Classroom 6

[Clyde Eastwood]

*As Eastwood stepped back into the classroom he could see Braxton studing hard.*

"Alright Cadet now here is your chance to show me you are ready to move into the next subject, State for me from the highest rank down to the lowest rank in both starfleet and marines"

*Eastwood took a seat and waited for the cadets reply*

[Clyde Eastwood]

*Eastwood looked at Braxton and nodded*

"OK cadet next place we are going to be is in a Court room with a General Court Marshall, you mission will be to successfully get the person off the charge of Conduct on becoming a Officer, now the person you are defending is a one General Patton, (I know lame but hey its all i could think of at the time) ill be the prosocutor so you have your work cut out for you understood cadet, oh and this is your final test so if i win you fail understood cadet"

*Eastwood looked at the Cadet nodded*

"Alright lets get this puppy started, Computer upload Eastwood 245 Delta 99"

Computer: "Compling, Program Loaded Captain"

"Alright Cadet you ready for your mission"

OOC: sorry for taken so long real life #### poked its ugly head up that and for the weekend i will be unavailable as im going to be drunk as all weekend cause its my birthday tomorrow

[Jethro Gibbs]

"Finnished Sir"

[Jethro Gibbs]

"Starfleet Personal Law."

*After a while*

OOC: Sorry if i have held you up, computer died.

[T'mpal]

*Starts typing on the PADD, after reviewing the lesson*
"The prosecution's case consisted of two major parts, that resulted in Court Martial offenses.  First, Commander Spock committed mutiny; he did this through rerouting the U.S.S. Enterprise to Starbase 11 to pick up Fleet Captain Christopher Pike, former Commanding Officer of the Enterprise, this in itself may not rise to the level of Court Martial.  However, Commander Spock then forced the computer into a pre-set series of orders, which if a deviation were made from the orders that Commander Spock had given Life Support would have been shut-off.  Second, Commander Spock stood accused of violating Star Fleet General Order VII, which prohibits travel of any starship or officer to Talos IV, under any circumstance.  Commander Spock by his own admission was taking Fleet Captain Pike to Talos IV.  The prosecution focused strictly on the violations of applicable Star Fleet orders, without regards to why."
*Spacing down to start the second part of the assignment*
"The defense's case relied on why Commander Spock took the U.S.S. Enterprise and Fleet Captain Pike to Talos IV.  The defense's main piece of evidence was the transmission of the previous encounter with Talosians.  Among other things that the transmission showed, the Talosians, in Commander Spock's defense, showed their ability to 'heal' injuries that were unable to be healed by modern medicine.  Commander Spock's caring for his former commanding officer was his primary defense against the charges tendered."
*Hits save and turns in the PADD, and returns back to his assigned seat and begins to review what is happening with the Ni'jat situation.*

[Richard Ransom]

that was exlenlently done.
now using the evandance of that was given at the beginging of this discussion form a bord of inqiry and go though the steps from the interviews to the investagateion to the actical 32 hearing of Cort Marsh you must prove good points for the defence and the procucction enoth for me to choose ether or is the right arument the only evadance show is that the Captian of the Lollypop opened fired  first

[T'mpal]

