CDC 5J051 Volume 2 Paralegal Exam Practice Test
(226).webp "CDC 5J051 Volume 2 Paralegal Exam Practice Test - Quiz")
- 1.
If you are researching elements of an offense in the MCM, you are using a...
- A.
Finding Tools
- B.
Case Method
- C.
Primary Source
- D.
Secondary Source
Correct Answer
C. Primary SourceExplanation
If you are researching elements of an offense in the MCM (Manual for Courts-Martial), you are using a primary source. The MCM is the official document that provides guidance and regulations for the U.S. military justice system. It contains the elements of various offenses and serves as a direct and authoritative source of information on military law. Therefore, consulting the MCM would be considered using a primary source for researching elements of an offense.Rate this question:
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- 2.
Once you have found the case on point, what is your next step to shepardize?
- A.
Find the case in index
- B.
Find the case in the topic section
- C.
Make sure it is still good law
- D.
Find the case in the table of contents
Correct Answer
C. Make sure it is still good lawExplanation
The next step to shepardize after finding the case on point is to make sure it is still good law. This involves checking if the case has been overruled, reversed, or otherwise invalidated by a higher court. Shepardizing is a process used to determine the current validity and precedential value of a legal case. By verifying if the case is still good law, one can assess its relevance and authority in legal research and analysis.Rate this question:
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- 3.
If you are researching a case, and need to know how the courts have defined a term for legal purposes, what reference should you use first?
- A.
Code of Federal Regulation
- B.
Words and Phrases Publication
- C.
UCMJ
- D.
American Jurisprudence 2d publication
Correct Answer
B. Words and pHrases PublicationExplanation
The Words and Phrases Publication should be used first when researching a case and needing to know how the courts have defined a term for legal purposes. This publication is specifically designed to provide definitions and interpretations of legal terms as used by the courts. It serves as a comprehensive resource for legal practitioners and researchers in understanding the meaning and application of specific terms within the legal context. Therefore, it would be the most appropriate reference to consult in order to gain insight into how the courts have defined a particular term.Rate this question:
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- 4.
If you're researching a Mil Jus case in Computer Assisted Legal Research (CALR), and you only want to search on specific database in the Mi Jus section, what action should you take on the military justice page?
- A.
Place a check mark next to the database you want to search
- B.
Click on the database you want to search
- C.
Click the uncheck all button
- D.
Type in your search items
Correct Answer
C. Click the uncheck all buttonExplanation
To search on a specific database in the Mi Jus section while researching a Mil Jus case in CALR, you should click the "uncheck all" button. This action will deselect all the databases and allow you to manually select the specific database you want to search.Rate this question:
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- 5.
When conducting manual legal research what it considered to be a secondary source?
- A.
The United States code
- B.
Black's Law dictionary
- C.
The Supreme Court Reporter
- D.
The code of federal regulation
Correct Answer
B. Black's Law dictionaryExplanation
Black's Law dictionary is considered to be a secondary source when conducting manual legal research. This is because a secondary source provides analysis, interpretation, and commentary on the law, rather than the law itself. Black's Law dictionary is a well-known legal dictionary that provides definitions and explanations of legal terms and concepts, making it a valuable resource for understanding and interpreting the law. The other options listed, such as the United States code, the Supreme Court Reporter, and the code of federal regulation, are primary sources that contain the actual text of laws and court decisions.Rate this question:
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- 6.
In using the case method to research, if you know the name of the case you want, what do you want to use to find the case?
- A.
Court Martial reporter
- B.
Manual for Courts-martial
- C.
United States Code, annotated
- D.
Table of Cases Reported: Alphabetical listing
Correct Answer
D. Table of Cases Reported: AlpHabetical listingExplanation
To find a specific case when using the case method to research, you would want to use the "Table of Cases Reported: Alphabetical listing." This table provides an organized and alphabetical list of all the cases that have been reported, making it easier to locate the desired case by its name. The other options listed, such as the Court Martial reporter, Manual for Courts-martial, and United States Code, annotated, are not specifically designed for finding cases by name.Rate this question:
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- 7.
What is your first step in Computer Assisted Legal Research (CALR) when searching for a case?
- A.
Go to the area research library
- B.
