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FiveStarLaw
FiveStarLaw, Lawyer
Category: Homework
Satisfied Customers: 36454
Experience:  Lawyer, Accountant and Researcher
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good Morning I was looking at your profile and I see that you

Customer Question

good Morning I was looking at your profile and I see that you have already answered a few of the questions that I was looking to post, I am unable to pay to open the answers I beleive because they were locked in Mediafire. How can i get the answers to the questions in this link http://www.justanswer.com/homework/7nopg-na-im.html
Submitted: 1 year ago.
Category: Homework
Expert:  FiveStarLaw replied 1 year ago.
Good Morning,

I am happy to provide you with access.

Here is the link:
http://www.mediafire.com/view/14zvwvwyo1pa7au/nick.docx

If you would take a moment to click the rating tab to rate my work, I would appreciate it. My goal is EXCELLENT and I hope your rating reflects that.
Customer: replied 1 year ago.


Thank you for your quick response but this was actually not what I was looking for, I was looking for the answers to the questions that were posted re: criminal law that were written on the page http://www.justanswer.com/homework/7nopg-na-im.html but your answers are locked in mediafire

Expert:  FiveStarLaw replied 1 year ago.
ok - let me check that

Expert:  FiveStarLaw replied 1 year ago.
There are several different mediafire links on that page. If you give me the mediafire link I can unlock it for you
Customer: replied 1 year ago.


I believe this is the one, this is the last link that I see and you said that you were comparing his answers to yours.


 


http://www.mediafire.com/view/?9o7ftikw9oy9np1

Customer: replied 1 year ago.
Expert:  FiveStarLaw replied 1 year ago.

Ok I unlocked the link and my answers are available for comparison with your own.

Please let me know if I can assist you further
Customer: replied 1 year ago.

Unfortunately I did not get a passing score, as four of the 10 answers were incorrect. :-(

Customer: replied 1 year ago.

Unfortunately I did not get a passing score, as four of the 10 answers were incorrect. :-(


 











Total Questions: 10



Total Answered: 10



Total Unanswered: 0
































Total Correct:6Percent Correct:60%
Total Incorrect:4Percent Incorrect:40%
Minimum Passing Score:7Minimum Passing Percent:70%
MPQ Target:Your MPQ:5.67
You did not pass your quiz. Please study the feedback below
Expert:  FiveStarLaw replied 1 year ago.
How can that be when the other customer passed????? Which answers were marked incorrect?
Customer: replied 1 year ago.


































Correct Choice: DYour Choice: A Mark: Sure:neitherGraded:Yes








State statutes have defined involuntary manslaughter as:






























Aan unlawful killing in the commission of an unlawful act not amounting to a felony
Bthe commission of a lawful act without due caution or circumspection
Cthe defendant’s conduct, under the circumstances known to him, must involve a high degree of risk of death or serious bodily injury, in addition to the unreasonable risk required for ordinary negligence; and (2) whatever the degree of risk required (merely unreasonable, or both unreasonable and high), the defendant must be aware of the fact that his conduct creates this risk.
DAll of the above










Correct answer: (D) (Sec 15.4-15.4(a) of the Hornbook)





7. not graded





















Correct Choice: BYour Choice: A Mark: Sure:neitherGraded:Yes








Involuntary manslaughter may be predicated on a failure to act or omission if there was a duty to act; and






























AThe failure to act was a breach of the duty of care;
BThe failure to act was an unlawful act or a reckless one;
CThe failure to act was accompanied by knowing that death is certain or substantially certain from his omission,
DThe failure to act was accompanied by the intent to kill or cause serious bodily injury










Correct answer: (B) (Sec 15.4(b) of the Hornbook)





8. not graded





















Correct Choice: BYour Choice: A Mark: Sure:neitherGraded:Yes








The defendant must be the cause of the victim’s death. This means that:






























Athe defendant’s conduct must be the ‘‘cause in fact’’ of the victim’s death and the victim must be a member of the class of persons foreseeably endangered and the victim be harmed in a manner which is foreseeable
Bthe defendant’s conduct must be the ‘‘cause in fact’’ of the victim’s death and the victim must be a member of the class of persons foreseeably endangered and the victim be harmed in a manner which is foreseeable and the type and degree of harm suffered by the victim must be foreseeable
Cthe defendant’s conduct must be the ‘‘cause in fact’’ of the victim’s death
Dthe defendant’s conduct must be the ‘‘cause in fact’’ of the victim’s death and the victim is a member of the class of persons foreseeably endangered










Correct answer: (B) (Sec 15.4(c) of the Hornbook)




Expert:  FiveStarLaw replied 1 year ago.
Thanks _ I'll take a look
Customer: replied 1 year ago.


