Naval Knowledge Unit 3 Practice Exercise

If a military judge is assigned as the president of a special courts-martial, which of the following statements is true?
1. He or she is not considered a member of the court and does not vote.
2. He or she must be the senior member of the court.
3. He or she must be assigned to the accused's defense team.
4. He or she has sole responsibility for the conduct of the trail.
5. He or she casts the tie-breaking vote in the event the courts-martial members deadlock
What is considered to be the cornerstone of the whole structure of naval justice and discipline?
1. The Screening Mast
2. The Preliminary Inquiry
3. The Executive Officer's Inquiry
4. The Captain's Mast
5. The Courts-Martial
What officer generally conducts the screening mast?
1. The Officer of the Deck
2. The local Judge Advocate General
3. The Commanding Officer
4. The Command Duty Officer
5. The Executive Officer
What determines whether the findings of a special court-martial would be automatically reviewed by the Office of the Judge Advocate General of the Navy?
1. All special court-martial convictions are automatically reviewed by the Office of the Judge Advocate General of the Navy.
2. If hard labor in excess of two months was awarded.
3. If confinement of more than three months was awarded.
4. If a Bad Conduct Discharge was awarded.
5. This office only reviews the decisions of General Courts-Martial, not Special.
Under what circumstances can NJP authority be delegated by a Commanding Officer?
1. All of the listed exceptions are correct.
2. When the CO exercises general court-martial jurisdiction
3. This authority cannot be delegated.
4. When the CO is a Flag Officer
5. When the CO is a general
The death penalty can be given by a General Court-Martial for all of the following acts EXCEPT:
1. Spying
2. Inciting a riot
3. Desertion in time of war
4. Mutiny
5. Sedition
What is the least of the possible punishments that an accused might get if the preliminary inquiry determines that grounds exist to forward a charge sheet for captain's mast?
1. Confinement
2. Informal oral or written rebukes.
3. Forfeiture of pay
4. Formal oral or written rebukes.
5. Restriction
What term is defined as the taking of a person into custody?
1. Apprehension
2. Confinement
3. Arrest
4. Restriction
5. Restraint
Which of the following is NOT a desired goal of the Navy in regards to discipline?
1. Discipline based on fairness
2. Discipline based on the compulsion of moral force
3. Discipline based on force.
4. Discipline based on respect for leaders
5. Discipline based on confidence in the justice system
The Sixth Amendment to the U.S. Constitution guarantees what?
1. Trial by a jury of peers.
2. That Congress shall have power to lay and collect taxes on incomes.
3. That Congress shall make no law respecting an establishment of religion.
4. Freedom from cruel and unusual punishment.
5. The right of the people to keep and bear Arms.
Which type of legal action below is only taken against enlisted members?
1. Captain's Mast
2. NJP
3. General courts-martial
4. Summary courts-martial
5. Special courts-martial
According to the Bluejacket's Manual, there are specific reasons that punishment is imposed. Which of these is NOT one of those reasons?
1. To set an example
2. To deter offenders from breaking the rules again
3. To get revenge for the misdeed
4. These are all reasons that punishment is imposed.
5. To encourage offenders to do their duty
Under which form of restraint may a person still be required to perform their full military duty?
1. Restriction
2. Apprehension
3. Arrest
4. Confinement
5. Incarceration
What does the charge portion of the Report and Disposition of Offenses Slip indicate?
1. The specific facts and circumstances involved with the violation.
2. The article of the UCMJ the accused is alleged to have violated.
3. The names of the accused and any witnesses.
4. Facts in extenuation and mitigation concerning the charge.
5. The article of Naval Regulations the accused is thought to have violated.
When a court-martial results in the acquittal of the accused, what options does the convening authority have in regards to the sentence?
1. He or she can increase the sentence within prescribed limits.
2. He or she can reduce the sentence, but not increase it.
3. He or she can order the case to be retried.
4. He or she can order a review of the case by another court.
5. He or she has none.
What term is defined as the restraint of a person by an order directing that person to remain within certain specified limits, and further restricts that person from the performance of military duties?