Access the federal cases research section
- C.
Access the Mil Jus research section
- D.
Access FLITE
Correct Answer
D. Access FLITEExplanation
Accessing FLITE is the first step in Computer Assisted Legal Research (CALR) when searching for a case. FLITE is a legal research database that provides access to a wide range of legal materials, including case law, statutes, regulations, and secondary sources. By accessing FLITE, legal researchers can search for and retrieve relevant cases based on their specific research needs. This step allows researchers to access a comprehensive collection of legal resources and begin their search for relevant case law.Rate this question:
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- 8.
If you are looking for state statutes in FLITE, what do you do once you get to the source finder master index page?
- A.
Type "state" and press the research button
- B.
Type "statute" and press the research button
- C.
Type "federal" and press the research button
- D.
Type "legislation" and press the research button
Correct Answer
A. Type "state" and press the research buttonExplanation
Once you get to the source finder master index page in FLITE, you should type "state" and press the research button. This suggests that by entering the keyword "state" and conducting a search, you will be able to find the state statutes you are looking for.Rate this question:
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- 9.
What condition warrants writing a legal review for an involuntary discharge action?
- A.
A general discharge characterization is possible
- B.
An under other than honorable discharge characterization is possible
- C.
A non-judicial punishment action is included in the discharge package
- D.
All involuntary discharge actions EXCEPT entry level discharge actions must have a legal review
Correct Answer
D. All involuntary discharge actions EXCEPT entry level discharge actions must have a legal reviewExplanation
Involuntary discharge actions, except for entry level discharge actions, require a legal review. This means that any discharge that is not voluntary and does not fall under the category of entry level discharge must go through a legal review process. This is important to ensure that the discharge is justified and in accordance with the law. The legal review helps to safeguard the rights of the individual being discharged and ensures that the discharge is fair and appropriate.Rate this question:
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- 10.
What is the second paragraph in a resignation in lieu of Court Martial (RILO) legal review?
- A.
Discussion of the case
- B.
Law and its application
- C.
Synopsis of the case
- D.
Issues raised by defense
Correct Answer
C. Synopsis of the caseExplanation
The second paragraph in a resignation in lieu of Court Martial (RILO) legal review is the "Synopsis of the case". This paragraph provides a brief summary or overview of the case, outlining the key facts and events that led to the resignation in lieu of Court Martial. It helps to provide context and background information for the reader, allowing them to understand the circumstances surrounding the resignation.Rate this question:
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- 11.
What section of a legal review for a report of survey (RoS) precedes the "discussion section"?
- A.
Options
- B.
Reconsideration
- C.
Recommendation
- D.
Introduction
Correct Answer
D. IntroductionExplanation
The correct answer is "Introduction." In a legal review for a report of survey (RoS), the introduction section typically comes before the discussion section. The introduction provides an overview of the RoS, including its purpose and scope, while the discussion section delves into the analysis and findings of the survey. This sequential order allows the reader to understand the context and background information before delving into the detailed discussion.Rate this question:
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- 12.
When preparing a legal review for a private organization's by-laws, and the organization has not met requirements as AFI 34-223, Private Organizations Program, what is your next step?
- A.
Notify the Services Squadron
- B.
Identify which requirements need to be met
- C.
Return the by-laws to the private organization
- D.
Notify the commander of the squadron to which the private organization belongs
Correct Answer
B. Identify which requirements need to be metExplanation
When preparing a legal review for a private organization's by-laws and the organization has not met requirements as AFI 34-223, the next step would be to identify which requirements need to be met. This step is important because it allows the reviewer to determine the specific areas where the organization is not in compliance with the regulations. Once the requirements are identified, the organization can be notified and necessary actions can be taken to ensure compliance. Notifying the Services Squadron or the commander of the squadron to which the private organization belongs may be necessary steps after identifying the requirements, but they are not the immediate next step.Rate this question:
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- 13.
What should be your first step in preparing a legal review for use of government resources?
- A.
Draft a listing of resources requested
- B.
Write your opinion after researching the facts
- C.
Review DoD 5500.7-R, Joint Ethics Regulation
- D.
