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Bullets are not permitted

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Part II. Essays. Please perform the work requested below. Bullets are not permitted unless otherwise stated.1. A. Professor Hardy was disturbed by the fact that students frequently left the room during her lectures, so she instructed Tay, a teaching assistant, to lock the door of her classroom ten minutes after the class began, and not to unlock it again until ten minutes before the class was scheduled to end. On Thursday, Peter attended Professor Hardy?s four o?clock class. By five minutes past four, Peter was sound asleep in his seat. At ten minutes past four, Tay locked the classroom door as instructed by Professor Hardy, unlocking it at ten minutes to five. When the class ended at five, Peter, who had slept through the class, was awakened by a classmate, and left the room. The classroom had been painted the previous day with a paint to which Peter was allergic, although neither Professor Hardy, Tay, nor Peter knew about it. Peter later developed allergic symptoms later that day which required hospitalization. Peter has commenced an action for an intentional tort against Professor Hardy. What is that tort and will Peter win? Explain your answer.;2. B. During the course of an argument about politics, Darrell slapped Pack in the face. Angry, Pack pointed an unloaded pistol at Darrell. Darrell immediately drew a knife and stabbed Pack with it, injuring him severely. Pack subsequently asserted a battery claim against Darrell. What defense can be raised by Darrell? If he raises it, what is the most important issue in determining Darrell?s liability to Pack, if any? Explain your answers. (Do not discuss any ?stand-your-ground? law).;2. State Officer Abby, an undercover agent, told her superior, Officer Sue, that Deer, a suspected dealer in stolen property, had (three hours earlier) shown Abby 12 stolen U.S. Army pistols that were stored in Deer?s car trunk. Sue immediately prepared an arrest warrant affidavit alleging that ?a reliable informant has reported that Deer possesses stolen property.? The affidavit was presented to a magistrate, who then issued an arrest warrant. After the warrant was issued, a police bulletin was issued for Deer?s arrest.;One hour later, Sue observed Deer on the public walkway outside Deer?s home, watering his front lawn with a garden hose. After Sue informed Deer of the outstanding warrant, she arrested Deer, searched him, and found one of the stolen pistols in a pocket of Deer?s jacket.;Concurrently with the arrest, Sue read Deer his Miranda warnings and then demanded that Deer reveal the location of the remaining weapons. Deer refused to say anything until he spoke with an attorney. Sue then told Deer that Deer was subject to both federal and state prosecutions, but that only the state charge would be prosecuted if he ?talked immediately.? In response, Deer told Sue that the other 11 pistols were in the trunk of his car parked across the street.;Sue had the car towed to a police parking lot, where the trunk was pried open and the remaining 11 pistols removed. A thorough search of the trunk also turned up a notebook, which listed the serial numbers of all the pistols, including the one Sue had taken from Deer?s pocket.;Deer has been charged with receiving stolen property. He has made a motion to exclude from evidence, on federal constitutional grounds, the 12 pistols, Deer?s statement to Sue, and the notebook.;Please respond to the following questions;1. Is the pistol found in Deer?s jacket admissible?;2. Are the 11 guns in Deer?s trunk admissible?;3. Is Deer?s statement admissible?

 

Paper#16304 | Written in 18-Jul-2015

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