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75 Cards in this Set

  • Front
  • Back
Hearsay is generally not admitted in evidence.

1. True
2. False
1. True
Dying declarations of an alleged victim are excepted (an exception) from what rule?

1. Documentary
2. Res gestae
3. Prima facie
4. Hearsay
4. Hearsay
In most cases, if a dying declaration is to be introduced at a trial for criminal homicide, in what condition must the person be at the time of trial?

1. Dead
2. Critical
3. In extremity
4. Impending death
1. Dead
Which of the following is an example of an exception to hearsay testimony?

1. Affidavit
2. Res gestae
3. Prima facie
4. Documentary
2. Res gestae
Which of the following definitions best describes res gestae?

1. Any evidence that is admissible as hearsay
2. A statement made under conditions where the victim was in extremity
3. Voluntary exclamations or acts made at the time the offense was committed
4. Involuntary exclamations or acts made at the time the offense was committed
4. Involuntary exclamations or acts made at the time the offense was committed
During trial, evidence is first introduced by whom?

1. The prosecution
2. The defense counsel
3. The court bailiff
4. The senior court member
1. The prosecution
When, if ever, may one witness be present in court while another witness testifies?

1. When the judge orders the witness to hear the testimony
2. When the trial counsel and defense counsel agree to the presence of the witness
3. When the second witness has finished his or her testimony
4. Never
4. Never
Objection to a witness on grounds of incompetence is made at what time?

1. Before the court convenes only
2. Before the court reaches a verdict only
3. Before the witness is sworn only
4. At any time
3. Before the witness is sworn only
A court-martial convened by the Navy can require the appearance of witnesses from which of the following services?

1. Navy only
2. Navy and Marine Corps only
3. Navy, Marine Corps, and Coast Guard only
4. All Armed Forces
4. All Armed Forces
When a witness is stationed near the location where the court convenes, by whom is the witness notified?

1. CO of the witness
2. Trial counsel
3. Military judge
4. Defense counsel
2. Trial counsel
When practicable, a request for the attendance of a military witness is made to allow a minimum notice of how many hours before court convenes?

1. 12
2. 24
3. 48
4. 72
2. 24
A subpoena is normally issued for a civilian witness a minimum of how many hours before the time the witness must travel from home to comply with the subpoena?

1. 12
2. 24
3. 48
4. 72
2. 24
When, if ever, may an accused be forced to testify?

1. When ordered by his or her CO
2. When compelled by a military judge
3. When the defense counsel calls him or her to the witness stand
4. Never
4. Never
When is an accomplice competent to testify?

1. At all times
2. In a capital offense only
3. When asked by the judge only
4. When a credible witness only
1. At all times
When, if ever, may a trial counsel be required to testify?

1. After the verdict
2. Before the court proceedings
3. When his or her testimony is desired
4. Never
3. When his or her testimony is desired
A child must be 16 years old in order for his or her testimony to be admissible.

1. True
2. False
2. False
When, if ever, may a husband testify to confidential communications received from his wife?

1. When the wife has given consent
2. When ordered by the judge
3. Under any circumstances
4. Never
1. When the wife has given consent
In cross-examination, what type of evidence may NOT be introduced to attack the credibility of the witness?

1. Proving that the witness was convicted of a crime involving moral depravity
2. Testimony as to the character of the witness
3. Proving that the witness was previously convicted of perjury
4. Testimony that the witness has a bad reputation for truthfulness
2. Testimony as to the character of the witness
Who decides whether or not a witness is competent to testify?

1. The trial counsel only
2. The defense counsel only
3. The judge only
4. The trial counsel, the defense counsel, or the judge
3. The judge only
The testimony of a witness may be impeached if it is proved that the witness made contradictory statements during the present trial.

