Nl400 - Study guides, Class notes & Summaries

NL400 (Law for the Junior Officer) Final Exam Questions And Accurate Answers ...

Three elements of a court martial - 1) military crime 2) military accused (or subject to UCMJ) 3) convening authority People subject to UCMJ - 1) active duty 2) reservists when an offense is committed while activated/on AD 3) MIDN and cadets 4) Civilians (when accompanying the force) 5) POWs 6) Retirees under certain conditions 3 types of courts-martial and respective convening authority level - 1) Summary. May be convened by any COs 2) Special. May be convened by any unit in the N...

When does UCMJ apply - All the time Military court - The decider: CO (called convening authority when so acting) Civilian court - The decider: Prosecutors, lawyers Military court vs. civilian court (similarities) - Trial by jury/peers, burden of proof (how sure do we have to be before you did it? Beyond a reasonable doubt), both are beholden to the supreme court of the US UA (Unauthorized Absence) - Meant to go back to the Navy Desertion - intent to never return to the Navy; lacki...

Hierarchy of Laws - US Constitution, Laws, Regulations, Other Documents ( Guidance, Policies, etc.) Codified Law - law made by congress or legislation; establishes the law Court-made law - rule made by judges who have proper jurisdiction; interprets the law Federal and State jurisdiction is based on - territory military jurisdiction is based on - Chain of Command military jurisdiction applies - everywhere person subject to military jurisdiction include - active duty (all); rese...

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 sure do we have to be before you did it? Beyond a reasonable doubt), both are beholden to the supreme court of the US UA (Unauthorized Absence) Answer> Meant to go back to the Navy Desertion...

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 the force) 5) POWs 6) Retirees under certain conditions 3 types of courts-martial and respective convening authority level Answer> 1) Summary. May be convened by any COs 2) Special. May be con...

Sources of international law and loac - Customary International Law International Agreements (treaties) Principles of LOAC (Jus in Bello) - Proportionality Distinction Necessity Unnecessary Suffering Proportionality - An attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated, is prohibited. Distinct...

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 before you did it? Beyond a reasonable doubt), both are beholden to the supreme court of the US UA (Unauthorized Absence) Ans: Meant to go back to the Navy 2 Desertion Ans: intent to never return...

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) 5) POWs 6) Retirees under certain conditions 3 types of courts-martial and respective convening authority level Ans: 1) Summary. May be convened by any COs 2 2) Special. May be convened by any un...

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 incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticip...