5j0x1 Volume 3 Paralegal Course

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  • 1/100 Questions

    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?

    • Because no weapon was used
    • Because it is not against a commissioned officer
    • Because it is not against someone under 16 years old
    • Because it does not result in a dishonorable discharge or confinement for more than one year.
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About This Quiz

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!

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  • 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?

    • Servicing joint forces SJA for the host command

    • Servicing host nation SJA for the host command

    • Servicing Air Force SJA for the host command

    • Servicing home station SJA for the member

    Correct Answer
    A. Servicing Air Force SJA for the host command
    Explanation
    The correct answer is Servicing Air Force SJA for the host command because SSgt Smith committed the offense while deployed with joint forces. Since the joint forces commander imposed NJP, the action must be processed by the Servicing Air Force SJA for the host command, as they would have jurisdiction over the member in this situation.

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  • 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?

    • The colonel can impose punishment authorized for the colonel's grade

    • The colonel can impose punishment authorized for the brigadier general's grade

    • Because the colonel is a principal assistant, he/she can only impose punishment authorized for a lieutenant colonel's (0-5) grade

    • Because the colonel is a principal assistant, he/she can only impose punishment authorized for a major's (0-4) grade

    Correct Answer
    A. The colonel can impose punishment authorized for the colonel's grade
    Explanation
    The correct answer is that the colonel can impose punishment authorized for the colonel's grade. This is because the question states that the brigadier general has delegated NJP authority to the colonel, indicating that the colonel has been given the power to impose punishment. Since the colonel is in the grade of colonel (0-6), they can only impose punishment authorized for their own grade.

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  • 4. 

    In pratical applications, a member being offered NJP is not required to accept or reject NJP in less than

    • 24 hours

    • 48 hours

    • 72 hours

    • 96 hours

    Correct Answer
    A. 72 hours
    Explanation
    In practical applications, a member being offered NJP (Non-Judicial Punishment) is given a specific time frame to consider and respond to the offer. The correct answer is 72 hours, which means that the member has 3 days to decide whether to accept or reject the NJP. This timeframe allows the member enough time to consult with legal counsel, review the evidence and potential consequences, and make an informed decision. It ensures that the member has a reasonable amount of time to consider the offer before providing a response.

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  • 5. 

    If a commander decides to open a NJP personal apperance to the public, he or she must have consent of the

    • SJA

    • Chief, Military Justice

    • ADC

    • Member receiving the NJP

    Correct Answer
    A. Member receiving the NJP
    Explanation
    If a commander decides to open a NJP personal appearance to the public, they must have the consent of the member receiving the NJP. This means that the individual who is being subjected to the non-judicial punishment must agree to have the proceedings made public. It is important to respect the privacy and rights of the individuals involved, and therefore their consent is necessary before allowing public access to the NJP personal appearance.

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  • 6. 

    When a commander is ready to impose punishment under NJP, from whom must he seek advice?

    • SJA

    • First Sergeant

    • Chief, Military Justice

    • The commander does not need to seek advice

    Correct Answer
    A. SJA
    Explanation
    The commander must seek advice from the Staff Judge Advocate (SJA) when ready to impose punishment under NJP. The SJA is the legal advisor to the commander and provides guidance on legal matters, including the appropriate course of action to be taken in disciplinary cases. They ensure that the commander follows the correct procedures and adheres to the applicable laws and regulations. Seeking advice from the SJA helps the commander make informed decisions and ensures that the punishment is fair and in accordance with military justice.

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  • 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

    • Commander has a fundamental responsibility to take temperate, well-conveived action that is just and conducive to good order, morale, and discipline

    • SJA has a fundamental responsibility to take temperate, well-conceived action that is just and conducive to good order, morale and discipline

    • Commander has fundamental responsibility take swift action that is conducive to good order, morale, and discipline

    • SJA has a fundamental responsibility to take swift action that is conducive to good order, morale and discipline

    Correct Answer
    A. Commander has a fundamental responsibility to take temperate, well-conveived action that is just and conducive to good order, morale, and discipline
    Explanation
    The correct answer is that the commander has a fundamental responsibility to take temperate, well-conceived action that is just and conducive to good order, morale, and discipline. This is because when a commander imposes NJP (Non-Judicial Punishment), it is important for them to carefully evaluate the facts, understand the punishment options, and determine a fair and appropriate punishment. The commander's role is to maintain discipline and morale within the unit, and taking measured and well-thought-out action helps to achieve this goal.