1. True
2. False
1. True
Which of the following is a definition of a deposition?

1. A written declaration under oath or affirmation made by a witness in the presence of the adverse party
2. An oral declaration under oath made by a witness in the presence of the adverse party
3. A written declaration made by the accused and witnessed by two other persons
4. An oral declaration made by an accused and witnessed by two other persons
1. A written declaration under oath or affirmation made by a witness in the presence of the adverse party
A deposition may be taken by which of the following persons?

1. A legal officer
2. A court officer
3. A notary public
4. Each of the above
4. Each of the above
Depositions are NOT in violation of the hearsay rule for what reason(s)?

1. Because the witness is placed under oath only
2. Because there is an opportunity for cross-examination only
3. Because the witness is under oath and there is an opportunity for cross-examination
4. Because the accused is present while the deposition is taken
3. Because the witness is under oath and there is an opportunity for cross-examination
An affidavit differs from a deposition in what way?

1. An affidavit is made without giving the other side an opportunity to ask questions of the declarer
2. An affidavit is unsworn
3. An affidavit is hearsay
4. An affidavit is always admissible
1. An affidavit is made without giving the other side an opportunity to ask questions of the declarer
During the examination of a witness, the fourth examination of the witness is known by what term?

1. Redirect examination
2. Re-cross-examination
3. Cross-examination
4. Cross-direct-examination
2. Re-cross-examination
Leading questions are allowed in court proceedings at which of the following times?

1. When asked by the defense counsel
2. When asked by the trial counsel
3. When the witness appears hostile to the party who called him or her
4. When a double question is asked
3. When the witness appears hostile to the party who called him or her
Are double questions allowed in court? If so, under what circumstances?

1. Yes; when asked by the trial counsel
2. Yes; to shorten court proceedings
3. Yes; when confronted by a hostile witness
4. No
4. No
During a trial, which of the following types of questions is NOT forbidden?

1. Classified military question
2. Incriminating question
3. Degrading question dealing with a material issue of a trial
4. Degrading question dealing with a minor issue of a trial
3. Degrading question dealing with a material issue of a trial
A witness may NOT give his or her opinion regarding which of the following characteristics of a person?

1. Sanity
2. Sobriety
3. Identity
4. Guilt
4. Guilt
Are witnesses allowed to discuss their testimony with any of the following persons? If so, with whom?

1. Yes; the accused
2. Yes; other witnesses
3. Yes; any court official
4. No
4. No
Of the following types of offenses, which one should be tried at a summary court-martial?

1. Major
2. Minor
3. Capital
4. Serious
2. Minor
A summary court-martial has no civilian equivalent.

1. True
2. False
1. True
The power to convene a summary court-martial rests with what authority?

1. JAG office
2. Executive officer
3. Commanding officer
4. Authorized command
4. Authorized command
An individual tried by a state court may only be retried by a summary court-martial with the permission of what authority?

1. Commanding officer
2. Secretary of the Navy
3. Chief of Naval Operations
4. Officer exercising general court-martial jurisdiction
4. Officer exercising general court-martial jurisdiction
Before any case may be brought before a summary court-martial, the court must be properly

1. Charged
2. Convened
3. Regulated
4. Documented
2. Convened
A summary court-martial is created in what manner?

1. By order of the convening authority detailing the summary court-martial officer
2. By annotation on the report chit referring it to court-martial
3. By order of the commanding officer
4. By order of the executive officer
1. By order of the convening authority detailing the summary court-martial officer
A summary court-martial requires how many officers?

1. One
2. Two
3. Three
4. Four
1. One
The summary court-martial officer must be at least what grade?

1. 01
2. 02
3. 03
4. 04
3. 03
When the convening authority is the only commissioned officer in a unit and he wishes to convene a summary court-martial, which of the following actions is recommended?

1. Take the accused to mast
2. Refer the case to the next higher authority
3. Forward the case to another command
4. Appoint an officer from another command
4. Appoint an officer from another command
Which of the following personnel may be tried by a summary court-martial?

