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Chris M.
Chris M., M.S.W. Social Work
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I have several " Criminal Law " homework question.

Resolved Question:

I have homework questions i need answered by 8pm tonight az time

Submitted: 1 year ago.
Category: Homework
Expert:  FiveStarLaw replied 1 year ago.

Hello,

My name isXXXXX may be able to assist you. Please post the questions for my review
Customer: replied 1 year ago.

i am looking for a certian person that has helped me before can you opt out please thanks! i am looking for Chris M

Customer: replied 1 year ago.

Under the ________ test, a person is guilty of attempt when his or her conduct is very close to success, or when an act is so near to the result that the probability of success is very great.


indispensable element test


last act test


physical proximity test


unequivocality test


dangerous proximity test


 


If a defendant "attempted to murder" someone by swatting him or her over the head with a fly swatter, the defendant would likely be able to prove that he or she did not have the ________ to murder, because it is impossible to kill someone in this manner.


actus reus


mens rea


concurrent of actus reus and mens rea


causation


The crime of ________ is said to exist as a necessary and important aid to law enforcement because secret enterprises threaten society and are extremely difficult to detect.


abandonment


renunciation


solicitation


conspiracy


facilitation


 


Question 7 1 pts Skip to question text.


Under the ________ test, the perpetrator need not have advanced so far as the last act, and an attempt has not been committed unless the accused has the immediate power to actually carry through with the crime at the time of the intervention of the police.


indispensable element test


last act test


physical proximity test


unequivocality test


dangerous proximity test


 


Question 8 1 pts Which of the following is a defense used when a person's intended end constitutes a crime, but the actor does not complete the act that would have been a crime because of circumstances unknown to him or her or beyond his or her control?


pure legal impossibility


factual impossibility


genuine legal impossibility


hybrid impossibility


 


Question 9 1 pts Abandonment is a valid defense when:


Abandonment is a valid defense when:


the defendant has had a change of heart on his or her own, because of a sincere belief that furtherance of the act is wrong.


the defendant abandons the criminal plan because he or she was unable to carry out the attempt due to some logistical or technical reason.


the defendant postpones the project until a better time arises to carry out the crime.


the defendant abandons the criminal plan because law enforcement intervened.


 


Question 10 1 pts Under the MPC, the intent requirement can be met even though a defendant may not have desired or wanted a particular result, if it can be shown that the defendant acted with:


Under the MPC, the intent requirement can be met even though a defendant may not have desired or wanted a particular result, if it can be shown that the defendant acted with:


the mens rea of recklessness, which essentially holds that "anything goes."


the mens rea of negligence, which implies that the defendant was deliberately careless about the results to avoid culpability.


a desire that a certain result would occur, but a willingness to accept any other result, even arrest.


a substantial certainty that a certain result would occur.


 


Question 11 1 pts An argument against the abandonment defense is that it:


An argument against the abandonment defense is that it:


allows an actor to undo criminal plans by renunciation and avoid punishment, a possibility that may encourage persons to take preliminary steps toward a crime.


allows a defendant who sincerely XXXXX XXXXX to escape liability.


timing is not relevant, and people should be guilty at any stage of the criminal plan regardless of whether or not actions were taken to further that plan


currently applies only to involuntary renunciations


 


Question 12 1 pts In 1784, the English court first recognized the crime of attempt in:


In 1784, the English court first recognized the crime of attempt in:


Rex v. Higgins


Miranda v. Arizona


People v. Orndorff


Rex v. Scofield


 


Question 13 1 pts Skip to question text.


Under the ________ test, a suspect who has not yet gained control over a necessary instrumentality of the criminal plan cannot be guilty of attempt.


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


indispensable element test


last act test


physical proximity test


unequivocality test


dangerous proximity test


 


Question 14 1 pts Which of the following are criminal acts that are punished before the ultimate or intended harm occurs?


Which of the following are criminal acts that are punished before the ultimate or intended harm occurs?


misdemeanors


inchoate crimes


completed crimes


felonies


Petty offenses


Question 15 1 pts Factual impossibility is not a defense to the crime of attempt.


True


False


Question 16 The general intent requirement for attempted crimes makes sense, because the concept of attempt encompasses the idea that a person is trying to commit a specific act.


