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168 Cards in this Set
- Front
- Back
Which type of fact must not be subjected to reasonable dispute? |
Judicially noticed |
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Which Amendment to the Constitution provides the privileges against self-incrimination? |
5th Amendment |
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Which UCMJ Article provides privileges against self-incrimination? |
Article 31 |
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What is defined as an acknowledgment of guilt? |
Confession |
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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 |
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What includes any formal or informal questioning in which an incriminating response either is sought or is a reasonable consequence of such questioning? |
Interrogation |
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Which Mil. R. Evid should be referred to for guidance concerning probable cause searches? |
315 |
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What is defined as an express permission to search and seize that is issued by a competent civilian authority? |
Search Warrant |
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Which Mil. R. Evid should be referred to for guidance concerning seizures? |
316 |
|
Which R.C.M. governs Apprehension? |
302 |
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Which Mil. R. Avid should be referred to for guidance concerning interception of wire and oral communications? |
317 |
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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 |
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Which Mil. R. Avid should be referred to for guidance concerning methods of proving character? |
405 |
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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 |
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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 |
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Which Mil. R. Evid should be referred to for guidance concerning communications to clergy? |
503 |
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Which Mil. R. Evid should be referred to for guidance concerning husband-wife privilege? |
504 |
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Which Mil. R. Evid should be referred to for guidance concerning classified information? |
505 |
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Who is authorized to prescribe security procedures for protection against the compromise of classified information submitted to Courts-Martial and appellate authorities? |
SECDEF |
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Which Mil. R. Evid should be referred to for guidance concerning informant identity? |
507 |
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Which Mil. R. Evid should be referred to for guidance concerning political votes? |
508 |
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Which Mil. R. Evid should be referred to for guidance concerning deliberations of courts and juries? |
509 |
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Which Mil. R. Evid should be referred to for guidance concerning privileges matter disclosed under compulsion or without opportunity to claim privilege? |
511 |
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Which Mil. R. Evid should be referred to for guidance concerning psychotherapist-patient privilege? |
513 |
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Which Mil. R. Evid should be referred to for guidance concerning victim advocate-victim privilege? |
514 |
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Which term identifies any person who suffered direct physical or emotional harm as the result of a sexual or violent offense? |
Victim |
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Which Mil. R. Evid should be referred to for guidance concerning the competency of a military judge as a witness? |
605 |
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Which Mil. R. Evid should be referred to for guidance concerning religious beliefs or opinions? |
610 |
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When should leading questions ordinarily be permitted? |
Cross examination |
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The term "child" means a person who is under what age at the time of their testimony? |
16 |
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Which term means child pornography or child prostitution? |
Exploitation |
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Which Mil. R. Evid should be referred to for guidance concerning prior statements to witnesses? |
613 |
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Which Mil. R. Evid should be referred to for guidance concerning opinion testimony by lay witnesses? |
701 |
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Which Mil. R. Evid should be referred to for guidance concerning testimony by experts? |
702 |
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Which UCMJ Article grants the trial counsel, defense counsel, and the court martial equal opportunity to obtain expert witnesses? |
Article 46 |
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Which R.C.M. governs the employment and compensation of expert witnesses? |
R.C.M. 703 |
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Which Mil. R. Evid should be referred to for guidance concerning polygraph examinations? |
Article 707 |
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Which term identifies a person who makes a statement? |
Declarant |
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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 |
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Which Mil. R. Evid should be referred to for guidance concerning hearsay within hearsay? |
805 |
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Which Mil. R. Evid should be referred to for guidance concerning requirement of authentification or identification? |
901 |
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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 |
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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 |
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Which UCMJ Article should be referred to for guidance concerning accessory after the fact? |
Article 78 |
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What is the maximum confinement period that may be adjudged for Article 78 convictions? |
10 years |
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Which UCMJ Article should be referred to for guidance concerning attempts? |
Article 80 |
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What is the maximum confinement period that,may be adjudged for Article 80 convictions? |
20 years |
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Which UCMJ Article should be reffered to for guidance concerning conspiracy? |
Article 81 |
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How many or more persons are required in order to have a conspiracy? |
2 or more persons |
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Which UCMJ Article should be referred to for guidance concerning solicitation? |
Article 82 |
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What is the maximum confinement period that may be adjudged for soliciting desertion under Article 82? |
3 years |
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Which UCMJ Article should be reffered to for guidance concerning fraudulent enlistment, appointment, or separation? |
Article 83 |
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What is the maximum confinement period that may be adjudged for a fraudulent enlistment or appointment? |
2 years |
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What is the maximum confinement period that may be adjudged for a fraudulent separation? |
5 years |
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Which UCMJ Article should be reffered to for guidance concerning desertion? |
Article 85 |
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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 |
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Which UCMJ Article should be reffered to for guidance concerning absence without leave? |
Article 86 |
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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 |
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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 |
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Which UCMJ Article should be reffered to for guidance concerning missing movement? |
Article 87 |
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What is the maximum confinement period that may be adjudged for missing movement by design? |
2 years |
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What is the maximum confinement period that may be adjudged for missing movement through neglect? |
1 year |
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Which UCMJ Article should be reffered to for guidance concerning contempt toward officials? |
Article 88 |
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What is the maximum confinement period that may be adjudged for contempt towards officials under Article 88? |
1 year |
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Which UCMJ Article should be reffered to for guidance concerning disrespect toward a superior commissioned officer? |
Article 89 |
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What is the maximum confinement period that may be adjudged for disrespect toward a superior commissioned officer? |
1 year |
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Which UCMJ Article should be reffered to for guidance concerning assaulting a willfully disobeying a superior commissioned officer? |
Article 90 |
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What is the maximum confinement period that may be adjudged for assaulting or willfully disobeying a superior commissioned officer? |
10 years |
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Which UCMJ Article should be reffered to for guidance concerning insubrdinate conduct toward a Warrant Officer, noncommissioned officer, or petty officer? |
Article 91 |