1. A commissioned officer
2. A warrant officer
3. A petty officer
4. A midshipman
3. A petty officer
If the number of charges exceeds the amount of room provided on a charge sheet, what action should be taken?

1. Continue the charges on a second charge sheet
2. Place them on a separate sheet of paper as enclosure (1)
3. Place them on a separate sheet of paper as attachment A
4. Place them in part II of the charge sheet
3. Place them on a separate sheet of paper as attachment A
The signature of the accuser should appear in what block of the charge sheet?

1. I
2. II
3. III
4. IV
3. III
For what reason is an accused informed of the charges?

1. To provide a reasonable notice of impending prosecution
2. To provide a forum notice of the charges
3. To start the speedy trial requirement
4. To start the statute of limitations
1. To provide a reasonable notice of impending prosecution
Once the referral of a summary court-martial case has been properly executed, what action should be taken next?

1. Prepare the convening order
2. Inform the accused of the charges
3. Conduct a preliminary inquiry
4. Forward the case file to the summary court-martial officer
4. Forward the case file to the summary court-martial officer
After referral, are changes allowed on the charge sheet to correct minor errors? If so, in what manner?

1. Yes; but the charges must be re-sworn
2. Yes; but the changes must be initialed by the accused
3. Yes; but the changes must be initialed by the summary court-martial officer
4. No
3. Yes; but the changes must be initialed by the summary court-martial officer
Of the following documents, which one contains information on a pretrial conference for a summary court-martial?

1. JAGMAN
2. Charge sheet
3. MCM, Appendix VI
4. MCM, Appendix IX
4. MCM, Appendix IX
May reduction in rate be awarded at a summary court-martial for E-5 and above? If so, to what maximum number of inferior pay grades?

1. Yes; one
2. Yes; two
3. Yes; three
4. No
1. Yes; one
At a summary court-martial, the accused has a statutory right to civilian counsel at military expense.

1. True
2. False
2. False
In which, if any, of the following documents may the trial guide for a summary court-martial be found?

1. MCM Appendix IX
2. JAG Manual, Chapter 5
3. Navy Legal Manual, Chapter 2
4. None of the above
1. MCM Appendix IX
Who is responsible for making sure only legal and competent evidence is presented at a summary court-martial?

1. The accused’s defense counsel
2. The court-martial officer
3. The convening authority
4. The accused
2. The court-martial officer
If a summary court-martial officer has a question regarding the admissibility of evidence, from what source should assistance be obtained?

1. Area coordinator
2. Any judge advocate
3. Convening authority
4. Navy legal service office
4. Navy legal service office
What are the major steps of a summary court-martial?

1. Charges, pleas, presentation of the evidence, findings, and sentence
2. Arraignment, motions, pleas, presentation of the evidence, findings, and sentence
3. Motions, pleas, findings, and sentence
2. Arraignment, motions, pleas, presentation of the evidence, findings, and sentence
At a summary court-martial, an accused may change any plea at any time before which of the following events?

1. Sentencing
2. Arraignment
3. Findings are announced
4. Presentation of evidence
3. Findings are announced
When evidence is presented at a summary court-martial, the witnesses for the accused are called first.

1. True
2. False
2. False
A special court-martial must have a minimum of how many members?

1. One
2. Two
3. Three
4. Four
3. Three
A special court-martial consisting of three members, counsel, but no military judge may NOT award which of the following punishments?

1. Bad conduct discharge
2. Confinement for 6 months
3. Reduction in rate to E-1
4. Forfeiture of two-third’s pay per month for 6 months
4. Forfeiture of two-third’s pay per month for 6 months
In a special court-martial with military judge and members, what person is responsible for presiding during deliberations?

1. Military judge
2. Senior member
3. Trial counsel
4. Elected member
2. Senior member
What are the elements needed for a court-martial to properly try a case?

