5/17/2023 0 Comments Present sense impressionHow should the judge rule? Deny the motion, because the officer lawfully stopped the car. One of the passengers made a motion to prevent the introduction of the gun at his trial for murder and robbery. Subsequent testing showed that the gun had been used in a recent homicide during a store robbery by three young men. Calling for backup, she decided to haul all three teenagers to jail. When the driver got out, the officer patted him down and found a gun in his waistband. She informed the driver that he was under arrest and asked him to step out of the car. The officer decided to take the driver in on the tickets. A statute in the jurisdiction permits an arrest to be made if a driver has four or more outstanding parking or traffic violations. A license check showed that the driver had five outstanding parking tickets. The officer immediately pulled the car over and requested the driver's license. Several blocks later, the car rolled through a stop sign. She waited for it to go by her and, after it was far enough ahead, started to follow it. A police officer saw a car containing three teenagers driving slowly down the street at 1 a.m. If the purchaser does have the right of way over the property the owner gave to his friend, the owner's estate would be liable for breach of which covenant? Against encumbrances. The purchaser had been given an easement to cross over the owner's property to get to the property she had purchased, although there is no evidence that the purchaser had ever used the "right of way." After the owner's death, the friend discovered that the owner had sold part of the property. Is the heating company likely to prevail in its suit seeking the $450 from the homeowner?Īn owner of land gave his friend a deed for a specified parcel of property. The heating company then sued the homeowner for $450, the difference between the agreed contract price and the amount paid. ![]() The homeowner mailed the heating company a copy of the repair estimate and a check for $3,050-the contract price less the cost of new blowers and labor to install them-and wrote prominently on the check "Payment in full for installation of two baseboard heaters." The heating company cashed the check upon receipt. The homeowner contacted a qualified repairman to find out how to fix the problem and was told it would cost an additional $300 for new blowers and $150 in labor costs to replace the faulty blowers. The heating company sent a repair worker to the home to service the heaters, but after several attempts to fix the problem, the heaters were still too loud. The homeowner did not immediately pay the bill because the heaters were too noisy. Upon completion of the installation, the heating company sent an invoice to the homeowner for the $3,500. ![]() This figure included the heaters and labor costs for installation. Is the bartender guilty?Ī homeowner contracted with a local heating company to install two baseboard heaters in an addition to his home for a total cost of $3,500. ![]() The bartender was subsequently charged under the state statute for selling the beer to the minor. ![]() The bartender served the beer to the minor, who consumed it on the premises. Had the bartender asked for identification, the minor would have shown him a fake identification card showing that he was 21 years old. The bartender never asked the minor for any form of identification, as he thought that he was at least 25 years old. A state statute provided for criminal penalties for "knowingly selling alcoholic beverages in violation of the regulations of the State Liquor Commission to any person under the age of 18." One of the State Liquor Commission regulations provided that "before an alcoholic beverage is sold to any person between the ages of 17 and 24, the seller must demand some form of photo identification to determine the buyer's age." A minor who looked much older than his age of 17 walked into a tavern located in the state and asked the bartender for a beer.
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