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  • 8. 

    With NJP, within what maximum number of calendar days must a member decide whether or not to appeal the punishment?

    • Three

    • Four

    • Five

    • Seven

    Correct Answer
    A. Five
    Explanation
    The correct answer is Five. With NJP, a member must decide whether or not to appeal the punishment within a maximum of five calendar days. This means that they have a limited time frame to make a decision regarding their appeal. It is important for the member to carefully consider their options and gather any necessary evidence or information before the deadline expires.

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  • 9. 

    The suspension of punishment under NJP takes effect on the date the

    • Commander imposes punishment

    • SJA approves the punishment

    • Member was notified of the punishment

    • Chief, Military Justice approves the punishment

    Correct Answer
    A. Commander imposes punishment
    Explanation
    The correct answer is "commander imposes punishment." This is because the suspension of punishment under NJP (Non-Judicial Punishment) begins on the date that the commander imposes the punishment. This means that the punishment is officially implemented and takes effect from that date onwards. The other options, such as SJA (Staff Judge Advocate) approving the punishment or Chief, Military Justice approving the punishment, may be part of the process but do not determine the start of the suspension of punishment. The member being notified of the punishment is important for their awareness but does not determine when the suspension starts.

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  • 10. 

    With NJP, when may a member withdraw their appeal to the punishment?

    • At any time

    • If the imposing commander has not acted on the appeal

    • The member cannot withdraw an appeal once submitted

    • Only after seeking advice from the ADC

    Correct Answer
    A. If the imposing commander has not acted on the appeal
    Explanation
    A member may withdraw their appeal to the punishment if the imposing commander has not acted on the appeal. This means that if the commander has not made a decision or taken any action regarding the appeal, the member still has the option to withdraw it. However, once the imposing commander has acted on the appeal, the member cannot withdraw it anymore.

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  • 11. 

    What final action must take palce on the AF Form 3070 to meet Air Force metrics?

    • MPS and AFO distribution

    • Servicing SJA legal review

    • GCMCA SJA administrative supervisory review

    • Signature of the member acknowleding UIF and appeal decision

    Correct Answer
    A. Servicing SJA legal review
    Explanation
    The final action that must take place on the AF Form 3070 to meet Air Force metrics is the Servicing SJA legal review. This indicates that the form needs to be reviewed by the legal office to ensure that all legal requirements and regulations have been met. This step is crucial in order to comply with Air Force metrics and ensure that all necessary legal procedures have been followed.

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  • 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?

    • Set aside

    • Remission

    • Mitigation

    • Vacation of suspension

    Correct Answer
    A. Mitigation
    Explanation
    Mitigation is the appropriate supplementary action in this situation. Mitigation refers to reducing or lessening the severity of a punishment. In this case, SSgt Smith is requesting a change in his punishment from a reduction in rank to a forfeiture of pay. This change would be considered a mitigation of the original punishment.

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  • 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?

    • Set aside

    • Remission

    • Mitigation

    • Vacation of suspension

    Correct Answer
    A. Remission
    Explanation
    Remission is the correct answer because it refers to the act of forgiving or reducing a punishment. In this situation, the commander wants to do away with the remaining punishment that SrA Smith has not served due to his considerable improvement. By granting remission, the commander can effectively cancel or reduce the remaining days of correctional custody for SrA Smith.

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  • 14. 

    If a CC receives a complaint or report regarding a  member under his/her command, then the commander must

    • Prefer charges to court-martial

    • Place the member on administrative hold

    • Place the member into pretrial confinement

    • Make a preliminary inquiry into the charges or suspected offenses

    Correct Answer
    A. Make a preliminary inquiry into the charges or suspected offenses
    Explanation
    When a CC receives a complaint or report about a member under their command, they are required to make a preliminary inquiry into the charges or suspected offenses. This means that the commander must gather information and investigate the allegations to determine if there is enough evidence to proceed with further action. This step is important in order to ensure that any potential charges or disciplinary actions are based on a solid foundation and are fair and justified. It allows the commander to assess the situation and make an informed decision on how to proceed.