List any policies or instructions that authorize use of government resources
Correct Answer
C. Review DoD 5500.7-R, Joint Ethics RegulationExplanation
The first step in preparing a legal review for the use of government resources should be to review DoD 5500.7-R, Joint Ethics Regulation. This regulation provides guidelines and instructions regarding the ethical use of government resources. By reviewing this regulation, one can ensure that they are familiar with the rules and regulations that govern the use of government resources and can proceed with the legal review in an informed manner.Rate this question:
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- 14.
What is the first step in writing a case brief?
- A.
Find a case on point
- B.
Shepardizing the case
- C.
Read the case 2 or 3 times
- D.
Gather the necessary research materials
Correct Answer
C. Read the case 2 or 3 timesExplanation
The first step in writing a case brief is to read the case 2 or 3 times. This is important in order to thoroughly understand the facts, issues, and arguments presented in the case. By reading the case multiple times, the writer can ensure that they have a comprehensive understanding of the case and can accurately summarize and analyze it in the case brief. It also allows the writer to identify key points and relevant information that will be included in the brief.Rate this question:
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- 15.
Which of the following is the last point in a case brief?
- A.
Holdings of the court
- B.
Discussion
- C.
Reasoning
- D.
Decision
Correct Answer
B. DiscussionExplanation
The last point in a case brief is typically the "Discussion" section. This section provides a detailed analysis and interpretation of the case, including the relevant legal principles, arguments, and counterarguments. It is where the court's reasoning and analysis are presented, leading up to the final decision. The "Holdings of the court" section usually comes before the "Discussion" section and summarizes the court's final decision or ruling.Rate this question:
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- 16.
In what section of a proof analysis would you discuss bias?
- A.
Elements
- B.
Evidence
- C.
Specifications
- D.
Defense Points
Correct Answer
D. Defense PointsExplanation
In the section of a proof analysis called "Defense Points," bias would be discussed. This section focuses on addressing potential biases or weaknesses in the argument and providing counterarguments or evidence to defend the validity of the proof. By discussing bias in this section, the analysis aims to acknowledge and address any potential subjective viewpoints or skewed perspectives that could undermine the credibility of the proof.Rate this question:
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- 17.
When a disposition that has been transcribed is used in a court martial, who reads the disposition to the court?
- A.
Defense
- B.
Prosecution
- C.
Military Judge
- D.
The party offering it
Correct Answer
D. The party offering itExplanation
The correct answer is "The party offering it." In a court martial, when a disposition that has been transcribed is used, the party who presented or offered the disposition is responsible for reading it to the court. This is because they are the ones who have firsthand knowledge of the disposition and can accurately present it to the court. The defense, prosecution, or military judge may also review and refer to the disposition, but it is the responsibility of the party offering it to read it aloud.Rate this question:
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- 18.
When drafting a stipulation of expected testimony, who's identifying information is in the first paragraph of the body?
- A.
Defense counsel
- B.
Trial counsel
- C.
Witness
- D.
Accused
Correct Answer
C. WitnessExplanation
In the first paragraph of the body of a stipulation of expected testimony, the identifying information of the witness is included. This is because the stipulation is a written agreement between the parties involved in a legal case, where they agree on certain facts and the expected testimony of the witnesses. Therefore, it is important to clearly identify the witness whose testimony is being stipulated.Rate this question:
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- 19.
Which type of immunity does not prevent the Air Force from trying a person on a criminal offense?
- A.
Testimonial
- B.
Transactional
- C.
Intercommand
- D.
Intracommand
Correct Answer
A. TestimonialExplanation
Testimonial immunity does not prevent the Air Force from trying a person on a criminal offense. Testimonial immunity is a type of immunity granted to a witness in exchange for their testimony. It protects the witness from being prosecuted based on the information they provide during the trial. However, it does not extend to the person being tried, meaning that they can still be held accountable for their actions and face criminal charges.Rate this question:
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- 20.
Which of the rules for court martial discuss immunity
- A.
754
- B.
704
- C.
154
- D.
104
Correct Answer
B. 704Explanation
Rule 704 discusses immunity in court martial. This rule outlines the circumstances under which a witness or accused person may be granted immunity from prosecution in exchange for their testimony or cooperation. Immunity is a legal protection that ensures that the individual's testimony or cooperation cannot be used against them in a criminal case. This rule is important in ensuring the effectiveness of the court martial process by encouraging witnesses and accused persons to provide truthful and valuable information without fear of self-incrimination.Rate this question:
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- 21.
