The JAG Journal, Томови 27-28Office of the Judge Advocate General, Department of the Navy, 1972 |
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21 USCMA 9th Cir accused action active duty administrative amendment apply Argersinger Armed Forces article 138 benefits civilian Code command complaint Congress constitutional continental shelf convening authority conviction Court of Military court-martial criminal Cuba decision determine disability retirement discharge DOPMA entitled exclusion Federal driver Government grade high seas immunity international law involved issue JAGC Judge Advocate jurisdiction land legislative liability limited Massachusetts ment Military Appeals military judge military law Naval Petroleum Navy negligent no-fault no-fault insurance North Vietnam O'Callahan offense officer Oil Shale Reserves opinion party person personnel Petroleum PIP insurance piracy plaintiff President pretrial procedure prosecution question Quonset Point regulations request Reserve retirement pay Rule Secretary sentence service member ship specific Stat statute statutory subrogation Supp supra note Supreme Court territorial tion Tort Claims tort exemption transactional immunity trial counsel UCMJ United vehicle violation
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Страница 391 - No pleading of a party, nor any discovery or evidence obtained from a party or witness by means of a judicial proceeding in this or any foreign country, shall be given in evidence, or in any manner used against him or his property or estate, in any court of the United States, in any criminal proceeding, or for the enforcement of any penalty or forfeiture...
Страница 313 - Any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft ; (3) Any act of inciting or of intentionally facilitating an act described in sub-paragraph 1 or sub-paragraph 2 of this article.
Страница 248 - The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in. force.
Страница 83 - Providing an accused with the right to be tried by a jury of his peers gave him an inestimable safeguard against the corrupt or overzealous prosecutor and against the compliant, biased, or eccentric judge.
Страница 307 - To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace...
Страница 411 - An action shall not be Instituted upon a claim against the United States for money damages for injury or loss of property or personal Injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail.
Страница 77 - The Court will not formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied.
Страница 85 - An application for a writ of habeas corpus in behalf of a prisoner who is authorized to apply for relief by motion pursuant to thi? section, shall not be entertained if it appears that the applicant has failed to apply for relief, by motion, to the court which sentenced him, or that such court has denied him relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his detention.
Страница 169 - The law is perfectly well settled that the first ten amendments to the Constitution, commonly known as the Bill of Rights, were not intended to lay down any novel principles of government, but simply to embody certain guaranties and immunities which we had inherited from our English ancestors, and which had from time immemorial been subject to certain well-recognized exceptions arising from the necessities of the case.
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