Nl400 final exam - 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...

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...

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...

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...

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....

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...