What is the last paragraph in the enlisted involuntary discharge review?
- A.
Probation and Rehabilitation
- B.
Convening Authority's options
- C.
Legal and Procedural sufficiency
- D.
Judge Advocate's Recommendation
Correct Answer
D. Judge Advocate's RecommendationExplanation
The last paragraph in the enlisted involuntary discharge review is the Judge Advocate's Recommendation. This paragraph includes the legal advice and opinion of the Judge Advocate, who provides their recommendation on whether the discharge should be approved or denied. This recommendation is based on the legal and procedural sufficiency of the case and can greatly influence the final decision made by the convening authority.Rate this question:
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- 22.
When a member, whether hospitalized or not, has a disease or injury that will likely result in disaibility, what must be done?
- A.
Report of Survey
- B.
Initiate separation action
- C.
Line of duty determination
- D.
Coordination of benefits assessment
Correct Answer
C. Line of duty determinationExplanation
When a member has a disease or injury that is likely to result in disability, it is necessary to determine whether the condition occurred in the line of duty. This determination is important for various reasons, including eligibility for certain benefits and compensation. It helps establish if the member's disability is a result of their service and if they are entitled to certain protections and support. Therefore, conducting a line of duty determination is necessary in such cases.Rate this question:
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- 23.
When preparing a legal review for a report of survey, what should be listed immediately before the recommendation?
- A.
Facts
- B.
Options
- C.
Discussion
- D.
Introduction
Correct Answer
C. DiscussionExplanation
In a legal review for a report of survey, the discussion should be listed immediately before the recommendation. This is because the discussion section provides a detailed analysis and examination of the facts and options presented in the report. It allows for a comprehensive evaluation of the information and helps to support the recommendation that follows. By listing the discussion before the recommendation, the reviewer ensures that the reader has all the necessary information and analysis to understand and accept the recommendation being made.Rate this question:
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- 24.
When preparing a legal review for a private organizations constitution and by-laws, what should be included in the final paragraph?
- A.
Date the constitution and by-laws were received
- B.
Name the organization requesting the review
- C.
Additional requirements that need to be met
- D.
Your contact information
Correct Answer
D. Your contact informationExplanation
In the final paragraph of a legal review for a private organization's constitution and by-laws, it is important to include your contact information. This allows the organization to reach out to you for any further clarification or questions regarding the review. It also establishes a point of contact for future communication and ensures that you can be easily reached if needed.Rate this question:
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- 25.
When preparing a legal review for the use of government resources, what would you write at the end of your legal review?
- A.
Your opinion after researching the facts
- B.
Possible ethics violations if resources were used
- C.
Policies or instructions that authorize use of government resources
- D.
A summary of the questions and restatement of the regulations that support your opinion
Correct Answer
D. A summary of the questions and restatement of the regulations that support your opinionExplanation
In order to conclude a legal review for the use of government resources, it is important to provide a summary of the questions that were addressed throughout the review. Additionally, it is necessary to restate the relevant regulations that support the opinion provided in the review. This ensures that all the key points and findings are clearly summarized and supported by the applicable laws and regulations.Rate this question:
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- 26.
Once you have the holdings of the court in your case brief, what should you next tell the reader?
- A.
Dissenting opinions
- B.
Concurring opinions
- C.
Issues addressed by the court
- D.
The reasoning given by the court for the action
Correct Answer
D. The reasoning given by the court for the actionExplanation
After obtaining the holdings of the court in your case brief, the next step is to inform the reader about the reasoning provided by the court for their action. This includes explaining the rationale behind the court's decision, the legal principles applied, and the arguments considered. By providing the court's reasoning, the reader can understand the basis for the court's decision and evaluate its soundness.Rate this question:
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- 27.
When writing a proof analysis, with what do you compare the elements in the MCM?
- A.
AF pamphlet 27-9
- B.
Military Judges Benchbook, AF pamphlet 29-7
- C.
Military Judges Benchbook, DoA 27-9
- D.