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  • 15. 

    After suspected offenses are investigated, who normally assists the CC in evaluating the facts?

    • First sergeant

    • TC

    • DC

    • SJA

    Correct Answer
    A. SJA
    Explanation
    The SJA (Staff Judge Advocate) normally assists the CC (Commander) in evaluating the facts after suspected offenses are investigated. The SJA is a legal advisor who provides guidance on legal matters, including the interpretation of laws and regulations, and assists in the decision-making process. They play a crucial role in ensuring that the investigation is conducted in accordance with legal requirements and that the CC has all the necessary information to make an informed decision.

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  • 16. 

    Prior to arraignment at trial, a reservist who will be tried by a general or special court-martial must be

    • On active duty

    • On Title 32 orders

    • Serving annual training

    • Serving inactive duty training

    Correct Answer
    A. On active duty
    Explanation
    Prior to arraignment at trial, a reservist who will be tried by a general or special court-martial must be on active duty. This means that the reservist must be currently serving in the military and performing their duties as required. Being on active duty indicates that the reservist is fully engaged in military service and is subject to the rules and regulations governing the military justice system. This requirement ensures that the reservist is available and accessible for the legal proceedings and can be held accountable for any alleged misconduct.

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  • 17. 

    If your evidence does not meet all the elements of the Punitve Article, or is not received legally, then it

    • Is considered hearsay

    • Is considered admissible

    • Will not be allowed to be used

    • Is considered business records

    Correct Answer
    A. Will not be allowed to be used
    Explanation
    If the evidence does not meet all the elements of the Punitve Article or is not received legally, it will not be allowed to be used. This means that the evidence will be excluded from the legal proceedings and cannot be presented as proof.

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  • 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?

    • Your supervisor

    • Your attorney

    • SFS

    • OSI

    Correct Answer
    A. Your attorney
    Explanation
    When additional allegations arise during an investigation, consulting with your attorney is necessary to determine whether the scope of the investigation should be expanded. Attorneys possess legal expertise and can advise on the potential legal implications of the new allegations. They can provide guidance on whether it is necessary to investigate further and expand the scope of the investigation to address the new allegations effectively. Consulting with an attorney ensures that the investigation remains legally sound and comprehensive.

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  • 19. 

    What must be proven first if a search authorization is to be issued?

    • Intent

    • Jurisdiction

    • Probable cause

    • Status of the member to be searched

    Correct Answer
    A. Probable cause
    Explanation
    In order for a search authorization to be issued, probable cause must be proven first. Probable cause refers to the reasonable belief that a crime has been committed or that evidence of a crime can be found in the place to be searched. It requires sufficient facts and circumstances that would lead a reasonable person to believe that a search would uncover evidence or contraband related to a crime. Without establishing probable cause, a search authorization cannot be granted.

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  • 20. 

    What type of evidence plays a direct part in the incident in question?

    • Real

    • Derivative

    • Documentary

    • Demonstrative

    Correct Answer
    A. Real
    Explanation
    Real evidence refers to physical evidence that is directly related to the incident in question. It includes tangible objects such as weapons, fingerprints, DNA samples, or any other physical item that can be presented in court to support or prove a claim. Real evidence is considered highly reliable as it provides concrete proof of the facts and events surrounding the incident.

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  • 21. 

    What form is used to maintain a complete chain of custody accounting of all personnel who handled evidence?

    • AF Form 52, Evidence Tag

    • AF Form 2521, Turnaround Transaction Log

    • DD Form 1327, Pick up and Transfer Request

    • DD Form 1342, Department of Defense (DOD) Property Record

    Correct Answer
    A. AF Form 52, Evidence Tag
    Explanation
    AF Form 52, Evidence Tag is used to maintain a complete chain of custody accounting of all personnel who handled evidence. This form is specifically designed for this purpose and ensures that there is a documented record of every individual who has come into contact with the evidence. By using this form, it becomes easier to track and verify the movement and handling of evidence, which is crucial for maintaining its integrity and admissibility in legal proceedings.

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  • 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?

