Shared Flashcard Set

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Civil Law
civil law
107
Criminal Justice
Not Applicable
02/27/2014

Additional Criminal Justice Flashcards

 


 

Cards

Term
regarding gift giving, name some prohibited (not allowed) sources
Definition
person seeking to do business with your agency
interest may be substantially affected by the performance or non-performance of your official duties
Term
Is is allowed to solicit or accept gifts from prohibited sources or given because of official position?
Definition
no
Term
What are examples of items that are NOT gifts
Definition
food or refreshments
items with low value
loans from financial institutions
discounts available to public or class of employees
Rewards and prizes in contests open to public
Term
concerning gift exceptions what is the gift price that can be accepted
Definition
$20.00 or less
Term
concerning gift exceptions what is the cap that can be accepted by the same source?
Definition
50.00
Term
If someone is in the Air Force and they have a second job, concerning gift exceptions, can that person accept a gift from that job
Definition
yes, because they are getting the gift because they work for that company and they are not using their official duty in the AF to get that gift
Term
Regarding gift exceptions and gifts from a same sourse, name some exclusion that would stop someone from receiving a gift from that same source?
Definition
cash, stocks, bonds
Term
concerning gift exceptions, awards and honorary degree caps are how much
Definition
200.00
Term
concerning gift exceptions, awards and honorary degree that are greater that 200.00, who needs to provide a written okay?
Definition
SAF/GC
Term
concerning gift exceptions, widely attended gathers are okay if what
Definition
free attendance
agency has determined it is in it's best interest to attend the event
Term
concerning gift exceptions, can someome who is an official speaker, they can receive compensations
Definition
no
Term
concerning gift exceptions, can someome who is an official speaker, what is considered NOT an compensation
Definition
meals
waiver of conference fee
items with minimal value
items 20.00 or less
Term
concerning gifts from foreign government what is the cap
Definition
350.00
Term
concerning gifts from foreign government, if the gift is more than the cap allowed, (350.00) who will keep the gift
Definition
US
Term
concerning gifts from the spouse of a foreign official, is that considered a gift?
Definition
yes
Term
Generally, can you solicit contributions from other employees for a gift to a superior
Definition
no
Term
concerning gifts between employees can you make a donation for a gift or give a gift to a superior?
Definition
no
Term
concerning gifts between employees can you accept gifts from subordinate personnel
Definition
no
Term
concerning gifts from subordinates, what are the 2 major exceptions?
Definition
on occasional basis when gifts are normally exchanged they must be 10.00 or less (Christmas party)
On special, infrequest occasions a subornate may give or donate toward a gift to a superior if it does not exceed 300.00
Term
if you are military and in uniform, can you be bumped up to first class
Definition
no, you must be in civilian clothes.
Term
concerning art 138 complaints, who will the member make their complaint in writing to and within how many days must this be done from the date the member feels they were wronged?
Definition
unit commander
180 days
Term
concerning 138 complaints, can the member submit any edivence to support his/her claim?
Definition
yes
Term
concerning 138 complaints, what decision does the CC need to make
Definition
granted or denied
Term
concerning 138 complaints, what can the CC deny a claim under
Definition
Not warranted
not recognized under Art 138
untimely (took to long to submit)
Lacks authority
Term
concerning 138 complaints, who can the member if denied by the CC appeal to
Definition
GCMCA
Term
concerning 138 complaints, who how many copies does the GCMCA retain
Definition
2
Term
concerning 138 complaints, where does the GCMCA send one copy of the report to?
Definition
HQ USAF/JAA
Term
concerning 138 complaints, can the GCMCA delegate his decieion
Definition
no
Term
what are the five most common types of misconduct members are discharged for?
Definition
Minor dis
Patters
Civilian conviction
commission of serious offense
drug abust
sexual assault
fitness
Term
concerning drug discharges, how many criteria's must a member meet to be retained?
Definition
7
Term
Concerning a dister kit, name the items that must be inside?
Definition
camera, portable printer, laptop
Advance payment/settlement agreement template for FTCA, MCA and NGCA claims
maps
current base mapa and local area maps
Term
concerning FOIA request, for an initial FOIS request, who logs/tracks request/forwards to the OPR to process
Definition
FOIA monitor
Term
concerning FOIA request does JA review, "for full release" FOIA request
Definition
no
Term
concerning FOIA request who reviews denial recommendations and what stage of the review is this at?
Definition
JA
1st JA review
Term
concerning FOIA request, who is the denial authority?
Definition
MAJCOM/CC
Term
concerning FOIA request who is the appeal authority for FOIA request?
Definition
SAF/CC
Term
concerning FOIA request, during litigation of an appeal of FOIA who is the AF the client of?
Definition
JACL, US district court w/DOJ reps
Term
concerning Privacy Act, what penelity will happen if you violate privact act?
Definition
charged with a misdamenor
up to 5,000 fine per incident
Term
concerning Privacy Act, how many days does someone have to submite a privacy act request appeal
Definition
60 days
Term
concerning Privacy Act request, who is the denial authority on appreals
Definition
SAF/GCA
Term
concerning Privacy Act appeals, can the SAF/GCA reverse their decieion to a PA request?
Definition
yes
Term
concerning Privacy Act appeals, if ligitaged, who is for SAF/GCA
Definition
AFLOA/JACL
Term
regarding the authority to releast information if requested by outside agencies (off base courts)describe the differnt authorities
Definition
SJA - only release unclass factual info

