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1,200
[ "Complete the following passage from a US court opinion:\nshowing presentment or the setting of a hearing date. The only suggestions of presentment appearing in the record include: (1) a statement in the motions for new trial that “THE DEFENDANT HEREBY PRESENTS THIS MOTION TO THIS HONORABLE COURT”; and (2) several ...
); Owens v. State, 832 S.W.2d 109, 111-12
2
1,201
[ "Complete the following excerpt from a US court opinion:\nCraig v. United States, 523 A.2d 567, 568 (D.C.1987) (citing Ball, supra, 429 A.2d at 1360). The maximum penalties for the three offenses of which Hicks was convicted are as follows: Accordingly, contrary to Hicks’ contention, AWIS cannot be a “greater” offe...
). Citing Brake v. United States, 494 A.2d 646,
1
1,202
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nIn re Gearheart, No. 07-70232, 2007 WL 4463342 (Bankr.E.D.Ky. Dec. 14, 2007); In re Logan, No. 07-70212, 2007 WL 4414784 (Bankr.E.D.Ky. Dec. 14, 2007); In re Fuller, No. 07-81703, 2007 WL 3244113 (Bankr.M.D.N.C. Nov. 2, 2007); In re Oliveira,...
), rev’d, In re Shepherd, 381 B.R. 675
0
1,203
[ "Provide the missing portion of the US court opinion excerpt:\nat a residence in Carroll County by officers of the 24th Judicial District Drug Task Force and the Carroll County Sheriffs Department. The appellant, although not the “target” of the search, was at the residence during its execution and was detained by ...
). The State provided the court with several
3
1,204
[ "In the provided excerpt from a US court opinion, insert the missing content:\non the basis of sex is the sine qua non of a Title IX sexual harassment case.” Id. In the context of a Title IX sexual-harassment claim, “the plaintiff ‘must always' prove that the conduct at issue was not merely tinged with offensive se...
); Andrews v. City of Phila., 895 F.2d 1469,
2
1,205
[ "In the context of a US court opinion, complete the following excerpt:\ncourt made individualized determinations for each defendant, this argument overlooks the fact that the court neglected to identify the particular evidence presented at trial and at the sentencing hearing that led it to find Orlando accountable ...
); cf. United States v. Wilson, 168 F.3d 916,
0
1,206
[ "Fill in the gap in the following US court opinion excerpt:\nthe trial court erred when it failed to invoke the equitable principle of “subrogation” and declare that, to the extent MECO pays Subcontractors, either voluntarily or involutarily, MECO should be entitled to the security held by Subcontractors, mainly, t...
). MECO then cites Cole v. Morris, 409 S.W.2d
3
1,207
[ "In the context of a US court opinion, complete the following excerpt:\ncourts routinely dismiss appeals from Rule 736 foreclosure orders for lack of jurisdiction, citing Rule 736.8(c). See, e.g., Wood v. 21st Century Mortg. Corp., No. 05-14-01467-CV, 2015 WL 3866634, at *1 (Tex. App.—Dallas Jun. 23, 2015, no pet.)...
). Rule 736.8(c) makes clear that “[a]ny
0
1,208
[ "Provide the missing portion of the US court opinion excerpt:\nutilizing a governmental entity for either establishing or dissolving the status-based relationship. See, e.g., U.S. v. Kras, 409 U.S. 434, 444-445, 93 S.Ct. 631, 34 L.Ed.2d 626 (1973) (''The denial of access to the judicial forum in Boddie [Boddie v. C...
). Of course, a state may possess interests that
4
1,209
[ "Fill in the gap in the following US court opinion excerpt:\nof 1988 Act No. 305, § 1. The 1988 version provided an exemption for “cash surrender value of life insurance in the aggregate amount of not more than fifty thousand dollars.” In 1993, the General Assembly enacted the current version of S.C.Code Ann. § 38-...
); In re Henderson, 167 B.R. 67, 73
0
1,210
[ "Your objective is to fill in the blank in the US court opinion excerpt:\n313-14, 94 S.Ct. 1105. Conversely, there was nothing deceptive about Moody’s testimony regarding his juvenile adjudication or encounters with law-enforcement officials. On direct examination, Moody explained that his earlier statement to Dete...
) (emphasis added); Roland v. State, 501 N.E.2d
3
1,211
[ "In the context of a US court opinion, complete the following excerpt:\nnecessary to operate as [an] MGA under Florida law.” WAG, however, not FLA (or other similarly situated third parties), was the primary and direct beneficiary of the policy. Thus, as a matter of law, TAIC is not liable to FLA for any informatio...
). Moreover, the expert’s opinions that a
4
1,212
[ "Complete the following passage from a US court opinion:\na claim for relief and that no exceptions to this obligation would seemingly be authorized. In Borger v. Eighth Judicial Dist. Court, the Nevada Supreme Court, albeit in dicta, concluded “NRS 41A.071 clearly mandates dismissal, without leave to amend, for co...
); Fierle v. Perez, 125 Nev. 728, 219 P.3d 906,
1
1,213
[ "Your challenge is to complete the excerpt from a US court opinion:\nunder the policy. Thus, the provision would only be upheld under KRS § 304.14-370 if it gave the party one year from the date of denial to sue. Unfor al limitation provisions under the parameters set by KRS § 304.14-370. However, these cases provi...
). These decisions will be analyzed in detail
1
1,214
[ "In the context of a US court opinion, complete the following excerpt:\nrelief from judgment pursuant to rule 1.540(b)(1), (2), or (3). In support of its argument that the foreclosure judgment is void, Sterling cites Shields v. Flinn, 528 So.2d 967 (Fla. 3d DCA 1988). In Shields, the Third District declared a judgm...
). These Third District cases, however, predate
4
1,215
[ "Your task is to complete the following excerpt from a US court opinion:\nunder 28 U.S.C. § 2241. See, Miranda v. Reno, 238 F.3d 1156, 1158 (9th Cir.2001); Sheikh v. Chertoff, No. C 03-05604, 2006 WL 463506, 2006 U.S. Dist. LEXIS 10110 (N.D.Cal. Feb. 23, 2006). Federal courts lack jurisdiction to grant habeas relie...
); Khotesouvan v. Morones, 386 F.3d 1298, 1299
2
1,216
[ "In the context of a US court opinion, complete the following excerpt:\nstatutes where possible and the legislative history of the Whistleblower Law. For the foregoing reasons, we conclude that claims brought under the Whistle- blower Law are torts subject to the OTCA and that whistleblower remedies are not directl...
). “The district court abuses its discretion
0
1,217
[ "Complete the following passage from a US court opinion:\nof the statute of limitations in and of itself cannot operate to 'extinguish’ a tortfeasor’s liability\"-because \"it is subject to certain counter-assertions, such as waiver, tolling, and estoppel.”); cf. Zando, 182 W.Va. at 603, 390 S.E.2d at 802 (“The tou...
); Brockman Mobile Home Sales v. Lee, 98 Idaho
0
1,218
[ "Your task is to complete the following excerpt from a US court opinion:\nfear of cancer were not authorized. See. id. 674 A.2d at 239-40. There are two ways to analyze the phenomenon of exposure-only causes of action. First is the monolithic view — i.e., that there is only a single cause of action based on exposur...
); Capital Holding Corp. v. Bailey, 873 S.W.2d
3
1,219
[ "Provide the missing portion of the US court opinion excerpt:\n859 F.2d 434, 436 (6th Cir.1988). When considering a motion to dismiss, a court must construe the complaint in the light most favorable to the plaintiff and accept well-pleaded facts as true. Columbia Natural Resources Inc. v. Tatum, 58 F.3d 1101, 1109 ...
). Federal Rule of Civil Procedure 12(b)
0
1,220
[ "In the provided excerpt from a US court opinion, insert the missing content:\nmoves into the realm of res judicata.”). The doctrine of issue preclusion “comes into play when an issue involved in a prior decision is the same issue involved in a subsequent action.” See Mabry v. State Bd. of Community Colleges & Occu...
); Turshen v. Chapman, 823 F.2d 836, 839 (4th
1
1,221
[ "In the context of a US court opinion, complete the following excerpt:\nof burglary, arson, extortion, and the use of explosives in § 924(e)(2)(B)(ii) limit that part of the definition to crimes against property. As noted above, that argument is inconsistent with the plain language of the statute. It is also contra...
). Our conclusion in Mobley was based in part on
3
1,222
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nis binding on all municipalities. It is undisputed that Do-Wop’s facility is within 1,000 feet of a residential zone. Do-Wop contends that because the Legislature made its facility non-compliant, it is entitled to protection under the MLUL, N...
). As we observed two years ago, “N.J.S.A.