*Stands up and approaches the podium*
T'mpal:  "May I proceed with my opening statement, your honor"
*Admiral Ransom gestures for the opening statement to proceed."
T'mpal:  "Members of the Court Martial, on stardate (insert stardate from report) at about 1400 hours, the force field that maintained the atmospheric pressure in cargo bay of the U.S.S. Phoniex were disengaged.  This lowering of the force field and the subsequent decompression occurred while the Chief Engineer of the Phoniex was working in the bay, when the bay was decompressed the Chief Engineer was killed.  Through the course of this court martial, we will prove that each of the defendants had a reason to kill the chief engineer.  They met together and conspired to kill the chief engineer, and then followed through on their plan.  The evidence will prove that Captain Parker, Lieutenant Decker, and Lieutenant Bush committed murder, through a well planned conspiracy; which disgraced their uniforms and Star Fleet.  Thank You."
*Sits down and Defense Council requests to present their closing argument at the beginning of their case.*
Ransom:  Mr. T'mpal, you may call your first witness
T'mpal:  "You honor, I call Ensign Willium Tuttle to the stand"
*Ensign Tuttle walks in, raises his right hand and takes the oath*
T'mpal:  "Mr. Tuttle, please state your name, rank, and current billet for the record"
Tuttle:  Willium Gene Tuttle, Ensign, JAG officer assigned the U.S.S. Phoniex.
T'mpal:  "Ensign did you conduct a preliminary JAG enquiry into the death of chief engineer of the Phoniex?"
Tuttle:  Yes sir, after the death of the chief engineer, per Star Fleet Regulations, I secured the internal sensor logs monitoring the cargo bay, I sealed the chief engineers quarters, and began a preliminary investigation.
T'mpal:  "Your honor, at this time I ask that the preliminary JAG report prepared by Ensign Tuttle be admitted into evidence."
*Hands the PADD containing the report to the security officer*
T'mpal:  "What were the findings of your investigation?"
Tuttle:  After interviewing several members of the crew and reviewing the sensor logs, I believed that there was enough evidence to be suspicious of the chief's death.  I then recommended that a formal JAG investigation take place at the nearest starbase.
T'mpal:  "Mr. Tuttle during the course of your investigation, did any possible suspects stand out?"
Tuttle:  Captain Parker and Lieutenants Decker and Bush had all been seen arguing with the chief in the days leading up to the chief's death.  Also, a common part of all three of their access codes was used in the command to decompress the shuttle bay.  This gave me reason to place all three officers at the top of my suspect list and in my report.
T'mpal:  "I have no further questions for this witnes at this time"

[William Taylor]

Taylor walks into the classroom.

"Admiral Ransom, I was told to report to you, i am here to major in the JAG field."

"I am glad to see your eagerness. I will go through all of the material at a good enough pace. But there is plenty of time to discuss it. If I am right, you would be one of two JAG officers in the fleet when you graduate. For that time at least, alot would be on your shoulders. It is important to soak these regulations and information in, and to make sure I tie up the loose ends if you are not fully understanding. But I will continue if you have no questions".
He remained seated and looked at his own notes.
"There are all kinds of postions within JAG. Judge Advocates, Legal warrant officers, Legal Non-Com officers, Specialists, Court Reporters. You will be in the postion of Judge Advocate, or in that range. Since you will be an officer upon graduation. One of the types of cases you will deal with will be claims. I will focus on claims now. The situations with a claims case will be either by, or against starfleet. Common cases that you must be aware of are cases involving other species and planets. The breaking of treaties by federation officers, the breaking of treaties by another species. Both put the need for a hearing overseen by the JAG office. The cases of Claims being put against starfleet are: Instances where starfleet ships injure, destroy, or otherwise harm another species or ship with no valid reason. Harmfull omissions in anothers space also are cases against starfleet. Cases of starfleet against others are instances of harmful actions against federation ships, officers, crew, technology, or any other possession of the Federation".
He paused again and looked at the notes.
"Another important function of JAG is to oversee Contract Law. Contract Law situations are trade, service trade. Any sort of material interaction with another species. This is usually seen as a Diplomats duty, but it is regulation that JAG officers oversee this process of trade and service exchange".
He displayed on the screen side a list.
     (1) Development, award, and administration of appropriated and nonappropriated contracts.
    (2) The proper utilization and expenditure of material.
    (3) The operation of the Commercial Activities Program.
    (4) The coordination and monitoring of remedies in an effective fraud abatement program.
    (5) The application of federation, planetary, and local laws to government contractors.
    (6) Contract related litigation, disputes, and protests.
    (7) Labor, environmental, and intellectual property law applicable to contractors.
    (8) Procurement integrity and contract fraud laws.
    (9) Advice for proposed interservice, interdepartmental, and interplanetary agreements for logistic support and for proposed agreements on joint utilization of facilities and real property controlled by Starfleet.
    (10) Advice on interplanetary real estate and construction issues.

"Those are instances of violations the JAG department ensures do not take place. Before we continue, are there any questions?".