Medical Law consultants - only medical

Contracting officer - only items concerning contracts

AFLOA Civil Litigation Division - classified information

HQ USAF/JAO - classified info
Term
concerning enlisted discharges,name the 4 points that would send someone to a discharge board?
Definition
NCO
6 or more years of service
CC wants to give a UOTCH
In the interest of the national security
Term
concerning a enlisted discharge board, after the member is informed that there will be a discharge board initiated on him/her, how many days does the member have to accept or turn down the board?
Definition
7 days
Term
how many voting members are on an enlisted discharge board?
Definition
3
Term
who are the nonvoting members in a discharge board?
Definition
recorder, legal advisor, TC, DC
Term
concerning officer separations, what does, "not for cause" mean
Definition
when the endorsing agent no longer endorses the member (attorney is disbared)
Term
concerning officer discharge and basis for discharge, name some standard performances that would cause an officer to be discharged?
Definition
failure to show leadership qualities
failure to show frofiency in grady, misconduct, moral/professional dereliction
Term
concerning officer seperations, name the discharge characterizations
Definition
Honorable, under honorable conditions (general)
UOTCH
Term
Who initiates an officer discharge actions for, "for cause" discharges?
Definition
Show cause Authority (SCA) which is the MAJCOM/CC or equivalent
Term
who inititates an officer discharge action for, "Not for cause" discharge
Definition
AFPC
Term
For officer processingregarding probationary, what does probationary mean?
Definition
the officer has not been in long enough to meet the BOI. (package will be sent up instead)
Term
concerning officer discharges processing and for probationary, explain the facts about the package?
Definition
officer has less than 5 years on AD
AF Personnel Board (AFPB) makes recommendation to SECAF
AFPC is convened from officers assigned to SECAF's personnel council
Term
concerning officer processing, what does non-probationary mean?
Definition
officer has been in long enough to meet the BOI
Term
for non-probationary officer requirements for discharges, explan the facts
Definition
officer has been on AD for more than 5 years
BOI makes recommendation to SECAF
Term
Explain the officer discharge process
Definition
Unit CC makes the recommendation to the SCA
SCA dscides whether or not to initiate the discharge
SCA serves the notification memo to the member
Term
concerning discharges for officers, after the SCA serves the notification memo on the member, how many days does the member have to respond?
Definition
10 Calander days
Term
concerning officer discharges, who decides whether or not to initiate a discharge?
Definition
Show Cause Authority
Term
concerning officr dischrges, if the SCA decides to terminate the process, what happenes new
Definition
it stops
Term
concerning officr dischrges,if the SCA decides to proceed the case file is forwarded to where?
Definition
AFPD or BOI
Term
concerning officr dischrges,after the SCA decides to proceed a recommendation is forwarded to who for disposition?
Definition
SECAF
Term
For Enlisted discharges, what constitues a void enlistment?
Definition
examples would be member is a minor or meember enlisted and is with another service
Term
For Enlisted discharges,this type of effective enlistment is to not fault of anymore. The error should've been seen before the member enlisted?
Definition
Errenous Enlistment
Term
concerning enlisted discharges, in this type of defective Enlistment, the member lied to get in the AF.
Definition
Fraudulent Entry
Term
Members who fall under the entry level status discharge, how many days have they been in the AF?
Definition
180 days
Term
Regarding enlistment discharges, what does PRP stand for
Definition
Personnel Reliability Program
Term
Regarding enlistment discharges, what is the time period a member can be on Probation and Rehabulation?
Definition
not less than 6 months or no more than 12 months
Term
Regarding enlistment discharges, what is the average number of workdays between date action starts and date of seperation
Definition
standard discharge - 15 days
Board hearing - 50 days
Board hearing waiver - 25 days
Term
concerning MCA claims, what is the statute of limitations?
Definition
2 years
Term
Regarding witness interviews for claims, according to the TCFSC, who needs to give permission to record an interview
Definition
TCFSC
Term
Regarding preparing a witness interview (claims), what statement would you begin the memo with?
Definition
work product statement
Term
concerning FTCA/MCA claims the agency has how many months to consider the claim?
Definition
6 months
Term
concerning FTCA/MCA claims, uup to how much can the SJA settle at base level
Definition
5,000
Term
for FTCA claims that are more that 2500, what forms would you use to process a claim and to who do go up to?
Definition
FMS 194, 196, 197
Treasure judgement fund
Term
for FTCA claims that are less than 2500 what claims forms are prepared and send up to who
Definition
SF 1034
AFCSC
Term
for FTCA/MCA claims, what documents are necessary
Definition
cite the title and legal citation of statue
must have a photo copy of denial letter
must be send by certified/registered mail
Term
for enlisted discharges boards, what are the ranks of the voting members if no enlisted requested
Definition
Officers, 1 feild grads, the rest company grade
Term
Can HIPPA be disclosed to business associates with a business associate agreement?
Definition
yes
Term
what can happen if you released hippa without authority
Definition
punishments
Term
State the purpose of Article 6, UCMJ Inspections
Definition
enacted to ensure that the military justice system is administered properly; supports good order, morale, and discipline; and operates free from unlawful command influence
Term
Cite examples of information available on the AFCSC web Site.
Definition
Installation Responsibilities
Checklist for Claimants (P- Type claims)
Dispatch of Notice of loss or Damage forms (1840/1840r)- Online version notice of loss and damage
Vehicle inspections
Loading and scanning claimant pictures
How to preform inspections and report guides
Disaster Prep and Handling
Preventive law
Smooth move briefing
Claim service handbook
Term
Explain key personnel and their responsibilities within the Emergency Response team.
Definition
Four Phases- Notification, Response, withdrawal, recovery

