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Glossary -Continued: A
Legalman 3 & 2 - Navy Lawyer / Jag training guide manuals
Glossary -Continued: C
ATTEMPT—An act, or acts, done with a specific intent to  commit  an  offense  under  the  Code,  amounting  to more than mere preparation, and tending but failing to  effect  the  commission  of  such  offense. ATTEST—To signify by subscription of the signer’s name that the signer has witnessed the execution of the particular instrument. ATTORNEY,   POWER   OF—An   instrument authorizing another to act as one’s agent or attorney. The instrument by which authority of one person to act in place and stead of another as attorney in fact is set forth. AUTHENTICATION—An    official    statement certifying that a writing is true and accurate. AUTHENTICITY—The  quality  of  being  genuine  in character, which in the law of evidence refers to a piece of evidence actually being what it purports to be. BAD-CONDUCT  DISCHARGE—One  of  two  types of punitive discharges that may be awarded an enlisted  member  as  a  court-martial  sentence; designed  as  a  punishment  for  bad  conduct,  rather than as a punishment for serious offenses of either a civil or military nature; maybe awarded by GCM or SPCM. BAIL—To procure the release of a person from legal custody, by undertaking that the person will appear at the time and place designated and submit to the jurisdiction and judgment of the court. BATTERY—An  assault  in  which  the  attempt  or  offer to do bodily harm is consummated by the infliction of that harm, Article 128, UCMJ. BEYOND  A  REASONABLE  DOUBT—The  degree of persuasion based upon proof such as to exclude not every hypothesis or possibility of innocence, but any fair and rational hypothesis except that of guilt; not an absolute or mathematical certainty but a moral certainty. BIGAMY—The   criminal   offense   of   willfully   and knowingly contracting a second marriage (or going through  the  form  of  a  second  marriage)  while  the first marriage, to the knowledge of the offender, is still  substituting  and  undissolved. BODILY HARM—Any physical injury to or offensive touching of the person of another, however slight. BONA  FIDE—In  good  faith;  actual;  genuine. BREACH OF ARREST—Going beyond the limits of arrest as set by orders, Article 95, UCMJ. BREACH  OF  PEACE—An  unlawful  disturbance  of the peace by an outward demonstration of a violent or turbulent nature, Article 116, UCMJ. BREAKING  ARREST—Going  beyond  the  limits  of arrest before being released by proper authority. BURGLARY—The   breaking   and   entering   in   the nighttime of the dwelling of another with intent to commit  murder,  manslaughter,  rape,  carnal knowledge,  larceny,  wrongful  appropriation, robbery,  forgery,  maiming,  sodomy,  arson, extortion, or assault, Article 129, UCMJ. BUSINESS  ENTRY—Any  writing  or  record,  whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence, or event, made in the regular course of any  business,  profession,  occupation,  or  calling  of any kind. CAPITAL   OFFENSE—An   offense   for   which   the maximum punishment includes the death penalty. CAPTAIN’S  MAST—The  term  applied,  through tradition and usage in the Navy and Coast Guard, to nonjudicial  punishment  proceedings. CARNAL  KNOWLEDGE—An  act  of  sexual intercourse under circumstances not amounting to rape, by a person with a female who is not his wife, and who has not attained the age of 16, Article 120, UCMJ. CASE LAW—Law obtained from cases that have been decided. CAVEAT EMPTOR—Let the buyer beware (or take care). CHALLENGE—A formal objection to a member of a court or the military judge continuing as such in subsequent  proceedings. May  be  either  (1)  a challenge for cause—such objections based on a fact  or  circumstance  that  has  the  effect  of disqualifying the person challenged from further participation  in  the  proceedings  or  (2)  peremptory challenge—such  objection  is  permitted  without grounds or basis, except that the military judge cannot be peremptorily challenged. CHANGE OF VENUE—Removal of a trial from one jurisdiction  to  another. CHARGE—A formal statement of the Article of the UCMJ that the accused is alleged to have violated. AII-3

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