True


False


 


Question 17 1 pts Under common law, the physical impossibility of accomplishing the crime frequently prevents conviction.


True


False


 


Question 18 1 pts It has been said that the only difference between the man who attempts and fails and another who attempts and succeeds may be chance.


True


False


Question 19 1 pts If an accused argues that he or she abandoned the criminal enterprise and did not intend to actually commit the crime, he or she can still be charged with and found guilty of attempt.


True


False


 


Question 20 1 pts Abandonment is a valid defense, in those jurisdictions that recognize it as such, only when the accused has a genuine change of heart about committing the crime and clearly manifests the desire to abandon the criminal enterprise entirely.


True


False


 


Question 21


The mens rea of conspiracy is the act of reaching an agreement.


True


False


 


Question 22 1 pts One of the basic principles of Anglo-American criminal law is that the law does not punish people for their actions.


True


False


 


Question 23


nchoate crimes also have actus reus and mens rea requirements.


True


False


 


Today, an attempt to commit a substantive crime is usually classified as an equal crime to the target or object offense.


True


False


 


All modern jurisdictions similarly require that the solicitor have a mental state of desiring that the crime be carried out.


True


False


 


Question 26 1 pts The salient issue in the impossibility defense is whether the law should punish a person who has attempted to do what was not possible under the existing circumstances.


True


False


 


27. Match the defenses listed with the definitions


Under this defense, unless the threat is against habitation, the actor is not justified in the use of deadly force.


[ Choose ]


Under this defense, unless the threat is against habitation, the actor is not justified in the use of deadly force.


[ Choose ]


Sometimes a person is faced with a choice between two courses of action, both of which will cause harm. If the actor chooses the lesser of the two, he or she can claim this defense


[ Choose ]


The justified use of reasonable force by one who is not an aggressor, when the actor-defendant reasonably believed it was necessary to defend against what the defendant reasonably perceived to be an unlawful and imminent attack upon the defendant's person


[ Choose ]


There is some overlap between this justification and the defense of others.


[ Choose ]


As this defense developed, persons who could be defended expanded to include others in the household and beyond, eventually even including strangers.


[ Choose ]


Under this defense, a person is justified in using reasonable force to defend someone else when that person "reasonably believes that the other person is in imminent danger of bodily harm from an unlawful aggressor and that the use of force is "necessary" to avoid the harm.


[ Choose ]


Every jurisdiction now recognizes this defense as a justification for committing a crime, and even permits the use of deadly force if the defendant is able to prove the elements of the claim.


[ Choose ]


This defense is also known as the choice of evils, or the choice of lesser evils.


[ Choose ]


The primary purpose of this defense is as it applies to sworn police officers in the exercise of their duties.


[ Choose ]


 


Question 28 1 pts The MPC requires three things in order to maintain non-deadly mechanical devices. Which of the following does NOT belong?


The device must be one that is customarily used for the purpose of protection, and reasonable care must be taken to make probable intruders aware that the device is being used.


The device must be reasonable under the circumstances.


The device must not be designed to cause or create a substantial risk of death or serious injury.


The device must carry automatic ammunition and have a shroud.


 


Question 29


The common law rule, case law, and statutes concerning self-defense require that the defendant reasonably believe that his or her adversary's unlawful violence, especially deadly force, have any three of the following time-related characteristics. Which of the following is NOT an appropriate characteristic?


Postponed


Imminent


happen at once


almost immediately forthcoming


 


Question 30 1 pts A defense is based upon a(n) ____ when the actor has violated a criminal statue but there is a reason for not holding him or her personally accountable.


true defense


affirmative defense


excuse


justification


Your text names three noteworthy situations that would lead to a valid assertion of the duress defense under the MPC but not under common law. Which of the following is NOT one of these three?


a person who must kill another person in order to prevent his or her own death


a person who is brainwashed, or coerced, over time into committing an illegal act by responding to earlier threats that have rendered the actor submissive


an escape from prison to avoid an intolerable condition or circumstance


a battered woman commits a crime at the suggestion of her abusive partner


 


According to the MPC provisions, an officer or private citizen may not use deadly force to prevent the commission of a crime unless he or she believes:


that there is a possible risk that the suspect will cause the death or serious bodily injury to another person unless prevented from doing so, and that the use of deadly force presents only possible substantial risk to bystanders.


that there is a substantial risk that the suspect will cause the death or serious bodily injury to another person unless prevented from doing so, and that the use of deadly force presents no substantial risk to bystanders.


that there is a substantial risk that the suspect will cause the death or serious bodily injury to another person unless prevented from doing so, and that the use of deadly force presents risk to no more than two bystanders


that there is any risk that the suspect may cause the death or serious bodily injury to another person unless prevented from doing so, and that the use of deadly force presents minimal substantial risk to bystanders.


