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168 Cards in this Set

  • Front
  • Back

Which type of fact must not be subjected to reasonable dispute?

Judicially noticed

Which Amendment to the Constitution provides the privileges against self-incrimination?

5th Amendment

Which UCMJ Article provides privileges against self-incrimination?

Article 31

What is defined as an acknowledgment of guilt?

Confession

What is defined as a self-incriminating statement falling short of an acknowledgment of guilt, even if it was intended by its maker to be exculpatory?

Admission

What includes any formal or informal questioning in which an incriminating response either is sought or is a reasonable consequence of such questioning?

Interrogation

Which Mil. R. Evid should be referred to for guidance concerning probable cause searches?

315

What is defined as an express permission to search and seize that is issued by a competent civilian authority?

Search Warrant

Which Mil. R. Evid should be referred to for guidance concerning seizures?

316

Which R.C.M. governs Apprehension?

302

Which Mil. R. Avid should be referred to for guidance concerning interception of wire and oral communications?

317

Which term means evidence having any tendency to make the existence of any fact that is consequence to the determination of the action more probable or less probable than it would be without the evidence?

Relevant Evidence

Which Mil. R. Avid should be referred to for guidance concerning methods of proving character?

405

Which term means the stimation in which a person generally is held in the community in which the person lives or pursued a business or profession?

Reputation

Which term refers to an alleged victims mode of dress, speech, or lifestyle that does not directly refer to sexual activities or thoughts but may have a sexual connotation for the fact finder?

Sexual Predisposition

Which Mil. R. Evid should be referred to for guidance concerning communications to clergy?

503

Which Mil. R. Evid should be referred to for guidance concerning husband-wife privilege?

504

Which Mil. R. Evid should be referred to for guidance concerning classified information?

505

Who is authorized to prescribe security procedures for protection against the compromise of classified information submitted to Courts-Martial and appellate authorities?

SECDEF

Which Mil. R. Evid should be referred to for guidance concerning informant identity?

507

Which Mil. R. Evid should be referred to for guidance concerning political votes?

508

Which Mil. R. Evid should be referred to for guidance concerning deliberations of courts and juries?

509

Which Mil. R. Evid should be referred to for guidance concerning privileges matter disclosed under compulsion or without opportunity to claim privilege?

511

Which Mil. R. Evid should be referred to for guidance concerning psychotherapist-patient privilege?

513

Which Mil. R. Evid should be referred to for guidance concerning victim advocate-victim privilege?

514

Which term identifies any person who suffered direct physical or emotional harm as the result of a sexual or violent offense?

Victim

Which Mil. R. Evid should be referred to for guidance concerning the competency of a military judge as a witness?

605

Which Mil. R. Evid should be referred to for guidance concerning religious beliefs or opinions?

610

When should leading questions ordinarily be permitted?

Cross examination

The term "child" means a person who is under what age at the time of their testimony?

16

Which term means child pornography or child prostitution?

Exploitation

Which Mil. R. Evid should be referred to for guidance concerning prior statements to witnesses?

613

Which Mil. R. Evid should be referred to for guidance concerning opinion testimony by lay witnesses?

701

Which Mil. R. Evid should be referred to for guidance concerning testimony by experts?

702

Which UCMJ Article grants the trial counsel, defense counsel, and the court martial equal opportunity to obtain expert witnesses?

Article 46

Which R.C.M. governs the employment and compensation of expert witnesses?

R.C.M. 703

Which Mil. R. Evid should be referred to for guidance concerning polygraph examinations?

Article 707

Which term identifies a person who makes a statement?

Declarant

Which term identifi3s a statement, other than the one made by the declaring while testifying at the trial or hearong, offered in evidence to prove the truth of the matter asserted?

Hearsay

Which Mil. R. Evid should be referred to for guidance concerning hearsay within hearsay?

805

Which Mil. R. Evid should be referred to for guidance concerning requirement of authentification or identification?

901

Amendments to the Federal Rules of Evidence shall apply to the Military Rules of Evidence how many months after the effective date of such amendments?

