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What rule is when military authority takes the place of civilian law?
Wiki User
∙ 10y ago
When the military takes control of a civilian government it's called martial law. This happened in the recent past of Egypt, as one example. When this happens, normal government activities such as holding elections and other personal freedoms by a population are usually suspended.
Wiki User
∙ 10y ago
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Military Arrest what is it?
Military Arrest is when the Military takes a civilian into custody.
What is the military jurisdiction?
when military authority takes priority over an event on a military installion or an offense by a member of the military
In flight which takes precidence in airspace usage Civilian Aircraft or military aircraft?
It depends on the national state of emergency. If there is a state of national emergency then all civilian aircraft are usually grounded and the military have precedence.
When the military takes control of an area replacing civilian authorities and suspending certain civil rights?
Martial Law
When does civilian law supersede military law?
Civilian law is typically always in place. Military law is only invoked in extreme emergencies. However, military personnel are always subject to military law. The Adjutant General will negotiate with the civilian authorities if there is any situation where it is not definite as to which takes precedence. Actually, in the United States, no military person (or, for that matter, anyone other than the Judical Branch) can arbitrarily decide to enforce military law in a place where it is not currently in place. Not even the President can decide to apply military law in a place where civil law is currently in force (indeed, this is one of the major contentious issues around the classification of terrorists as "enemy combatants", and the legality of this move is still being subject to litigation). The misnowmer "martial law" does not actually apply Military Law, but rather enforce a certain subsection of civilian law. For instance, let's say that there is major rioting in a city, and the National Guard is called in to restore order, and "martial law" is declared by the city's major (or perhaps, the state governor). Members of the National Guard are subject to Military law, and any infractions they commit will naturally be covered by military trial. HOWEVER, should a National Guardsman capture a looter (or other criminal), they are then prosecuted under CIVILIAN LAW, even though "martial law" was declared. Martial law in this case is a specific subsection of civilian law, which criminalizes certain activities which are normally permissible under ordinary civilian law. Back to the original question: as Congress is the creator of both military and civilian law, it can decide whether civilian or military law applies in a situation where the military normally has first jurisdiction. There are a myriad number of places this can occur, so naming them all is not possible. In addition, the Constitution is still the highest law of the land, and is supreme over both military and civilian law. Do note that many crimes are not covered by military law, but only civilian law, so it is entirely possible for a person normally subject to military jurisdiction to be prosecuted by civilian authorities without military acquiecence. For example, Insider Trading is a civilian crime, with no military equivalent, so it would be entirely possible to charge a military serviceperson on a military base with this civilian crime.
What event takes place in Edinburgh castle every August?
The Military Tattoo
Can a soldier be deployed with pending civilian criminal charges?
Yes they can. The military commitment takes precedence over civilian commitments. If the soldier is called to court they can write to the court with a copy of their orders and reference the soldier and sailors relief act that will delay any court actions until they return.
What are the pronouns and antecedents in the sentence The civilian conservation corps met its goal of creating 2.5 million jobs?
"The civilian conservation corps met its goal of creating 2.5 million jobs."The pronoun 'its' (a possessive adjective) takes the place of the noun antecedent 'corps'.
What is it when a member of the military acts as a facilitator whos aim is to guide the local parties toward an agreement?
The mediation process takes place when a member of the military acts as a facilitator.
When does trooping the colour take place?
Trooping the Colour, a military ceremony in the UK to mark the Queen's official birthday, usually takes place on the second Saturday in June.
What is formal channel?
formal communication takes place within the line of authority. it flows along a prescribed channel observing all the norms applicable to the hierarchy,and all members on line of authority are obliged to follow this line of communication.
In military planning when do Incident Managers begin planning for the demobilization process?
c. As soon as possible to facilitate accountability of the resources. Military planning takes place well in advance of the demobilization process.