 


Once a defendant has been charged with a criminal offense, the prosecutor has the burden of producing evidence and proving beyond a reasonable doubt the existence of the four elements of criminal culpability. Which of the following is NOT one of these four elements?


an actual and proximate causal connection between the actus reus and the social harm


the defendant's voluntary act, or omission when there was a duty to act


the concurrence of motive and intent


the social harm resulting from the offense


 


Usually, a defendant must prove three elements in order to be acquitted of a crime because of self-defense. Which of the following is NOT one of these three elements?


the necessity of using force (including the use of deadly force only "to prevent imminent and unlawful use of deadly force by the aggressor")


whether a weapon was used, and whether it was lethal or nonlethal


the reasonableness of the belief that force was necessary


the proportionality of the force to the threat (i.e., the level of force used in self-defense cannot be excessive in light of the level of force threatened)


 


There are five legal tests, or rules, that have been adopted by jurisdictions in the United States to determine the sanity of an accused. Which of the following is no longer used?


the product test


the American Law Institute test


the federal test


the M'Naghten


Private citizens can make citizens' arrests under the common law rule for three of the following reasons. Which of the following is NOT a legitimate reason?


For a misdemeanor involving a breach of the peace, if the crime actually occurred and the citizen reasonably believed the suspect committed the offense.


For certain misdemeanors committed in the citizen's presence


For a felony, if the crime actually occurred and the citizen reasonably believed the suspect committed the offense


For a felony, if the crime may have occurred and the citizen reasonably believed the suspect looked guilty


 


A(n) ____ is one in which the defendant admits to the existence of all of the necessary legal elements for criminal liability but offers one or more legally recognized reasons why he or she should nonetheless be acquitted.


excuse


justification


true defense


affirmative defense


A defense based upon a(n) ____ renders lawful conduct that would otherwise constitute a violation of the criminal law.


affirmative defense


true defense


excuse


justification


 


Diminished capacity can be used to describe two circumstances in which a mental condition short of insanity will exonerate the accused or lessen the crime for which he or she is convicted. One of these circumstances is where the accused:


can prove pure legal impossibility


can show that he or she abandoned the crime while still in a sane mental state


raises the condition as a failure of proof defense, negating an element of the crime, a mens rea use of the defense


raises the defense that possession forced him or her to act under duress.


Although the right to prevent harm to another is universally recognized as a defense, there are two problem areas:


determining the category of persons who can be assisted, and identifying situations in which the person defended did not have a legal right to act in self-defense.


determining the category of assailants who can be stopped, and identifying situations in which the persons defended are strong enough to defend themselves.


determining the category of crimes that should be prevented, and identifying situations in which the assailants should be treated with lethal force.


determining the ways in which police could better handle the situation, and identifying situations in which the assailant's rights could be violated


defense can mean any set of identifiable conditions or circumstances that may prevent a conviction for an offense.


True


False

Expert:  Chris M. replied 1 year ago.

Hello Janine,

When is your deadline for submitting answers for these questions? Also, the formatting came out jumbled. It's hard to read the questions/choices and determine how many questions are listed. Would you be able to upload the questions as a word document to a file-sharing site such as mediafire.com or box.com.?

Customer: replied 1 year ago.

Attachment: 2013-11-02_002950_janine.docx

sure!! i will do a word doc now... at 11:53pm tonight AZ time Frown i didnt have enough in paypal before today

 

 

 

 

Under the ________ test, a person is guilty of attempt when his or her conduct is very close to success, or when an act is so near to the result that the probability of success is very great.

indispensable element test

last act test

physical proximity test

unequivocality test

dangerous proximity test

 

If a defendant "attempted to murder" someone by swatting him or her over the head with a fly swatter, the defendant would likely be able to prove that he or she did not have the ________ to murder, because it is impossible to kill someone in this manner.

actus reus

mens rea

concurrent of actus reus and mens rea

causation

The crime of ________ is said to exist as a necessary and important aid to law enforcement because secret enterprises threaten society and are extremely difficult to detect.

abandonment

renunciation

solicitation

conspiracy

facilitation

 

Question 7 1 pts Skip to question text.

