening session which excludes the public
- D.
Opening session which includes the public
- 99.When AFLOA./JAJM receives a request for informationon disciplinary action that they do not have immeediate access to, what is their first action?
- A.
Answer the request with a letter of denial
- B.
Forward the letter to the organization involved
- C.
Request the information from the organization involved
- D.
Forward the letter to the GCMCA of the organization involved
- 100.When releasing records of trial after court-martial, which items must be redacted?
- A.
Name of the accused
- B.
Place of duty of the accused
- C.
Names of the victims of sex offenses
- D.
Place of duty of the defense counsel
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