4
1,223
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nSee McClintic v. McClintic, 39 A.3d 1274, 1279 n. 2 (D.C.2012) (\"[S]ince the District of Columbia derives its common law from Maryland, decisions of the Court of Appeals of Maryland on questions that have not been determined by [this court] ...
); Brown, 364 A.2d at 30 ("There are a few
3
1,224
[ "Fill in the gap in the following US court opinion excerpt:\nresulting from any pretrial motion, from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of, such motion.” 18 U.S.C. § 3161(h)(1)(D). The government’s interpretation of Bloate’s waiver — “a motion for leave t...
). Second, the district court treated the waiver
2
1,225
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nstandard than pleadings drafted by attorneys and will, therefore, be liberally construed.” Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir.1998). The standards that apply to dismissal under Fed.R.Civ.P. 12(b)(6) appl...
). “In order to prevail on a civil rights action
4
1,226
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nconstruing “relatively low” to mean that further increases would “reduce the ion signal.” Thus, the court will construe “relatively low level” and “relatively low value” to mean “the level or value of kinetic energy below the l...
). This is in contrast to the general rule that
3
1,227
[ "Provide the missing portion of the US court opinion excerpt:\narbitration agreement or contract—“whether any agreement between the alleged obligor and obligee was ever concluded”—and expressly reserved ruling on which decision maker was to decide such a challenge. Id. at 444 n. 1, 126 S.Ct. 1204. The Court reaffir...
); Lepisto v. Senior Lifestyle Newport Ltd.
2
1,228
[ "Fill in the gap in the following US court opinion excerpt:\nthe judgment of the Connecticut Supreme Court. 1 Some state constitutions at the time of the founding lacked just compensation clauses and took property even without providing compensation. See Lucas v. South Carolina Coastal Council, 505 U. S. 1003, 1056...
); Gaylord v. Sanitary Dist. of Chicago, 204
4
1,229
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nlegal standard.” (internal quotation marks and citations omitted)); Constanza v. Holder, 647 F.3d 749, 754 (8th Cir.2011) (same); Saintha v. Mukasey, 516 F.3d 243, 249-51 (4th Cir.2008) (finding that because alien was removable...
); Lemus-Galvan v. Mukasey, 518 F.3d 1081,
2
1,230
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nstandards, the decision whether to submit lesser offense instructions is not a decision for the defendant, but rather for defense counsel after consultation with the defendant. Recent cases analyzing the effect of this change have concluded t...
). Additionally, we note that several
1
1,231
[ "Fill in the gap in the following US court opinion excerpt:\nis so excessive that it violates due process can involve consideration of whether the punitive damages award exceeded the amount necessary to accomplish the goals of punishment and deterrence. Murray v. Laborers Union Local No. 324, 55 F.3d 1445, 1453 (9t...
). Moreover, in a post-BMW case, the Ninth
2
1,232
[ "Provide the missing portion of the US court opinion excerpt:\nWoodruff, 735 F.3d at 449 (emphasis add ed, quotation marks omitted). There is no meaningful distinction between possessing narcotics with intent to “manufacture, deliver or sell,” and possessing them with intent to “manufacture, import, export, distrib...
). Defendant, however, did not object. In fact,
3
1,233
[ "Your task is to complete the following excerpt from a US court opinion:\ndoctrine \"is based on the recognition that EEOC charges frequently are filled out by employees without the benefit of counsel and that their primary purpose is to alert the EEOC to the discrimination that a plaintiff claims he is suffering.”...
). The plaintiff did not file an EEO complaint
2
1,234
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nsuggested in Ruth has remained unanswered for nearly a quarter of a century, and the presumption that such orders are not immediately appealable in this jurisdiction has continued to govern state practice. See, e.g., People v. ...
); Brutcher v. Dist. Court, 195 Colo. 579, 580
0
1,235
[ "In the provided excerpt from a US court opinion, insert the missing content:\n$2500 fine, noting that “the penalty is particularly needed because of the perjury that I’ve been alluding to.” ¶ 5. On appeal, defendant argues that the trial court erred by basing her sentence, without advance notice, on her suborning ...
); State v. Noyes, 157 Vt. 114, 119, 596 A.2d
3
1,236
[ "Your challenge is to complete the excerpt from a US court opinion:\nCir.2011). A sentencing court first calculates the applicable Guidelines range and only then does it consider the § 3553(a) factors in making an “individualized assessment based on the facts presented.” Gall v. United States, 552 U.S. 38, 50, 128 ...
