Military Military Law 5

Question 1

Under the UCMJ, sexual assault in the military is primarily governed by which article?

Accepted Answer

Article 120

Answer

Article 120 of the UCMJ covers sexual assault, rape, and related sexual offenses in the military.

Question 2

What is the role of the Trial Counsel in a court-martial proceeding?

Accepted Answer

Military prosecutor

Answer

Trial Counsel is the military prosecutor who presents the government's case against the accused at court-martial.

Question 3

Which Military Rule of Evidence governs the exclusion of unlawfully obtained evidence in courts-martial?

Accepted Answer

MRE 311

Answer

MRE 311 is the military exclusionary rule that suppresses evidence obtained in violation of the Constitution or UCMJ.

Question 4

A servicemember convicted at a special court-martial may receive a maximum sentence that includes which of the following?

Accepted Answer

Bad-conduct discharge

Answer

A special court-martial may impose a bad-conduct discharge but cannot impose a dishonorable discharge or the death penalty.

Question 5

What is the legal term for an agreement in which an accused servicemember pleads guilty in exchange for a sentencing cap?

Accepted Answer

Pretrial agreement

Answer

In military law, a pretrial agreement (PTA) allows an accused to plead guilty in exchange for a limitation on punishment.

Military Practice Test