Thank you. Its partly my fault for not double checking. I just assumed since the original poster gave you an excellent feedback that all answers were correct, but I see now that he did say that he scored a 70% on his exam which means that he had one more correct answer than I did and he passed, whereas I got a 60% and failed :-( I do have a makeup exam, if you would be inclined to help me with that

Expert:  FiveStarLaw replied 1 year ago.
It would be my pleasure to assist. When would be good for you?
Customer: replied 1 year ago.


I can post them now, if thats ok?

Expert:  FiveStarLaw replied 1 year ago.
I am in the middle of a timed exam for another customer. You can post now but I will not be able to answer for another hour. Is that ok?
Customer: replied 1 year ago.


yes.












In State v. Goodseal, 220 Kan. 487, 553 P.2d 279 (1978) the Court held that:.






























A



the predicate felony must be one inherently or foreseeably dangerous to human life as judged by the jury at trial based on the facts of the case



B



there was no requirement that the predicate felony must be one inherently or foreseeably dangerous to human life.



C



the Kansas statute did not require that a felony be one inherently dangerous to human life in order to support a felony murder conviction and, hence, a conviction as a felon in possession of a firearm was sufficient to support felony murder



D



The defendant/appellant be convicted of felony murder




 












In State v. Goodseal, 220 Kan. 487, 553 P.2d 279 (1978) the Court found that the purpose of the felony murder rule was to






























A



furnish a basis for enhanced punishment of previously convicted felons.



B



furnish the state with an added charge upon which just plea negotiations might be based.



C



furnish an added deterrent to the perpetration of felonies which, by their nature or by the attendant circumstances, create a foreseeable risk of death.



D



furnish an added deterrent to murder.




 












In State v. Goodseal, 220 Kan. 487, 553 P.2d 279 (1978) the dissent criticized the Court’s holding stating that






























A



the practical application of the rule approved by the majority can produce absurd results.



B



the majority opinion furnished guidelines to strict to reasonably assist the trial court in instructing the jury.



C



the felony-murder rule should only be properly invoked when based upon a felony which is an integral part of the homicide.



D



None of the above




 












In State v. Underwood, 228 Kan. 294, 615 P.2d 153 (1980) the Kansas court






























A



Adopted the reasoning of the majority opinion in State v Goodseal



B



held that in determining whether a particular collateral felony is inherently dangerous to human life so as to justify a charge of felony murder under Kansas law, the elements of the collateral felony should be viewed in the abstract, and the specific circumstances of the commission of the felony should not be considered in making the determination.



C



held that in determining whether a particular collateral felony is inherently dangerous to human life so as to justify a charge of felony murder under Kansas law, both the elements of the collateral felony viewed in the abstract and the specific circumstances of the commission of the felony should be considered in making the determination.



D



held that the felony murder rule should be abolished in Kansas.




 












Which two states had abandoned the felony murder rule by 1980?






























A



Kentucky and Hawaii



B



Arkansas and Delaware



C



California and Oregon



D



California and New York




 












In Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), the U.S. Supreme Court held that:






























A



execution of mentally retarded criminals constitutes cruel and unusual punishment prohibited by the Eighth Amendment



B



the Eighth Amendment prohibits the execution of a juvenile who was under 18 when he committed his crime.



C



death is not a valid penalty under the Eighth and Fourteenth Amendments for one who neither took life, attempted to take life, nor intended to take life.’’



D



death is a disproportionate penalty for the crime of raping an adult woman.




 












At the early common law one whose conduct brought about an unintended death in the commission or attempted commission of a felony was guilty of murder. Some American jurisdictions have limited the rule by






























A



permitting its use only as to certain types of felonies



B



a narrower construction of the time period during which the felony is in the process of commission



C



requiring that the underlying felony be independent of the homicide.



D



All of the above




 












In many states, the felony-murder rule has been limited in scope by a requirement that the:






























A



felony attempted or committed by the defendant must involve a deadly weapon.



B



felony attempted or committed by the defendant must be one of several listed offenses such as rape, robbery, kidnapping, arson and burglary



C



felony attempted or committed by the defendant must be particularly heinous



D



felony attempted or committed by the defendant must be an integral part of the homicide




 












Both at common law and under the typical modern statute the felony murder rule requires that






























A



the death occur before the crime is completed.



B



the death occur at the time of and at the place of the predicate felony even if from natural causes.



C



the killing occur ‘‘in the commission or attempted commission of’’ the felony.



D



the killing occur within minutes of the felony.




