Block III - General Law & Claims Flashcards

Question

In regards to Claims Administration what does the following term mean? Tort

Answer 1

`A civil wrong in which one party causes personal injury or property damage to another and may be liable in damages. Some elements must be met for a tort, which are: the duty to do or not to do a certain act; a breach or violation of that duty occurred; breach caused/was proximate cause of damage; that breach or violation of duty caused property damage, personal injury or death

Answer 2

Settling claims against the US for damage to or loss of property, personal injury, or death, resulting from the negligent or wrongful act(s) or omission(s) of AF military or civilian personnel while acting within the scope of their employment, or otherwise incident to AF non-combat activities (NCA)

Answer 3

Combat activities of US mil forces; personal injury or death of a mbr of armed forces of the US incident to service; and personal injury or death that results wholly from the claimants negligent or wrongful act(s)

Answer 4

One who commits or is guilty of a tort

Answer 5

FTCA covers damage to or loss of property or personal injury or death resulting from the **negligent** or **wrongful act(s) or omission(s)** of AF military or civilian personnel while **acting within the scope of their employment**. Claims under FTCA apply to accidents and/or incidents arising within the US and its territories.

Answer 6

Overseas claims or non-combat activities

Answer 7

SF 95, *Claim for Injury, Damage, or Death* If the incident involved a vehicle accident, a SF 91, *Motor Vehicle Accident (Crash) Report*, will be required with the SF 95

Answer 8

The statute of limitations is 2 years

Answer 9

This chart denotes which acts to use stateside or overseas based on the type of claim and who is making it

Answer 10

Persons (typically civilians) suffering damage, injury, or death if a private person would be held liable. Military and fed employees (rare circumstances)

Answer 11

Injury to person or property Due to negligence or wrongful act or omission Employee of the United States Government (USG) AND acting within the scope of employment Under circumstances where the USG, if a private person, would be liable

Answer 12

A rule applied by some states, which measures negligence in terms of percentage of liability, and limits each party's recovery to the percentage caused by the other party (very few states use this)

Answer 13

When a party presenting a claim contributed to the cause of the accident (negligence), some states prohibit parties from recovering an amount, regardless of their degree of negligence

Answer 14

Failure to act as a reasonably prudent person would if under the same or similar circumstances

Answer 15

Activity other than combat, war, or armed conflict that is particularly military in nature, has little parallel in civilian pursuits and has been historically considered as furnishing the proper basis for a claim

Answer 16

Up to $100,000

Answer 17

Overseas and Stateside

Answer 18

* Citizens who are US inhabitants (dependents of military members) * federal civilian employees temporarily assigned outside the U.S. on behalf of the U.S., * Military personnel and federal civilians

Answer 19

- Constitutional claims - Civilian employees for work related injuries or death - Claims resulting from negligence of claimant - Incident to service for injury or death (non-medical malpractice) - Combat Activities

Answer 20

* Discretionary Function * Permissible exercise of policy judgement * Two-part test * Was there an element of choice (did we prove all FTCA elements were met?) * Was it the kind Congress intended to protect * Damage incurred in performance of duty * Federal civilian employee claims of personal injury or death are barred * Damage/injury/death incurred incident to service (Feres Doctrine) * Rationale – peculiar relationship of soldiers and supervisors & effect on good order and discipline (Ex: medical doctors leaves a tool inside a person during surgery). * NDAA 2020 (added provisions that allowed for administrative relief.) * Derivative claims of family members

Answer 21

https://claims.jag.af.mil

Answer 22

---Tort claims information --- Hot notices -Outage to website or changes posted here ---Important information section (most used, claims for HHG and non-HHG) * This is where those who are retired or separated or retiring/separating within 120 days can start their claim * HHG (baggage, shipped motorcycles and vehicles) * Non-HHG (disaster claims, food spoilage, thefts, vandalism, etc) * User Guide – all the background needed to file * Within User guide (left side) there is a lot of information such as before you move, what you need before filing, additional links, repair sources, etc.

Answer 23

FLITEKM > Civil Law > Claims > Claims Service Center

Answer 24

Applies to both bodily injury and death

Answer 25

The dominant or primary cause of an injury or loss

Answer 26

- Review all available witness and case information -- Prepare for witness interview - ID yourself as AF representative - Take careful notes (body language, demeanor, behavior, statements, reactions). - Do not record the interview - If you suspect criminal activity - stop & contact JACC - Prepare open ended questions - Prepare pre-planned questions

Answer 27

- Work product statement on EVERY PAGE. witness does not get a copy. - No recording without prior approval. - Purpose: memoralize interview * Full name * Current work and home telephone number * Current work and home address * If military: Last four of SSN, home of record, PCS information * Short description of witness involvement * Paralegal or Attorney signs and add to file

Answer 28

* Security Forces – Reports & Analysis section (G-claims, blotter) * Transportation Office – GOVs records (condition prior to incident) * Civil Engineering – structural records (buildings barriers) * Flight Operations – Sonic booms, aircraft flight times, etc * Commissary and AAFES – Video footage & incident reports. Slip and fall accidents

Answer 29

* Preserve evidence * Maintain claimant information * Maintain continuity * Claimant has 2 years to file claim

Answer 30

Stop the interview and call JACC for further instruction.

Answer 31

the required work product statement.

Answer 32

As soon as possible you can memoralize as much detail as possible.

Answer 33

Work product statement

Answer 34

- Full name, current work and home phone numbers, current work and home address. - If military: last four of SSN, home of record, PCS information. - Short description of witness involvement - Signature of paralegal or attorney who drafted.

Answer 35

**NO** They are not entitled to a copy of this/these statements (it's attorney work-product).

Answer 36

- Security Forces – Reports & Analysis section (G-claims, blotter) - Transportation Office – GOVs records - Civil Engineering – structural records - Flight Operations – Sonic booms, aircraft flight times, etc - Commissary and AAFES – Slip and fall accidents

Answer 37

An investigation is conducted to determine the amount of damages potential claimants may have incurred during a major accident, natural disaster, or military activity

Answer 38

When there may be 5 or more potential claimants as the result of damages incurred during a major accident, natural disaster, or military activity. Ex: Hurricane destroys a bunch of property

Answer 39

- Preserve evidence - Maintain claimant information - Maintain continuity (claimant has 2 years to file)

Answer 40

- Administrative claim done on SF 95 - Gov has 6 months to process/ amendments reset 6 month clock - If settlement is above $25k it must go to JACC - Once amount determined, send offer letter and settlement agreement (Settlement agreement MUST be signed) - Greater than $2.5k = judgement fund/ less than $2.5k= SF 1034 submitted to Claims Service Center (CSC). - If denying FTCA, letter must include title and legal citation of statute, if they have the option to file suit and how long to do so . - If denying MCA, Title and citation listed, notice that it's the final denial of the administrative claim, that they can appeal within 60 days of the date of the letter, must be in writing.

Answer 41

- Claimant has 60 days to request an appeal. - Appeal goes to original office that denied claim - Must be in writing - Provide additional items claimant deems necessary

Answer 42

- Title & legal citation - This is the final denial - They can file an appeal within 60 days.

Answer 43

No. Only stateside

Answer 44

It resets the 6 month period.

Answer 45

When the claim is GREATER THAN $2,500.00

Answer 46

When the claim is BELOW $2,500.00

Answer 47

- Title & Legal citation of statute - Notice that it's the final denial - They can file in District Court - They have 6 months to file the suit

Answer 48

- Title & citation - Notice that it's the final denial of administrative claim - They may appeal and it must be within 60 days of the date of the letter

Answer 49

Do nothing Can sue in District Court Or request reconsideration

Answer 50

Do nothing CANNOT SUE Request Appeal

Answer 51

* Medical Malpractice * Personal Injury * Legal malpractice * Government Contractor Injury or Death * Admiralty Claims * Civil Air Patrol

Answer 52

SF 95, *Claim for Injury, Damage, or Death* If the incident involved a vehicle accident, a SF 91, *Motor Vehicle Accident (Crash) Report*, will be required with the SF 95

Answer 53

Yes, **as long as the claim is arising within the United States**

Answer 54

Settlement offer - prepared by settlement authority and shows legal office review and offer for settlement to claimant Settlement Agreement - attached to offer, and must be signed before payment. Includes claim number, brief description of facts, and settled dollar amount. Two copies must be signed with **wet** signature. Claimant must also fill out Electronic Funds Transfer form. Denial letter - done if claimant is unwilling to accept the offer or the claim is not a payable claim. Claimant is informed of the statute under which their claim was reviewed and the rationale for the denial. If done under FTCA or MCA, claimant is informed of their right to sue or appeal, respectively.

Answer 55

Settling claims against the US for damage to or loss of property, personal injury, or death, resulting from the negligent or wrongful act(s) or omission(s) of AF military or civilian personnel while acting within the scope of their employment, or otherwise incident to AF non-combat activities (NCA)

Answer 56

Combat activities of US mil forces; personal injury or death of a mbr of armed forces of the US incident to service; and personal injury or death that results wholly from the claimants negligent or wrongful act(s)

Answer 57

- Federal Claims Collection act gives Gov authority to go after tortfeasor to recover for damages. - - - - - - - - Assert claims greater than $100 or less than $100 when easily collected - Do not assert g-claims against members who would pay via FLI, loss or damage to AAFES, DeCA, or other fed agency. - - - - - - - SJA settlement authority is $25,000 - Waive or terminate when no merit or evidence - Forward to JACC when you cannot locate tortfeasor, or unable to collect funds. - - - - -- Payment - DD Form 1131, Money goes to org responsible for repair, mx, or replacement - Repair in kind

Answer 58

Any U.S. Government property and NAFI property

Answer 59

When damage caused is greater than $100 or if less than $100, when the money is easily collected

Answer 60

- Reimbursement from military member/civilian employee for claim paid by USG due to negligence of member - Reimbursement from military member/civilian employee being held accountable under FLI - Loss or damage to AAFES, DeCA, or other federal agency

Answer 61

- Identify the damage - Analysis of causation (who caused it, what hapened, etc), private insurance, amount of damages. - Assessment to see how much of the incident is the persons fault (state law) - Assertion - in writing Notice of Claim Memorandum (demand letter)

Answer 62

FLITEKM > Civil Law > Claims > Pro-Government/ “G” Claims > Templates and Resources (on the right)

Answer 63

Base SJA, up to $25,000k

Answer 64

Claim is legally without merit The evidence doesn't substantiate claim

Answer 65

Forward it to JACC

Answer 66

It gets forwarded to JACC because it is above the SJAs authority.

Answer 67

When the tortfeasor pays the third party repair or replacement service directly to repair or replace the damaged property.

Answer 68

You may be subject to civil and criminal penalties for violating the Privacy Act. Misdemeanor criminal charge, and a fine of up to $5,000 per incident.

Answer 69

1. Receive request in writing, but doesn't have to state PA or FOIA (must describe what they are wanting) 2. Who is requesting the PA record? Verify their identity 3. Do we keep those records? Use SORNS to ensure it's records kept. 4. Determine if there are there exemptions from SORNs 5. 10 days to send acknowledgement letter 6. 20 days to send records or denial

Answer 70

*Who is requesting the PA record, why do they need it? Get request in writing. *Subject: * Has an exemption been claimed? -----------No – release complete record -----------Yes – process under FOIA

Answer 71

Applies to executive agency (government) records about individuals, maintained in a system of records.

Answer 72

Any item or collection of info about an individual which is maintained by an agency and which contains that person’s name or other identifying particulars.

Answer 73

A group of records under the control of an agency from which information is retrieved by name of the individual or some personal identifier.

Answer 74

U.S. citizen or individual lawfully admitted for permanent residence.

Answer 75

The types of info protected by the PA. Protected information of an individual.

Answer 76

Information about an individual that is not protected under the PA.

Answer 77

- No prescribed from - Requestor must identify records they want - Provide verification of identity (of the requestor).

Answer 78

No, they have 60 days from the date of the denial letter to appeal.

Answer 79

* Classified information * Release would reveal confidential source * Requested info is data to determine suitability for federal service, contracts, or access to classified information * Requested information was used to determine promotability * Testing info if would compromise test

Answer 80

* Disclosures within DoD * FOIA requires disclosure * Routine uses posted in fed register * Bureau of the Census * Statistical research or reporting * NARA/GSA * Law enforcement purposes * Emergency disclosures * Congress * General Accountability Office * Court order * Consumer Reporting Agencies

Answer 81

Analyze under both statutes; if it's releasable under either, then release it.

Answer 82

AFI 33-332, Privacy and Civil Liberties Program, which implements DoDD 5400.11, DoD Privacy and Civil Liberties Program; and DoD 5400.11-R, DoD Privacy Program

Answer 83

* To provide a publicly releasable report of the facts and circumstances surrounding the accident with statement of opinion * To gather and preserve evidence for claims, litigation, and disciplinary actions/adverse administrative actions * Preliminary source of info f/ CC * For all other purposes

Answer 84

President - outside mishap wing, FGO or GO (fatality - GO), c/w AFSEC Board President Course Legal Advisor - outside mishap wing, completed AIB Crse or Acc. Inves. Crse (Fatality = FGO) Recorder - Enlisted or junior officer (Fatality = must have c/w AIC) Conv. Auth. may direct add. mbrs: Mx, Medical, Pilot, SMEs

Answer 85

* Estb contact w/ base legal office * Set up work center * Contact AF/JAT for court reporter support * Asst Legal Advisor in checking privileged information so AIB don’t get conflicted out * Redact FOUO/PA information from a copy of Part 1 * Copy Part I of the SIB for each member * Attend planning meetings * Schedule & attend witness interviews as needed * Conduct pre-interview briefings with witness' * Obtain Witness’ contact info for post interview memorandum * Gather evidence as needed * Asst in ensuring report including tabs are set up and appropriate for public release IAW applicable law

Answer 86

Executive Summary - (BLUF) written for easy understanding, brief summary, abbreviated opinion, president does not sign. Summary of Facts - Broken down by topic (51-307), each expert drafts a section, requires support from evidence, does not contain opinions. Statement of Opinion - Presidents opinion alone & publicly releasable, uses specific facts from summary, must be approved by MAJCOM convening authority for approval. Distribution: * Cannot release until approved ( by MAJCOM/CC) * Released to media/families/etc. after approval * AIB President meets with next of kin

Answer 87

* On-duty class A accidents involving AF aerospace assets. * Class A are those that result in: * Direct mishap cost of $2.5 million or more * Fatality or permanent total disability * DoD aircraft destroyed * Probable high public interest * Anticipated litigation for/against U.S. or government contractor

Answer 88

If witness’ testimony is critical or provides large amount of evidence for report

Answer 89

Air Force court reporters

Answer 90

On-scene CC -> SIB President -> AIB President -> AIB to Installation CC of mishap wing Must be in writing

Answer 91

JACC and MAJCOM/CC

Answer 92

FOIA monitor recieves the request > Sends request to OPR (Office who would have the record) > If full record can be released, it is released OR If full record cannot be released, a legal review of the partial or full denial must be done. > IF we agree with the OPR on (full or partial), it goes to the Initial Denial Authority at the MAJCOM (second legal review is c/w) ultimate decision is made to release or not.

Answer 93

“The basic purpose of the FOIA is to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption and to hold the governors accountable to the governed”

Answer 94

- Commercial - Educational, non-commercial scientific institution, and news media - Others (if it's not one of the top two categories)

Answer 95

* 5 U.S.C. § 552 * DoDM 5400.7 * DoDM 5400.7_AFMAN 33-302

Answer 96

Statutory processing time: 20 workdays. Starts no later than 10 days after received. Can toll 20 day time for an attempt to obtain additional information from requester and to clarify fee assessments.

Answer 97

1 - Classified 2 - Internal Personnel Rules and Practices 3 - Statutory Exemptions 4 - Trade Secrets/Commercial Information 5 - Normally Privileged Documents 6 - Personal Information 7 - Law Enforcement Information 8 - Financial Records* 9 - Geological Information*

Answer 98

For FOIA - neither confirm nor deny if the existence or non-existence of a record.

Answer 99

SAF/GC 3rd legal review by JACL-IL

Answer 100

- Combats fraud waste and abuse in healthcare delivery and improves access to healthcare services.

Answer 101

* As required by law (e.g., statutes, AFIs or higher, court orders) * Public health activities (e.g., FDA) * About victims of abuse, neglect or domestic violence * For health oversight (e.g., audits) * For judicial and administrative proceedings (e.g., court order) * For law enforcement purposes (e.g., investigation or prosecution) * About decedents (e.g., coroners, MEs, funeral directors) * For cadaveric organ, eye, or tissue donation purposes * For research involving minimal risk * To avert a serious threat to health or safety * For specialized government functions * For workers compensation

Answer 102

* Name * Address * Zip code * Phone number * SSN * Gender * Age * Race * Diagnosis * Treatment

Answer 103

Treatment Payment Healthcare Operation Answer = When used for TPO

Answer 104

* Healthcare providers who transmit health information in standard electronic transactions (e.g., MTF) * Health plans (e.g., TRICARE) * Healthcare clearinghouses (e.g., billing companies) * Business Associates

Answer 105

* Those that act on behalf of a covered entity (MHS Genesis, which houses information) * HIPAA permits disclosure of PHI to business associates with a business associate agreement * Anyone subject to DOD regulation does not need a separate business associate agreement

Answer 106

* To determine member’s fitness for duty (e.g., CDE) * To determine the member’s fitness to perform any particular mission, assignment, order, or duty, including compliance with any actions required as a precondition to performance of them (e.g., PRP) * To report casualties in military operations/activities * To carry out any other activity necessary to the proper execution of the mission of the Armed Forces

Answer 107

* Attorney-Client Privilege (MRE 502) – A rule of evidence protecting confidential communications between a lawyer and a client from disclosure. CLIENT * Confidentiality – The basic ethical principle that a lawyer shall not reveal information relating to the representation of a client. ATTORNEY/PARALEGAL

Answer 108

Providing Legal Advice (ATTORNEYS ONLY): * Evaluating the probable outcome of litigation, negotiations, or other proposed action for or with a client * Outlining legal rights or responsibilities to a client * Interpreting and applying statutes, decisions, or legal documents to a client Providing information (Paralegals): - Providing forms, handouts, explaining meaning of terms in documents. - No analyzing statutes or applying law.

Answer 109

- Operating outside of jurisdiction (attorneys can't do this) - Giving legal advice (paralegals can't do this)

Answer 110

- Attorneys shall inform the proper authority when they have knowledge of another attorney or judge’s conduct. - Proper Authority: --f/ Judges – Chief Trial Judge of the Air Force --f/ Attorneys – Senior Supervising Attorney ---- SSA will notify TJAG’s Professional Responsibility Administrator (TPRA) ---- TPRA then monitors the processing of the allegation

Answer 111

Competence - understanding the bounds of "dos" and "do nots" * Legal Knowledge * Skill * Thoroughness * Preparation * SUPERVISOR makes the initial determination, but each legal professional must know their limits Diligence: * Constant and earnest effort to accomplish what is undertaken; persistent exertion of body or mind. * The degree of care and caution required by the circumstances of a person. * Lawyers shall act with reasonable diligence and promptness in representing a client.

Answer 112

- Two spouses wanting to see the same attorney for matters in their divorce. - SVCs cannot represent multiple victims of the same case. - ADCs cannot represent multiple ACC's in the same case. - Directly adverse to another client

Answer 113

* A situation that interferes with a lawyer’s ability to fulfill basic duties of candor, confidentiality, and loyalty to a client; conflicts may arise due to a lawyer’s own personal interests in a matter, another existing client’s interests, or a former client’s interests.

Answer 114

Cannot solicit for gifts except infrequent or special occasions (baby shower, white elephant). Not more than $480 total. Gifts of more than $480 becomes property of the U.S. Official speakers cannot be compensated. EXCEPTIONS: items of minimal value, fee waivers, meals, etc. Travel benefits: if person volunteers to be bumped, can keep compensation. Cannot interfere with duties. If involuntary - compensation belongs to the government.

Answer 115

- Ensure they're aware of any pre-existing federal fundraisers - No more than 3 fundraisers per qtr - No duplication of AAFES/NAFI - No alcohol, no gambling, not on duty hours, not in uniform - No soliciting funds on base

Answer 116

- We do not advise POs, can review constitution and by-laws to ensure they're operating appropriately and clearly described. - Ensuring they're aware of financial liability (laid out in constitution and by-laws) - Responsibilities of Officers (Pres, VP, Secretary, Treasurer, etc) - Disposition of residual assets upon dissolution - Constitution and By-laws submitted every 2 years.

Answer 117

MSG/CC or FSS/CC

Answer 118

Reviews and advises the installation commander.

Answer 119

* Nature, Function, Objectives, Membership Criteria, Sources of Income * Mbrs Notified of Personal Financial Liability * Responsibilities of Officers * Disposition of Residual Assets Upon Dissolution

Answer 120

CFC (Combined Federal Campaign) and AFAF (Air Force Assistance Fund)

Answer 121

Frequent or continuous resale activities.

Answer 122

- No more than 3 fundraiser per qtr - No duplicating AAFES or NAFI - No alcohol - No soliciting funds on base (may accept gifts/donations)

Answer 123

Never. An occasional and infrequent raffle may be done.

Answer 124

Cannot be done in uniform, on duty or in the workplace

Answer 125

"THIS IS A PRIVATE ORGANIZATION. IT IS NOT A PART OF THE DEPARTMENT OF DEFENSE OR ANY OF ITS COMPONENTS AND IT HAS NO GOVERNMENTAL STATUS."

Answer 126

Meeting place can be a government area but should be a reasonable duration and frequency. Equipment, such as printing, should be extremely limited with the permission of leadership. Sending emails: permission from leadership, disclaimer should be on email, email should NOT be signed as members official duty position (i.e. NCOIC of MJ) it should be President, VP, etc

Answer 127

- Who can approve the fundraiser? - Type of fundraiser and is it away from the workplace? - Appearance of official endorsement? - Not in uniform and not on duty time? - Consider if it's during official fundraising times (CFC, AFAF)

Answer 128

- Disc. happens in preparation of litigation. --Doc. Req, Electronic requests, statements made, Interrogatories, admissions, depositions - MSPB o Submit all proposed actions potentially appealable o Acknowledgement order to LLFSC o Secure potential evidence o Administrative assistance --we provide support to Labor Law Support Center -EO Complaints --Provide support to EEO as they work through complaints.

Answer 129

- Ensure cause of action is reviewed - State specific reasons - Employee must be notified of purposed actions (reprimand, suspension, removal, reduction in pay or grade.) non-disciplinary (admonishment, security clearance suspension, medical). - Individual must receive materials to respond - After response, notify member of final decision. - -- Inform of ability to appeal.

Answer 130

A pay system covering most white collar civilian fed. employees whose pay grades range from GS-1 to -15 positions, consisting of professional, technical, administrative and clerical positions.

Answer 131

A pay system covering federal blue collar civilian employees. The Fed Wage System was developed to make the pay of fed blue-collar workers comparable to prevailing private sector rates in each local wage area.

Answer 132

A [ay grade in the civil service of the US Fed Gov and is similar in some respects to the ranks of general or admiral in the US Armed Forces. SES includes most managerial, supervisory and policy decisions classified above GS-15 or equiv. positions in the exec. branch of the fed gov.

Answer 133

Persons paid from NAF of instrumentatlities of the U.S. Generally these employees work in organizations that are responsible f. the enhancement of the QoL f/ personnel of the Armed Forces.

Answer 134

Includes all appointed positions in the executive, judicial, and legislative branches of the Gov of the U.S., except positions in the uniformed services. The US Civil Service includes both competitive service and excepted service. Employees who receive a career or career-conditional appointment, and who have not previously completed probation serve a 1-year probation period.

Answer 135

Reformed the Civil Service of US fed gov. The CSRA became effective 11 Jan 1979 and replaced the Civil Service Commission w/ 3 new independent agencies: Office of Personnel Management (OPM) Federal Labor Relations Authority (FLRA) Merit Sys. Protection Board (MSPB)

Answer 136

The OPM primarily provides management guidance to the various agencies of the executive branch and issues regulations that control federal human resources. The OPM is responsible for personnel management, which includes insurance, retirement, examinations, job classifications, and administration of the Fair Labor Standards Act (FLSA)

Answer 137

IAW the MSPB at mspb.gov, the Board's missi is to protect Fed merit systems and the rights of individuals w/in those systems. MSPB carries out its statutory responsibilities and authorities primarily by adjudicating individual employee appeals and by conducting merit systems studies. MSPB hears the appeals of fed employees who are disciplined or otherwise separated from their positions. The board review significant actions of OPM to assess te degree to which those actions may affect merit.

Answer 138

AFI 64-106 details the authorized union activities on installations and the duties and responsibilities of AF personnel when a labor dispute occurs. Discusses what the AF does about labor dispute demonstrations on AF installations and at overseas commands and activities.

Answer 139

the AF AGS establishes a processu nder which an employee, or a group of employees acting as individuals, may request personal relief in any matter of AF management. The AGS covers requests f/ personal relief in any matter or concern or dissatisfaction regarding their employment subject to the control of DoD management.

Answer 140

The Fed. Employees Compensation Act (FECA) provides benefits to fed employees who sustain disabling injuries as a result of their federal employment

Answer 141

The Dept. of Labor has entered into agreements w/ all of the states and jurisdictions, including the District of Columbia, Puerto Rico, and the Virgin Islands. The agreements provide f/ the states to administer the UC prgrms and allow the State Employment Security Agencies to determine and pay UC claims, review appeals, and conduct due process hearings based on the app. State UC law.

Answer 142

AFI 36-704, provides instructions f/ maintaining discipline and f/ taking discipline and adverse actions against certain civilian employees paid w/ appropriated funds only. Suspensions, removals, furlough f/ 30 days and in some cases, reductions in grade or pay.

Answer 143

AFI 36-704, is an action management takes to correct an employee's delinquency or misconduct. Oral admonishment, reprimands, suspensions, removals, and in some cases, reductions in grade or pay.

Answer 144

A recognizable offense against the employee-employer relationship such as a violation of rule, regulation, or procedure.

Answer 145

A nondisciplinary action placing an employee in a temporary nonduty and nonpay status because of lack of work or funds or for other nondisciplinary reasons. It is an adverse action if it is f/ a period of 30 calendar days or less.

Answer 146

Reasonable connection or factual relationship between the reasons for the action taken and the efficiency of the service.

Answer 147

FLRA exercises leadership under the statute to promote stable, constructive labor relations that contribute to a more effective and efficient Government. Mission is to carry out 5 primary statutory responsibilities as efficiently as possible and in a manner that gives full effect to the rights afforded employees and agencies under the statute.

Answer 148

Independent fed investigative and prosecutorial agency. Basic authorities come from 4 federal statutes. Primary mission is to safeguard the merit sys. by protecting fed. employees and applicants from prohibited personnel practices, especially reprisal f/ whistleblowing.

Answer 149

EEOC responsible f/ ensuring fed. laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex, national origin, age, disability, or genetic information.

Answer 150

Individual (mil or civ) who reports directly to the installation/center commander to manage the EO complaints program f/ which the CC/director is responsible.

Answer 151

A written complain of discrimination filed by an individual employee who believes he or she has been discriminated against because of race, color, sex, national origin, religion, age, disability, or reprisal.

Answer 152

ADR is any procedure that is used to resolve issues in controversy by mutual agreement of the parties, including but not limited to facilitation, mediation, and fact finding. Gen purpose is to maintain a productive work environment in which disputes are avoided or settled quickly and at the lowest possible organizational level, and is essential to the effective functioning of the AF and accomplishment of its national security mission.

Answer 153

Negotiations between organized workers and their employer concerning wages, hours, etc. Both the agency and the union have the duty to bargain in good faith regarding conditions of employment.

Answer 154

The relationship among federal agencies, represented employees, and the unions representing those employees. A ULP as defined by AFI 36-701, is basically an action by either an employer, an employee, or union which violates the provisions of labor relation laws, such as refusal to bargain in good faith.

Answer 155

Three Official information Classified information Witness Testimony

Answer 156

- Official Information: --Litigation Division (JACL) when US is a party to litigation or has direct/indirect interest. -- MLC release f/ unclass. factual info of medical and other records. (If no MLC then it's SJA) -- Contracting Officers f/ info to be used at Armed Services Board of Contract Appeals. -- SJA for all other matters including unclass. factual info.

Answer 157

-Classified Information: --Must first be authorized by proper security office or be declassified prior to release. NO ONE CAN RELEASE W/O THIS STEP. -- Foreign Courts follow same procedures as traditional courts unless otherwise specified by component command SJA.

Answer 158

-Witness Testimony: --AF/JAA - state and local legislative bodies --AFLOA/JAC - matters in civil litigation --AFLOA/JAQ - matters in commercial litigation --MLC - medical providers/personnel testifying. --Litigation Division or AFLOA/JACL is US is party or direct/indirect interest --SJA f/ all other matters.

Answer 159

All pretrial, trial and post-trial stages of existing or anticipated judicial or administrative actions

Answer 160

Litigation in which the U.S., in an official capacity, is NOT a party and has no interest (divorce, custody, neighbors arguing about property lines)

Answer 161

- All info of any kind, however stored, that is in the possession, custody or control of covered personnel in the AF. Covered personnel: AD, reserve and duty or training status, guard and fed in title 10 status, civilian employees, cadets, retired and former personnel, direct/non-direct non-US national contractors. Other ex: classified information, training records, paper, photographs etc about DoD property.

Answer 162

Represent the gov's interest in judicial proceedings involving the AF

Answer 163

SJAs may consult w/ DoJ or US Attorney to defend denials

Answer 164

SJAs may release unclassified official info that is not privileged to DoJ or the US Attorney on request SJAs must follow appropriate release rules for requests for classified info prior to release to DoJ

Answer 165

* Request unduly burdensome or otherwise irrelevant? * Does request specify remedial info that is inadmissible under the rules of evidence or is the info otherwise inappropriate under the applicable court rules? * Would disclosing the info be appropriate under the rules of procedure governing the case and under the relevant substantive law? * Would disclosing the info violate any statute, executive order, regulation, directive, or policy? * Would disclosing the info reveal classified or other restricted info? * Would disclosure interfere with ongoing enforcement proceedings, compromise constitutional rights, reveal confidential informant, disclose trade secrets or similarly confidential commercial or financial info?

Answer 166

- Give legal advice to AF personnel under subpoena to testify about official info - Determine subpoena was issued by competent court - Make/negotiate an adequate response or appear before court - Where another release authority is involved, SJA consults w/ that authority.

Answer 167

DoJ OFL (Office of Foreign Litigation)

Answer 168

Consult with responsible litigation division or AFLOA/JACL SJA may then communicate w/ the counsel requesting the subpoena, explain restrictions, give the attorney releasable info, suggest withdrawing the subpoena.

Answer 169

10 USC 982 provides when AF members are exempt from jury duty -Categorically exempt: GOs, CCs, operating forces personnel in training and personnel overseas - Not Categorically exempt: duty interferes w/ military duty or adversely affects the readiness of the unit.

Answer 170

- Af member informs immediate CC - If AF mbr not categorically exempt, the immediate CC decides if exemption applies. --If exemption is appropriate = forward to SPCMCA -SPCMCA may request advice from SJA -SPCMCA makes decision. If exemption is appropriate, mbrs immediate CC notifies state or local official.

Answer 171

Appropriation

Answer 172

- Roots trace back to Constitution - Constitution separates responsibilities of power among the 3 branches of government through federal statutes and regulatory guidance. - Appropriation is getting the money, authorization is HOW you spend the money. - Everything comes from a certain pot of money used for those specific acts. -Authorization Acts: Statutes passed by congress that authorizes the use of funds for programs, services, etc. -Appropriations Acts: Statutory authorization to incur obligations and make payments out of the US Treasury.

Answer 173

Appropriations Statute from (Congress) -> Apportionment (OMB)(President) -> Formal subdivision (@ HAF/MAJCOM) -> Informal subdivision (@NAF and Wings)

Answer 174

Time: Used within certain amount of time (can't use FY23 funds for FY24 projects) Purpose: Used for certain purpose Amount: certain amount of money. Not overspending.

Answer 175

1. O&M - things for the unit (toilet paper, etc) - annual 2. Personnel pay & allowances - annual 3. RDT&E - (Research development test and evaluation) of new computer systems software - 2 years 4. Procurement of weapons, aircraft, ships, missiles - 3 yrs 5. MILCON --$6million for 5 years (Specified Military Construction) --$2million-$6million for 5 years (UMMC) --<2million for 1 year (O&M Funds for Construction

Answer 176

* MILCON Projects (Specified Military Construction) --Specific Projects over $6M --Funds available for 5 years --Report breaks down appropriations by project Unspecified minor military projects (UMMC) -- Ex: adding new wing to a building -- Between $2M and $6M -- Funds avail f/ 5 years O&M funds --Under $2M -- Funds avail f/ 1 year

Answer 177

Construction : Building something new Repair: Restoring, painting, filter, light bulb, etc.

Answer 178

- Violating the Time, Purpose and Amount rules constitutes a violation of the ADA. 3 levels that can be violated. - Appropriation - do not obligate funds in advance or in excess - Apportionment - Control rate of obligations, delegated to president OMB, distribution of amounts available in appropriation. - Formal subdivision - Agency establishes controls, restricts obligations and expenditures, and fixes responsibility.