); United States v. Oliver, 20 F.3d 415, 418-19
0
1,237
[ "Your task is to complete the following excerpt from a US court opinion:\nto Virginia jurisdiction, but also more than passingly familiar with the Commonwealth’s court system. (Dkt. No. 45 ¶ 7.) Furthermore, the parameters of United’s own contract with the decedents stipulate that, upon issuance of a ticket, United...
). Because United engaged in long-term business
4
1,238
[ "Your objective is to fill in the blank in the US court opinion excerpt:\n“arbitrary and unjustified” without precise figures to draw upon. However, the New Mexico statutes provide a default interest rate that allows “private lenders to charge interest on money debts at the legal rate where the contract is silent o...
). The default rate under Section 56-8-3 is
0
1,239
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nthe plaintiff. [Cit.]” Kitfield v. Henderson, Black & Greene, 231 Ga. App. 130, 135 (6) (498 SE2d 537) (1998). A claim for intentional infliction of emotional distress will not succeed where the defendant uttered “mere insults, indignities, t...
). In the instant case, the evidence
3
1,240
[ "In the provided excerpt from a US court opinion, insert the missing content:\nto carry out the agent’s express powers.” (citation omitted)). The authority to sell Philadelphia insurance, subject to Philadelphia’s ultimate approval, would not also impliedly include the ability of Wortham to accept notice of a claim...
)- Thus, implied authority did not exist for
2
1,241
[ "In the provided excerpt from a US court opinion, insert the missing content:\nat the time they sought the warrants. Such a claim, however, is foreclosed by the Supreme Court's decision in Horton v. California. See 496 U.S. at 138-42, 110 S.Ct. at 2308-11 (upholding the seizure of weapons used in an armed robbery, ...
); Brown, 460 U.S. at 733, 742-43, 103 S.Ct. at
2
1,242
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nBrungardt objected to Teague’s investigation of Wess Jones because this evidence is hearsay, irrelevant, and prejudicial. The complaints of irrelevance and prejudice are waived because they were not raised at trial. See Tex.R.App. P. 33.1(a)....
); McEwen v. Wal-Mart Stores, Inc., 975 S.W.2d
2
1,243
[ "In the provided excerpt from a US court opinion, insert the missing content:\n211, 213 (1979). The duty to defend is broader than the duty to indemnify because the duty to defend is triggered by arguable, as opposed to actual, coverage. See Newhouse v. Citizens Sec. Mut. Ins. Co., 176 Wis.2d 824, 834-35, 501 N.W.2...
); Patrick v. Head of Lakes Cooperative Electric
0
1,244
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nin granting summary judgment in favor of the Newmont Defendants. Defendants also fail to establish that Plaintiffs could not have survived a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), nor do they present certain facts w...
). This Court notes, however, that several
3
1,245
[ "Provide the missing portion of the US court opinion excerpt:\ncrime of violence under the elements clause. As a result, there is no need to reach the constitutionality of Section 924(c)(3)(B)’s residual clause. See Ashwander v. Tennessee Valley Auth., 297 U.S. 288, 347, 56 S.Ct. 466, 80 L.Ed. 688 (1936) (Brandeis,...
); United States v. Butler, 496 Fed.Appx. 158,
1
1,246
[ "Please fill in the missing part of the US court opinion excerpt:\ncause of action for breach of fiduciary duty. 7 . Additionally, the Plaintiffs have failed to allege how the individual Community Defendants actions, by themselves, caused their injuries. Plaintiffs' quarrel lies with Community and Business Council'...
). Although the Plaintiffs have submitted an 87
4
1,247
[ "In the context of a US court opinion, complete the following excerpt:\nthat issue shortly, but we turn first to the issue of whether the contract provision at issue was sufficiently clear to absolve the Yacht Club of liability for its own negligence, for it is universally agreed that exculpatory clauses, whether f...
). A. Is the Exculpatory Clause Sufficiently
0
1,248
[ "In the context of a US court opinion, complete the following excerpt:\nsuspension period is extended, and the Commission has failed to make its final determination within 150 days from the proposed effective date of the change, the utility may put a changed interim rate into effect to cover the remainder of the su...
); but see New England Tel. & Tel. Co. v. Public
2
1,249
[ "Complete the following excerpt from a US court opinion:\n333 F.3d 51, 60 (2d Cir.2003); cf. United States v. Diaz, 176 F.3d 52, 82 (2d Cir.1999). At the time of Wells’s trial, New York courts “regularly employed the 'clear link' standard to review trial court determinations that excluded evidence of third-party cu...
