Nl400 - Study guides, Class notes & Summaries

Rights at NJP you do have Ans: Preponderance of evidence (51%) Can not be tried twice for the same thing Can not be NJPd for crime you have been tried for federally Right to know what you're accused of Right to refuse unless attached to or embarked on vessel Right to appeal Right to present defense Right to an open and public trial Summary Courts Martial (SCM)- Who can convene? Ans: All commanding officers (Art 24) Rights you don't have at NJP Ans: No right to attorney 2 Special ...

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 case: that there is no other logical explanation, based on the facts, except that the defendant committed the crime Clear and Convincing Evidence Ans: Line of Duty Investigations (LOD) & Article...

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 USMC commanders -General Courts-Martial (GCM): UCMJ Art. 22 All flag officers or immediate temporary successors in command of Navy or Marine Units A limited number of O-6's Designated commanders 2...

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 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....

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 jurisdiction is based on Ans: territory military jurisdiction is based on Ans: Chain of Command

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 district court judge (off base search warrant) search requirements Ans: government actor acting in an official capacity, looking for evidence of misconduct, reasonable expectation of privacy ins...

Law NL400 Final Test Latest Update @ 2024 ...

NL400 Final Exam # 1 Test Questions With Complete ...

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 familiar, personal relationship Fails to respect differences in grade or rank What if I have an enlisted friend? Ans: Must prove that it was prejudicial to good order & discipline (PGOD) or servicedi...