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The basic statutory definition of criminal solicitation is A that…

The basic statutory definition of...

The basic statutory definition of criminal solicitation is
A that with intent that another person shall engage in conduct constituting a crime the accused propositions another person to exchange sexual favors for money or other things of material value.
B that with intent that another person shall engage in conduct constituting a crime the accused solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct.
C that with intent that another person shall engage in conduct constituting a crime the accused agrees with such other person to engage in such conduct.
D that with intent that another person shall engage in conduct constituting a crime the accused aids and abets that person to commit the crime.

According to the court in People v. Lubow, 29 N.Y.2d 58, 323 N.Y.S.2d 829, 272 N.E.2d 331(1971) to complete the crime of solicitation
A nothing need be done in furtherance of the solicitation to constitute the offense.
B there must be some act in furtherance of the solicitation to constitute the offense.
C the attempt at communication must reach the other person.
D it must be proven by the testimony of two witnesses, or of one witness and corroborating circumstances.

In People v. Superior Court, 41 Cal.4th 1, 58 Cal.Rptr.3d 421, 157 P.3d 1017 (2007), the court reasoned that:
A Solicitation alone is sufficient to establish an attempt at the intended crime.
B Solicitation when combined with some substantial step towards completion of the crime is sufficient to establish an attempt.
C Solicitation to murder, in combination with a completed agreement to hire a professional killer and further conduct implementing the agreement, can consti-tute an attempted murder.
D None of the above

In the commission of each criminal offense there may be several persons or groups that play distinct roles before, during and after the offense. A principal in the first degree is one who, with the requisite mental state
A engages in the act or omission constituting the crime.
B is the primary or chief actor.
C is the earliest in time or order of development of the crime
D is the actor that originates the general idea or plan of the crime

In the commission of each criminal offense there may be several persons or groups that play distinct roles before, during and after the offense. A principal in the second degree is one who is present at the commission
A of a criminal offense
B of a criminal offense and aids, counsels, commands, or encourages the principal in the first degree in the commission of that offense.
C of a criminal offense but is not the primary or chief actor
D but is not the earliest in time or order of development of the crime

In the commission of each criminal offense there may be several persons or groups that play distinct roles before, during and after the offense. An accessory before the fact is one who
A knows of the crime before its completion and does nothing to prevent the crime
B counsels, encourages, or otherwise aids and abets another to commit a felony but who is not present at the commission of the offense
C is the earliest in time or order of development of the crime prior to the crime being attempted
D is the earliest in time or order of development of the crime prior to the crime being completed

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Tutor: Lucy, Lawyer replied 9 years ago

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The basic statutory definition of criminal solicitation is
A that with intent that another person shall engage in conduct constituting a crime the accused propositions another person to exchange sexual favors for money or other things of material value.
B that with intent that another person shall engage in conduct constituting a crime the accused solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct.
C that with intent that another person shall engage in conduct constituting a crime the accused agrees with such other person to engage in such conduct.
D that with intent that another person shall engage in conduct constituting a crime the accused aids and abets that person to commit the crime.

According to the court in People v. Lubow, 29 N.Y.2d 58, 323 N.Y.S.2d 829, 272 N.E.2d 331(1971) to complete the crime of solicitation
A nothing need be done in furtherance of the solicitation to constitute the offense.
B there must be some act in furtherance of the solicitation to constitute the offense.
C the attempt at communication must reach the other person.
D it must be proven by the testimony of two witnesses, or of one witness and corroborating circumstances.

In People v. Superior Court, 41 Cal.4th 1, 58 Cal.Rptr.3d 421, 157 P.3d 1017 (2007), the court reasoned that:
A Solicitation alone is sufficient to establish an attempt at the intended crime.
B Solicitation when combined with some substantial step towards completion of the crime is sufficient to establish an attempt.
C Solicitation to murder, in combination with a completed agreement to hire a professional killer and further conduct implementing the agreement, can consti-tute an attempted murder.
D None of the above

In the commission of each criminal offense there may be several persons or groups that play distinct roles before, during and after the offense. A principal in the first degree is one who, with the requisite mental state
A engages in the act or omission constituting the crime.
B is the primary or chief actor.
C is the earliest in time or order of development of the crime
D is the actor that originates the general idea or plan of the crime

In the commission of each criminal offense there may be several persons or groups that play distinct roles before, during and after the offense. A principal in the second degree is one who is present at the commission
A of a criminal offense
B of a criminal offense and aids, counsels, commands, or encourages the principal in the first degree in the commission of that offense.
C of a criminal offense but is not the primary or chief actor
D but is not the earliest in time or order of development of the crime

In the commission of each criminal offense there may be several persons or groups that play distinct roles before, during and after the offense. An accessory before the fact is one who
A knows of the crime before its completion and does nothing to prevent the crime
B counsels, encourages, or otherwise aids and abets another to commit a felony but who is not present at the commission of the offense
C is the earliest in time or order of development of the crime prior to the crime being attempted
D is the earliest in time or order of development of the crime prior to the crime being completed

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Customer reply replied 9 years ago

Thank you. Would you mind answeing a few more? I have listed them below if you can. I have given you an excellent rating so that you can collect payment for the questions you previously answered.

