2008 edition - Fort Sam Houston - U.S. Army

R.C.M. 103(12)
signed to or may be readily converted to expel any
projectile by the action of an explosive.
(13) “Joint” in connection with military organizat
i o n c o n n o t e s a c t i v i t i e s , o p e r a t i o n s , o r g a n i z a t i o n s ,
and the like in which elements of more than one
military service of the same nation participate.
(14) “Members.” The members of a court-martial
are the voting members detailed by the convening
authority.
(15) “Military judge” means the presiding officer of
a general or special court-martial detailed in accordance
with Article 26. Except as otherwise expressly
provided, in the context of a summary court-martial
“military judge” includes the summary court-martial
officer or in the context of a special court-martial
without a military judge, the president. Unless otherwise
indicated in the context, “the military judge”
means the military judge detailed to the court-martial
to which charges in a case have been referred
for trial.
(16) “Party.” Party, in the context of parties to a
court-martial, means:
(A) The accused and any defense or associate or
assistant defense counsel and agents of the defense
counsel when acting on behalf of the accused with
respect to the court-martial in question; and
(B) Any trial or assistant trial counsel representing
the United States, and agents of the trial counsel
w h e n a c t i n g o n b e h a l f o f t h e t r i a l c o u n s e l w i t h
respect to the court-martial in question.
(17) “Staff judge advocate” means a judge advocate
so designated in Army, Air Force, or Marine Corps,
and means the principal legal advisor of a command
i n t h e N a v y a n d C o a s t G u a r d w h o i s a j u d g e
advocate.
(18) “sua sponte” means that the person involved
acts on that person’s initiative, without the need for
a request, motion, or application.
( 1 9 ) “ W a r , t i m e o f . ” F o r p u r p o s e o f R . C . M .
1004(c)(6) and of implementing the applicable paragraphs
of Parts IV and V of this Manual only, “time
of war” means a period of war declared by Congress
or the factual determination by the President that the
e x i s t e n c e o f h o s t i l i t i e s w a r r a n t s a f i n d i n g t h a t a
“ t i m e o f w a r ” e x i s t s f o r p u r p o s e s o f R . C . M .
1004(c)(6) and Parts IV and V of this Manual.
(20) The definitions and rules of construction in 1
II-2
U.S.C. §§ 1 through 5 and in 10 U.S.C. §§ 101 and
801.
Discussion
1 U.S.C. §§ 1 through 5, 10 U.S.C. § 101, and 10 U.S.C. § 801
(Article 1) are set forth below.
1 U.S.C. § 1. Words denoting number, gender, and so forth.
In determining the meaning of any Act of Congress, unless
the context indicates otherwise—
words importing the singular include and apply to
several persons, parties, or things; words importing the plural
include the singular;
words importing the masculine gender include the
feminine as well;
words used in the present tense include the future
as well as the present;
t h e w o r d s “ i n s a n e ” a n d “ i n s a n e p e r s o n ” a n d
“lunatic” shall include every idiot, lunatic, insane person, and
person non compos mentis; the words “person” and “whoever”
include corporations, companies, associations, firms, partnerships,
societies, and joint stock companies, as well as individuals;
“officer” includes any person authorized by law to
perform the duties of the office;
“signature” or “subscription” includes a mark when
the person making the same intended it as such;
“oath” includes affirmation, and “sworn” includes
affirmed;
“writing” includes printing and typewriting and reproductions
of visual symbols by photographing, multigraphing,
mimeographing, manifolding, or otherwise.
§ 2. “County” as including “parish,” and so forth.
The word “county” includes a parish, or any other
equivalent subdivision of a State or Territory of the United States.
§ 3. “Vessel” as including all means of water transportation.
The word “vessel” includes every description of
watercraft or other artificial contrivance used or capable of being
used, as a means of transportation on water.
§ 4. “Vehicle” as including all means of land transportation.
The word “vehicle” includes every description of
carriage or other artificial contrivance used or capable of being
used, as a means of transportation on land.
§ 5. “Company” or “association” as including successors
and assigns.
The word “company” or ldquo;association”, when
used in reference to a corporation, shall be deemed to embrace
the words “successors and assigns of such company or association”,
in like manner as if these last-named words, or words of
similar import, were expressed.
10 U.S.C. § 101. Definitions
In addition to the definitions in sections 1-5 of title 1, the
following definitions apply in this title:
(1) “United States”, in a geographic sense, means the
States and the District of Columbia.
(2) Except as provided in section 101(1) of title 32 for
laws relating to the militia, the National Guard, the Army National
Guard of the United States, and the Air National Guard of
the United States, “Territory” means any Territory organized after
this title is enacted, so long as it remains a Territory.
(3) “Possessions” includes the Virgin Islands, the Canal
Zone, Guam, American Samoa, and the Guano islands, so long as