Workplace Hazards and Law

Question 1

What is Jurisdiction?

Answer 1

Jurisdiction is the term used to establish whether state or federal gov. has the authority to prosecute an offense

Question 2

What are some SF considerations before charging a person?

Answer 2

If SF has the authority, capacity, power or right to apply the law with the right to charge a person with an offense, right to bring a person to trial in court, and the right to make a final determination through courts of appeal.

Question 3

Who does Security Forces represent?

Answer 3

SF are representatives of the US GOV, US Armed Forces, Installation Commander, and the Defensive Forces Commander.

Question 4

Where does SF authority to apprehend come from?

Answer 4

Stem from Manual for Courts Martial (MCM), Rules for Courts-Martial, Rule 302(b)(1) and UCMJ 7(b).

Question 5

Where does the authority to administer oaths come from?

Answer 5

UCMJ Article 136(b)(4) and Article 136(b)(6)

Question 6

Describe Subject Matter Jurisdiction

Answer 6

Describe Subject Matter Jurisdiction has jurisdiction over an offense that is not prohibited by federal criminal code or any state or local code.

Question 7

Describe Personal Jurisdiction

Answer 7

Personal Jurisdiction over the offender or accused is subject to the UCMJ at the time of the offense and at the time of trial.

Question 8

What are the four types legislative jurisdiction?

Answer 8

Exclusive, Concurrent, Reciprocal, and Proprietary