 












When causing a particular result is an element of the crime charged, then






























A



Mere coincidence as to the time and place of the defendant’s intentional or reckless conduct and the prohibited harm is sufficient to establish guilt



B



the defendant’s conduct must be the cause in fact of the forbidden result



C



the defendant’s conduct must be the cause in fact of the forbidden result and the forbidden result which actually occurs must be enough similar to, and occur in a manner enough similar to the result or manner which the defendant intended



D



the defendant’s conduct must be the cause in fact of the forbidden result even though that result may differ from defendant’s’ intention




 












If the actual result of the defendant’s conduct varies from the result which the defendant intended, then when a defendant acts or fails to act






























A



he cannot be found guilty of the crime charged because the results are not accompanied by an intent to cause the resulting harm.



B



with the intent to harm another person (B), but he instead harms a third person (C) whom he did not intend to harm, the law considers him just as guilty as if he had actually harmed the intended victim.



C



he cannot be found guilty of the crime charged because although he is the cause in fact of the injury he is not the legal cause of the injury



D



he can be found guilty of the crime charged regardless of how extraordinary the actual result.




 












If the defendant intends to kill another, but merely injures the victim and the victim subsequently dies as a result of a physician’s negligent treatment of the wound, then it is generally held that






























A



the defendant is guilty of murder of the victim.



B



the defendant is not guilty of murder because he was not the actual cause of death.



C



the defendant is not guilty of murder because the negligent treatment is an unforeseeable intervening cause of the victim’s death.



D



the defendant is not guilty of murder because the act that caused the victim’s death was a matter of coincidence.



Expert:  FiveStarLaw replied 1 year ago.
Thanks Wendy. I'll send you the answers in about 1 hour
Customer: replied 1 year ago.


Sorry to bother you while you're working on another assignment but I just paid to view an answer to a question that was answered by you. I see where the amount was withdrawn but I cannot see the answer. Am I doing something wrong?


 


Sorry to bother you while you're working, but I just paid to have a question that you answered unlocked but I dont see the response.


 


This was the posting:http://www.justanswer.com/homework/7o9gb-ucc-question-need-help-answers.html


I have some UCC question need help on answers Customer Question


I have some UCC question need help on answers Attachment: 2013-04-02_063646_ucc.docx


I paid and I see where the amount was deducted but the answer still says locked? Am I doing something incorrectly?

Expert:  FiveStarLaw replied 1 year ago.
Wendy,

You would need to contact customer service and request a refund. Paying to view an answer only entitles you to read what is on that screen. Please realize that I have no control or say in the site's marketing activity. If you want an answer it is best to ask me directly
Customer: replied 1 year ago.


ok thanks. I'll do that and Ill await your answers before I bombard you with any more questions.

Expert:  FiveStarLaw replied 1 year ago.
Thank you so much Wendy.

To confirm, I am now going to answer the questions that begin with "In State v. Goodseal, 220 Kan. 487, 553 P.2d 279 (1978) the Court held that:".


Customer: replied 1 year ago.


Great!

Expert:  FiveStarLaw replied 1 year ago.
Hi Wendy,

Here are my answers for comparison with your own:
http://www.mediafire.com/?p2cighhb7dvn1kg

If you have any questions concerning my answers, I shall be back on line in 30 min.
Customer: replied 1 year ago.


Thank so much!! Only one wrong. I have a set of questions that you've already answered for another person, If I send them to you can you unlock your prior answers so that I can take a look? The questions are below, but here is the link to the page: http://www.justanswer.com/homework/7o9gb-ucc-question-need-help-answers.html


 




































Modification of an enforceable agreement requires new consideration














A

if the contract is governed by the common law.


B

if the contract is governed by the UCC Article 2.


C

if the modification is not in writing.


D

always because consideration is always required for all modifications.














A party’s ability to modify an agreement under the UCC requires good faith. Which of the following statements is correct regarding the two distinct inquiries a court must make to determine if the parties entered into the modification in good faith?














A

A reasonable person would believe the conduct of the party seeking modification is consistent with “reasonable commercial standards” and whether the party provided consideration.


B

The party asserting the modification must demonstrate that he was in fact motivated by a legitimate honest commercial reason and that the conduct is consistent with “reasonable commercial standards of fair dealing in the trade.”


C

The party asserting the modification demonstrated an attempt to contact the other party and whether the other party was provided an opportunity to be heard.


D

Party asserting the modification must demonstrate emergency and that the modification is reasonable under prevailing commercial standards.














Under the UCC Article 2, a written modification is required in which one of the following situations?