18 months

Which UCMJ Article makes clear that a person need not personally perform the acts necessary to constitute an offense to be guilty of it?

Article 77

Which UCMJ Article should be referred to for guidance concerning accessory after the fact?

Article 78

What is the maximum confinement period that may be adjudged for Article 78 convictions?

10 years

Which UCMJ Article should be referred to for guidance concerning attempts?

Article 80

What is the maximum confinement period that,may be adjudged for Article 80 convictions?

20 years

Which UCMJ Article should be reffered to for guidance concerning conspiracy?

Article 81

How many or more persons are required in order to have a conspiracy?

2 or more persons

Which UCMJ Article should be referred to for guidance concerning solicitation?

Article 82

What is the maximum confinement period that may be adjudged for soliciting desertion under Article 82?

3 years

Which UCMJ Article should be reffered to for guidance concerning fraudulent enlistment, appointment, or separation?

Article 83

What is the maximum confinement period that may be adjudged for a fraudulent enlistment or appointment?

2 years

What is the maximum confinement period that may be adjudged for a fraudulent separation?

5 years

Which UCMJ Article should be reffered to for guidance concerning desertion?

Article 85

What is the maximum confinement period that may be adjudged for a completed or attempted desertion with the intent to avoid hazardousduty or to shrink important service?

5 years

Which UCMJ Article should be reffered to for guidance concerning absence without leave?

Article 86

What is the maximum confinement period that may be adjudged for absence from the unit, organization, or other place of duty for more than 3 days but not more than 30 days?

6 months

What is the maximum confinement period that may be adjudged for absence from the unit, organization, or other place of duty for more than 30 days?

1 year

Which UCMJ Article should be reffered to for guidance concerning missing movement?

Article 87

What is the maximum confinement period that may be adjudged for missing movement by design?

2 years

What is the maximum confinement period that may be adjudged for missing movement through neglect?

1 year

Which UCMJ Article should be reffered to for guidance concerning contempt toward officials?

Article 88

What is the maximum confinement period that may be adjudged for contempt towards officials under Article 88?

1 year

Which UCMJ Article should be reffered to for guidance concerning disrespect toward a superior commissioned officer?

Article 89

What is the maximum confinement period that may be adjudged for disrespect toward a superior commissioned officer?

1 year

Which UCMJ Article should be reffered to for guidance concerning assaulting a willfully disobeying a superior commissioned officer?

Article 90

What is the maximum confinement period that may be adjudged for assaulting or willfully disobeying a superior commissioned officer?

10 years

Which UCMJ Article should be reffered to for guidance concerning insubrdinate conduct toward a Warrant Officer, noncommissioned officer, or petty officer?

Article 91

What is the maximum confinement period that may be adjudged for striking or assaulting a Warrant Officer?

5 years

What is the maximum confinement period that may be adjudged for striking or assaulting superior noncommisioned or petty officers?

3 years

What is the maximum confinement period that may be adjudged for willfully disobeying the lawful order of a Warrant Officer?

2 years

What is the maximum confinement period that may be adjudged for willfully disobeying the lawful order of a non-commissioned or petty officer?

1 year

What is the maximum confinement period that may be adjudged for contempt or disrespect towards a Warrant Officer?

9 months

Which UCMJ Article should be reffered to for guidance concerning failure to obey orders or regulations?

Article 92

What is the maximum confinement period that may be adjudged for the violation of or failure to obey lawful general order or regulations?

2 years

Which UCMJ Article should be reffered to for guidance concerning cruelty and maltreatment?

Article 93

What is the maximum confinement period that may be adjudged for cruelty and maltreatment?

1 year

Which UCMJ Article should be reffered to for guidance concerning Mutiny and Sedition?

Article 94

How many different types of mutiny are defined Article 94(a)(1)?

2 types of mutiny

Which UCMJ Article should be reffered to for guidance concerning resistance, flight, breach of arrest, and escape?

Article 95

Which R.C.M. should be referred to for guidance concerning apprehension?

302

How many different types of arrest are there?

2 types of arrest

What is defined as the restraint of free locomotion imposed by lawful apprehension?