); People v. Brown, 187 A.D.2d 662, 663, 590
0
1,250
[ "Your challenge is to complete the excerpt from a US court opinion:\nit construed the claim. The court will address these arguments in turn, and then will turn to whether there was substantial evidence presented at trial to support the jury’s verdict. The court finds Honeywell’s argument that Sundstrand’s evidence ...
). Specifically, before making this statement,
0
1,251
[ "In the context of a US court opinion, complete the following excerpt:\nrecord provides independent support for the enhancement, we need not determine whether Judge Russell erred by failing to bring forward evidence to substantiate his exchange with Judge Friot. Under plain error review, the defendant bears the bur...
) (citation and internal quotation marks
1
1,252
[ "Provide the missing portion of the US court opinion excerpt:\nplan, indicating no intention to repay any of his debtors. (Bankr.Ct. D.I. 82, at 7.) Failure to propose repayment to any of his creditors was a failure to submit a confirmable plan. Furthermore, Mr. Dye will not be given another chance in this court to...
). Unmistakable manifestations of bad faith need
0
1,253
[ "Complete the following passage from a US court opinion:\njurisdiction, the case shall be remanded.”). It is not clear to the court that there is any basis for subject matter jurisdiction over plaintiffs declaratory judgment action. Of the nine defendants named in the complaint, four are citizens of Virginia. Plain...
). When a case is removed from state to federal
2
1,254
[ "In the provided excerpt from a US court opinion, insert the missing content:\nv. Hardy, 293 N.C. 105, 235 S.E.2d 828 (1977). Defendant’s knowledge of specific documents is certainly conceivable because she had access to transcripts from Robert Kelly’s trial that may have disclosed the existence of specific documen...
). Therefore, in the event of a retrial, the
0
1,255
[ "Complete the following excerpt from a US court opinion:\nto consider evidence of Clemons’s IQ when sentencing him to death. Counsel stated that the Supreme Court of the United States' holdings in Tennard and Smith require the circuit court to investigate and find as mitigating any evidence indicating that a capita...
); Ex parte Linnell, 484 So.2d 455, 457
0
1,256
[ "Provide the missing portion of the US court opinion excerpt:\nthe court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate. See 28 U.S.C. § 636(b)(1). However, pursuant to Fed.R.Civ. P. 72(b), “[ajbsent objection by the plaintiffs, the district court had a ri...
); Lewry v. Town of Standish, 984 F.2d 25, 27
4
1,257
[ "In the context of a US court opinion, complete the following excerpt:\nfor ten years and public policy forbids an attack based upon informalities and irregularities in the procedure which led to the adoption of the ordinance, when ... property owners affected by it have conformed to its provisions, and have fixed ...
). See Commonwealth v. Watley, 81 A.3d 108, 117
4
1,258
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nmotion would stand alone for the trial court's consideration. 3 . For example, as with the Holubs’ and HTC's post-abatement summary-judgment pleadings, the Law Firm’s post-abatement, traditional summary-judgment motion sought t...
). 5 . One of our sister courts of appeals has
2
1,259
[ "Please fill in the missing part of the US court opinion excerpt:\nbut he was not charged under that statute. The third superseding indictment sought forfeiture based on other statutes, see 18 U.S.C. § 981(a)(1)(C); 28 U.S.C. § 246, which authorize forfeiture of proceeds from “specified unlawful activity,” includin...
); United States v. Edelkind, 467 F.3d 791, 799
1
1,260
[ "In the provided excerpt from a US court opinion, insert the missing content:\nconcealment rule states that when facts essential to the cause of action are fraudulently concealed, the statute of limitations is tolled until the plaintiff has discovered such facts or could have done so in the exercise of reasonable d...
). Moreover, despite the defendants’ failure to
0
1,261
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nCir.1981). The defendants also argue that the statement was inadmissible because Whitaker did not write it or review it, but “when a statement is the party opponent’s own statement, there is no requirement that the party opponent ‘adopt’ the ...
). See also Essex Ins. Co. v. Fid. Guar. Ins.
1
1,262
[ "Your challenge is to complete the excerpt from a US court opinion:\nuncovered authority that expressly undermines this Court’s decision to employ a presumption of prejudice where an extensive preindictment delay is involved. See Hey, 269 S.E.2d at 394, syl. pt. 2. Our holding in Hey is called into question by the ...