DA pamphlet 29-7, Military Judges Benchbook
Correct Answer
C. Military Judges Benchbook, DoA 27-9Explanation
The correct answer is "Military Judges Benchbook, DoA 27-9". This is because when writing a proof analysis, you compare the elements in the MCM (Manual for Courts-Martial) with the guidance provided in the Military Judges Benchbook and Department of the Army (DoA) pamphlet 27-9. These references provide the necessary guidelines and instructions for conducting legal proceedings and ensuring that the proof analysis is conducted correctly and in accordance with the applicable laws and regulations.Rate this question:
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- 28.
If a witness has changed duty stations and is not available to testify at trial, what document should be accomplished?
- A.
Stipulation of expected testimony
- B.
Stipulation of Fact
- C.
Deposition
- D.
Motion
Correct Answer
C. DepositionExplanation
When a witness is unable to testify at trial due to a change in duty stations, a deposition should be accomplished. A deposition is a process where the witness's testimony is recorded outside of the courtroom, usually in a lawyer's office. This allows the witness's testimony to be preserved for the trial, even if the witness is not physically present. It serves as a way to gather evidence and information from the witness, which can then be presented during the trial.Rate this question:
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- 29.
When drafting a stipulation of fact, what is the first thing you put in the body of the stipulation?
- A.
The prosecution, defense and SJA stipulate and agree to the facts that follow
- B.
The prosecution, defense and convening authority stipulate and agree to the facts that follow
- C.
The prosecution, defense and accused stipulate and agree to the facts that follow
- D.
The prosecution, defense and military judge stipulate and agree to the facts that follow
Correct Answer
C. The prosecution, defense and accused stipulate and agree to the facts that followExplanation
The first thing you put in the body of the stipulation of fact is "the prosecution, defense and accused stipulate and agree to the facts that follow." This statement establishes that all parties involved in the case, including the prosecution, defense, and accused, have reached an agreement on the facts that will be presented. It sets the tone for the stipulation and indicates that all parties are in agreement, providing a foundation for the rest of the document.Rate this question:
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- 30.
When drafting a motion, the last paragraph is the...
- A.
Law
- B.
Arguement
- C.
Evidence
- D.
Conclusion
Correct Answer
D. ConclusionExplanation
When drafting a motion, the last paragraph is the conclusion. A conclusion is a final statement that summarizes the main points and arguments presented in the motion. It serves to reiterate the main objective of the motion and persuade the reader or audience to support it. The conclusion often includes a call to action or a recommendation for further steps to be taken. In the context of a motion, the conclusion is crucial as it provides a clear and concise ending to the document, leaving a lasting impression on the reader.Rate this question:
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- 31.
Who is the only person who can grant immunity to a witness?
- A.
SpCMCA/SJA
- B.
GCMCA/SJA
- C.
SpCMCA
- D.
GCMCA
Correct Answer
D. GCMCAExplanation
The GCMCA (General Court Martial Convening Authority) is the only person who can grant immunity to a witness. Immunity refers to the legal protection granted to a witness, ensuring that their testimony cannot be used against them in a criminal prosecution. The GCMCA has the authority to grant this immunity, allowing witnesses to provide truthful and honest testimony without the fear of self-incrimination.Rate this question:
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- 32.
What action should you take prior to going to the claimant's home to inspect damaged items for an inspection report?
- A.
Review all paperwork provided by you through the Air Force Claims Center or claimant
- B.
Call the traffic management office to have them retrieve the paperwork required
- C.
Review the claim to ensure it has been adjudicated properly
- D.
Contact the carrier for a copy of their inspection report
Correct Answer
A. Review all paperwork provided by you through the Air Force Claims Center or claimantExplanation
Prior to going to the claimant's home to inspect damaged items for an inspection report, it is important to review all paperwork provided by you through the Air Force Claims Center or claimant. This step ensures that you are familiar with all the necessary information and documentation related to the claim. By reviewing the paperwork beforehand, you can ensure that you are well-prepared for the inspection and have all the necessary information at hand to accurately assess the damage and complete the inspection report.Rate this question:
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- 33.
For claims investigations, preparation by the clais office starts with
- A.
