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Topic: Military law

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In the News (Thu 21 Mar 19)

  Military Law - LoveToKnow 1911   (Site not responding. Last check: 2007-10-20)
Minor civil offences, when not committed within military lines, or when the person affected by the offence is a civilian, or when it is a case for a jury, or where intricate questions of law may arise, may also be brought before a civil tribunal.
Military law is thus chiefly to be found in the Army Act and the rules of procedure made thereunder, the Militia Acts, the Reserve Forces Acts and the Volunteer Acts, together with certain acts relating to the yeomanry, the Territorial and Reserve Forces Act 1907, and various royal warrants and regulations.
With regard to all civil offences the military law, it is to be understood, is subordinate to the ordinary law, and a civilian aggrieved by a soldier in respect of a criminal offence against his property or person does not forfeit his right to prosecute the soldier as if he were a civilian.
www.1911encyclopedia.org /Military_Law   (5154 words)

 military law - HighBeam Encyclopedia   (Site not responding. Last check: 2007-10-20)
It is distinguished from both martial law (rule by domestic military forces over an area) and military government (rule by the military over occupied foreign territory).
In time of peace it is generally limited to military offenses—e.g., absence without leave, desertion, breach of orders; during war it usually extends to crimes of a civil nature as well, and the penalties may be more severe.
The origin of much military law is found in the codes and statutes enacted in England in the 17th cent.
www.encyclopedia.com /doc/1E1-millaw.html   (797 words)

 Military Law, Armed Forces, Court Martial, Legal Counsel and Representation   (Site not responding. Last check: 2007-10-20)
Military law differs from military government in that the latter refers particularly to the military jurisdiction exercised by an army of occupation over the territory and inhabitants of an enemy country.
The statutes of military law establish systems of military courts and include penal codes defining the offenses for which persons subject to the code may be punished.
Military personnel charged with crimes of a civil nature may be tried by military courts if the crime is service-connected or of military significance, or if it occurs outside the United States or its possessions.
www.jbtlaw.com /military_law.asp   (608 words)

 Law.com - Military Tribunal Case Comes Before Skeptical Supreme Court
At issue were military tribunals set up by the White House to try suspected terrorists, including Salim Hamdan, said to be the driver for Osama bin Laden, in the wake of the Sept. 11, 2001 attacks.
But a panel of the U.S. Court of Appeals for the D.C. Circuit reversed, ruling that the military commissions were authorized by the Uniform Code of Military Justice and by the congressional authorization of military force that was passed after the Sept. 11 attacks.
Hamdan's lead lawyer, Neal Katyal, a professor at Georgetown University Law Center, had planted the seeds of doubt earlier with a forceful presentation that outlined the ways in which the military commissions Bush established in the aftermath of Sept. 11 violated the Geneva Conventions, the laws of war, and the Uniform Code of Military Justice.
www.law.com /jsp/article.jsp?id=1143557268898   (1041 words)

 Discipline and Military Law
Military law and the enforcement of discipline in the Army.
Discipline and Military Law - Introduction - Military law is the body of law governing the rights and duties of soldiers.
The foundation for military law is the Army Act 1955, backed up by a range of rules and regulations, including the Queen's Regulations 1975.
www.army.mod.uk /servingsoldier/termsofserv/discmillaw   (293 words)

 Military law - Wikipedia, the free encyclopedia
Military law deals with issues such as; procedures for military discipline, what is (and what isn't) a lawful command, obligations for service personnel.
Declaration of martial or military law is sometimes used by dictatorships, especially military dictatorships, to enforce their rule.
Military law in the United States is controlled by the Uniform Code of Military Justice (Title 10 United States Code, Chapter 47) and implemented by the Manual for Courts-Martial, an Executive order issued by the President of the United States in his capacity as Commander-in-Chief of the United States armed forces.
en.wikipedia.org /wiki/Military_law   (346 words)

 Military Law and Justice   (Site not responding. Last check: 2007-10-20)
Military life is deserving of close scrutiny for many reasons, not the least of which is because how a nation's armed forces handle their duties and deal with their burdens have important ramifications for many aspects of national security.
Civilian expertise is needed to guide the military toward a more effective accomplishment of national defense and national security goals, but the military should be granted the autonomy to conduct their training, operations, and promotion of officers in accordance with professional standards and without political interference or micro-management.
The military justice system and military courts were therefore in existence well before the founding fathers drafted Article III of the United States Constitution in 1787 creating the skeletal foundation of the American court system.
faculty.ncwc.edu /toconnor/430/430lect07.htm   (5355 words)

 U.S. Military Lawyer
Karns is well-versed in military law and procedure.
He is an aggressive military trial lawyer with over a decade of experience and his reputation as a skilled, forceful lawyer in the military legal system is well-earned.
His success stems from his comprehensive military legal acumen, dedication to a client's right of due process under the law, and sensitivity to a client's needs and concerns regarding his or her case.
usmilitarylawyer.com   (259 words)

