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ADMIRALTY—That body of law and regulation
dealing with civil maritime cases.
ADMISSION—A self-incriminatory statement falling
short of a complete acknowledgement of guilt.
AD VALOREM—According to value; ad valorem tax
is a tax or duty upon the value of the article or thing
subject to taxation.
AFFIANT—The person who makes and subscribes an
affidavit.
AFFIDAVIT—A statement or declaration reduced to
writing and confined by the party making it by an
oath taken before a person who has authority to
administer the oath.
AGENT—A person authorized by another to act for that
person. One entrusted with another’s business.
AIDER AND ABETTOR—One who shares the
criminal intent or purpose of a perpetrator, and
hence is liable as a principal, Article 77, UCMJ.
ALIBI—A defense that the accused could not have
committed the offense alleged because the accused
was somewhere else when the crime was
committed.
ALLEGATION—The assertion, declaration, or
statement of a party in a pleading of what the party
expects to prove.
ALLEGE—To assert or state in a pleading; to plead in
a specification.
ALL WRITS ACT—A federal statue, 28 U.S.C. §
1651(a) (1982), that empowers all courts
established by Act of Congress, including the Court
of Military Appeals, to issue such extraordinary
writs as are necessary or appropriate in aid of their
respective jurisdictions and agreeable to the usage
and principles of law.
APPEAL—A complaint to a superior court of an
injustice done or error committed by an inferior
court whose judgment or decision the court above
is called upon to correct or reverse. See Appellate
Review.
APPELLANT—The party who takes an appeal from
one court or jurisdiction to another.
APPELLATE REVIEW—The examination of the
records of cases tried by courts-martial by proper
reviewing authorities, including, in appropriate
cases, the convening authority, the Court of Military
Review, the Court of Military Appeals, the U.S.
Supreme Court, and the Judge Advocate General.
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APPREHENSION—The taking of a person into
custody.
APPROVED FINDINGS OF AN ADMINI-
STRATIVE BOARD—Final approval of the
findings of an administrative board rests with the
separation authority and, unless the separation
authority
modifies
the findings
and
recommendation, approval of the board’s
recommendations as to characterization or
separation, or both, constitutes approval of such
findings and recommendations.
ARBITRATION—The act of determining a decision in
a controversy by a disinterested third party.
ARRAIGNMENT—The reading of the charge(s) and
specification(s) to the accused or the waiver of their
reading, coupled with the request that the accused
plead thereto.
ARREST—Moral restraint imposed upon a person by
oral or written orders of competent authority
limiting the person’s personal liberty pending
disposition of charges. Arrest is not imposed as
p u n i s h m e n t f o r a n o f f e n s e .
ARREST IN QUARTERS—A moral restraint limiting
an officer’s liberty, imposed as a nonjudicial
punishment by a flag or general officer in command.
ARTICLE 15—The Article of the UCMJ that grants the
power of a commander to impose nonjudicial
punishment.
ARTICLE 32 INVESTIGATION—See Pretrial
Investigation.
ARTICLE 39a SESS1ON—A session of a
court-martial called by the military judge, either
before or after assembly of the court, without the
members of the court being present, to dispose of
matters not amounting to a trial of the accused’s
guilt or innocence.
ASPORTATION—A carrying away; felonious
removal of goods; refers to one of the ways in which
larceny under Article 121, UCMJ, may be
committed.
ASSAULT—An attempt or offer with unlawful force or
violence to do bodily harm to another, whether or
not the attempt or offer is consummated, Article
128, UCMJ.
ASSEMBLED—A court is said to be assembled when
its preliminary organization is complete, the
members have gathered in the courtroom, and the
presiding officer announces the court assembled.
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