Custody

What is the maximum confinement period that may be adjudged for breaking arrest?

6 months

What is the maximum confinement period that maybe adjudged for escaping from post-trial confinement?

5 years

Which UCMJ Article should be reffered to for guidance concerning releasing a prisoner without proper authority?

Article 96

What is the maximum confinement period that may be adjudged for releasing a prisoner without proper authority?

2 years

Which UCMJ Article should be referred to for guidance concerning unlawful detention?

Article 97

What is defined as misbehavior motivated by fear?

Cowardice

Which UCMJ Article should be referred to for guidance concerning a subordinate compelling surrender?

100

Which UCMJ Article should be referred to for guidance concerning forcing a safeguard?

102

What is defined as a detachment, guard, or detail posted by a commander for the protection of persons, places or property of the enemy, or of a neutral affected by the relationship of billigerernt forces in their prosecution of war or during circumstances amounted to a state of billigerency.

Safeguard

Which UCMJ Article should be referred to for guidance concerning captured or abandoned property?

103

What is the maximum confinement period that may be adjudged for failing to secure public property taken from the enemy of a value of $500 or less?

6 months

What is the maximum confinement period that may be adjudged for failing to secure public property taken from the enemy of a value of over $500?

5 years

Which UCMJ Article should be referred to for guidance concerning aiding the enemy?

104

What is the maximum punishment that can be adjudged for aiding the enemy under Article 104 of the UCMJ?

Death

Which UCMJ Article should be referred to for guidance concerning misconduct as a prisoner?

105

Which UCMJ Article should be referred to for guidance concerning spies?

106

Which UCMJ Article should be referred to for guidance concerning espionage?

106a

Which UCMJ Article should be referred to for guidance concerning false official statements?

107

What is the maximum confinement period that may be adjudged for making false official statements?

5 years

Which UCMJ Article should be reffered to for guidance concerning sale, loss, damage, destruction, or wrongful disposition of military property of the United States?

108

What is the maximum confinement period that may be adjudged for selling or otherwise disposing of military property values under $500?

1 year

What is the maximum confinement period that may be adjudged for selling or otherwise disposing of military property values at $500 or more or any type of firearm or explosive?

10 years

Which UCMJ Article should be reffered to for guidance concerning improper hazarding of a vessel?

Article 110

Which term means run aground so that the vessel is fast for a time?

Stranded

What is a sand, mud, or gravel bank or bar that makes the water shallow?

Shoal

What is the confinement period that may be adjudged for negligently hazarding or suffering any vessel of the armed forces?

2 years

Which UCMJ Article should be reffered to for guidance concerning drunken or reckless operation of a vehicle, aircraft, or vessel?

Article 111

What is the maximum confinement period that may be adjudged for drunken or reckless operation of avehicle, aircraft, or vessel that results in personal injury?

18 months

What is the maximum confinement period that may be adjudged for drunken or reckless operation of a vehicle, aircraft, or vessel that does not result in personal injury?

6 months

Which UCMJ Article should be reffered to for guidance concerning being drunk on duty?

Article 112

What is the maximum confinement period that may be adjudged for being drunk on duty?

9 months

Which UCMJ Article should be reffered to for guidance concerning the wrongful use, possession, etc., of controlled substances?

Article 112a

What is the maximum confinement period that may be adjudged for the wrongful use, possession, etc., of Schedule I, II, and III controlled substances?

15 years

Which UCMJ Article should be reffered to for guidance concerning misbehavior of a sentinel or lookout?

Article 113

Which UCMJ Article should be reffered to for guidance concerning dueling?

Article 114

What is the maximum confinement period that may be adjudged for dueling?

1 year

Which UCMJ Article should be referred to for guidance concerning malingering?

Article 115

What is the maximum confinement period that may be adjudged for feigning illness, physical disablement, mental lapse, or derangement?

1 year

What is the maximum confinement period that may be adjudged for feigning illness, physical disablement, mental lapse, or derangement in a hostile fire pay zone or in time of war?

3 years

What is the maximum confinement period that may be adjudged for intentially self-inflicted injuries?