[Clyde Eastwood]

OOC:sorry for late reply had alot on my plate in the past couple of weeks

[Joe Braxton]

*Only minutes after Captain Eastwood entered the classroom, Braxton arrived as well.*

"Good day sir, I am ready whenever you are."

[Tom Hobson]

Quote

1-7. Judicial legal services secure fair and impartial justice proceedings within Starfleet. Starfleet trial and appellate judges provide judicial legal services.      a. Military trial judges preside over general and special courts-martial. They perform all judicial duties required or authorized by law, including the Uniform Code of Starfleet Justice (UCSJ), the Manual for Courts-Martial, and regulation. These duties are similar to those of planetary district court judges presiding over criminal cases. Starfleet trial judges also perform magistrate duties, such as issuing authorizations to search for and seize evidence based on probable cause. To ensure the fact and appearance of impartiality, Starfleet judges are assigned to and rated by senior members of Starfleet's Trial Judiciary, which is independent of the units they serve. (The only exception being Starfleet judges assigned to Judge Advocate General Service Organization senior judge or judge teams)      b. Starfleet appellate judges sit on the Starfleet Court of Review (SCR). SCR reviews cases referred to it and affirms only findings of guilty and sentences supported by the law and facts. 1-8. Defense legal services are provided to individual personnel to secure fair and impartial justice and adverse administrative proceedings within Starfleet. Trial and appellate defense counsel provide defense legal services.      a. Trial defense counsel are judge advocates certified by The Judge Advocate General under article 27(b), UCSJ, as competent to perform defense legal services. They represent personnel before courts-martial, administrative boards, and other proceedings and act as consulting counsel as required by law or regulation or authorized by The Judge Advocate General (TJAG) or TJAG's designee. To ensure the fact and appearance of their independence, all trial defense counsel are assigned to and rated by members of the Starfleet Trial Defense Service, which is independent of the units trial defense counsel serve. (The only exception is trial defense counsel assigned to Judge Advocate General Service Organization court-martial defense teams)      b. Appellate defense counsel represent accused before the SCR, Starfleet Court of Appeals, and the Federation Supreme Court. They also are certified by The Judge Advocate General. 1-9. The JAGC provides legal services in seven functional areas.      a. Administrative Law. Administrative law encompasses the statutes, regulations, and judicial decisions that govern the establishment, functioning, and command of Starfleet organizations. Judge advocates interpret statutes and regulations, provide the commander and staff advice and guidance, and represent Starfleet before administrative and judicial proceedings. Administrative law includes, but is not limited to:            (1) The law of Starfleet installations and the commanded power to command and control the installation (legal basis of command).            (2) Starfleet assistance to civil authorities, which includes the use of forces to assist civilian law enforcement authorities, to restore and maintain public order, and for emergencies and public safety; the loan of military resources; and the role of personnel in civil disturbance operations.            (3) Planetary litigation, which includes judicial review of Starfleet judicial and administrative actions.            (4) Environmental law, which includes domestic--planetary, state, and local--and interplanetary environmental laws affecting the operations of an installation or organization.            (5) Starfleet personnel law, which includes laws and regulations concerning personnel recruitment, mobilization, appointments, promotions, adverse actions, separations, and retirements.            (6) Line of duty investigations and determinations.            (7) Labor and employment law, which includes laws, regulations, and procedures governing recruiting, hiring, evaluating, and disciplining civilian employees; labor-management relations including grievances, arbitrations, and unfair labor practice charges.            (8) Government information practices, which include the Freedom of Information and the Privacy Acts.            (9) The report of survey system.            (10) Nonappropriated fund instrumentalities and private organizations.            (11) Standards of conduct, which include statutory and regulatory guidance governing prohibited activities and conflicts of interest involving active duty, civilian personnel, former employees, and retired active duty and civilian personnel of Starfleet.      b. Claims. Starfleet claims program involves the investigation, processing, and administrative settlement of claims - both by and against Starfleet - interplanetary under statutes, treaties, interplanetary agreements, Starfleet directives, and Starfleet regulations.            (1) The bases for claims against Starfleet include:                  a. Damage or injury caused by the negligent or wrongful acts or omissions of Starfleet personnel acting within the scope of their employment.                  b. Damage or injury caused by noncombat activities; i.e., activities that are essentially Starfleet in nature and have little parallel in civilian life.                  c. Loss, damage, or destruction of personal property of personnel or civilian employees under Direct Authority of Starfleet; e.g., the loss, damage, or destruction of household goods during a permanent change of station move.                  d. Unique or special claims provisions.            (2) The bases for claims in favor of Starfleet include:                  a. The negligent or intentional infliction of damage to Federation property.      c. Contract Law. Contracting is the principal means by which Starfleet acquires goods and services from the private sector. Judge advocates are involved in all phases of the acquisition process. Contract law judge advocates provide advice concerning acquisition process and statutory and regulatory constraints involved in providing for Starfleet operations. They also provide counsel on the acquisition of goods and services for Starfleet. Contract law includes:            (1) Development, award, and administration of appropriated and nonappropriated contracts.            (2) The proper utilization and expenditure of material.            (3) The operation of the Commercial Activities Program.            (4) The coordination and monitoring of remedies in an effective fraud abatement program.            (5) The application of federation, planetary, and local laws to government contractors.            (6) Contract related litigation, disputes, and protests.            (7) Labor, environmental, and intellectual property law applicable to contractors.            (8) Procurement integrity and contract fraud laws.            (9) Advice for proposed interservice, interdepartmental, and interplanetary agreements for logistic support and for proposed agreements on joint utilization of facilities and real property controlled by Starfleet.            (10) Advice on interplanetary real estate and construction issues.      d. Criminal Law. Criminal law governs the administration of Starfleet justice. It includes the Federation Constitution, the Uniform Code of Starfleet Justice, the Manual for Courts-Martial, implementing regulations, and judicial decisions. Starfleet justice involves the disposition of alleged violations of the UCSJ by judicial (courts-martial), nonjudicial (article 15, UCSJ), or administrative means. Discipline, good order, and morale depend on a fair and properly administered Starfleet justice system. Enforcement of the UCSJ supports the authority of the commander and protects the rights of the individual personnel. In the Starfleet criminal law system:            (1) The commander is responsible for the administration of Starfleet justice. Commanders must communicate directly with their command or staff judge advocate about matters related to the administration of Starfleet justice.            (2) Staff and command judge advocates advise commanders on the disposition of suspected violations of the UCSJ, including those committed by enemy prisoners of war; prosecute trials by courts-martial; and supervise the preparation of records of trial.            (3) The Starfleet Trial Defense Service provides trial defense counsel to represent personnel before courts-martial, adverse administrative boards, and other proceedings as law or regulation requires.            (4) The Starfleet Trial Judiciary provides judges for general and special courts-martial.            (5) Appeals of convicted Starfleet accused may be reviewed by the Starfleet Court of Review (SCR), which is part of Starfleet's Judiciary; the Starfleet Court of Appeals; and the Federation Supreme Court. In cases not reviewed by SCR, a convicted accused may submit an application for relief or petition for new trial to The Judge Advocate General. The Starfleet Legal Services Agency provides appellate government and defense counsel in all appellate proceedings.      e. Interplanetary Law. Interplanetary agreements, interplanetary customary practices, and the general principles of law recognized by civilized worlds comprise interplanetary law. Judge advocates advise commanders and staffs on:            (1) The rights and obligations of the organization under interplanetary law--particularly status of forces and host world support agreements.            (2) Negotiations with foreign governments.            (3) The exercise of criminal jurisdiction over Federation forces and accompanying personnel by foreign governments.            (4) Foreign Law. This includes advice on criminal law, civil law, environmental law, tax law, and labor law of a host world where foreign forces are operating or have an interest.            (5) Legal liaison with the host world and other allied forces.            (6) Other interplanetary law matters.      f. Legal Assistance. Legal assistance is the provision of personal legal services to personnel, their family members, and other authorized personnel. Legal assistance includes advice, representation, and the preparation of legal documents. Personal legal problems, if not attended to, may cause low morale, inefficiency, and disciplinary problems. Legal assistance judge advocates regularly participate in preparation for interplanetary movements (PIM) and emergency deployment readiness exercises (EDRE) to identify and address personnel personal legal problems that could affect adversely their ability to mobilize, deploy, and fight. Legal assistance services include, but are not limited to:            (1) Domestic relations law, which includes divorce, legal separation, annulment, custody, support obligations, and paternity.            (2) Wills and estates.            (3) Adoptions and name changes.            (4) Nonsupport and indebtedness.            (5) Landlord-tenant relations.            (6) Consumer affairs.            (7) Civil suits. Legal assistance attorneys usually cannot represent a client in court, but will explain the procedures and requirements of small claims and similar courts; will negotiate with adverse parties on the client's behalf; and will refer the client to a civilian attorney, if required.            (8) The Starfleet Civil Relief Act.            (9) Veterans' reemployment rights.            (10) Other services with approval of the staff judge advocate.      g. Operational Law. Operational law is the application of domestic, interplanetary, and foreign law to the planning for, training for, deployment of, and employment of Starfleet forces. Operational law legal services increase the effectiveness of Starfleet forces by assisting commanders to employ them lawfully. Just as important, judge advocates identify areas in which planners have been overly restrictive in the use of force in the mistaken belief that the law requires the restrictions. Judge advocates:            (1) Advise the commander, staff, and subordinate commanders on the law of war; all relevant interplanetary law matters, including status of forces and other interplanetary agreements and treaties; and domestic law addressing the use of Starfleet forces abroad, such as the War Powers Resolution. These matters include advice on:                  a. Operations plans and orders.                  b. Targets and weapons.                  c. The investigation and disposition of alleged violations of the law of war (war crimes).                  d. Treatment of detainees, enemy prisoners of war, and refugees.                  e. The seizure and requisition of private properly for military use.                  f. The legal aspects of civil affairs operations.                  (2) Prepare legal annexes to operations orders.                  (3) Review and interpret rules of engagement.                  (4) Provide unit training on the law of war as required by treaty and regulation.