Under the ________ test, the perpetrator need not have advanced so far as the last act, and an attempt has not been committed unless the accused has the immediate power to actually carry through with the crime at the time of the intervention of the police.

indispensable element test

last act test

physical proximity test

unequivocality test

dangerous proximity test

 

Question 8 1 pts Which of the following is a defense used when a person's intended end constitutes a crime, but the actor does not complete the act that would have been a crime because of circumstances unknown to him or her or beyond his or her control?

pure legal impossibility

factual impossibility

genuine legal impossibility

hybrid impossibility

 

Question 9 1 pts Abandonment is a valid defense when:

Abandonment is a valid defense when:

the defendant has had a change of heart on his or her own, because of a sincere belief that furtherance of the act is wrong.

the defendant abandons the criminal plan because he or she was unable to carry out the attempt due to some logistical or technical reason.

the defendant postpones the project until a better time arises to carry out the crime.

the defendant abandons the criminal plan because law enforcement intervened.

 

Question 10 1 pts Under the MPC, the intent requirement can be met even though a defendant may not have desired or wanted a particular result, if it can be shown that the defendant acted with:

Under the MPC, the intent requirement can be met even though a defendant may not have desired or wanted a particular result, if it can be shown that the defendant acted with:

the mens rea of recklessness, which essentially holds that "anything goes."

the mens rea of negligence, which implies that the defendant was deliberately careless about the results to avoid culpability.

a desire that a certain result would occur, but a willingness to accept any other result, even arrest.

a substantial certainty that a certain result would occur.

 

Question 11 1 pts An argument against the abandonment defense is that it:

An argument against the abandonment defense is that it:

allows an actor to undo criminal plans by renunciation and avoid punishment, a possibility that may encourage persons to take preliminary steps toward a crime.

allows a defendant who sincerely XXXXX XXXXX to escape liability.

timing is not relevant, and people should be guilty at any stage of the criminal plan regardless of whether or not actions were taken to further that plan

currently applies only to involuntary renunciations

 

Question 12 1 pts In 1784, the English court first recognized the crime of attempt in:

In 1784, the English court first recognized the crime of attempt in:

Rex v. Higgins

Miranda v. Arizona

People v. Orndorff

Rex v. Scofield

 

Question 13 1 pts Skip to question text.

Under the ________ test, a suspect who has not yet gained control over a necessary instrumentality of the criminal plan cannot be guilty of attempt.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

indispensable element test

last act test

physical proximity test

unequivocality test

dangerous proximity test

 

Question 14 1 pts Which of the following are criminal acts that are punished before the ultimate or intended harm occurs?

Which of the following are criminal acts that are punished before the ultimate or intended harm occurs?

misdemeanors

inchoate crimes

completed crimes

felonies

Petty offenses

Question 15 1 pts Factual impossibility is not a defense to the crime of attempt.

True

False

Question 16 The general intent requirement for attempted crimes makes sense, because the concept of attempt encompasses the idea that a person is trying to commit a specific act.

True

False

 

Question 17 1 pts Under common law, the physical impossibility of accomplishing the crime frequently prevents conviction.

True

False

 

Question 18 1 pts It has been said that the only difference between the man who attempts and fails and another who attempts and succeeds may be chance.

True

False

Question 19 1 pts If an accused argues that he or she abandoned the criminal enterprise and did not intend to actually commit the crime, he or she can still be charged with and found guilty of attempt.

True

False

 

Question 20 1 pts Abandonment is a valid defense, in those jurisdictions that recognize it as such, only when the accused has a genuine change of heart about committing the crime and clearly manifests the desire to abandon the criminal enterprise entirely.

True

False

 

Question 21

The mens rea of conspiracy is the act of reaching an agreement.

True

False

 

Question 22 1 pts One of the basic principles of Anglo-American criminal law is that the law does not punish people for their actions.

True

False

 

Question 23

nchoate crimes also have actus reus and mens rea requirements.