1. Jurisdiction over the offense, defendant, and proper convening authority
2. Jurisdiction over the offense and defendant only
3. Defendant and proper convening authority only
1. Jurisdiction over the offense, defendant, and proper convening authority
Which of the following groups of members may properly sit on a special court-martial of an accused Navy Lieutenant?

1. CDR, LT, and ENS
2. LT, LTJG and CW02
3. LCDR, LTJG, and ENS
4. CDR, MAJ (USMC), and LCDR
4. CDR, MAJ (USMC), and LCDR
When an enlisted accused requests enlisted members sit on a special court-martial, what fraction of the court must consist of enlisted members?

1. One-fourth
2. One-third
3. One-half
4. Two-thirds
2. One-third
When enlisted members are requested, but cannot be assigned due to extraordinary circumstances, what action must be taken?

1. The reasons must be annotated in the special instructions block of the charge sheet
2. The reasons must be explained in the convening order
3. The convening authority must forward a detailed explanation to the trial counsel
4. An explanation must be prepared for inclusion in the issuing order
3. The convening authority must forward a detailed explanation to the trial counsel
The military judge of a special court-martial should have which of the following qualifications?

1. Commissioned officer
2. A member of the bar of a Federal court
3. Certified by the Judge Advocate General
4. All of the above
4. All of the above
When charges are officially withdrawn on the charge sheet, who must initial and date the changes?

1. The defendant
2. The trial counsel
3. The convening authority
4. The prosecuting attorney
3. The convening authority
In what way should a convening authority withdraw a case from one court and refer it to a new court?

1. By preparing a new page 1 to the charge sheet
2. By preparing a new page 2 to the charge sheet
3. By executing a new block 10 referral on the charge sheet
4. By executing a new block 14 referral to the charge sheet
4. By executing a new block 14 referral to the charge sheet
While awaiting trial, an accused commits new offenses. How should these additional charges be referred?

1. By making pen and ink changes to the original charge sheet
2. By completing a new charge sheet
3. By completing a new page 1 of the charge sheet
4. By attaching a continuation page to the original charge sheet
2. By completing a new charge sheet
At a special court-martial in times of peace, an accused should be brought to trial a minimum of how many days after formal charges have been served?

1. 1
2. 2
3. 3
4. 4
3. 3
What means of communication should the trial counsel use to notify the accused?

1. By letter
2. In person
3. The charge sheet
4. By written orders
2. In person
Of the following types of pleas, which one is the strongest form of proof known to the law?

1. Guilty
2. Not guilty
3. Conditional
4. Nolo contendere
1. Guilty
A special court-martial is composed of five members. How many members must agree on a finding of guilty?

1. Five
2. Two
3. Three
4. Four
4. Four
In a court-martial, for what reason are matters in mitigation of an offense introduced?

1. To lessen the punishment adjudged by the court
2. To explain the circumstances surrounding the offense
3. To aid the court in determining an appropriate sentence
4. To form a legal justification for the offense
1. To lessen the punishment adjudged by the court
In a member’s trial, who is responsible for announcing the sentence?

1. Bailiff
2. Trial counsel
3. Military judge
4. President of the court
4. President of the court
Which of the following types of courts-martial provides the greatest penalties provided by military law?

1. Summary
2. Special
3. General
3. General
Of the following types of investigation, which one must be conducted before a general court-martial may lawfully occur?

1. Formal
2. General
3. Pretrial
4. Preliminary
1. Formal
What is the purpose of an Article 32 pretrial investigation?

1. To formally inquire into the allegations contained in the charge sheet
2. To prepare the government’s case against the accused
3. To ensure the allegations made in the charge sheet are factual
4. To ensure the viability of the evidence presented in the case
1. To formally inquire into the allegations contained in the charge sheet
What action initiates an Article 32 pretrial investigation?

1. Written request from the trial counsel
2. Written orders of the convening authority
3. Written request from the president of the court
4. The completion of DD Form 457
2. Written orders of the convening authority