    • 30

    • 45

    • 60

    • 75

    Correct Answer
    A. 75
    Explanation
    The correct answer is 75. In a GCM case where an ROI is published, the ROI should be completed within a maximum of 75 days from the date of the discovery of the offense. This means that the investigation and reporting should be completed within this time frame to ensure timely resolution of the case.

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  • 23. 

    What must be present if a person subject to the UCMJ is to be apprehended for an offense triable by court-martial?

    • Jurisdiction over the person

    • Intent to commit a crime

    • Witness to the offense

    • Probable cause

    Correct Answer
    A. Probable cause
    Explanation
    In order for a person subject to the UCMJ to be apprehended for an offense triable by court-martial, probable cause must be present. Probable cause refers to having enough evidence or information to believe that the person has committed a crime. It is a legal standard that ensures that law enforcement has a valid reason to make an arrest. Without probable cause, an apprehension would not be justified and could potentially violate the individual's rights. Therefore, probable cause is necessary to initiate legal proceedings and ensure a fair trial under the UCMJ.

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  • 24. 

    What must be met before an accused can be charfed for a violation of the UCMJ?

    • Lesser included offenses

    • Charges and specifications

    • All of the elements of the offense

    • There must be a witness to the offense

    Correct Answer
    A. All of the elements of the offense
    Explanation
    Before an accused can be charged for a violation of the UCMJ, all of the elements of the offense must be met. This means that each and every element required to prove the offense must be present and proven beyond a reasonable doubt. Without meeting all of the elements, the accused cannot be charged with the violation.

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  • 25. 

    For a court-martial, what must be done before selecting the Punitive Articles of the UCMJ that a member is suspected of committing?

    • Develop a proof analysis case

    • Consult the SJA

    • Draft the specifications

    • Read through all the evidence

    Correct Answer
    A. Read through all the evidence
    Explanation
    Before selecting the Punitive Articles of the UCMJ that a member is suspected of committing, it is necessary to read through all the evidence. This step is crucial to ensure a thorough understanding of the case and to gather all the relevant information before proceeding with the court-martial. By reviewing all the evidence, the court can make informed decisions about which specific articles of the UCMJ may apply to the member's suspected actions.

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  • 26. 

    What pamphlet do you compare the elements in the MCM against when listing elements within a proff analysis?

    • AFPAM 27-9

    • AFPAM 29-7

    • DA Pamphlet 27-9

    • DA Pamphlet 29-7

    Correct Answer
    A. DA Pamphlet 27-9
    Explanation
    When listing elements within a proff analysis, you compare them against the elements in the DA Pamphlet 27-9.

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  • 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?

    • Victim's Rights and Restitution Act of 1990

    • Victim and Witness Protection Act of 1982

    • Victim of Crimes Act of 1984

    • Crime Control Act of 1990

    Correct Answer
    A. Victim and Witness Protection Act of 1982
    Explanation
    The correct answer is the Victim and Witness Protection Act of 1982. This act includes provisions that encourage employers to continue to pay victims and witnesses for work absences in order to assist investigations and prosecutions.

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  • 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?

    • Victim's Rights and Restitiution Act of 1990

    • Victim and Witness Protection Act of 1982

    • Victim of Crimes Act of 1984

    • Crime Control Act of 1990

    Correct Answer
    A. Victim of Crimes Act of 1984
    Explanation
    The correct answer is the Victim of Crimes Act of 1984. This act allows for the compensation of crime victims using money collected from criminal fines, penalties, court costs, or other assessments imposed on convicted federal criminals. It provides a means for victims to receive financial assistance in certain limited circumstances.

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  • 29. 

    Which statement describes a victim who is entitled to transitional compensation?

    • Dependent of active duty military that was punitively separated as a result of court-martial

    • Dependent of active duty military that was administratively separated for misconduct

    • 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

    • 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

    Correct Answer
    A. 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
    Explanation
    The correct answer is the 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. This statement describes a victim who is entitled to transitional compensation because they were a dependent of a military member who was separated from active duty under a court-martial sentence for abusing a dependent. Transitional compensation is provided to victims of abuse within the military system to help them transition to civilian life and recover from the trauma they experienced.

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  • 30. 