1. Arrest
2. Admonition
3. Apprehension
4. Confinement
5. Restriction
How must confinement be legally imposed?
1. By written orders from a military judge only
2. By oral or written orders
3. By oral orders only
4. By verbal orders from a military judge only
5. By written order only
In 1775 the "Rules for the Regulation of the Navy of the United Colonies" were authored by John Adams. What did he use as a basis for these rules and regulations?
1. The Magna Carta
2. British Common Law and Royal Navy Admiralty Law
3. The U.S Constitution
4. British Common Law
5. Royal Navy Admiralty Law
What do the first nine groups of articles in the UCMJ deal with?
1. Acts that are in direct violation of acceptable military law.
2. Court-martial offenses.
3. General provisions and rules for apprehension and restraint.
4. Offenses such as murder, assault and larceny.
5. Disobedience of lawful orders and absence without leave.
Which of the following statements is true concerning punishments at a Summary Court-Martial and a Captain's Mast?
1. They are similar except that the maximum limits of time and dollars are larger at a Summary Court-Martial.
2. A Summary Court-Martial may award significantly higher punishments in all categories.
3. They are the same in terms of the level of punishments awarded.
4. Punishments can be awarded at both of these proceedings for the same charges.
5. A Summary court-Martial may award slightly higher punishments in all categories.
Which of the following is NOT a legal punishment that could be awarded at a special courts-martial?
1. Hard labor without confinement for six months.
2. A Bad Conduct Discharge.
3. Detention of two-thirds pay per month for three months.
4. Confinement for three months
5. Forfeiture of two-thirds pay per month for three months
Which of the following is an example of someone "being in hack"?
1. An officer placed on restriction and not allowed to leave the ship.
2. An officer placed under arrest in quarters.
3. An enlisted member placed in confinement in a brig for three days on rations of only bread and water.
4. An officer placed in confinement in a brig.
5. An enlisted member under arrest in quarters.
Which of the following is NOT one of the people who could convene a general court-martial?
1. Any General officer
2. A Squadron Commanding Officer
3. Any Flag officer
4. The Commanding Officer of a Naval Station
5. The President
Which of the following is NOT an example of cruel and unusual punishments?
1. Branding
2. 3 days confinement at sea on bread and water.
3. Shaving of the head
4. Tattooing
5. Flogging
Putting a person in a brig or jail, physically depriving them of their freedom, is known as what?
1. Arrest
2. Restraint
3. Restriction
4. Confinement
5. Apprehension
Who drew up the Roman Law that developed into the basic civil law of most European countries?
1. Emperor Augustus Caesar
2. Emperor Justinian I
3. Emperor Napoleon I
4. King Hammurabi
5. King John I
What document was England's King John I forced to sign in 1215?
1. The Court of Chancery
2. Napoleon's Code
3. Equity Law
4. The Magna Carta
5. Hammurabi's Code
Equity Law is most closely associated with what other law term?
1. Military Law
2. Common Law
3. Criminal Law
4. Civil Law
5. Constitutional Law
When comparing the severity of a type of courts-martial, what does the word 'severity' refer to?
1. The rank of the members running the courts-martial.
2. The degree of punishment that can be awarded by the courts-martial.
3. The degree of seriousness of the charges.
4. The rank or rate of the individual being tried.
5. How long the courts-martial is scheduled to take.
If an investigating officer looks into a charge against a sailor and determines that a court-martial is not warranted, what generally happens.
1. The charges and specifications are dropped
2. The facts are reported to the XO and the accused is scheduled for NJP.
3. The investigating officer assigns a number of work details to the accused.
4. The accused is given a verbal warning and released
5. The accused is given a written warning and released
What is the name given to the chronology of panned events and important notes published daily and posted throughout a command?
1. UCMJ Poster
2. Navy Regulations
3. Plan of the Day
4. Ship's Organization and Regulations Manual (SORM)
5. Daily Bulletin
What is the name given to the set of basic laws that give broad guidelines for the organization and administration of the Navy?
1. The Rules for the Regulation of the Navy of the United Colonies
2. Navy Regulations
3. The Uniform Code of Military Justice
4. The International Law of the Sea
5. The Sea Service Rules and Regulations
Who draws up the convening order for a Special Court-Martial and what is the minimum number of members who make up the court-martial?
1. The Executive Officer, Three
2. The Executive Officer, Five
3. The Commanding Officer, Three
4. The Commanding Officer, Five
5. The Judge Advocate General, Three
What is the name given to the informal investigation conducted for the purpose of determining whether or not an offense chargeable under the UCMJ has been committed?
1. The Report and Disposition of Offenses Slip
2. Captains Mast
3. Charge Sheet Investigation
4. Preliminary Inquiry
5. Summary Court-Martial
In the case of a one-person Special Court-Martial, who sits as the judge?
1. The Executive Officer
2. The Senior Enlisted Member on the Court-Martial
3. A military judge
4. The Commanding Officer
5. The Senior Officer on the Court-Martial
Who has the responsibility to check to ensure that the charges and specifications included on a Report and Disposition of Offenses Slip are correct?
1. The Officer or Petty Officer making the report
2. The lawyer of the accused.
3. The Legal Officer
4. The Commanding Officer
5. The Executive Officer
When could a civilian be tried by a General Court-Martial?
1. If a civilian commits a crime against a military member stationed outside of the limits of the United States.
2. If martial law has been declared.
3. If a civilian commits a crime onboard a military ship or aircraft.
4. Civilians cannot be tired under the system of military justice.
5. If the civilian commits a crime onboard a military installation.
In civilian life, if people decide to jointly protest their working conditions or pay, they can go on strike. If military members did this, what would it be called?
1. Mutiny
2. Desertion
3. Malingering
4. Conduct Unbecoming
5. Disrespect
Outside of the special case of a one-person General Court-Martial, what is the required minimum number of persons serving on a General Court-Martial?
1. Three
2. Five
3. Twelve
4. Seven
5. Six
Which of the following is an authorized action in a screening mast?
1. Restriction for 30 days
2. Confinement for up to three days on bread and water
3. The Commanding Officer may elect to forward the case on to a court-martial
4. Dismissing of the charges
5. Reduction in rank by two pay grades
At what times is it mandatory that Navy persons be given training on the Uniform Code of Military Justice? Select all that apply.
1. At the time of release from active duty
2. Six months after entry on active duty
3. At every reenlistment
4. At the time of entry on active duty
5. One year after entry on active duty
6. At the first reenlistment only
What does the specification portion of the Report and Disposition of Offenses Slip indicate?
1. The article of the UCMJ the accused is alleged to have violated.
2. The names of the accused and any witnesses.
3. Facts in extenuation and mitigation concerning the charge.
4. The specific facts and circumstances involved with the violation.
5. The article of Naval Regulations the accused is thought to have violated.
Under what civil code must an accused, to a large extent, prove himself or herself innocent of any charges filed against him or her by the state?
1. The Uniform Code of Military Justice (UCMJ)
2. Napoleon's Civil Code
3. The Court of Chancery
4. The Magna Carta
5. Constitutional Law
Service members may appeal punishment awarded at a Captain's Mast to the commanding Officer's superior authority. Which of the following would be possible actions by that senior?
1. The punishment could be modified or set aside.
2. The punishment could be set aside or increased.
3. The punishment could be modified or a different punishment awarded.
4. The punishment could be modified or increased.
5. The punishment could be set aside or a different punishment awarded.
Which type of courts-martial consists of a single commissioned officer?
1. A Captain's Mast
2. A Special Court-Martial
3. An Executive Officer's Inquiry
4. A General Court-Martial
5. A Summary Court-Martial
What is a basic difference between European Civil Code and English Common Law?