A

If the contract as modified is within the Statute of Frauds provision of the UCC .


B

If the contract as originally written is within the Statute of Frauds provision of the UCC.


C

A written modification is always required.


D

A written modification is never required so long as both parties agree to the new term(s).














Which one of the following statements is most accurate?














A

Under the UCC, a modification must be express.


B

Under both the UCC and common law, modification can be implied only if modification was reasonably contemplated at the time of the contract.


C

Under both the UCC and common law, modification may be either express or implied.


D

Under the UCC and common law, modification may be implied only where there are economic exigencies














Which of the following is not an accurate statement with regard to course of performance and its effect on modification?














A

Course of performance may constitute a waiver of Statute of Frauds defense.


B

Course of performance has no effect on modification.


C

Course of performance may be a valid consideration a court can consider under both the common law and UCC Article 2.


D

Course of performance may be basis for enforcement of modification but only if included in a signed writing.














Under UCC 2-209, a merchant may supply a form which requires modification or rescission be in a signed record. Which of the following is a true statement where the contract containing that clause is contained a contract between a merchant and a non-merchant?














A

The clause only becomes effective once the contract is signed by both parties.


B

A clause forbidding oral modification is not permissible in a contract between a merchant and a non-merchant.


C

The clause becomes effective once the merchant signs the contract.


D

The clause must be separately signed by the non-merchant, otherwise the clause is ineffective














Under UCC 2-209, a merchant may supply a form which requires modification or rescission be in a signed record. Which of the following is true under the UCC if an oral modification or rescission is made in violation of a clause forbidding any oral modifications of the written contract?














A

The attempted oral modification or rescission voids the contract.


B

The attempted oral modification can operate as a waiver.


C

The attempted oral modification must be supported by consideration.


D

The attempted oral modification must be fair and equitable under the circumstances.














Based on Roth Steel Products v. Sharon Steel Corp., which of the following statements is not correct?














A

The seller’s threat not to sell, unless buyer agreed to the increased prices, was prima facie evidence of subjective bad faith.


B

The seller’s subjective bad faith is not an element of the good faith requirement.


C

The seller could have rebutted the presumption of bad faith by showing there was a contractual right to stop selling to buyer.


D

The seller could have rebutted the presumption of bad faith by showing there was a good faith belief that there was contractual right to stop selling to buyer.














Based on the casebook reading, which of the following statements is the best response to Problem 18 in Section 3, page 212 of the casebook?














A

Assuming the promise was made and this is a modification, the dealer is bound because UCC 2-209 (1) eliminates the need for new consideration.


B

Assuming the promise was made and this is a modification, the dealer is NOT bound because UCC 2-209 (1) requires new consideration.


C

The dealer is not bound because oral modification is not permitted between a merchant and non-merchant.


D

Determination of whether the dealer is bound is determined by the reasonableness of the modification














Which of the following factors will a court consider when determining whether the parties have entered into a valid modification of an existing contract?













A

Duress


B

Statute of Frauds


C

Good Faith


D

All of the above














Which one of the following statements about a modification is correct?













A

A valid modification can be retracted.


B

A waiver can be retracted.


C

A modification can never act as a waiver.


D
Both of the statements in choice A and choice B are correct.













Which one of the following is an accurate statement concerning a contract under the common law which contains a written provision specifically stating “no non-written modification will be recognized?”














A

It is enforceable and thus the written contract cannot be orally modified.


B

It may be modified only where objectively reasonable grounds exist.


C

It may be modified only if the clause is not specifically signed on the original contract.


D

It is not enforceable and thus the parties may alter their written agreement by oral agreement.




"She who has conquered doubt and fear has conquered failure."












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Expert:  FiveStarLaw replied 1 year ago.
Hi Wendy,

I am glad that we did so well on that assignment.I have unlocked the additional questions and answers as per your request

At this time please accept/rate the work that I have already done so that the site is instructed to pay me for my work. Please also consider leaving a bonus as compensation for unlocking the additional answers

Best regards,
FiveStarLaw
Customer: replied 1 year ago.


I definitely will. Can you please snd me the link to the unlocked answers becaue its still showing as locked. I am going to accept the work now with the bonus

Expert:  FiveStarLaw replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.
FiveStarLaw, Lawyer
Category: Homework
Satisfied Customers: 36454
Experience: Lawyer, Accountant and Researcher
FiveStarLaw and 7 other Homework Specialists are ready to help you
Expert:  FiveStarLaw replied 1 year ago.

Thank you very much for the "excellent service" rating and the bonus!

If I can be of assistance in the future, begin your question with: "For FiveStarLaw"

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