Your law firm represents the Plaintiff, Laila Johnson, who has been permanently disabled in an automobile accident.

Laila's car was struck by a car driven by Ben Toller's son, Harold. The two had just left the Tipsy Tavern and were driving home. Ben's blood alcohol level was three times the legal limit and Harold's was just above the legal limit. Both were administered alcohol breath tests at the scene of the accident. When the officer arrived, he could smell the presence of liquor, but Ben and Harold were clearly suffering the effects of an accident, in the judgment of the officer as reported by onlookers. The officer who administered the tests didn't ask for permission but the Tollers didn't object either. Laila had not been drinking and was not administered a breath test since she was transported to the hospital as a result of her injuries.

Your law firm has been hired to research the liability issues against both Ben and Harold Toller and the Tipsy Tavern in New Jersey. The facts developed during the firm's investigation showed that Ben Toller was known in the Tavern as someone with a drinking problem, who frequently became visibly intoxicated. Harold was known to the Tipsy Tavern as Ben's son, who was a minor, but believed to be 21-22 years old by the bartender. On the night of the accident, the bartender served Mr. Toller at least six shots of whiskey and four beers in just one hour. The bartender served Harold at least 5 beers.

Before taking on the case, the firm wants to make sure that, after trial, any claims for liability will not be dismissed. The Managing Partner asks you to research if The Tipsy Tavern is responsible for the injuries to Laila. The Managing Partner is worried that a court will rule that Ben and Harold Toller will be determined to be the cause of the injuries (and they have no money or insurance to pay any damages). Laila Johnson's damages are significant and wants to make sure any potential award will result in a recovery. It is believed that the Taverns are required to carry insurance.

Your managing attorney wants you to do the research for his personal review. Therefore, he only wants references and brief sentences explaining why the citation you reference may apply to the issues raised by the facts. Specifically, he would like you to research:

1) Are Taverns and those who hold alcohol beverage licenses required to maintain insurance for this type of claim? Is training to determine if an individual is "visibly intoxicated" required for an alcohol beverage license? Generally, what are the requirements in this regard?

2) Because the officer at the scene didn't ask permission to administer the breath test, will that be admissible as evidence?

3) Cite three cases and/or statutory authority establishing liability on Tavern (Bar) owners for serving obviously intoxicated individuals. What are the elements that must be demonstrated to win at trial?Based upon the fact situation below. please complete legal research identifying:

1) any NJ Constitutional issues raised by the facts with citations to references.

2) any NJ statutory issues raised by the facts with citations to references.

3) any NJ administrative rules or regulations that may apply to the issues raised by the facts with citations to the references.

4) at least 3 NJ court cases interpreting the common law, Constitutional law, statutory law, or administrative law raised by the issues with proper citations.

5) At least three secondary sources you would or may have used in increasing your general knowledge about the issues raised (please provide the url citations, so I can find them). Try to include proper Bluebook citations, where appropriate.