Assembling and maintaining an emergency operations kit
- B.
Ensuring they have a "JAG in a box" in the office
- C.
Formally appointing the disaster response team
- D.
Finding a location for a field claims office
Correct Answer
A. Assembling and maintaining an emergency operations kitExplanation
In claims investigations, it is important for the claims office to be prepared for emergencies. Assembling and maintaining an emergency operations kit allows the office to have all the necessary tools and resources readily available in case of a disaster or emergency situation. This ensures that the claims office can respond effectively and efficiently when needed, minimizing any potential disruptions or delays in the claims investigation process.Rate this question:
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- 34.
What action should you take BEFORE beginning a claims investigation?
- A.
Take statements from available witnesses
- B.
Ensure your camera has adequate film
- C.
Review all available evidence
- D.
Assemble a claims file
Correct Answer
C. Review all available evidenceExplanation
Before beginning a claims investigation, it is important to review all available evidence. This step is crucial as it allows the investigator to gather all the relevant information and documentation related to the claim. By reviewing the evidence, the investigator can gain a comprehensive understanding of the situation and make informed decisions throughout the investigation process. This step also helps in identifying any gaps or inconsistencies in the evidence, which can further guide the direction of the investigation.Rate this question:
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- 35.
What information is shown on theface of a photograph for a claims investigation?
- A.
Do not mark the face of the photograph
- B.
Date and time the photograph was taken
- C.
Name and grade of the photographer
- D.
Claim number
Correct Answer
A. Do not mark the face of the pHotograpHExplanation
The correct answer states that the face of the photograph should not be marked. This implies that when conducting a claims investigation, it is important to preserve the integrity of the photograph and avoid any alterations or markings on the face of the image. This ensures that the original evidence is maintained and can be accurately analyzed.Rate this question:
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- 36.
Which investigation is performed for misdemeanor-type offenses?
- A.
Air Force Office of Special Investigations
- B.
Security Forces Offices of Investigations
- C.
Inspector General
- D.
Safety
Correct Answer
B. Security Forces Offices of InvestigationsExplanation
The correct answer is Security Forces Offices of Investigations. Security Forces Offices of Investigations is responsible for conducting investigations related to misdemeanor-type offenses within the Air Force. They handle cases involving violations of military laws and regulations, such as theft, assault, or property damage, that are considered less serious than felony offenses. The Air Force Office of Special Investigations focuses on more complex and serious criminal investigations, while the Inspector General primarily deals with audits, inspections, and evaluations. Safety is not directly involved in investigating criminal offenses.Rate this question:
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- 37.
What investigation's primary purpose is accident prevention?
- A.
Safety
- B.
Accident
- C.
Friendly Fire
- D.
Inspector General
Correct Answer
A. SafetyExplanation
The investigation's primary purpose in accident prevention is safety. Safety investigations are conducted to identify the causes and contributing factors of accidents, with the aim of implementing measures to prevent similar incidents from occurring in the future. By analyzing accidents and identifying areas for improvement, safety investigations play a crucial role in promoting and maintaining a safe environment.Rate this question:
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- 38.
Prior to conducting an interview, what information should be clearly expressed to a witness?
- A.
Their role as a suspect
- B.
Their role as a witness
- C.
Your role as a paralegal
- D.
Your role as a representative of the Air Force
Correct Answer
D. Your role as a representative of the Air ForceExplanation
Prior to conducting an interview, it is important to clearly express to a witness your role as a representative of the Air Force. This helps establish the credibility and authority of the interviewer, ensuring that the witness understands the context and purpose of the interview. By clarifying your role, the witness can provide accurate and relevant information, knowing that they are speaking to a representative of the Air Force who is conducting a professional and official investigation.Rate this question:
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- 39.
Whose signature is required on a SIGNED STATEMENT?
- A.
The person taking the statement
- B.
The person furnishing the statement
- C.
The person witnessing the statement
- D.
The person notarizing the statement
Correct Answer
B. The person furnishing the statementExplanation
The person furnishing the statement is required to sign a signed statement. This is because the person who provides the statement is affirming its accuracy and authenticity by signing it. The signature serves as a legal acknowledgment of the content of the statement and holds the person accountable for its contents.Rate this question:
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