 Military Lawyer : Military Defense Attorney : Military Law Attorneys : Zimmermann & Lavine
Military law is the term used to designate the body of case law, statutes, and regulations governing military personnel.
Terri Zimmermann is a former prosecutor and chief of the Civil Law and Review sections at Marine Corps Air Station El Toro, California, for which she was awarded the Navy-Marine Corps Commendation Medal.
We also fully investigate and try courts-martial, which are military trials, usually as lead counsel with the assigned military lawyer as co-counsel, at the client's option.
www.texasdefenselawyers.com /PracticeAreas/Military_Law.asp   (767 words)

 Military Law Firms - Main Content   (Site not responding. Last check: 2007-10-20)
Military law consists of the Uniform Code of Military Justice and other statutory provisions for the government of people in the Armed Forces.
There may be added the unwritten common law of the usage and custom of military service as well as regulations and authorized by the current President, as Commander in Chief of the Armed Forces.
Military law is not complex in nature and pertains to every branch of the armed forces of the United States of America.
www.militarylawfirms.com   (379 words)

 Military Law Overview - Military Benefits - Military.com
The backbone of the military legal system is the Uniform Code of Military Justice (UCMJ), which applies to all branches.
In addition, rules govern military jurisdiction, legal investigations, discharges, the release and revision of military records, post-trial review procedures, and appeals.
The UCMJ applies to all active-duty, reserve and Guard, and retired military personnel.
www.military.com /benefits/legal-matters/military-law-overview   (321 words)

 Law.com - Military Lawyers Urge Role for High Court
In their brief, the five military defense attorneys assigned to represent accused terrorists before military commissions endorse the president's wartime power to hold enemy combatants indefinitely, but urge the Supreme Court not to close the door on lawsuits arising from military commission proceedings.
"These are military men and women who trust their commander in chief, but trust has never been enough when something as fundamental as justice is on the line," says Georgetown University law professor Neal Katyal, who advised the defense team on the brief.
Sharon Shaffer, deputy chief defense counsel for military commissions, says the defense team submitted the brief to make it clear to the Supreme Court that a broad jurisdictional ruling in the case would impact the rights of their future clients.
www.law.com /jsp/article.jsp?id=1074259238056   (1145 words)

That war affects law is not apparent to many Americans, who are so used to peace at home, where their courts continuously function, that it is very hard for them to visualize how combat interferes with the legal process.
It was early apparent that law could have a special role in Vietnam because of the unusual circumstances of the war, which was a combination of internal and external war, of insurgency and nation-building, and of development of indigenous legal institutions and rapid disintegration of the remnants of the colonial French legal establishment.
Nominally it was a derivative of the French civil law system, but in practice this law is not what impacted on the bulk of the population, at least outside of the three or four largest cities.
www.army.mil /cmh-pg/books/Vietnam/Law-War/law-fm.htm   (1968 words)

 DivorceNet - Military Law and Divorce
Divorce and the military require a special knowledge of laws not applicable to civilian divorces.
Military pensions like their civilian counterparts are divisible in the event of divorce, but are subject to different rules than the more common Qualified Domestic Relations Orders for private retirement accounts or Domestic Relations Orders for state and municipal pensions.
Federal law may also affect where the parties end up in court, so planning and strategizing require a thorough grasp of the special rules governing military divorce.
www.divorcenet.com /military   (281 words)

 LLMC - U.S. Military Law
Scott — The Military Law of England; With all the principal authorities, adapted to the general use of the army, in its various duties and relations, and the practice of courts martial: by Robert Scott, 357p+Index, London, T. Goddard, 1810.
Finlason— A Treatise on Military Law as Allowed by the Law of England in time of rebellion, with practical illustrations drawn from the original documents in the Jamaica Case and the evidence taken by the Royal Commission of In-quiry, with comments, constitutional and legal: by William F. Finlason, lii+452p, London, Stevens and Sons, 1866.
De Hart— Observations on Military Law and the Constitution and Practice of courts-martial, with a summary of the law of evidence, as applicable to military trials, adapted to the laws, regulations and customs of the army and navy of the United States: by Capt. William C. De Hart, viii+433p, N.Y., D. Appleton and Co., 1862.
www.llmc.com /us_military.htm   (15197 words)

 Uniform Code of Military Justice - UCMJ   (Site not responding. Last check: 2007-10-20)
The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
The military judge of such a court- martial shall determine all questions of law and fact arising during the proceedings, and, if the accused is convicted, adjudge an appropriate sentence.
If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability, or absence.
www.au.af.mil /au/awc/awcgate/ucmj.htm   (10061 words)

 Military Attorneys - Courts Martial Lawyers - Military Justice Attorneys - Defense Lawyers for Military Crimes - Joseph ...
If you are facing military criminal charges, you need the assistance of an experienced and competent military lawyer who is familiar with the UCMJ and the military justice system.
Military Charges are very serious charges and demand that anyone facing such charges employ an experienced military justice attorney for his or her defense in order to protect your rights.
Military Lawyer Disclaimer: The Military law, courts-martial, UCMJ violations, administrative separation hearing, courts-martial appeals and other military criminal defense information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship.
www.military-lawyer.com   (843 words)