). Firmly rejecting an argument to extend the
3
1,263
[ "Complete the following excerpt from a US court opinion:\nFrancisco public housing, such as the “right” to an entry door fitted with a solid door, would not necessarily exist for residents of Marin County public housing, just across the Golden Gate bridge. While federal courts often apply different state laws to fe...
). Plaintiffs do not allege any affirmative
3
1,264
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nI succeeded in their defenses that the guarantee had expired or that the guarantee was fraudulently induced. We again agree with Tucker. The concept of privity requires an alignment of interests and not an exact identity of par...
). We do not hold, however, that privity exists
1
1,265
[ "Your task is to complete the following excerpt from a US court opinion:\nthe litigation.” MBI Grp., Inc. v. Credit Fonder Du Cameroun, 616 F.3d 568, 571 (D.C.Cir.2010) (emphases added). “A court first determines whether there is an adequate alternative forum and, if so, then proceeds to balance both private intere...
); Rasoulzadeh v. Associated Press, 574 F.Supp.
2
1,266
[ "Your challenge is to complete the excerpt from a US court opinion:\nNoerr-Pennington Doctrine. Alternatively, Markwell claims that his alleged action is immunized based on the Noerr-Pennington doctrine. See Def. Mot. to Dismiss (d/e 14) at 15. The Noerr-Pennington doctrine provides that “parties may petition the g...
). In doing so, the court recognized that public
2
1,267
[ "Complete the following passage from a US court opinion:\ncredits. Stated another way, the ALC may not summarily decline to hear an inmate appeal solely on the ground that it involves the loss of the opportunity to earn-sentence related credits. Turning to the facts of the instant case, the ALC should not have summ...
). However, for reasons that will be discussed,
2
1,268
[ "Fill in the gap in the following US court opinion excerpt:\nreferences to a group such as “the Kingston Polygamist Family” might reasonably be understood to refer to an individual surnamed Kingston. See Fenstermaker, 43 P. at 114 (allowing head of a family to maintain an action for defamation where defamatory stat...
), cert. denied, 376 U.S. 513, 84 S.Ct. 964, 11
0
1,269
[ "Complete the following excerpt from a US court opinion:\ninterested adult. See Colo.Rev.Stat. Ann. § 19-2-511; Ind.Code.Ann. § 31-32-5-1; Iowa Code Ann. § 232.11; Miss.Code Ann. § 43-21-311; Mont. Code Ann. § 41-5-331; N.H. Stat. Ann. § 169-B:12; N.D. Cent. Code § 27-20-26; Okla. Stab. Ann. tit. 10 § 7003-3.7; Tex...
); Lewis v. State, 259 Ind. 431, 288 N.E.2d 138
0
1,270
[ "Please fill in the missing part of the US court opinion excerpt:\nwhen he had been sentenced two years prior to Portillo. Thus, the court omitted that portion of the judgment requiring payment “jointly and severally with Isidro Silva Rubio (Case No. 2:96-cr-33).” Second, the court discovered that it had erred by o...
); United States v. Werber, 51 F.3d 342, 347 (2d
2
1,271
[ "Please fill in the missing part of the US court opinion excerpt:\nCURIAM. Affirmed. See Adams v. State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 89313 as amended by section 893101 florida statutes 2002 is constitutional", "Please fill in the missing part of the US court opinion excerpt:\nCURIAM. Aff...
); accord Little v. State, 77 So.3d 722 (Fla. 3d
0
1,272
[ "Fill in the gap in the following US court opinion excerpt:\nbe believed.” Id. at 365, 111 S.Ct. 1859. “Credibility can be measured by, among other factors, the prosecutor’s demeanor; by how reasonable, or how improbable, the explanations are; and by whether the proffered rationale has some basis in accepted trial ...
); Johnson v. Vasquez, 3 F.3d 1327, 1331 (9th
2
1,273
[ "In the provided excerpt from a US court opinion, insert the missing content:\nmade for the benefit prior to the execution of the settlement agreement. Hence, Comiskey’s waiver of future medical and rehabilitation workmen’s compensation benefits precludes his recovery of the claim he asserts here.” Id. In this case...
). Accordingly, summary judgment on Plaintiffs
4
1,274
[ "Complete the following passage from a US court opinion:\nthe Supreme Court broadly held that in admiralty cases, the general rule is that “a tort to the person or property of one man does not make the tortfeasor liable to another merely because the injured person was under a contract with that other, unknown to th...
