Homework Questions? Ask a Tutor for Answers ASAP
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
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 I think this might be it
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
State statutes have defined involuntary manslaughter as:
Correct answer: (D) (Sec 15.4-15.4(a) of the Hornbook)
Involuntary manslaughter may be predicated on a failure to act or omission if there was a duty to act; and
Correct answer: (B) (Sec 15.4(b) of the Hornbook)
The defendant must be the cause of the victim’s death. This means that:
Correct answer: (B) (Sec 15.4(c) of the Hornbook)
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
I can post them now, if thats ok?
In State v. Goodseal, 220 Kan. 487, 553 P.2d 279 (1978) the Court held that:.
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
there was no requirement that the predicate felony must be one inherently or foreseeably dangerous to human life.
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
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
furnish a basis for enhanced punishment of previously convicted felons.
furnish the state with an added charge upon which just plea negotiations might be based.
furnish an added deterrent to the perpetration of felonies which, by their nature or by the attendant circumstances, create a foreseeable risk of death.
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
the practical application of the rule approved by the majority can produce absurd results.
the majority opinion furnished guidelines to strict to reasonably assist the trial court in instructing the jury.
the felony-murder rule should only be properly invoked when based upon a felony which is an integral part of the homicide.
None of the above
In State v. Underwood, 228 Kan. 294, 615 P.2d 153 (1980) the Kansas court
Adopted the reasoning of the majority opinion in State v Goodseal
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.
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.
held that the felony murder rule should be abolished in Kansas.
Which two states had abandoned the felony murder rule by 1980?
Kentucky and Hawaii
Arkansas and Delaware
California and Oregon
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:
execution of mentally retarded criminals constitutes cruel and unusual punishment prohibited by the Eighth Amendment
the Eighth Amendment prohibits the execution of a juvenile who was under 18 when he committed his crime.
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.’’
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
permitting its use only as to certain types of felonies
a narrower construction of the time period during which the felony is in the process of commission
requiring that the underlying felony be independent of the homicide.
All of the above
In many states, the felony-murder rule has been limited in scope by a requirement that the:
felony attempted or committed by the defendant must involve a deadly weapon.
felony attempted or committed by the defendant must be one of several listed offenses such as rape, robbery, kidnapping, arson and burglary
felony attempted or committed by the defendant must be particularly heinous
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
the death occur before the crime is completed.
the death occur at the time of and at the place of the predicate felony even if from natural causes.
the killing occur ‘‘in the commission or attempted commission of’’ the felony.
the killing occur within minutes of the felony.
When causing a particular result is an element of the crime charged, then
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
the defendant’s conduct must be the cause in fact of the forbidden result
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
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
he cannot be found guilty of the crime charged because the results are not accompanied by an intent to cause the resulting harm.
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.
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
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
the defendant is guilty of murder of the victim.
the defendant is not guilty of murder because he was not the actual cause of death.
the defendant is not guilty of murder because the negligent treatment is an unforeseeable intervening cause of the victim’s death.
the defendant is not guilty of murder because the act that caused the victim’s death was a matter of coincidence.
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?
ok thanks. I'll do that and Ill await your answers before I bombard you with any more questions.
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
if the contract is governed by the common law.
if the contract is governed by the UCC Article 2.
if the modification is not in writing.
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 reasonable person would believe the conduct of the party seeking modification is consistent with “reasonable commercial standards” and whether the party provided consideration.
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.”
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.
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?
If the contract as modified is within the Statute of Frauds provision of the UCC .
If the contract as originally written is within the Statute of Frauds provision of the UCC.
A written modification is always required.
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?
Under the UCC, a modification must be express.
Under both the UCC and common law, modification can be implied only if modification was reasonably contemplated at the time of the contract.
Under both the UCC and common law, modification may be either express or implied.
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?
Course of performance may constitute a waiver of Statute of Frauds defense.
Course of performance has no effect on modification.
Course of performance may be a valid consideration a court can consider under both the common law and UCC Article 2.
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?
The clause only becomes effective once the contract is signed by both parties.
A clause forbidding oral modification is not permissible in a contract between a merchant and a non-merchant.
The clause becomes effective once the merchant signs the contract.
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?
The attempted oral modification or rescission voids the contract.
The attempted oral modification can operate as a waiver.
The attempted oral modification must be supported by consideration.
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?
The seller’s threat not to sell, unless buyer agreed to the increased prices, was prima facie evidence of subjective bad faith.
The seller’s subjective bad faith is not an element of the good faith requirement.
The seller could have rebutted the presumption of bad faith by showing there was a contractual right to stop selling to buyer.
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?
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.
Assuming the promise was made and this is a modification, the dealer is NOT bound because UCC 2-209 (1) requires new consideration.
The dealer is not bound because oral modification is not permitted between a merchant and non-merchant.
Determination of whether the dealer is bound is determined by the reasonableness of the modification
Statute of Frauds
All of the above
A valid modification can be retracted.
A waiver can be retracted.
A modification can never act as a waiver.
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?”
It is enforceable and thus the written contract cannot be orally modified.
It may be modified only where objectively reasonable grounds exist.
It may be modified only if the clause is not specifically signed on the original contract.
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."
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