 Military Lawyers
Military law in the United States is controlled by the Uniform Code of Military Justice (Title 10 United States Code, Chapter 47) and implemented by the Manual for Courts-Martial, an Executive order issued by the President of the United States.
NJP is permitted by Article 15 of the Uniform Code of Military Justice (UCMJ), which is Section 815 of Title 10 of the United States Code.
A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law.
www.militaryspot.com /military-lawyers.htm   (1372 words)

 Military Law Legal Questions and Answers   (Site not responding. Last check: 2007-10-20)
Our law firm is NOT one that was recently established – Greg McCormack is a former Army JAG and he has been in private practice as a civilian military attorney since 1982.
McCormack’s military law practice has expanded and our firm is well-equipped to take on the government and handle any military legal problem that may exist at any U.S. military installation in the world.
You are entitled, by law, to have a military attorney appointed to represent you in any criminal or administrative action which has been initiated against you.
www.militarylawyers.org /legal_questions.htm   (1956 words)

 Canadian Military Law
The need for a separate and distinct military justice system that can work in times of peace and conflict in Canada and abroad, wherever the Canadian Forces are deployed, has been recognized by the Special Advisory Group on Military Justice and Military Police (Investigation) Services.
To maintain the Armed Forces in a state of readiness, the military must be in a position to enforce internal discipline effectively and efficiently.
Breaches of military discipline must be dealt with speedily and, frequently, punished more severely than would be the case if a civilian engaged in such conduct.
www.forces.gc.ca /jag/office/military_law/default_e.asp   (502 words)

 Military - Wex   (Site not responding. Last check: 2007-10-20)
Thus, the main source of legal authority in this area is federal law.
It is a part of our body of law as a whole, and is fully recognized by civil courts; it is in force in time of peace as well as in time of war.
All persons serving in the Armed Forces of the United States are subject to military law at all times.
www.law.cornell.edu /topics/military.html   (233 words)

 Alan Edmunds: Security Clearances, Divorce, Family Law, Military Law, Government security clearances, Military ...
Often the Military Courts impose a much harsher sentence for the same or similar type conduct that could occur in a Civilian Court.
The Military Judicial System is uniquely different and active duty personal should be aware of the serious nature of charges that are brought in a Military legal system.
Many individuals choose to hire a civilian attorney with Military law experience, in addition to utilizing Military Defense Counsel.
www.alanedmunds.com /military/military_law.html   (265 words)

 Internet Resource Guide: Military Law
The emphasis of this guide is on domestic military justice and operational law rather than on the international laws of war and overseas peacekeeping.
A joint project of the Defence Legal Service and the Melbourne University Law School, the Centre aims to facilitate cooperation amongst military forces of the Asia Pacific Region in the research, training and implementation of the laws governing military operations.
Military law and the service engagement: some preliminary conceptual observations (2000) (G. Rubin)
www.aph.gov.au /library/intguide/law/militarylaw.htm   (901 words)

 Secrecy News
The 2006 edition of the "Operational Law Handbook" (pdf) published by the Army Judge Advocate General is "a 'how to' guide for Judge Advocates practicing operational law.
The Handbook covers the gamut of issues that arise in the field, from the Law of War to intelligence-related law to detainee operations.
U.S. military operations in Afghanistan and Iraq and the "war on terrorism" have raised a variety of novel legal issues, according to a 2004 study performed for the Army on "legal lessons learned."
www.fas.org /blog/secrecy/2006/07/law_and_the_military.html   (345 words)

 Section of Family Law: Military Committee   (Site not responding. Last check: 2007-10-20)
Studies issues relating to clients in the military and their families, including procedural issues unique to the military, and custody and visitation, divorce, alimony/support, military pension division and Survivor Benefit Plan issues affecting military divorces.
Operation Stand-By Operation Stand-By is a project of the ABA Section of Family Law Military Committee.
It is an attempt to explain general issues about military family law - in plain English, without too many footnotes, and in a way that lawyers who are short on time and topic knowledge can easily understand.
www.abanet.org /dch/committee.cfm?com=FL115277   (271 words)

 Military Lawyer - Military Attorney - Court Martial Lawyers - Criminal Attorneys Military   (Site not responding. Last check: 2007-10-20)
The military lawyers of McCormack and Associates, a Hampton Roads, Virginia-based law practice, is dedicated to aggressive and highly experienced representation for all areas of military law.
The dedicated military attorneys of our practice have successfully represented clients worldwide in areas of military criminal, awol, divorce, drug defense, security clearance, federal employment, and military records correction litigation.
Our military paralegal staff, most of whom are retired military and all of whom have extensive active duty and Reserve military experience, is highly experienced in military law and well equipped to handle the demands of our practice to fully serve our clients.
www.militarylawyers.org   (293 words)

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