1. English Common Law considers the accused guilty until proven innocent.
2. European Civil Code considers the accused innocent until proven guilty.
3. European Civil Code evolved from Napoleon's Civil Code while English Common Law evolved from Hammurabi's Code.
4. English Common Law considers the accused innocent until proven guilty.
5. European Civil Code evolved from the Magna Carta while English Common Law evolved from Justinian I's Roman Law.
What is the principal that determines whether minor crimes are handled at captain's mast or go on to a court-martial?
1. Whether there was a specific neglect of duty.
2. The dollar amount involved in the offense.
3. Whether there was a deliberate violation of instructions, orders, or regulations.
4. Whether personal injury resulted during the commission of the offence.
5. The media attention that resulted form the offense.
Who fills out the Report and Disposition of Offenses Slip to report misconduct committed by enlisted personnel?
1. Master at Arms personnel only
2. The Master Chief Petty Officer only
3. The Legal Officer only
4. The Commanding Officer only
5. Any commissioned officer or petty officer.
What is the major difference between the military and civilian justice systems in regards to a convicted person's right to appeal?
1. Appeal of a conviction within the military court system requires reasonable grounds where it does not in the civilian court system.
2. Only officers may appeal their convictions to higher authority.
3. Appeal of a conviction within the military court system is free where it is not in the civilian court system.
4. Appeal of a court-martial conviction is automatic. Civilians must show reasonable grounds for appeal.
5. Appeals of court-martial convictions are not allowed.
What term below best describes an unwritten body of law based on general custom in England?
1. Common Law
2. Criminal Law
3. Napoleon's Civil Code
4. Equity Law
5. The Magna Carta
What type of challenge can be made one time by an accused at a special court-martial where the court member challenged will be dismissed from court duties by the president?
1. An impromptu challenge
2. A prescribed challenge
3. A peremptory challenge
4. An immediate challenge
5. A challenge "for cause"
Which of the following is NOT an example of an important article found in Navy Regulations?
1. Fraternization prohibited
2. Cruel and unusual punishments prohibited
3. Equal opportunity and treatment
4. Standards of conduct
5. Alcoholic beverages prohibited
Unless specifically authorized by the President, only what type of cases can be tried by a Special Court-Martial?
1. Noncapital
2. Navy-related
3. Capital
4. Cases involving civilians
5. Crimes committed at sea
What type of discharge can only be awarded by a General Court-Martial?
1. Dishonorable
2. Honorable
3. General
4. Good of the Service
5. Bad conduct
Circumstances that might tend to provide some plausible reason for an offense that has been committed or lessen the punishment imposed are know as what?
1. Charges and specifications.
2. Extemporaneous facts.
3. Articles for consideration.
4. Details of Offenses.
5. Facts in mitigation or extenuation.
Which of the following statements is false concerning the rights of persons under arrest or confinement?
1. They have a right to have a lawyer appointed for them without cost.
2. They have the right to consult with a lawyer.
3. They have a right to retain their own lawyer at their own expense.
4. They have the right to choose to receive nonjudicial punishment instead of a courts-martial.
5. They have the right to have a lawyer present at any investigations.
What is the name given to the set of laws covering the trial and punishment of offenders in the U.S. Armed Forces?
1. The Manual for Courts-Martial (MCM)
2. The Manual of the Judge Advocate General (JAG Manual)
3. Navy Regulations
4. The Non-Judicial Punishment (NJP) Manual
5. The Uniform Code of Military Justice (UCMJ)
Which of the following punishments is NOT one a Commanding Officer could give an enlisted member at a Captain's Mast?
1. Correctional custody for thirty days.
2. Confinement on bread and water for 3 days.
3. Sixty days restriction.
4. Reduction in pay grade to the next lower level.
5. Fine of one-half pay for two months.
What body is known as the "Supreme Court" of military justice?
1. The Court of Military Appeals
2. The Convening Authority
3. The Court of Military Review