5j0x1 Volume 3 Paralegal Course

100 Questions | By Neshanne | Last updated: Mar 20, 2022 | Total Attempts: 261

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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!

Questions and Answers

1.

SSgt Smith commits a simple assault consummated by a battery in violation of Article 128, UCMJ. If tried by a general court-martial, the maximum punishment would be a bad conduct discharge, forfeiture of all pay and allowances, and confinement for six months. Why would you recommend NJP for this minor offense?
- 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