Author: Anonymous

On appeal of his conviction for murder Ben raises the claim that his trial counsel failed to call specific character witnesses and did not request a psychiatric exam. In raising his ineffective assistance of counsel claim Ben must show that: His counsel’s assistance was deficient. His counsel prejudiced his defense. The counsel’s performance did not conform to a community standard of proficiency. The performance of his counsel at trial was not harmless error. Choose the best answer from the options below:

A [x] g sample of metal absorbs [y] J of heat. If the temperature of the metal increases from 22.0°C to 47.2°C, what is the specific heat of the metal?

Porter owned an expensive house in a desirable area. He decided to sell the house, put most of the things he wanted to keep in storage, and go on a year-long cruise around the world. This decision was made in January. Reserving a spot on the cruise required a non-refundable downpayment of $100,000. The downpayment had to be made by May 1st and the cruise left on June 1st. Payment in full of the $900,000 balance was due by May 20th. This cruise line only started one of these voyages each year. If he missed it, Porter would need to get someplace else to live and wait till next year. Porter hoped he could sell his home quickly. Duncan was shown Porter’s house on April 2nd and again on April 4th. On April 5th Duncan submitted an offer in the form of a five-page standard real estate purchase contract. Duncan offered $2 million dollars cash with a downpayment of $20,000. The contract described the downpayment as “earnest money” and “liquidated damages.” Porter thought the house was worth more than $2 million, but Porter was in a hurry to make his cruise deadlines, so he accepted. Duncan paid the downpayment and arranged the inspections specified by the agreement. Each time Duncan had visited the house (at least five times before May 1st) Porter had told Duncan about his plans for the trip, the downpayment, and how he was going to use the proceeds from the house sale to make the final payment on his cruise. In fact Porter had written a new clause on the contract saying “time is of the essence in this contract because Seller needs the proceeds to pay for a cruise before May 5th or he will lose his 100k downpayment.” During the termite inspection Duncan saw a numbered print that Porter had hanging in the dining room. Duncan offered $600 for the print and Porter accepted. Duncan wrote out a check and handed it to Porter. Duncan said “you can leave it right there. That is where I will keep it when I move in.” Escrow was scheduled to close the purchase on May 6th, 20 days after the contract was signed by both parties. On May 1st Porter made the non-refundable downpayment for the cruise. On May 4th Duncan announced he had found another home he preferred and was not going to close escrow on Porter’s home. Duncan requester the return of the deposit. Porter had just made the non-refundable deposit for the cruise, and now the house would not close to give him the money for the impending final payment on the cruise. Porter kept marketing the house, but no buyer appeared in time. Porter lost his cruise $100,000 downpayment and would need to delay going on the trip till next year. In June Porter was able to find a buyer and sold the house for $2.5 million dollars. As both Porter and Duncan want the $20k downpayment Duncan made on Porter’s house the down payment is still with the escrow company, which awaits an agreement or a court order. Duncan wrote a letter demanding the numbered print be delivered to him. Discuss the possible lawsuit between Porter and Duncan, including all possible measures of damage. Do NOT discuss any action against the cruise line.    

Ashley called the police regarding a domestic violence complaint against her boyfriend. She indicated that her boyfriend was presently sleeping in the apartment and that she would meet the police and travel to the apartment with them. On several occasions she referred to the apartment as “our apartment” and indicated that she had clothes and furniture there. When they arrived at the apartment, she opened the door with a key and gave the officers permission to enter. When they did so they found illegal drugs in plain few and seized them. The boyfriend’s attorney seeks to have the drugs excluded because of a violation of the 4th Amendment. In looking at the facts what is a court most likely to conclude: The officers entered the apartment in defiance of the likelihood that the boyfriend would have objected to the entry into the apartment. The officers knew that the boyfriend had common authority of the apartment and should have sought his consent to enter along with that given by Ashley. The consent of Ashley was itself sufficient to allow the officers to enter the apartment. The consent was valid because based on the facts available to the officers at the time it was reasonable for them to believe Ashley had authority over the apartment. Choose the best answer from the options below:

What is the generic name for Incruse Ellipta?

Seller publishes a catalog listing prices for various office supplies. Buyer mails an order for 100 boxes of paper clips at the catalog price. Seller ships the clips upon receiving the order. Ten days later, Seller sends an invoice to the Buyer, billing the Buyer according to the terms in the catalog.

A police detective (the affiant) correctly stated the items to be seized in the search warrant application and the supporting affidavit, but in the search warrant he mistakenly entered in the space for that specification a description of the place to be searched. That error was not noticed by the magistrate who issued the warrant and was not noticed by the affiant executing officer until the warrant was executed. He instructed his search team on the basis of the items listed in the application and the affidavit.In reviewing the warrant and its execution, a court is most likely to:

Appellant Ben was arrested for bank robbery and moved to suppress a statement made to the police on the grounds that the warnings he received by the police did not satisfy Miranda v. Arizona. The Fourth Circuit upheld his conviction on the grounds that the New Calizonia legislature adopted the following statutory language. “The constitutional requirements of the fifth amendment self-incrimination clause will be satisfied if a confession is deemed to be voluntary. The issue of voluntariness will take into account the circumstances surrounding the confession including (a) the time elapsing between arrest and arraignment of the defendant making the confession; (b) whether such defendant knew the nature of the offense with which he was charged, (c) whether the defendant was advised prior to questioning of the right to the existence of counsel; and (d) Whether the defendant was advised he was not required to make any statement.” In reviewing Ben’s conviction, the court will most likely:

Match the colligative properties with the  definition 

Liquidated damages clauses: