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Jurisdiction and Authority

Description: This quiz covers the concepts of jurisdiction and authority in military law.
Number of Questions: 14
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Tags: military law jurisdiction authority
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Which of the following is not a type of jurisdiction in military law?

  1. Personal jurisdiction

  2. Subject-matter jurisdiction

  3. Geographical jurisdiction

  4. Territorial jurisdiction


Correct Option: D
Explanation:

Territorial jurisdiction is not a type of jurisdiction in military law.

What is the principle of forum non conveniens?

  1. A court may decline to exercise jurisdiction over a case if it is more appropriately tried in another forum.

  2. A court must exercise jurisdiction over a case if it has personal jurisdiction over the defendant.

  3. A court may exercise jurisdiction over a case even if it does not have personal jurisdiction over the defendant.

  4. A court must dismiss a case if it does not have subject-matter jurisdiction.


Correct Option: A
Explanation:

The principle of forum non conveniens allows a court to decline to exercise jurisdiction over a case if it is more appropriately tried in another forum.

What is the difference between personal jurisdiction and subject-matter jurisdiction?

  1. 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.

  2. Personal jurisdiction is the court's authority over the defendant, while subject-matter jurisdiction is the court's authority over the plaintiff.

  3. Personal jurisdiction is the court's authority over the crime, while subject-matter jurisdiction is the court's authority over the punishment.

  4. Personal jurisdiction is the court's authority over the evidence, while subject-matter jurisdiction is the court's authority over the verdict.


Correct Option: A
Explanation:

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.

What is the principle of stare decisis?

  1. A court must follow the precedent of a higher court.

  2. A court may follow the precedent of a lower court.

  3. A court may disregard the precedent of any court.

  4. A court must disregard the precedent of a court in another jurisdiction.


Correct Option: A
Explanation:

The principle of stare decisis requires a court to follow the precedent of a higher court.

What is the difference between a court-martial and a non-judicial punishment?

  1. A court-martial is a trial by a military court, while a non-judicial punishment is a punishment imposed by a commanding officer.

  2. A court-martial is a trial by a jury, while a non-judicial punishment is a punishment imposed by a judge.

  3. A court-martial is a trial by a military judge, while a non-judicial punishment is a punishment imposed by a commanding officer.

  4. A court-martial is a trial by a military jury, while a non-judicial punishment is a punishment imposed by a judge.


Correct Option: A
Explanation:

A court-martial is a trial by a military court, while a non-judicial punishment is a punishment imposed by a commanding officer.

What is the maximum punishment that can be imposed by a non-judicial punishment?

  1. 14 days of confinement

  2. 30 days of confinement

  3. 45 days of confinement

  4. 60 days of confinement


Correct Option: A
Explanation:

The maximum punishment that can be imposed by a non-judicial punishment is 14 days of confinement.

What is the difference between a general court-martial and a special court-martial?

  1. A general court-martial can impose any punishment, while a special court-martial can only impose a maximum of six months of confinement.

  2. A general court-martial can impose any punishment, while a special court-martial can only impose a maximum of one year of confinement.

  3. A general court-martial can impose any punishment, while a special court-martial can only impose a maximum of two years of confinement.

  4. A general court-martial can impose any punishment, while a special court-martial can only impose a maximum of three years of confinement.


Correct Option: A
Explanation:

A general court-martial can impose any punishment, while a special court-martial can only impose a maximum of six months of confinement.

What is the difference between a summary court-martial and a special court-martial?

  1. 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.

  2. 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.

  3. 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.

  4. 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.


Correct Option: A
Explanation:

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.

What is the difference between a military judge and a military jury?

  1. 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.

  2. 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.

  3. 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.

  4. 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.


Correct Option: A
Explanation:

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.

What is the difference between a guilty plea and a nolo contendere plea?

  1. A guilty plea admits guilt, while a nolo contendere plea does not admit guilt.

  2. A guilty plea admits guilt, while a nolo contendere plea admits liability.

  3. A guilty plea admits guilt, while a nolo contendere plea admits negligence.

  4. A guilty plea admits guilt, while a nolo contendere plea admits recklessness.


Correct Option: A
Explanation:

A guilty plea admits guilt, while a nolo contendere plea does not admit guilt.

What is the difference between a sentence and a punishment?

  1. A sentence is the judgment of the court, while a punishment is the penalty imposed by the court.

  2. A sentence is the penalty imposed by the court, while a punishment is the judgment of the court.

  3. A sentence is the verdict of the jury, while a punishment is the penalty imposed by the court.

  4. A sentence is the verdict of the jury, while a punishment is the judgment of the court.


Correct Option: A
Explanation:

A sentence is the judgment of the court, while a punishment is the penalty imposed by the court.

What is the difference between a mandatory sentence and a discretionary sentence?

  1. A mandatory sentence is a sentence that is required by law, while a discretionary sentence is a sentence that is not required by law.

  2. 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.

  3. 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.

  4. 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.


Correct Option: A
Explanation:

A mandatory sentence is a sentence that is required by law, while a discretionary sentence is a sentence that is not required by law.

What is the difference between a suspended sentence and a probationary sentence?

  1. A suspended sentence is a sentence that is not imposed, while a probationary sentence is a sentence that is imposed but is not served.

  2. A suspended sentence is a sentence that is not served, while a probationary sentence is a sentence that is imposed but is not served.

  3. A suspended sentence is a sentence that is not imposed, while a probationary sentence is a sentence that is served but is not imposed.

  4. A suspended sentence is a sentence that is served, while a probationary sentence is a sentence that is not served.


Correct Option: A
Explanation:

A suspended sentence is a sentence that is not imposed, while a probationary sentence is a sentence that is imposed but is not served.

What is the difference between a parole and a pardon?

  1. A parole is a release from prison before the end of the sentence, while a pardon is a forgiveness of the crime.

  2. A parole is a release from prison before the end of the sentence, while a pardon is a forgiveness of the punishment.

  3. A parole is a release from prison before the end of the sentence, while a pardon is a forgiveness of the conviction.

  4. A parole is a release from prison before the end of the sentence, while a pardon is a forgiveness of the sentence.


Correct Option: A
Explanation:

A parole is a release from prison before the end of the sentence, while a pardon is a forgiveness of the crime.

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