Incident Commander- Fire Chief responsible for incidents at the site/scene, mitigate damages
First Responders- security person, fire fighter, medical personal, EOD
Emergency responders- Once scene is safe the emergency responders will report to the incident commander
Specialized Teams: get the base back to a functioning capacity
Shelter Management time
Term
Determine items that should be in the Disaster Kit.
Definition
Electronic Devices
Digital Camera(s) and/or Video Camera(s), Portable Printer, and Laptop

AFIs, Publications, and Forms
AFI51-501, TCFSC Action Officer’s Handbook, SFs 95 & 1034, DD Forms 1842 & 1844, Advance Payment/Settlement Agreement Template for FTCA, MCA and NGCA claims

Claimant Sign-in Log
Maps
Current base map and local area maps

Basic Office Supplies
Pens, copy paper, stapler, etc

Action Plan Checklist

Other materials
Tape measure, ruler, batteries, digital camera and/or video camera, extension cords, inclement weather gear, laptop, materials to make a claims sign, printer plus extra toner as well as contact information for key individuals
Term
Cite examples of situations where you would need the Disaster Kit.
Definition
kit deployed after a disaster or major accident- hurricanes tornadoes
Aircraft accidents
Large -Scales Fires caused by military
Explosive Ordinance Disposal
Bombing Range operations
Term
what is a National Defense Area
Definition
Area on none federal land, purpose for protecting national defense equipment, 5th amendment, 50 usc 797 section 21, dodd 5200.2
Term
who can establish a NDA
Definition
Wing/CC, MAJCOM/CC, Group/CC
Term
Cite examples of potential legal issues encountered during major accident response situations.
Definition
NDA may result in increased government liability
Environment law/ land use issues
Mass Care, housing, and human services - In line of duty determinations
Potential need for: report of surveys, adverse actions, and/or disciplinarian actions
Term
what are the key principles of tort law
Definition
Civil wrong
One party causes personal injury/property damageo to another
may be held liable for damages
Term
what pay ststem convering most white collar civillian federal employees who pay grades range from GS-1 to -15?
Definition
General Schedule (GS)
Term
What is the federal wage system was developed to make the pay for federal blue-collor workers. Them employees are usually represented by unions?
Definition
Wage Grade (WG)
Term
This civil service employees in GA positions 16 and above and represent generals or admirals in the Armed forces
Definition
Senior Executive Service (SES)
Term
The replaced the civil service commission with thress new indepedent agencies, office of personnel management, federal labor relation authority and the meris systems protection board
Definition
Civil Service Reform Act of 1978
Term
Thsis is responsible for personnel management
Definition
Office of personnel management
Term
This carries out its statutory responsibilities and authoritites primarily by adjudicating individual employees appelas and by conducting merit system studies
Definition
Merit systems protection board
Term
employees and agencies under the statute
Definition
Federal Labor Relations Authority
Term
the primary mission is to safegard the merit system by protecting federal employees and applicants from prohibiting personnel practices, especially reprisal for whistleblowing
Definition
US office of special counsel
Term
Responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of a person's race, color, ect
Definition
Equal Employment Oppurtunity Commisssion
Term
the purpose is to maintain a productive work environment in which disputes are avoided or settled quickly and at the lowest level possible
Definition
Alternate Dispute Resoultion
Term
Negotions between organized workers and their employer concerning wages, hours, ect
Definition
Collective Bargaining
Term
Basically a violation of provisions set forth in code
Definition
Unfair Labor Practice
Term
This establishes a process under which an employee, or a group of employees acting as individuals, may request personal relief in any matter of AF management
Definition
Administrative Grievance System
Term
This provides benefits to federal employees who sustain disabling injuries as a result of their federal employment
Definition
workers comp
Term
taking disciplinary action against certain civilian employees (furlough, reduction in grade, removal
Definition
adverse actions
Term
an action management takes to correct an eimployees's delinquency or minconducts (loa, lor, suspension removals
Definition
Disciplinary Action
Term
A nondisciplinary action placing an employee in a temporary nonduty and nonpay status because lack of work or funds
Definition
Furlough
Term
a reasonable connection or factual relationship between the reasons for the action taken and the efficiency of the service
Definition
nexus
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