True

False

 

Today, an attempt to commit a substantive crime is usually classified as an equal crime to the target or object offense.

True

False

 

All modern jurisdictions similarly require that the solicitor have a mental state of desiring that the crime be carried out.

True

False

 

Question 26 1 pts The salient issue in the impossibility defense is whether the law should punish a person who has attempted to do what was not possible under the existing circumstances.

True

False

 

27. Match the defenses listed with the definitions

Under this defense, unless the threat is against habitation, the actor is not justified in the use of deadly force.

[ Choose ]

Under this defense, unless the threat is against habitation, the actor is not justified in the use of deadly force.

[ Choose ]

Sometimes a person is faced with a choice between two courses of action, both of which will cause harm. If the actor chooses the lesser of the two, he or she can claim this defense

[ Choose ]

The justified use of reasonable force by one who is not an aggressor, when the actor-defendant reasonably believed it was necessary to defend against what the defendant reasonably perceived to be an unlawful and imminent attack upon the defendant's person

[ Choose ]

There is some overlap between this justification and the defense of others.

[ Choose ]

As this defense developed, persons who could be defended expanded to include others in the household and beyond, eventually even including strangers.

[ Choose ]

Under this defense, a person is justified in using reasonable force to defend someone else when that person "reasonably believes that the other person is in imminent danger of bodily harm from an unlawful aggressor and that the use of force is "necessary" to avoid the harm.

[ Choose ]

Every jurisdiction now recognizes this defense as a justification for committing a crime, and even permits the use of deadly force if the defendant is able to prove the elements of the claim.

[ Choose ]

This defense is also known as the choice of evils, or the choice of lesser evils.

[ Choose ]

The primary purpose of this defense is as it applies to sworn police officers in the exercise of their duties.

[ Choose ]

 

Question 28 1 pts The MPC requires three things in order to maintain non-deadly mechanical devices. Which of the following does NOT belong?

The device must be one that is customarily used for the purpose of protection, and reasonable care must be taken to make probable intruders aware that the device is being used.

The device must be reasonable under the circumstances.

The device must not be designed to cause or create a substantial risk of death or serious injury.

The device must carry automatic ammunition and have a shroud.

 

Question 29

The common law rule, case law, and statutes concerning self-defense require that the defendant reasonably believe that his or her adversary's unlawful violence, especially deadly force, have any three of the following time-related characteristics. Which of the following is NOT an appropriate characteristic?

Postponed

Imminent

happen at once

almost immediately forthcoming

 

Question 30 1 pts A defense is based upon a(n) ____ when the actor has violated a criminal statue but there is a reason for not holding him or her personally accountable.

true defense

affirmative defense

excuse

justification

Your text names three noteworthy situations that would lead to a valid assertion of the duress defense under the MPC but not under common law. Which of the following is NOT one of these three?

a person who must kill another person in order to prevent his or her own death

a person who is brainwashed, or coerced, over time into committing an illegal act by responding to earlier threats that have rendered the actor submissive

an escape from prison to avoid an intolerable condition or circumstance

a battered woman commits a crime at the suggestion of her abusive partner

 

According to the MPC provisions, an officer or private citizen may not use deadly force to prevent the commission of a crime unless he or she believes:

that there is a possible risk that the suspect will cause the death or serious bodily injury to another person unless prevented from doing so, and that the use of deadly force presents only possible substantial risk to bystanders.

that there is a substantial risk that the suspect will cause the death or serious bodily injury to another person unless prevented from doing so, and that the use of deadly force presents no substantial risk to bystanders.

that there is a substantial risk that the suspect will cause the death or serious bodily injury to another person unless prevented from doing so, and that the use of deadly force presents risk to no more than two bystanders

that there is any risk that the suspect may cause the death or serious bodily injury to another person unless prevented from doing so, and that the use of deadly force presents minimal substantial risk to bystanders.