5 years

What is the maximum co,finement period that may be adjudged for intentionally self-inflicted injuries in a hostile fire pay zone or in time of war?

10 years

Which UCMJ Article should be referred to for guidance concerning Riot of breach of peace?

Article 116

How many members at a minimum must an assembly consist of for the accused to have been considered as part of a riot?

3 members

What is an unlawful disturbance of the peace by an outward demonstration of a violent or turbulent nature?

Breach of the Peace

What is the maximum confinement period that may be adjudged for rioting?

10 years

What is the maximum confinement period that may be adjudged for breach of peace?

6 months

Which UCMJ Article should be referred to for guidance concerning provoking speeches or gestures?

6 months

Which UCMJ Article should be referred to for guidance concerning murder?

Article 118

Which UCMJ Article should be referred to for guidance concerning manslaughter?

Article 119

What is the maximum confinement period that may be adjudged for voluntary manslaughter?

15 years

What is the maximum confinement period that may be adjudged for involuntary manslaughter?

10 years

What is the maximum confinement period that may be adjudged for voluntary manslaughter of a child under 16 years of age?

20 years

Which UCMJ Article should be referred to for guidance concerning rape and sexual assault generally?

Article 120

Which UCMJ Article should be referred to for guidance concerning stalking?

Article 120(a)

What is the maximum confinement period that may be adjudged for stalking?

3 years

Which UCMJ Article should be referred to for guidance concerning rape and sexual assault of a child?

Article 120(b)

Which UCMJ Article should be referred to for guidance concerning larceny and wrongful appropriations?

121

What is the maximum confinement period that may be adjudged for larceny of military property valued under $500?

1 year

What is the maximum confinement period that may be adjudged for larceny of military property valued over $500 or if any military motor vehicle, aircraft, cessel, firearm, or explosive?

10 years

What is the maximum confinement period that may be adjudged for wrongful appropriation of a value under $500

3 months

Which UCMJ Article should be referred to for guidance concerning robbery?

Article 122

What is the maximum confinement period that may be adjudged for robbery when commited with a firearm?

15 years

Which UCMJ Article should be referred to for guidance concerning forgery?

Article 123

How many common elements are there to both aspects of forgery?

3

Which UCMJ Article should be referred to for guidance concerning making, drawing, or uttering check, draft, or order without sufficient funds?

Article 123(a)

Which UCMJ Article should be referred to for guidance concerning maiming?

Article 124

What is the maximum confinement period that may be adjudged for maiming?

20 years

Which UCMJ Article should be referred to for guidance concerning sodomy?

Article 125

What is the maximum confinement period that may be adjudged for sodomy with a child who, at the time of the iffense, has attained the age of 12 but is under the age of 16 years?

20 years

What is the maximum confinement period that may be adjudged for sodomy with a child under the age of 12 years at the time of the offense?

Life

Which UCMJ Article should be referred to for guidance concerning arson?

Article 126

What is the maximum confinement period that may be adjudged for aggravated arson?

20 years

Which UCMJ Article should be referred to for guidance concerning assault?

Article 128

Which term defines an assault in which the attempt or offer to do bodily harm is consummated by the infliction of that harm?

Battery

What is the maximum confinement period that may be adjudged for assault consummated by a battery?

6 months

What is the maximum confinement period that may be adjudged for assault when committed with an unloaded firearm?

3 years

Which UCMJ Article should be referred to for guidance concerning confuct that is unbecoming an officer and gentleman?

Article 133

What is the maximum confinement period that may be adjudged for conduct that is unbecoming an officer and gentleman?

1 year

Which UCMJ Article is known as the general article?

Article 134

What is the maximum confinement period that may be adjudged for viewing child pornography?

10 years

What is the maximum confinement period that may be adjudged for distributing child pornography?

20 years

What is the maximum confinement period that may be adjudged for producing child pornography?

30 years

What is the maximum confinement period that may be adjudged for taking, opening, secreting, destroying, or stealing mail?

5 years

What is the maximum confinement period that may be adjudged for patronizing a prostitute?

1 year