OOC: I am really not feeling well, I'm both mentally and physically exhausted. I do not want to delay you both in the course, but I also need a bit of time to feel better to proceed properly and focused. That is the rest of the main information. You can take your time in reading it, and when I return properlly we can be ready to do the final bit of the course.

[Bud Roberts]

*Roberts tried to remember all the ranks and what pips corresponded to them.*

"Let's see, at the highest there's Flag Admiral, followed by Fleet Admiral, then Admiral, Vice Admiral, and Rear Admiral. Then we have Commadore, then Major. After that is Fleet Captain, Captain, Commander, Lt Commander, Lieutennant and Lieutennant Junior Grade, then Ensign. Then there's the NCOs with Chief Petty Officer, Petty Officer, then Crewman."

*He hoped he hadn't forgoten any thing.*

[Tom Hobson]

OOC: Are you all still with it? I have been on LOA. The wait for you has been far to long. If either of you are here still checking from time to time, post, and we will complete you of this course now, without further instruction.

[Richard Ransom]

*The view screen in front of the class room came to life  the Image showed Admiral Ransom*
Greetings J.A.G Class Iam Admiral Richard Ransom and I will be your Instucter for this term I have reviewed your Assignments which you have execlet job in doing You have attened the mark og 98%
you are now to have your First test  you must attan a Mark of 70% to pass
**********TEST***************
1.What type of Law dose the J.A.G Corps do

A:


2.in most cases who handles a J.A.G Investagation on a starbase or Starship

A:

3.Who can submitt an officer for Court Martial

A:

4.paraphase and explain Starfleets Mission

A:


5. Which Federation Officers when back into time to 1986 to retrive Whales, and is this aganest any Regualtions  gives points for Prosacusstion and Defence

A:

6. what are the three types of legal services

A:

7.Explain in your own words section 1-6 subsection c

A:

8.Explain Section 1-8
A:

9.Explain  Section  1-9


*******Essay Question********

10. In the case of Starfleet Command V.S Lt.Commander Data you are you show to explain the evadise given at the trail also you must prove points for the Defence and proacuattion then in your own work using the evadence shown make jugment in the case.

********End of Test******