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What is the maximum confinement period that may be adjudged for striking or assaulting a Warrant Officer? |
5 years |
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What is the maximum confinement period that may be adjudged for striking or assaulting superior noncommisioned or petty officers? |
3 years |
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What is the maximum confinement period that may be adjudged for willfully disobeying the lawful order of a Warrant Officer? |
2 years |
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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 |
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What is the maximum confinement period that may be adjudged for contempt or disrespect towards a Warrant Officer? |
9 months |
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Which UCMJ Article should be reffered to for guidance concerning failure to obey orders or regulations? |
Article 92 |
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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 |
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Which UCMJ Article should be reffered to for guidance concerning cruelty and maltreatment? |
Article 93 |
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What is the maximum confinement period that may be adjudged for cruelty and maltreatment? |
1 year |
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Which UCMJ Article should be reffered to for guidance concerning Mutiny and Sedition? |
Article 94 |
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How many different types of mutiny are defined Article 94(a)(1)? |
2 types of mutiny |
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Which UCMJ Article should be reffered to for guidance concerning resistance, flight, breach of arrest, and escape? |
Article 95 |
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Which R.C.M. should be referred to for guidance concerning apprehension? |
302 |
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How many different types of arrest are there? |
2 types of arrest |
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What is defined as the restraint of free locomotion imposed by lawful apprehension? |
Custody |
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What is the maximum confinement period that may be adjudged for breaking arrest? |
6 months |
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What is the maximum confinement period that maybe adjudged for escaping from post-trial confinement? |
5 years |
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Which UCMJ Article should be reffered to for guidance concerning releasing a prisoner without proper authority? |
Article 96 |
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What is the maximum confinement period that may be adjudged for releasing a prisoner without proper authority? |
2 years |
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Which UCMJ Article should be referred to for guidance concerning unlawful detention? |
Article 97 |
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What is defined as misbehavior motivated by fear? |
Cowardice |
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Which UCMJ Article should be referred to for guidance concerning a subordinate compelling surrender? |
100 |
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Which UCMJ Article should be referred to for guidance concerning forcing a safeguard? |
102 |
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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 |
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Which UCMJ Article should be referred to for guidance concerning captured or abandoned property? |
103 |
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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 |
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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 |
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Which UCMJ Article should be referred to for guidance concerning aiding the enemy? |
104 |
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What is the maximum punishment that can be adjudged for aiding the enemy under Article 104 of the UCMJ? |
Death |
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Which UCMJ Article should be referred to for guidance concerning misconduct as a prisoner? |
105 |
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Which UCMJ Article should be referred to for guidance concerning spies? |
106 |
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Which UCMJ Article should be referred to for guidance concerning espionage? |
106a |
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Which UCMJ Article should be referred to for guidance concerning false official statements? |
107 |
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What is the maximum confinement period that may be adjudged for making false official statements? |
5 years |
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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 |
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What is the maximum confinement period that may be adjudged for selling or otherwise disposing of military property values under $500? |
1 year |
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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 |
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Which UCMJ Article should be reffered to for guidance concerning improper hazarding of a vessel? |
Article 110 |
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Which term means run aground so that the vessel is fast for a time? |
Stranded |
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What is a sand, mud, or gravel bank or bar that makes the water shallow? |
Shoal |
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What is the confinement period that may be adjudged for negligently hazarding or suffering any vessel of the armed forces? |
2 years |
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Which UCMJ Article should be reffered to for guidance concerning drunken or reckless operation of a vehicle, aircraft, or vessel? |
Article 111 |
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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 |
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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 |
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Which UCMJ Article should be reffered to for guidance concerning being drunk on duty? |
Article 112 |
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What is the maximum confinement period that may be adjudged for being drunk on duty? |
9 months |
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Which UCMJ Article should be reffered to for guidance concerning the wrongful use, possession, etc., of controlled substances? |
Article 112a |
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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 |
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Which UCMJ Article should be reffered to for guidance concerning misbehavior of a sentinel or lookout? |
Article 113 |
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Which UCMJ Article should be reffered to for guidance concerning dueling? |
Article 114 |
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What is the maximum confinement period that may be adjudged for dueling? |
1 year |
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Which UCMJ Article should be referred to for guidance concerning malingering? |
Article 115 |
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What is the maximum confinement period that may be adjudged for feigning illness, physical disablement, mental lapse, or derangement? |
1 year |
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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 |
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What is the maximum confinement period that may be adjudged for intentially self-inflicted injuries? |
5 years |
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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 |
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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 |
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What is an unlawful disturbance of the peace by an outward demonstration of a violent or turbulent nature? |
Breach of the Peace |
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What is the maximum confinement period that may be adjudged for rioting? |
10 years |
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What is the maximum confinement period that may be adjudged for breach of peace? |
6 months |
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Which UCMJ Article should be referred to for guidance concerning provoking speeches or gestures? |
6 months |
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Which UCMJ Article should be referred to for guidance concerning murder? |
Article 118 |
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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 |
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What is the maximum confinement period that may be adjudged for voluntary manslaughter of a child under 16 years of age? |
20 years |
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Which UCMJ Article should be referred to for guidance concerning rape and sexual assault generally? |
Article 120 |
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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 |
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Which UCMJ Article should be referred to for guidance concerning rape and sexual assault of a child? |
Article 120(b) |
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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 |
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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 |
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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 |
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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 |
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Which UCMJ Article should be referred to for guidance concerning making, drawing, or uttering check, draft, or order without sufficient funds? |
Article 123(a) |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |