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Vol 1 Flashcards

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1
Q

Who was the first Judge Advocate General of the Air Force?

A

Colonel Reginald C. Harmon

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2
Q

When did paralegals receive a separate and distinct AFSC?

A

1 May 1955

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3
Q

Who is credited with obtaining approval for establishment of the first AF paralegal apprentice
school?

A

Chief Swigonski

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4
Q

Who was responsible for the creation of the current Paralegal Craftsman Course?

A

CMSgt Dennis P. Spitz

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5
Q

List some of the duties of a defense paralegal (DP).

A

Interviewing
witnesses, gathering evidence, assisting clients in preparing responses to adverse actions, performing
legal research, and general office work

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6
Q

What curriculum areas are the Paralegal Craftsman Course broken into?

A
  1. Legal research and writing.
  2. General law and claims.
  3. Military justice.
  4. Operations and international law.
  5. Law office administration.
  6. Ethics and professional responsibility.
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7
Q

List the responsibilities of the TJAG.

A

Chief of Staff, Air Staff, and AF commanders, supervise AF programs dealing with international law,
including foreign criminal and civil litigation, the law of armed conflict and space law; supervise the
Standards of Conduct Program; and supervise writing draft legislation, analyze legislative proposals and
coordinate Air Staff legislative positions, Designate and certify judge advocates, and supervise the AF
Legal Operations Agency.

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8
Q

Where would you go to find more information on the duties of the individuals that make up the
TJAG’s Corps?

A

AFI 51-101

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9
Q

TJAG Requirements

A
  • Lt General
  • Appointed by the pres + senate
  • 4 year term
  • at least 8 years of experience in legal duties as a commissioned officer
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10
Q

TDJAG

A
  • Ambassador for JAGC and fills in for TJAG
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11
Q

Senior Paralegal to TJAG

A
  • CMSGT
  • Advisor to TJAG
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12
Q

At what level or levels in the military structure are SJAs assigned?

A

MAJCOM, GCM, and Base level offices

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13
Q

A civilian attorney may be used at what level within TJAG’s Corps?

A

At all levels throughout the corps

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14
Q

Who makes up a typical ANG unit’s legal office?

A

An SJA, deputy SJA, and two paralegals.

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15
Q

Who augments and supports active duty forces?

A

Cat B/IMA

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16
Q

Which TJAG award is designed to recognize active duty SSgts or TSgts for their demonstrated
excellence, superior initiative, technical skill, leadership ability, attorney/paralegal teaming,
external collaboration, and devotion to duty?

A

Steve Swigonski NCO award

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17
Q

What agencies establish their own procedures for selection of command/organizational nominees
for TJAG annual awards?

A

MAJCOMs and AFLOA

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18
Q

Where are TJAG award nominations sent for consideration?

A

AF/JAX Professional development directorate

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19
Q

How often do you need to certify Roster

A

Annually

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20
Q

What is the first resource for LLAO duties?

A

NetRAMS

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21
Q

What are the ULL responsibilities of AFLOA/JAS?

A

(1) Establish corps-wide policies and procedures for the operation and management of the ULL.
(2) Evaluate, plan for, and purchase the best combination of electronic and paper legal research resources
within authorized funding levels.
(3) Provide guidance and supervision of all AF law libraries.
(4) Centrally order and track core law library system materials.
(5) Approve disposition of excess law library materials, including materials from scheduled office
closures.
(6) Ensure the Unified Law Library Handbook is available on the NetRAMS Home Page and that the
handbook establishes procedures for managing centrally purchased library materials.

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22
Q

Who may serve as the base LLAO?

A

Anyone. No grade restrictions

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23
Q

How is the LLAO appointed?

A

In writing by the SJA

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24
Q

When changing the LLAO, what’s the second and final thing that must be done?

A

Certificate of transfer

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25
When publications are received for the law library, what must be done after materials are accounted for?
Stamp books with “US Government Property” on the inside cover and front edge of pages. Stamp periodicals on the front cover.
26
List the three types of law library records and their purpose.
(1) NetRAMS; lists the publications in the law library. (2) The acquisition file holds invoices or other documents received with publications. (3) The disposition file consists of documents about the disposition of publications in the law library.
27
Once you receive AFLOA/JAS approval, how do you dispose of books when they become obsolete or nonserviceable?
Transfer to DRMO
28
What is the process for purchasing commercial publications?
Prior to submitting a request to AFLOA/JAS, consider other means available to obtain material such as local public law libraries or online media (i.e., FLITE, Lexis, and Internet). If the new publication cannot be obtained by other means, forward a written request signed by the SJA or equivalent, as the requesting official. Send the request letter through the requester’s functional chain of command (MAJCOMs, FOAs, and Circuit as applicable) to AFLOA/JAS for approval.
29
Who has final approval authority on all purchase requests?
AFLOA/JAS
30
What are the three reasons or considerations a complete inventory is conducted in the law library?
Annual inventory when changing LLAO As directed by AFLOA/JAS, MAJCOM/JA, or local SJA
31
How are inventories conducted?
Compare each centrally and locally purchased publication on the shelf with the NetRAMS inventory.
32
What was Article 6 of the UCMJ was enacted for?
To ensure that the military justice system is administered properly; supports good order, morale, and discipline; and operates free from unlawful command influence.
33
What areas may Article 6 inspections focus on?
Leadership, military justice, Victim and Witness Assistance Program, special victims counsel, adverse actions, legal reviews, installation meetings, and foreign criminal jurisdiction.
34
Who makes up the team of inspectors for an Article 6 conducted by JAI?
Judge advocate and a paralegal representative from AF/JAI and a judge advocate and a paralegal representative from the MAJCOM of the unit being inspected.
35
Where can you get comprehensive self-assessment checklists?
The self-inspection checklists are available on the AF/JAI FLITE Knowledge Management page for wing and NAF offices.
36
When are Article 137, UCMJ briefings required to be given?
Within 14 days of AD, after 6 months of AD, within 30 days of every reenlistment.
37
What is the required content of an Article 137, UCMJ briefing?
Types of punitive and admin discharges, bases for characterizing service, UCMJ
38
What does AFI 33-322 cover?
AFI 33-322 establishes roles, assigns responsibilities and sets polices regarding official records. It also covers how records are created, where they will be stored, preserved, backed up and how they will be protected and identified.
39
List the JAGUARS programs used to collect and compile data.
ARMS, AIB, CPMS, FCL, WFMS
40
How often must attorneys and paralegals review TJAG’s policy memorandums?
Annually
41
What three things must a judge advocate do to ensure the delegation of work to paralegals is proper?
Maintain a direct relationship with the client, retain complete responsibility for work product, and supervise the paralegal in the performance of the delegated work.
42
What term “attorney-client privilege” mean?
a lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are implicitly authorized in order to carry out the representation.
43
What do paralegals have the responsibility to prevent?
The disclosure of any information related to the judge advocate’s representation of clients.
44
When paralegals speak with clients, other attorneys, or any other judicial person, what must they inform them of?
Their status as paralegals.
45
What is legal competence?
The legal knowledge, skill, thoroughness, and preparation reasonable necessary for the representation of a client.
46
What is legal diligence?
The constant and earnest effort to accomplish what is undertaken; it is the persistent exertion of body or mind.
47
When does a conflict of interest occur?
The representation of one client will be directly adverse to another client; or there is a significant risk that the representation of one or more clients will be materially limited by the attorney’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.
48
When must attorneys inform the proper authority of their knowledge of the conduct of another attorney or of judges?
When conduct is in violation of the rules, when it calls their integrity/trustworthiness into question or when it calls their “fitness” to practice law into question.
49
Who is the proper authority for violation and misconduct complaints?
Complaints about trial judges go to CTJ or to TJAG. Complaints about an attorney go to the attorney's SSA.
50
What is the purpose of HIPAA?
To simplify the administration of healthcare
51
Under HIPPA, what document acts as the Air Force’s BAA?
DOD 6025.18
52
Name five instances when the MTF may disclose information without the individual’s authorization?
As required by law To avert serious threats to safety and health For specialized gov functions (separations) For court martials/Judicial proceedings/law enforcement For organ donation
53
Name the two types of government property uses that are considered proper.
Official and Authorized
54
What are the requirements to be an agency designee when dealing with use of government resource issues?
