NL400 Exam Questions and Answers

Article 88 Ans: Contempt toward officials. Accused is a commissioned officer and used language against an official/legislature. Article 89 Ans: Disrespect toward a superior commissioned officer. Disrespectful, and the accused knew they were superior Fraternization Definition Ans: Unduly fam...

Who can convene a Court-Martial? Ans: -Summary Courts-Martial (SCM): UCMJ Art. 24 All Commanding Officers -Special Courts-Martial (SPCM): UCMJ Art. 23 Battalion & Squadron Commanding Officers (O-5 and above) Any unit or activity in the Navy with an O-4 or above in charge Designated Navy and US...

Hierarchy of Laws Ans: US Constitution, Laws, Regulations, Other Documents ( Guidance, Policies, etc.) Codified Law Ans: law made by congress or legislation; establishes the law Court-made law Ans: rule made by judges who have proper jurisdiction; interprets the law Federal and State jurisdict...

When does UCMJ apply Ans: All the time Military court Ans: The decider: CO (called convening authority when so acting) Civilian court Ans: The decider: Prosecutors, lawyers Military court vs. civilian court (similarities) Ans: Trial by jury/peers, burden of proof (how sure do we have to be be...

Sources of international law and loac Ans: Customary International Law International Agreements (treaties) Principles of LOAC (Jus in Bello) Ans: Proportionality Distinction Necessity Unnecessary Suffering Proportionality Ans: An attack which may be expected to cause incidental loss of civi...

Three elements of a court martial Ans: 1) military crime 2) military accused (or subject to UCMJ) 3) convening authority People subject to UCMJ Ans: 1) active duty 2) reservists when an offense is committed while activated/on AD 3) MIDN and cadets 4) Civilians (when accompanying the force) ...

where does UCMJ jurisdiction apply Ans: geographically everywhere; active duty, reservists actively drilling, active duty retired which amendment defines rules for searches Ans: 4 who grants a search authorization/warrant Ans: CO/military judge (command search authorization), local civilian d...

What are the five burdens of proof? Ans: 1. BEYOND Reasonable Doubt 2. Clear & Convincing Evidence 3. Preponderance 4. Probable Cause 5. Reasonable Suspicion Beyond Reasonable Doubt Ans: Court Martial, Criminal Cases The standard that must be met by the prosecution's evidence in a criminal ...

Three elements of a court martial Answer> 1) military crime 2) military accused (or subject to UCMJ) 3) convening authority People subject to UCMJ Answer> 1) active duty 2) reservists when an offense is committed while activated/on AD 3) MIDN and cadets 4) Civilians (when accompanying ...

When does UCMJ apply Answer> All the time Military court Answer> The decider: CO (called convening authority when so acting) Civilian court Answer> The decider: Prosecutors, lawyers Military court vs. civilian court (similarities) Answer> Trial by jury/peers, burden of proof (how ...

Sources of international law and loac Answer> Customary International Law International Agreements (treaties) Principles of LOAC (Jus in Bello) Answer> Proportionality Distinction Necessity Unnecessary Suffering Proportionality Answer> An attack which may be expected to cause incid...