    When interviewing a victim of the opposite sex, ensure you

    • Have at least three people present at all times

    • Read them their rights under Article 31, UCMJ

    • Have a member of security forces present at all times

    • Have another person of the same sex as the victim present

    Correct Answer
    A. Have another person of the same sex as the victim present
    Explanation
    When interviewing a victim of the opposite sex, it is important to have another person of the same sex as the victim present. This is to ensure the comfort and safety of the victim during the interview process. Having someone of the same sex present can help create a more supportive and understanding environment, where the victim may feel more comfortable sharing their experiences and emotions. It also helps to prevent any potential allegations of misconduct or inappropriate behavior during the interview.

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  • 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. 

    • Resentment

    • Inconvenience

    • Fear of involvement

    • Personality conflicts

    Correct Answer
    A. Inconvenience
    Explanation
    Some witnesses may be reluctant to disclose information because they feel that getting involved in an incident may require a great deal of time and they do not want to be inconvenienced. They may feel that their involvement will disrupt their daily routine or commitments, and they would rather avoid any inconvenience that may arise from their participation. This could lead to their reluctance in sharing information.

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  • 32. 

    What interview preparation step includes outlining topics to be covered and in what order?

    • Information sought

    • Familiarity with the case

    • Identifying and organizing

    • Background of the interviewee

    Correct Answer
    A. Information sought
    Explanation
    The interview preparation step that includes outlining topics to be covered and in what order is "Information sought". This step involves identifying the specific information or knowledge that the interviewer wants to gather during the interview and organizing it in a logical order. By outlining the topics to be covered, the interviewer can ensure that all relevant areas are addressed and that the interview stays focused and structured.

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  • 33. 

    What should you do first when conducting a witness interview?

    • Read the witness their Article 31, UCMJ, rights

    • Introduce defense counsel to the witness

    • Ask the witness to give a written statement

    • Identify yourself and any additional personnel witnessing the interview

    Correct Answer
    A. Identify yourself and any additional personnel witnessing the interview
    Explanation
    When conducting a witness interview, the first step should be to identify yourself and any additional personnel witnessing the interview. This is important to establish trust and transparency with the witness. It allows the witness to know who they are speaking to and who else may be present during the interview. This step sets the foundation for a productive and ethical interview process.

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  • 34. 

    What interview approach is primarily used during interrogations?

    • Direct

    • Indirect

    • Alternating

    • Combination

    Correct Answer
    A. Direct
    Explanation
    During interrogations, the primary interview approach used is the direct approach. This approach involves asking straightforward and specific questions to obtain information directly from the person being interrogated. It aims to elicit clear and concise responses without any ambiguity or room for misinterpretation. The direct approach is often employed to gather facts, establish timelines, and uncover the truth in a systematic and efficient manner.

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  • 35. 

    For members who have more than one type of special access to particular programs, CCs must obtain permission to proceed authorizations from

    • TJAG

    • DOD

    • DOJ

    • Each appropriate agency

    Correct Answer
    A. Each appropriate agency
    Explanation
    For members who have more than one type of special access to particular programs, CCs (Commanders of the Combatant Commands) must obtain permission to proceed authorizations from each appropriate agency. This means that if a member has special access to multiple programs, they need to seek permission from all the relevant agencies before proceeding with any authorizations. This ensures that all agencies involved are aware of and have approved the member's access to these programs, maintaining security and accountability.

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  • 36. 

    Your first step when drafting a memorandum to place a member on administrative hold is to detemine

    • The type of court-martial to be held

    • If the member is a witness or accused

    • The length of time the member will be on hold

    • Which AAC to use

    Correct Answer
    A. Which AAC to use
    Explanation
    When drafting a memorandum to place a member on administrative hold, the first step is to determine which AAC (Area Confinement Facility) to use. This is important because different AACs may have different capacities, resources, or security levels. By identifying the appropriate AAC, the member can be placed on hold in a facility that meets their specific needs and requirements.

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  • 37. 

    After an administrative hold memorandum is signed, what agency needs to have copy?

