Mary is a 55-year-old female with CC of 3-month history of l…

Mary is a 55-year-old female with CC of 3-month history of left sided neck and central – left upper back/scapula pain. SH: married with twin 10 year old children; she is trained as a research lab. technician but is currently a homemaker. CLOF: Mary reports she’s having a hard time keeping up with her husband and children and increasing difficulty managing her home. Even minor activities such as reaching to upper cabinets/closets, lifting and carrying groceries or laundry result in significant pain. As a result she has been very sedentary lately and feels that she fatigues easily. PMH:  hypercholestemia (210mg/dL) SH: 1 pack per day smoker x 35 years MEDS: takes Tylenol for current pain; started taking over the counter allergy medicine, Zyrtec, by mouth 3 weeks ago because of recent nasal congestion and cough. She is self referred to PT with goals to decrease pain, return to regular activities and exercise, and to feel good enough to be able to start part-time work. PHYSICAL EXAMINATION: Posture and Observation: Posterior pelvic tilt, increased thoracic kyphosis, Mod forward head, C – spine in L side bend.   Height:  1.75 meters  (69 in)    Weight: 55 kg  (121 lbs)       BMI: 18.28 VSs at rest: HR 84 bpm, reg ;  RR 22,  upper chest breathing pattern  BP  120/75 Active Range of Motion: Cervical spine: flexion 0 to 30 degrees; extension 0 to 25 degrees; rotation (R) 0 to 40 degrees, (L) 0 to 15 degrees; sidebending (R) 0 to 30 degrees, (L) 0 to 20 degrees MMT Strength Testing: Upper trapezius (B) 5/5; middle trapezius (R) 3/5, (L) 2/5; lower trapezius (B) 2/5; sternocleidomastoid (B) 2/5; trunk curl 3/5; bilat leg lowering (abdominals)  2/5; Palpation: Tender to light pressure in suboccipital region, medial upper and mid trapezius, SCM origin & insertion L > R Function: sitting tol. 20 mins, standing tol. 15 mins, can lift 5lbs from knee to waist and waist to shoulder level with mild increase in discomfort; unable to lift heavier loads due to significant increase in pain, unable to lift loads from floor level, unable to reach/lift overhead due to pain.  Amb. independently indoor and outdoors w/o assistive device, up to ½ mile on level surfaces with reports of fatigue and increased discomfort/pain; Amb. elevations independently w/o AD but uses 1 rail on stairs for stability.     Question 46: List 4 different impairments of body structure and function in this patient. (2 pts)  

“If someone gets caught stealing apples from an apple orchar…

“If someone gets caught stealing apples from an apple orchard, they should be prosecuted for theft, even if the owner of the orchard doesn’t really care about the theft, because such a person (i.e., a thief) deserves to be punished, and if such persons are allowed to get away with stealing, other people will think that they can get away with stealing too.” Which of the following punishment approaches does this statement exemplify? Pick the best answer.

Cruz and Micah go to the same high school and do not like ea…

Cruz and Micah go to the same high school and do not like each other, though they do like the same girl. Cruz eventually challenges Micah to a “no weapons fight,” to which Micah agrees. The fight begins as a fist fight, but when Cruz starts to get the best of Micah, Micah pulls out a knife and stabs Cruz. If Micah is charged with “assault with a deadly weapon,” should he prevail on a self-defense claim under the traditional common law?

Teresa stole Jerry’s new cell phone with the incorrect belie…

Teresa stole Jerry’s new cell phone with the incorrect belief that it had a value of $600, when it actually had a value of $800. The law of Teresa’s MPC jurisdiction defines misdemeanor theft to include “purposely or knowingly depriving another of property having a value less than $750,” whereas felony theft is defined to include “purposely or knowingly depriving another of property having a value of $750 or more.” Under the MPC, if Teresa can convince the jury (at her trial) that she sincerely believed that Jerry’s new phone had a value of $600, which crime should she be convicted of? (See MPC § 2.04.)

Consider the traditional common law crime of “heat of passio…

Consider the traditional common law crime of “heat of passion manslaughter” and its elements. Although an individual can be charged with this crime, it is also often raised as a defense to a charge of murder by a defendant hoping to be convicted of this lesser homicide offense. In such a case, how is “heat of passion manslaughter” like a justification defense? And how is it like an excuse defense?

Michael’s wife, Martha, was raped by a man who broke into th…

Michael’s wife, Martha, was raped by a man who broke into their home one night while Michael was away on a business trip. After raping Martha, the man said, “Stay alert. I may come back for more.” The man was wearing a black ski mask. Michael is overwhelmed with anger (and other emotions) about what has happened. Three nights later, Michael hears a sound outside in their yard. He looks outside and sees someone in a black ski mask walking across their backyard. Michael immediately gets his gun, shoots at the person, and kills him. When Martha looks outside, however, she begins to weep. She recognizes the victim’s coat. It is their neighbor’s oldest son, and he is definitely not the man who raped her. The State charges Michael with murder. Michael’s defense is that the killing constituted manslaughter, rather than murder. Considering the fact that Michael shot the wrong person, can Michael succeed with a “heat of passion” manslaughter defense under a traditional common law approach? What about manslaughter under the Model Penal Code (MPC § 210.3)? Pick the best answer.