Jurisdiction and Authority
This quiz covers jurisdiction concepts, court-martial types, sentencing authority, and military justice procedures.
Questions
Which of the following is not a type of jurisdiction in military law?
- Personal jurisdiction
- Subject-matter jurisdiction
- Geographical jurisdiction
- Territorial jurisdiction
What is the principle of forum non conveniens?
- A court may decline to exercise jurisdiction over a case if it is more appropriately tried in another forum.
- A court must exercise jurisdiction over a case if it has personal jurisdiction over the defendant.
- A court may exercise jurisdiction over a case even if it does not have personal jurisdiction over the defendant.
- A court must dismiss a case if it does not have subject-matter jurisdiction.
What is the difference between personal jurisdiction and subject-matter jurisdiction?
- Personal jurisdiction is the court's authority over the parties to a case, while subject-matter jurisdiction is the court's authority over the type of case.
- Personal jurisdiction is the court's authority over the defendant, while subject-matter jurisdiction is the court's authority over the plaintiff.
- Personal jurisdiction is the court's authority over the crime, while subject-matter jurisdiction is the court's authority over the punishment.
- Personal jurisdiction is the court's authority over the evidence, while subject-matter jurisdiction is the court's authority over the verdict.
What is the principle of stare decisis?
- A court must follow the precedent of a higher court.
- A court may follow the precedent of a lower court.
- A court may disregard the precedent of any court.
- A court must disregard the precedent of a court in another jurisdiction.
What is the difference between a court-martial and a non-judicial punishment?
- A court-martial is a trial by a military court, while a non-judicial punishment is a punishment imposed by a commanding officer.
- A court-martial is a trial by a jury, while a non-judicial punishment is a punishment imposed by a judge.
- A court-martial is a trial by a military judge, while a non-judicial punishment is a punishment imposed by a commanding officer.
- A court-martial is a trial by a military jury, while a non-judicial punishment is a punishment imposed by a judge.
What is the maximum punishment that can be imposed by a non-judicial punishment?
- 14 days of confinement
- 30 days of confinement
- 45 days of confinement
- 60 days of confinement
What is the difference between a general court-martial and a special court-martial?
- A general court-martial can impose any punishment, while a special court-martial can only impose a maximum of six months of confinement.
- A general court-martial can impose any punishment, while a special court-martial can only impose a maximum of one year of confinement.
- A general court-martial can impose any punishment, while a special court-martial can only impose a maximum of two years of confinement.
- A general court-martial can impose any punishment, while a special court-martial can only impose a maximum of three years of confinement.
What is the difference between a summary court-martial and a special court-martial?
- A summary court-martial can only impose a maximum of one month of confinement, while a special court-martial can impose a maximum of six months of confinement.
- A summary court-martial can only impose a maximum of two months of confinement, while a special court-martial can impose a maximum of six months of confinement.
- A summary court-martial can only impose a maximum of three months of confinement, while a special court-martial can impose a maximum of six months of confinement.
- A summary court-martial can only impose a maximum of four months of confinement, while a special court-martial can impose a maximum of six months of confinement.
What is the difference between a military judge and a military jury?
- A military judge is a lawyer who presides over a court-martial, while a military jury is a group of military members who decide the guilt or innocence of the accused.
- A military judge is a lawyer who presides over a court-martial, while a military jury is a group of civilians who decide the guilt or innocence of the accused.
- A military judge is a military member who presides over a court-martial, while a military jury is a group of military members who decide the guilt or innocence of the accused.
- A military judge is a military member who presides over a court-martial, while a military jury is a group of civilians who decide the guilt or innocence of the accused.
What is the difference between a guilty plea and a nolo contendere plea?
- A guilty plea admits guilt, while a nolo contendere plea does not admit guilt.
- A guilty plea admits guilt, while a nolo contendere plea admits liability.
- A guilty plea admits guilt, while a nolo contendere plea admits negligence.
- A guilty plea admits guilt, while a nolo contendere plea admits recklessness.
What is the difference between a sentence and a punishment?
- A sentence is the judgment of the court, while a punishment is the penalty imposed by the court.
- A sentence is the penalty imposed by the court, while a punishment is the judgment of the court.
- A sentence is the verdict of the jury, while a punishment is the penalty imposed by the court.
- A sentence is the verdict of the jury, while a punishment is the judgment of the court.
What is the difference between a mandatory sentence and a discretionary sentence?
- A mandatory sentence is a sentence that is required by law, while a discretionary sentence is a sentence that is not required by law.
- A mandatory sentence is a sentence that is imposed by the court, while a discretionary sentence is a sentence that is imposed by the jury.
- A mandatory sentence is a sentence that is imposed by the judge, while a discretionary sentence is a sentence that is imposed by the jury.
- A mandatory sentence is a sentence that is imposed by the jury, while a discretionary sentence is a sentence that is imposed by the judge.
What is the difference between a suspended sentence and a probationary sentence?
- A suspended sentence is a sentence that is not imposed, while a probationary sentence is a sentence that is imposed but is not served.
- A suspended sentence is a sentence that is not served, while a probationary sentence is a sentence that is imposed but is not served.
- A suspended sentence is a sentence that is not imposed, while a probationary sentence is a sentence that is served but is not imposed.
- A suspended sentence is a sentence that is served, while a probationary sentence is a sentence that is not served.
What is the difference between a parole and a pardon?
- A parole is a release from prison before the end of the sentence, while a pardon is a forgiveness of the crime.
- A parole is a release from prison before the end of the sentence, while a pardon is a forgiveness of the punishment.
- A parole is a release from prison before the end of the sentence, while a pardon is a forgiveness of the conviction.
- A parole is a release from prison before the end of the sentence, while a pardon is a forgiveness of the sentence.