); Adders Int’l (Ships) Ltd. v. United States,
0
1,275
[ "Provide the missing portion of the US court opinion excerpt:\ndetermining whether a private right of action for damages can be imphed under the Texas Constitution. We hold there is no impUed private right of action for damages arising under the free speech and free assembly sections of the Texas Constitution. Init...
); Phillips v. Youth Dev. Program, Inc., 390
3
1,276
[ "Complete the following passage from a US court opinion:\nto include the University of Notre Dame. Criminal statutes are strictly construed; “they may not be enlarged beyond the fair meaning of the language used.” Pridgeon v. State, 569 N.E.2d 722, 723 (Ind.Ct.App.1991). The fair meaning of the word “school” does n...
). We conclude that, within the meaning of our
1
1,277
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\n144 L.Ed.2d 450 (1999) (requiring that a person be presently- — -not potentially or hypothetically- — substantially limited in order to demonstrate a disability). “Mere 249 F.3d 557, 562 (6th Cir.2001) (“A person is ‘disabled’ ...
). Rather, the critical question before the
2
1,278
[ "Your challenge is to complete the excerpt from a US court opinion:\nfalse. Ebeid ex rel. United States v. Lungwitz, 616 F.3d 993, 998 (9th Cir. 2010) (quoting Vess, 317 F.3d at 1106). “[M]ere conclusory allegations of fraud are insufficient.” Wool v. Tandem Computers Inc., 818 F.2d 1433, 1439 (9th Cir. 1987), over...
). We recognize other portions of the complaint
3
1,279
[ "In the context of a US court opinion, complete the following excerpt:\ndisabled to the extent he would not be able to function in prison or in the population upon release without control of his delusional disorder.” Citing United States v. McAllister, 969 F.Supp. 1200, 1207-08 (D.Minn.1997), Green argues that “[i]...
). The Supreme Court has explained that an
2
1,280
[ "Please fill in the missing part of the US court opinion excerpt:\nthat the summonses were issued as part of a criminal investigation against plaintiff, and Manzur’s declaration confirms this. See Compl. ¶ 4; Manzur Decl. ¶¶ 3-5. Therefore, defendants were not required to provide advance notice of the summonses to ...
), aff'd, 275 Fed.Appx. 221 (4th Cir.2008) (per
2
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[ "Your task is to complete the following excerpt from a US court opinion:\ninstance to the trial court and, therefore, is not preserved for appellate review. In any case, because we have vacated the award of punitive damages, the issue is now moot. AFFIRMED IN PART AND REVERSED IN PART. HEARN, C.J., and CONNOR, J, c...
); cf. 11 S.C. Juris. Damages §§ 47, 70 (1992)
2
1,282
[ "Please fill in the missing part of the US court opinion excerpt:\nliable for this deprivation of Gross’ constitutional rights. “Liability may be imposed under § 1983 upon one who has a duty to act to prevent a deprivation of another’s constitutional rights, and who fails to do so in reckless disregard of the other...
). The plaintiffs allege that the defendant
2
1,283
[ "Complete the following passage from a US court opinion:\nof violence to the person (great weight), see § 921.141(5)(b), Fla. Stat. (2003); (2) Reynolds committed the murder while engaged in or an accomplice in the commission of or an attempt to commit any burglary (great weight), see § 921.141(5)(d), Fla. Stat. (2...
); Mansfield v. State, 758 So.2d 636, 647
2
1,284
[ "In the context of a US court opinion, complete the following excerpt:\nCalifornia state prisoner Thomas Hen-nagan, Jr. appeals pro se the magistrate judge’s order denying his motion for appointment of counsel in his civil rights action brought under 42 U.S.C. § 1988. We dismiss this appeal for lack of jurisdiction...
). All pending motions are denied as moot.
2
1,285
[ "In the context of a US court opinion, complete the following excerpt:\nclear error in this factual finding. The district court accordingly determined that Agent Woodruffs additional questioning of Chacon and Carrillo was not objectively reasonable because it did not conform to the justifying purpose of the stop—de...
). The district court’s legal determination,
2
1,286
[ "Complete the following passage from a US court opinion:\nBecause Hobson failed to object to the question on redirect, he has waived any potential error on appeal. Carr v. State, 655 So.2d 824, 853 (Miss.1995). ¶ 15. It is true that a party cannot open the door to admission of hearsay evidence. Murphy v. State, 453...
). We find no error resulting from the admission
0
1,287
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nfor the “prevailing competitive price” for glass repair based upon “prices charged by a substantial number of repair facilities in the area * ⅜ * as determined by a survey.” Because Glass Service’s prices typically exceed what ...