Answer 179

Administrative sanctions (not willful): Admonishment, Reprimand, Suspension without pay, Relief of command, Adverse EPR/OPR. Good faith is no defense. Criminal Sanctions (willful violation [fraud]): may result in $5k fine, 2 yrs prison, or both.

Answer 180

DAFI 36-3211

Answer 181

DAFI 36-3211

Answer 182

* 7B – Involuntary Convenience of the Government * 7C – Defective Enlistment * 7D – Entry Level Performance * 7E – Unsatisfactory Performance * 7F – Substance Abuse * 7G – Misconduct

Answer 183

- Parenthood* - Insufficient retainability for required training - Conditions that interfere w/ Mil Service (sleep walking, extreme ADHD, etc) *Preprocessing rehab required! (must be allowed to try to fix issue first)

Answer 184

- Enlistment of minors - Void enlistment --Not enlisting under correct basis (went awol from another branch) - Erroneous Enlistment * - Fraudulent entry * *MANDATORY PROCESSING OR WAIVER REQUEST

Answer 185

--Only used w/in first 365 days - Unsat performance - Failure to adapt - Fail to progress in mil training - Lack of self-discipline - Minor disciplinary infractions *Preprocessing rehab required!

Answer 186

- Unsat duty performance* - Fail to maintain standards (dress/appearance)* - Fail to progress in mil trng* - Irresponsibility w/ finances* - Unsanitary habits* - Fail to meet minimum fitness standards* *Preprocessing rehab required!

Answer 187

- Airmen in prgrm of rehab for drugs/alcohol - Fail to complete the progrm (Inability, refusal to participate, unwillingness to cooperate)

Answer 188

- Minor Disciplinary Infractions* - Pattern of Misconduct* - Civilian Conviction* (mandatory) - Commission of a serious offense - Drug Abuse* (Mandatory) - Sexual Assault* (Mandatory) *Preprocessing rehab required! *MANDATORY processing or waiver request

Answer 189

+ Separations with characterization 1. Honorable (fitness standards) 2. Under Honorable Conditions (General) 3. under other than honorable conditions (UOTHC) +Separation without characterization 1. Entry Level Separation

Answer 190

Initiating CC & member CC: - Decertification f/ PRP - EPR due - Serve notification memo - Schedule ADC - Schedule medical exams - Let them know of their ineligibility to re-enlist - preparing CC recommendation letter - Obtain and maintain response from member (member has 3 duty days to respond) - Send case file for processing Action by the member: - Acknowledges receipt of notification - Reports for medical - Consults ADC - Submits response/statement(s) if any

Answer 191

* Proposed discharge * Reason(s) for action * Ineligible to reenlist * Sexual assault reporting statement * Right to counsel w/ appt date/time * Right to submit statements * Failure to seek counsel/submit statement * Medical exam w/ appt date/time * Privacy Act * Where a copy of AFI can be found

Answer 192

- BLUF / Introduction - Facts (Evidence for the Government) - Member’s Response (Evidence for the Respondent) - Law and Analysis - Answer 4 Qs! (Basis f/ discharge, appropriateness f/ discharge, service characterization, should mbr get P&R?) - Errors and Irregularities - Options for separation authority - Recommendation from JAG

Answer 193

* NCO * 6 Years * National Security type incident * UOTHC

Answer 194

– Voting Members * Minimum of 3 Officers (1 FGO) * If Respondent requests enlisted, enlisted on panel ---------------------------- – Nonvoting Members * Legal Advisor (Similar to MJ) * Recorder (Government) *Respondent’s Counsel (Defense)

Answer 195

Basis: Substandard Performance of Duty, Misconduct/Moral or Professional Dereliction Characterization: Honorable; Under Honorable Conditions (General); and UOTHC

Answer 196

Not for Cause; and For Cause

Answer 197

* Reserve officers reach age limit * Non-selection for promotion * Lose ecclesiastical indorsements (Chaplains) * Reached max years service / service in grade * Officers who don’t complete medical education or training * Licensure

Answer 198

* Failure to show acceptable qualities of leadership * Failure to achieve acceptable standards of proficiency * Failure to discharge duties * Unacceptable record of effectiveness * Marginal service over an extended period of time * Apathy or defective attitude/unwillingness effort * Mental disorders * Failure to conform to standards of dress/appearance * Family care responsibilities * Unsatisfactory progress or failure in, or disenrollment from an active status skills-awarding education or training program

Answer 199

* Failure to meet financial obligations * Mismanagement of personal affairs * Drug abuse * Serious or recurring misconduct * Neglect/failure perform duties or complete training * Misconduct resulting in loss of professional status * Intentionally misrepresenting/omitting facts in statements * Fear of Flying * HIV Related Reasons * Interests of National Security * Unprofessional Relationship (Serving in position of trust)

Answer 200

* Honorable * Under Honorable Conditions (General) * Under Other than Honorable Conditions (UOTHC) NO ENTRY LEVEL

Answer 201

* Probationary Officer: Less than six years on AD. * Non-Probationary Officer: Six years on AD or more

Answer 202

determines whether the information or evidence presented warrants initiation of discharge action

Answer 203

* WG/CCs (if General Officer) * GCMCAs for WGs that don’t have General Officer/CC

Answer 204

10 CALENDAR days

Answer 205

Refers the case to AFPB or BOI; OR Retain the officer

Answer 206

* Probationary officers (< 6 yrs AD) when SCA recommends Honorable or General

Answer 207

The AFPB notified SCA of that opinion and SCA re-evaluates.

Answer 208

* Nonprobationary officers (6 years or more AD) REGARDLESS of recommended characterization. * Probationary officers when SCA recommends UOTHC * If SCA determines it would be appropriate

Answer 209

- Convened from officers at AFPB Agency - Officer may be asked for testimony - Makes recommendations and sends to Officer of Secretary of the Air Force (SECAF is FINAL authority)

Answer 210

- Convened by SCA, and has 3 voting officers - Legal advisor and recorder - Officer may be present w/ ADC - BOI makes recommendation/sends to OSAF f/ final action.

Answer 211

"as efficiently as possible"

Answer 212

See image.

Answer 213

the LAWS website allows customers to prepare ticket numbers for greater efficiency in the estate planning process (POAs and wills). Client and Admin side Client side: feedback & worksheets, FAQs Admin: review feedback, system tools to retrieve will worksheets.

Answer 214

*Testators intentions clearly spelled out * Provide for minor beneficiaries (separate trust vs. single trust) * Arrangements for minor children * Appointment of agents/alternates * gets an individuals estate to the right people at the right time.

Answer 215

military: location where you have both physically resided and formed an intent to return to permanently to the exclusion of any other domicile. Civilians: The residence where you have your permanent home or principal established and to where, whenever you are absent, you intend to return.

Answer 216

Relating to a will or given by a will

Answer 217

All the possessions of one who has died that are subject to probate administration and distribution to heirs and beneficiaries, including property and debts.

Answer 218

A supplement or an addition to a will used to explain, modify, add, subtract, qualify, alter, restraing or revoke provisions in a will. Has the same execution requirements as a will change executors, gifts without changing the will. This is not done in the Air Force

Answer 219

A person named in a will to receive specified propertly. Someone who benefits from the will

Answer 220

When a gift fails or goes away. When ademption occurs, the estate is not liable for the value of the gift to the intended beneficiary

Answer 221

Deny interest in or connection with; refuse to accept a testamentary gift from the estate. You can't compel someone to take a gift.

Answer 222

All persons who have descended from a common ancestor (kids/grandkids)

Answer 223

A person lawfully vested with the power and charged with the duty of taking care of managing the person and/or property of another who, because of age, understanding, or self-control, is determined to be incapable of administering their own affairs. Not just for kids could also be for elderly and or handicapped.

Answer 224

Person appointed by the court to look out for the best interests of the child during the course of legal proceedings. Can be volunteers or social workers.

Answer 225

That a person can be represented in a legally binding manner by other's decisions. The legal process is used for minors and others who are legally incapable of making decisions.

Answer 226

Property owned in a common by husband and wife where each spouse owns a undivided one-half interest in the community property.

Answer 227

Land and everything that is permanently affixed to land, such as structures and fixtures within structures.

Answer 228

a testator giving real property land and house are devised

Answer 229

all intangible property that is movable, and thus not real property

Answer 230

a testator giving personal property

Answer 231

The portion of the estate that is not otherwise devised or bequeathed, or used to pay debts and administrative expenses.

Answer 232

A person named by the testator/testatrix who is responsible for administering their estate upon their death. Could also be known as a personal representative

Answer 233

A person acting primarily for another's benefit in confidence, good faith, prudence, and fair dealing, such as trustee or executor. Works for Estate

Answer 234

To clear of an accusation; to relieve from an obligation or duty

Answer 235

the property shall be distributed in equal shared among living desendants who are the same level of relationship to the testator to the exclusion of all other, i.e. all living children, or living grandchildren if there are no surviving children.

Answer 236

Property shall be distributed in equal shares among the children, with the issues of deceased children dividing their deceased parent's share equally.

Answer 237

A right of property created by the trustor, and held by the trustee, for the benefit of at least one beneficiary.

Answer 238

The individual who established the trust, who transferred the property into the trust. For your purpose this will be the testator/testatrix.

Answer 239

The individual who is responsible for holding and keeping the trust property for the benefit of the beneficiaries.

Answer 240

A trust created in the deceased's will

Answer 241

a living turst. This trust begins at the time of the trust instrument, during the life of the trsutor. It can entail the distribution of assets to the beneficiary during and after the truster's lifetime such as tax benefits.

Answer 242

When a trustor creates more than one trust, and each trust has different beneficiaries. Typically, there would be one trust for each beneficiary. Separate trusts may have different trustees. Good to use in families with huge age gaps.

Answer 243

When a trustor creates one trust, with pooled assets for all the beneficiaries, with one trustee

Answer 244

A trust that is designed IAW law to ensure that the existence of that trust does not eliminate the trust's beneficiary from eligibility for government provided health care assistance. Individual in a government run facility. Money being bequeathed directly will result in taxes; this trust preserves the right to benefits.

Answer 245

A trust that is funded with specific assets or a specific amount of assets from the estate

Answer 246

Actual signing and notarizing of a will according to procedural requirements of applicable law

Answer 247

Instrument that is prepared with testamentary intent in accordance with AFI 51-504 and: (1) is executed IAW 10 USC 1044d by a person, as a testator, who is eligible for military legal assistance; (2) makes disposition of property of the testator; and (3) takes effect upon the death of the testator

Answer 248

a notarized, written declaration signed by each witness and the testator/testatrix that attests to the circumstances under which the will was executed

Answer 249

States a person's desires regarding the termination of life support in the event of a terminal, incurable medical condition, during which the person is incapable of competently communicating their desires lecture to follow on importance of this.

Answer 250

Appoints another person to make health care decisions should the client become incapacitated and unable to make decisions on his/her own

Answer 251

to fail to occur, particularly a gift in a will. The termination of a gift or future distribution from a trust, caused by the death of the person to whom the gift was intended.

Answer 252

* Fasten pages together securely * Number of page of will, not affidavit * Ensure testator/testatrix’s understanding * Check ID cards * Testator and witness questions * Initials and date

Block III - General Law & Claims Flashcards

(296 cards)