 

Once a defendant has been charged with a criminal offense, the prosecutor has the burden of producing evidence and proving beyond a reasonable doubt the existence of the four elements of criminal culpability. Which of the following is NOT one of these four elements?

an actual and proximate causal connection between the actus reus and the social harm

the defendant's voluntary act, or omission when there was a duty to act

the concurrence of motive and intent

the social harm resulting from the offense

 

Usually, a defendant must prove three elements in order to be acquitted of a crime because of self-defense. Which of the following is NOT one of these three elements?

the necessity of using force (including the use of deadly force only "to prevent imminent and unlawful use of deadly force by the aggressor")

whether a weapon was used, and whether it was lethal or nonlethal

the reasonableness of the belief that force was necessary

the proportionality of the force to the threat (i.e., the level of force used in self-defense cannot be excessive in light of the level of force threatened)

 

There are five legal tests, or rules, that have been adopted by jurisdictions in the United States to determine the sanity of an accused. Which of the following is no longer used?

the product test

the American Law Institute test

the federal test

the M'Naghten

Private citizens can make citizens' arrests under the common law rule for three of the following reasons. Which of the following is NOT a legitimate reason?

For a misdemeanor involving a breach of the peace, if the crime actually occurred and the citizen reasonably believed the suspect committed the offense.

For certain misdemeanors committed in the citizen's presence

For a felony, if the crime actually occurred and the citizen reasonably believed the suspect committed the offense

For a felony, if the crime may have occurred and the citizen reasonably believed the suspect looked guilty

 

A(n) ____ is one in which the defendant admits to the existence of all of the necessary legal elements for criminal liability but offers one or more legally recognized reasons why he or she should nonetheless be acquitted.

excuse

justification

true defense

affirmative defense

A defense based upon a(n) ____ renders lawful conduct that would otherwise constitute a violation of the criminal law.

affirmative defense

true defense

excuse

justification

 

Diminished capacity can be used to describe two circumstances in which a mental condition short of insanity will exonerate the accused or lessen the crime for which he or she is convicted. One of these circumstances is where the accused:

can prove pure legal impossibility

can show that he or she abandoned the crime while still in a sane mental state

raises the condition as a failure of proof defense, negating an element of the crime, a mens rea use of the defense

raises the defense that possession forced him or her to act under duress.

Although the right to prevent harm to another is universally recognized as a defense, there are two problem areas:

determining the category of persons who can be assisted, and identifying situations in which the person defended did not have a legal right to act in self-defense.

determining the category of assailants who can be stopped, and identifying situations in which the persons defended are strong enough to defend themselves.

determining the category of crimes that should be prevented, and identifying situations in which the assailants should be treated with lethal force.

determining the ways in which police could better handle the situation, and identifying situations in which the assailant's rights could be violated

defense can mean any set of identifiable conditions or circumstances that may prevent a conviction for an offense.

True

False

 

 

was that better

Expert:  Chris M. replied 1 year ago.
Hello Janine,

Sorry, I am going to have to opt out. It is taking me too long to read and decipher the questions as formatted.
Customer: replied 1 year ago.
Relist: Other.
need more help
Customer: replied 1 year ago.

Attachment: 2013-11-02_022319_janine.docx


 


 


 


I have another day to turn in will that help and I attached word doc

Expert:  Chris M. replied 1 year ago.
Hello Janine,

Yes, I should be able do this for you by tomorrow. The word document attachment only included up to question #18 and question #27 is missing the options for matching. If you could supply those it would help considerably.

Thanks!
Customer: replied 1 year ago.

actually i have till sunday night... :) I am working on the other half tonight

Attachment: 2013-11-02_040828_janine1.docx

Expert:  Chris M. replied 1 year ago.

Okay, I still should be able to get these to you by tomorrow (11/02) evening.

Thanks!
Expert:  Chris M. replied 1 year ago.
THIS ANSWER IS LOCKED!
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Chris M., M.S.W. Social Work
Category: Homework
Satisfied Customers: 2529
Experience: Master's Degree, strong math and writing skills, experience in one-on-one tutoring (college English)
Chris M. and 7 other Homework Specialists are ready to help you
Expert:  Chris M. replied 1 year ago.
Hello Janine,

I happened to notice one mistake I made--question #10. I edited that answer on the uploaded file.

-Chris M.
Customer: replied 1 year ago.

thanks I am going to work on it in about an hour! :)

Expert:  Chris M. replied 1 year ago.

Thanks for the rating and bonus. Good luck in all your studies!
Customer: replied 1 year ago.

I will see you next week :)

Expert:  Chris M. replied 1 year ago.
Okay, speak to you soon.

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