). Moreover, State Farm’s representations to its
1
1,288
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nto the FDIC’s assignee, a bridge bank), cert. denied sub nom. Rogers v. FDIC, 498 U.S. 1083, 111 S.Ct. 954, 112 L.Ed.2d 1042 (1991); Porras v. Petroplex Sav. Ass’n, 903 F.2d 379, 381 (5th Cir.1990) (extending the D’Oench doctrine’s protection...
), cert. denied, — U.S. -, 115 S.Ct. 725, 130
3
1,289
[ "In the provided excerpt from a US court opinion, insert the missing content:\nsentences for multiple offenses ran concurrently. United States v. Martin, 526 F.3d 926, 940 (6th Cir.2008). Alexis’s three drug offenses meet the first and second Hill tests. Fifteen days separated the first and second offenses, and ten...
). Because Alexis was convicted of illegally
4
1,290
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\n645, 92 S.Ct. 1208, 31 L.Ed.2d 551 uent to the events alleged here. Further, in deciding Croft, the Third Circuit appears to break new ground rather than rely on firmly established constitutional principles; the Croft court cit...
). Prior to Croft, there were no clearly
2
1,291
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\n748 S.W.2d 541, 542 (Tex.App.— Houston [1st Dist.] 1988, writ denied). The question presented is whether Mrs. Domel’s affidavit raises an issue of material fact as to whether the tributary is a watercourse. We believe it does n...
); Texas Co. v. Burkett, 117 Tex. 16, 296 S.W.
3
1,292
[ "Provide the missing portion of the US court opinion excerpt:\nthe EPA itself takes the position that an RCRA citizen suit may be brought after a state has received authorization to operate its program in lieu of the federal program: “[ujnder RCRA, Section 7002, any person may commence a civil action on his own beh...
); Murray v. Bath Iron Works Corp., 867 F.Supp.
0
1,293
[ "Your challenge is to complete the excerpt from a US court opinion:\nis not the type of oppositional activity covered by Title VII because Bevels was not engaged in an unlawful employment practice. As explained earlier, her alleged inquiry was neither a sexual demand nor sexual harassment. To come within the opposi...
); Trent v. Valley Elec. Ass’n Inc., 41 F.3d
4
1,294
[ "Complete the following excerpt from a US court opinion:\n139 L.Ed.2d 300 (1997).’ “Samra v. State, 771 So.2d 1108, 1112 (Ala.Crim.App.1999). “No doubt that with additional time and money Brunson and McKinnon could have done soniething more or different. The same could be said after any trial where a capital defend...
). “Based on this Court’s review of the record
0
1,295
[ "In the provided excerpt from a US court opinion, insert the missing content:\nperiod normally was limited to the current fiscal year or legislative session, rarely reaching back more than a year. Though the time period of retroactivity is particularly long here, such a concern is in part offset by the failure of t...
). For example, when goods become the subject of
1
1,296
[ "Fill in the gap in the following US court opinion excerpt:\nthat FHLMC is a United States agency fo onsequential] damages are in the nature of expectancy damages: they place [plaintiff] in the position it claims it would have been had the promises been kept. Such damages are not recoverable through promissory esto...
). 26 . See Fed.R.Civ.P. 36(a)(3) ("A matter is
1
1,297
[ "Complete the following excerpt from a US court opinion:\n108. 61 . We believe the instant case is one of these cases. 62 . See Wallace, 106 S.W.3d at 108. 63 . See McIntire, 698 S.W.2d at 658. 64 . Bahm, 219 S.W.3d at 396 (\"While the court of appeals used the words 'reasonable grounds,’ its emphasis on proof in i...
). 68 . See id. 69 . The instant case was
4
1,298
[ "In the context of a US court opinion, complete the following excerpt:\nof the items” does not permit the conclusion that the court gave little or no consideration to the erroneously admitted evidence of the perjury conviction in determining what weight to give the testimony of LeBray. The court could have attribut...
); Lane, 474 U.S. at 450, 106 S.Ct. at 732, 88
0
1,299
[ "Provide the missing portion of the US court opinion excerpt:\nBankruptcy Procedure 4004. Id. at 456-57, 124 S.Ct. 906. Rule 9006 allows extension of the Rule 4004 time limit only to the extent permitted by Rule 4004. When the creditor in Kontrick did raise an objection, the debtor responded by addressing the merit...
); Brickwood Contractors, Inc. v. Datanet Eng’g,
0