The first supervisor who is a commissioned military officer or a civilian above GS/GM–11 in the chain of command or supervision of the employee concerned.
55
List the issues an agency designee must consider before allowing its employees to make limited personal use of non-communication-type government resources.
The issues to be considered are: (1) The use does not adversely affect the performance of official duties by the employee or the employee’s organization. (2) The use is of reasonable duration and frequency and made only during the DOD employee’s personal time, such as after duty hours or lunch periods. 3–15 (3) The use serves a legitimate public interest (such as supporting local charities or volunteer services to the community; enhancing the professional skills of the DOD employee; job searching in response to federal government downsizing). (4) The use does not put federal resources to uses that would reflect adversely on DOD (such as involving commercial activities; unofficial advertising, soliciting or selling; violation of statute or regulation, and other uses that are incompatible with public service). (5) The use creates no significant additional cost to DOD.
56
List the issues an agency designee must consider before allowing an employees to make limited use of federal government equipment or administrative support services to prepare papers to be presented at professional associations or to be published in professional journals?
The participation or paper is related to the employee’s official position or to DOD functions, management, or missions, AF organizations can derive some benefit from the participation or preparation, and participation or preparation of the paper does not interfere with the performance of official DOD duties.
57
Define the term official use as it applies to communications systems and equipment.
Emergency communications and communications the DOD component determines are necessary in the interest of the federal government.
58
When is an employee’s use of federal government communications system monitored?
Any and all uses are monitored, to include incidental and personal uses, whether authorized or unauthorized.
59
To ensure a successful prosecution of cases involving misuse of government property, what must the government ensure?
That the case is well substantiated and properly charged.
60
What landmark case contains a detailed discussion of the privacy interests involved in commercial e-mail transmissions?
US v. Maxwell (CAAF 1996).
61
What are the four basic research methods?
Case Method Index and Topic Word and Phrase Shepardizing
62
List the categories of primary sources of legal literature.
judicial reports, statutes, and administrative law materials.
63
Give three examples of a primary source of legal literature.
United States Reports, US Court of Military Appeals Reports, Military Justice Reporter, The United States Code, Manual for Courts-Martial, Federal Register, and Code of Federal Regulations.
64
List three examples of a secondary source of legal literature.
Corpus Juris Secundum, American Jurisprudence 2d, Martindale-Hubbell Law Directory, Black’s Law Dictionary, The Reporter.
65
List three examples of finding tools.
West Digests, Encyclopedias, Words and Phrases, Shepard’s Citations, Court-Martial Reporter citators and indexes, The Table of Cases, Indexes in the Code, Indexes in the Code Annotated.
66
Which method of legal research would you use to find the case US v. Jones?
Case Method
67
Where do you look to begin with the index method of legal research?
In the index under the general subject
68
What method of legal research uses the table of contents as a reference point?
Topic
69
When is the word and phrase method used?
When the meaning of a word or phrase is the issue and a court has rendered a decision to define that word or phrase.
70
List the three things you can achieve through the shepardizing process.
Traces the judicial history of a case, verifies the current status of each case, and finds later cases that have cited that case.
71
What is the primary avenue for computerized legal research in the Air Force?
Lexis Advane
72
What can Lexis Advance computerized legal research be used to find?
Case law, expert witnesses, deadbeat parents, provide background information on companies and issues that affect DOD (e.g. anthrax, recruitment, military pay).
73
How do you search for a document in the red search box of Lexis Advance?
Citation or Party Name.
74
Who is responsible for reviewing administrative separation actions for legal sufficiency?
The office of the staff judge advocate
75
A discharge legal review will vary depending on what two things?
Type of discharge and under what section a member is being discharged.
76
What seven things should a discharge legal review address?
(1) Specific paragraph of AFI 36–3208, Administrative Separation of Airmen, he or she is being discharged under, the recommended service characterization (honorable, general, under other than honorable conditions), probation and rehabilitation, and the SJA’s statement of legal sufficiency. (2) Evidence for the government and derogatory information concerning the respondent. (3) Evidence for the respondent; service history, medals, and any matters submitted by the Airman. (4) Any errors and irregularities. (5) Basis for discharge and the SJA’s concurrence or nonconcurrence, whether separation or retention is applicable and why, the characterization of service recommended by the commander and why, and whether probation and rehabilitation is recommended and why. (6) Separation authority’s options for action on the discharge. (7) SJA’s recommendation to the convening authority.
77
Congress established TJAG on what date?
25 June 1948

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