    • MPS

    • AFO

    • The member's unit

    • AFLOA/JAJM

    Correct Answer
    A. MPS
    Explanation
    After an administrative hold memorandum is signed, the agency that needs to have a copy is the MPS (Military Personnel Section). The MPS is responsible for managing and maintaining personnel records, including any administrative holds placed on a member. By having a copy of the memorandum, the MPS can ensure that the hold is properly implemented and tracked in the member's records. This allows for effective communication and coordination between the member's unit and the MPS regarding the administrative hold.

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  • 38. 

    Which of the following identifies a member that has conditions put on her/his liberty?

    • Member has been physically retrained

    • Member has been restricted to a specific area

    • Moral restraint has been imposed upon the member

    • Member has been ordered to do or refrain from doing specified acts

    Correct Answer
    A. Member has been ordered to do or refrain from doing specified acts
    Explanation
    The correct answer is "Member has been ordered to do or refrain from doing specified acts." This option indicates that the member's liberty has been limited by being given specific instructions on what they can or cannot do. The other options, such as physical restraint, restriction to a specific area, or moral restraint, do not necessarily involve the imposition of conditions on the member's liberty in the same way.

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  • 39. 

    Which action must be accomplished within 48 hours of a member being place in PTC?

    • Charges must be preferred on the member

    • A probable cause determination must be made

    • The confinement facility notifies the accused's unit CC

    • The confinement facility ensures the accused receives a medical examination

    Correct Answer
    A. A probable cause determination must be made
    Explanation
    Within 48 hours of a member being placed in PTC, a probable cause determination must be made. This means that a decision needs to be reached as to whether there is sufficient evidence to believe that the accused committed the alleged offense. This determination is crucial in ensuring that the accused's rights are protected and that they are not unjustly detained. It also helps to initiate the legal process and determine the appropriate course of action for the accused.

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  • 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?

    • 24 hours

    • 48 hours

    • Seven days

    • Eight days

    Correct Answer
    A. Seven days
    Explanation
    A PCRO must conduct a review of the probable cause determination and decide to continue PTC or release the member within a maximum period of seven days. This means that the PCRO has up to seven days to review the determination and make a decision on whether to continue with Pretrial Confinement (PTC) or release the member.

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  • 41. 

    R.C.M 707 (a) requires an accused be brought to trial within 120 days after

    • Referral of charges

    • Preferral of charges

    • Release from pretrial restraint

    • Date of discovery of an offense

    Correct Answer
    A. Preferral of charges
    Explanation
    The correct answer is "preferral of charges." According to R.C.M 707 (a), an accused must be brought to trial within 120 days after the preferral of charges. This means that once the charges have been formally brought against the accused, the trial must commence within the specified time frame. This ensures that the accused's right to a speedy trial is protected and prevents unnecessary delays in the legal process.

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  • 42. 

    If a member refuses trail by SCM, then

    • The member must submit a request to be discharged

    • The member must accept NJP

    • The member must submit resignation in lieu of court-martial

    • Charges may be preferred to trial by special or general court-martial as appropriate

    Correct Answer
    A. Charges may be preferred to trial by special or general court-martial as appropriate
    Explanation
    If a member refuses trial by SCM (Summary Court-Martial), it means that they do not want to go through the simplified and expedited court-martial process. In this case, the appropriate action would be to prefer charges against the member and proceed with a trial by special or general court-martial, depending on the severity of the offense. This ensures that the member is given a fair and thorough trial, with the appropriate level of legal proceedings based on the circumstances.

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  • 43. 

    If found guilty in a GCM, the most severe discharge that can be adjudged on an enlisted member is

    • A dismissal

    • A bad conduct discharge

    • A dishonorable discharge

    • An other than honorable conditions discharge

    Correct Answer
    A. A dishonorable discharge
    Explanation
    A dishonorable discharge is the most severe discharge that can be adjudged on an enlisted member if found guilty in a General Court-Martial (GCM). This type of discharge is reserved for individuals who have committed serious offenses, such as treason, murder, or sexual assault. It is considered the most severe form of punishment and carries significant consequences, including the loss of all military benefits and the stigmatization of having a dishonorable discharge on one's record.

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  • 44. 

    A GCM is composed of a military judge and not less than how many members for non-capital cases?