Richard had always wanted to become a police officer but had been rejected each time he applied to law enforcement agencies throughout the county where he lived. After receiving his fifth rejection letter, Richard decided he would engage in law enforcement as a hobby by monitoring police radio calls and watching "America's Most Wanted Criminals" on television. On one television broadcast, the picture of an escaped prisoner was displayed. The prisoner was described as armed and dangerous. The following day, Richard was at the shopping mall when he spotted a man, Charles, who matched the description of the escaped prisoner. Richard casually walked near Charles to get a closer look. When Charles saw Richard approach, he turned and walked quickly toward the shopping mall exit to the parking lot. Richard ran after Charles and reached into his jacket and pulled out a gun and yelled at Charles to "stop. . .or I'll shoot!" When Charles appeared to reach into his jacket and turn to face Richard, Richard shot at Charles. The bullet missed and struck Sherman, another shopper who was entering the mall through the same doorway that Charles was attempting to use to exit the mall. The police arrived and it was determined that Richard was mistaken because Charles was not an escaped felon and he was not armed -- although Charles did bear a strong resemblance to the escaped felon whose picture was broadcast on the television program Richard had seen the night before.

If Charles brings an action for assault against Richard, he will

A	recover, if Charles reasonably suspected that he was about to be shot.
B	recover, because Richard attempted to shoot Charles.
C	recover, under the reasoning in choice (A) or (B).
D	not recover.

If Sherman brings an action for battery against Richard, he will

A	recover, because Charles was not an escaped felon.
B	recover, unless Richard reasonably believed that Charles was an armed and dangerous escaped felon who was about to shoot Richard and Richard is not considered the original aggressor under the circumstances.
C	not recover, Richard did not intend to cause a harmful or offensive touching to Sherman.
D	not recover, Richard was acting as a de facto law enforcement officer and was entitled to make an honest mistake of fact as to whether Charles was armed and dangerous.

Roadway Railroad (Roadway) operated a commuter train service carrying passengers between several major cities in State X. Horvath regularly took a Roadway train to travel from his home to work each day. Horvath preferred to sit in the "Club Car" train car because it contained a lounge area with wider seats and offered beverages and food service. On Friday evening as the Roadway train was carrying commuters home from work for the weekend, Horvath was sitting in the "Club Car" quietly enjoying a cocktail when Belicose came and sat next to him. Belicose had consumed several alcoholic beverages served to him by the "Club Car" bartender. Belicose, who was quite obviously intoxicated, attempted to strike up a conversation with Horvath. Horvath could have moved to another seat in the "Club Car" or another car on the train where seats were plentiful, but chose to stay and hoped that Belicose would move away if Horvath simply ignored him. When Horvath failed to respond after several minutes and appeared to be ignoring him, Belicose became angry and pushed Horvath. Horvath fell and injured his arm.

If Horvath brings suit for damages against Roadway based on negligence, Horvath will

A	not prevail, because Horvath could have easily moved to another seat or left the "Club Car."
B	not prevail, because Belicose acted in a spontaneous and unpredictable manner.
C	not prevail, because as a common carrier, Roadway is strictly liable for the safety of its passengers.
D	prevail, if a Roadway employee working in the "Club Car" should have recognized that Belicose was a danger to other passengers and should have acted to protect Horvath before the injury occurred.

If Horvath brings suit for damages against Roadway based on battery, Horvath will

A	not prevail because Belicose was not an agent or employee of Roadway.
B	not prevail, because Horvath assumed the risk of injury by choosing to continue sitting next to Belicose, an obviously intoxicated person.
C	not prevail, if a reasonable person sitting next to Belicose would have realized the danger and moved to avoid being injured.
D	prevail, if a Roadway employee continued serving alcoholic beverages to Belicose in reckless disregard for the risk of possible injury Belicose might inflict on another passenger.

Biker was riding his bicycle on a four-line divided highway in violation of a state law that restricted such highway uses to motor vehicles only. After riding for several miles, Biker tired and stopped at a public rest stop to use the restroom. While exiting the restroom, Biker tripped and fell when he stepped on a wet floor that had not been properly marked by state highway maintenance workers who had just cleaned the restroom.

Assuming that the state in which the restroom is located and the action is tried retains the common law landowner/occupier rules which are based on the status of the plaintiff, which of the following would be the best possible status designation which Biker should reasonably expect to achieve if he seeks to recover damages from the state?

A	Business invitee.
B	Licensee.
C	Public invitee.
D	Frequent trespasser.

Fran drove her car to a downtown parking garage owned and operated by Garage. Fran entered and parked her car, leaving her keys with the garage attendant. For the next three hours, Fran visited several bars and consumed a large number of alcoholic beverages. When Fran returned to the parking garage she was visibly intoxicated. The attendant, a Garage employee, saw Fran and asked her, "Do you want me to call a taxi?" Fran said no and grabbed the keys from the attendant's hand. On the way home, Fran struck another car with hers and injured Paul, the driver of the other vehicle. Paul brought suit against Garage and the attendant, attempting to collect for his injuries.

Which of the following will provide the best defense for Garage and the attendant in this suit?

A	Paul was injured by Fran, not by the defendants.
B	Fran's intoxicated condition was the cause of the accident and neither defendant was responsible for furnishing Fran with the alcohol.
C	Neither Garage nor the attendant owed any duty of care to Paul to refuse Fran's request for her car keys.
D	Neither Garage nor the attendant created any foreseeable risk of harm to third parties when they allowed Fran to drive out of the garage.

Perry was on vacation at the Paradise Isle Hotel (Hotel) in Hawaii. One day while dining in the Hotel restaurant, Perry swallowed a large piece of food that became lodged in his throat. Perry began to gasp for breath and his face turned bright red as he struggled to remove the piece of food from his throat. Doctor, another restaurant patron on vacation at Hotel, saw Perry but chose not to assist Perry when a restaurant employee began to administer a commonly used medical anti-choking technique of standing directly behind the choking person, wrapping both arms around the choking person's chest and quickly pushing in on the chest to try to expel the lodged food item. After several minutes of failed attempts, paramedics arrived and rushed Perry to the hospital for an emergency operation. Perry survived, but suffered from reduced brain function due to the length of time he was deprived of sufficient oxygen before the operation extracted the food item lodged in Perry's throat.

If Perry brings suit against Doctor to recover for his injuries, Perry will

A	recover, if Doctor could have helped Perry by offering basic emergency medical care.
B	recover, if Doctor knew or should have realized that the restaurant employee was not properly performing the anti-choking technique.
C	not recover, because the risk of liability from offering assistance to a stranger outweighs the likelihood of successfully assisting a stranger to avoid injury.
D	not recover, because Perry cannot prove that his injury was caused by any negligent affirmative act of Doctor's part.

Dorman decided to construct a fish pond in his back yard. When completed, the pond was located on the boundary of Dorman's property and located next to a public trail used by joggers and others when traveling through the woods. Dorman stocked the pond with fish, but he became angry when he discovered that some local children had been feeding candy and other snacks to the fish and many fish were dying as a consequence. To prevent the children from reaching the pond, Dorman constructed a barbed wire fence around the pond and bordering the public trail. The fence was posted every 20 feet with a sign warning of the dangers of coming into contact with the barbed wire fence. Rider was out riding on horseback on the trail when his horse was injured when it brushed against the barbed wire fence. Rider was not aware of the existence of the barbed wire fence and had not seen any of the warning signs because the local schoolchildren had recently stolen most of the signs installed by Dorman.

If Rider brings suit against Dorman for the injuries suffered by his horse, Rider will

A	prevail, but only if it is established that using barbed wire fencing adjacent to a frequently-used public trail amounts to reckless conduct on Dorman's part.
B	prevail, if Dorman failed to use reasonable care to warn of the dangers presented by the fence.
C	not prevail, because Rider was a trespasser.
D	not prevail, a landowner has no duty to warn persons not on his land about dangers arising from natural conditions on the

Niteclub is an evening entertainment establishment featuring live music and other entertainment which includes a restaurant, bar and dance floor. The police department informed the management of Niteclub that several of Niteclub's customers had complained that they had been robbed or found their cars stolen after leaving the club late at night. In response, Niteclub posted large well-lit signs at the entrances and in the rest rooms of Niteclub warning that "Niteclub does not insure the safety of the property or persons of those who enter Niteclub" and that "Customers should be careful to watch for thieves and robbers who may try to rip you off in the parking lot." Piddle entered Niteclub one evening to meet some friends. Piddle entered the club, but left less than five minutes later when he discovered that his friends were not inside. When Piddle returned to the parking lot, his car had been stolen.

If Piddle brings a lawsuit against Niteclub to recover damages, Piddle will

A	not recover, because the warning signs were clearly visible.
B	not recover, because the car thief is the proximate cause of the harm suffered by Piddle.
C	recover, Niteclub will be responsible for any harm suffered by invitees while on the premises.
D	recover, if Niteclub failed to take reasonable steps to protect against the harm suffered by Piddle.

Pat was a fourteen-year-old student at Central High School, a public school. While working on homework one afternoon in an empty classroom, Pat was sexually molested by Prossel, a math teacher recently hired by Central High School after Prossel had transferred from another school district.

If Pat brings suit against Central High School seeking damages, Pat will

A	prevail, the public schools are strictly liable for injuries occurring on school premises while school is in session.
B	prevail, the employer of a tortfeasor is vicariously liable for the torts committed by the employee during the course of employment.
C	not prevail, unless it was foreseeable that the reason Prossel transferred to Central was because Prossel had been terminated for good cause.
D	not prevail, unless Central School District knew that Prossel had previously molested a child.

Tutor: Lucy, Lawyer replied 9 years ago

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