    • Three

    • Five

    • Ten

    • Twelve

    Correct Answer
    A. Five
    Explanation
    A General Court-Martial (GCM) for non-capital cases is composed of a military judge and a minimum of five members. This means that there must be at least five individuals serving on the court-martial panel alongside the judge. These members play a crucial role in the decision-making process during the trial, as they contribute their perspectives and opinions to reach a fair and just verdict.

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  • 45. 

    Which of the following indicates a properly typed fourth charge on DD Form 458, Charge Sheet?

    • Charge 4: Violation of the Uniform Code of Military Justice (UCMJ), Article 86

    • Charge IV: Violation of the UCMJ, Article 86

    • CHARGE 4: Violation of the UCMJ, Article 86

    • CHARGE IV: Violation of the UCMJ, Article 86

    Correct Answer
    A. CHARGE IV: Violation of the UCMJ, Article 86
    Explanation
    The correct answer is "CHARGE IV: Violation of the UCMJ, Article 86". This is the properly typed fourth charge because it follows the correct format of using Roman numerals to indicate the charge number and capital letters for the charge description. The use of "IV" and "CHARGE" is consistent with the formatting guidelines for a charge sheet. Additionally, the use of "Violation of the UCMJ, Article 86" accurately describes the offense being charged.

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  • 46. 

    Which of the following indicates that the statute of limitations has been tolled?

    • Receipt of sworn charges

    • Charges have been referred

    • Charges have been investigated

    • Receipt of the ROI

    Correct Answer
    A. Receipt of sworn charges
    Explanation
    The receipt of sworn charges indicates that the statute of limitations has been tolled. When someone files sworn charges, it means that they have officially accused someone of a crime and initiated legal proceedings. This starts the clock on the statute of limitations, meaning that the time limit for bringing charges against the accused is paused or "tolled" during the investigation and legal process. Therefore, the receipt of sworn charges is a clear indication that the statute of limitations has been tolled.

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  • 47. 

    What must take palce before charges can be referred to a GCM for trial?

    • CA must sign the covening order

    • Trial counsel must give the CA pretrial advice

    • An investigation under Article 32, UCMJ

    • SJA must choose the member panel

    Correct Answer
    A. An investigation under Article 32, UCMJ
    Explanation
    Before charges can be referred to a General Court-Martial (GCM) for trial, an investigation under Article 32, UCMJ must take place. This investigation is conducted to determine if there is enough evidence to support the charges and if a trial is warranted. The purpose of the investigation is to gather all relevant facts and information, interview witnesses, and assess the strength of the case. Once the investigation is complete, the findings are presented to the Convening Authority (CA) who then decides whether to refer the charges to a GCM for trial.

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  • 48. 

    When referral to a GCM is recommended, the SJA's pretrial advice must contain

    • The names of the witnesses who may be called at trial

    • Maximum permissible punishments for each offense alleged

    • Personal opinions as to whether the accused committed the offenses

    • A recommendation of the action to be taken by the CA

    Correct Answer
    A. A recommendation of the action to be taken by the CA
    Explanation
    The correct answer is a recommendation of the action to be taken by the CA. When a referral to a General Court-Martial (GCM) is recommended, the Staff Judge Advocate (SJA) must provide pretrial advice that includes a recommendation of the action to be taken by the Convening Authority (CA). This means that the SJA should advise the CA on whether to proceed with the GCM or consider alternative actions such as nonjudicial punishment or administrative actions. The SJA's recommendation plays a crucial role in guiding the CA's decision-making process regarding the appropriate course of action in the case.

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  • 49. 

    When a list of proposed panel members is sent to the CA, what type of data must accompany the member list?

    • Disciplinary

    • Financial

    • Award

    • Credit

    Correct Answer
    A. Credit
    Explanation
    When a list of proposed panel members is sent to the CA, the type of data that must accompany the member list is credit data. This could include information about the panel members' past experience, qualifications, and achievements in relevant fields. It is important to include credit data to ensure that the panel members are suitable and credible for the task at hand.

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Quiz Review Timeline (Updated): Mar 20, 2023 +

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

  • Current Version
  • Mar 20, 2023
    Quiz Edited by
    ProProfs Editorial Team
  • May 09, 2013
    Quiz Created by
    Neshanne

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