id int64 0 3.55k | input_options listlengths 5 5 | output stringlengths 11 48 | gold_index int64 0 4 |
|---|---|---|---|
1,800 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nSee, e.g., In re Tri-State Crematory Lit., 215 F.R.D. 660, 692 (N.D.Ga.2003) (finding predominance requirement satisfied with respect to breach of contract claim); Winkler v. DTE, Inc., 205 F.R.D. 235, 243 (D.Ariz.2001) (rejecting argume... | ). 3. Superiority The requirement that a class | 0 |
1,801 | [
"Complete the following passage from a US court opinion:\nto the issues presented in the original federal litigation. Upon careful review of the complaints submitted in the Saunders cases with the original Canady I complaint, we find no perceivable difference in the issues presented. Each petition alleges that appe... | ). As stated above, this case was brought | 1 |
1,802 | [
"Your challenge is to complete the excerpt from a US court opinion:\nUnited States v. Leachman, 309 F.3d 377, 381-83 (6th Cir.2002); United States v. Burns, 298 F.3d 523, 544 (6th Cir.2002). Thus, in the present case, where petitioner’s 70-month concurrent sentences fall well below the twenty-year maximum sentence ... | ). The self-serving affidavit filed by Hicks’ | 3 |
1,803 | [
"In the context of a US court opinion, complete the following excerpt:\nnot be sued without consent in its own courts . . . .”). 8 Dempsey v. Bd. of Regents of the Univ. Sys. of Ga., 256 Ga. App. 291, 292 (568 SE2d 154) (2002) (punctuation omitted). 9 It appears from the correspondence that Shuford mailed a check t... | ); Shelnutt v. Ga. Dep’t of Transp., 272 Ga. | 0 |
1,804 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nIn contrast to the previous category, the Court’s conclusion follows not from Weintraub ’s holding, but rather from its rationale. Many of the complaints in this category were explicitly lodged by plaintiffs (sometimes with others) as committ... | ), aff'd, 367 Fed.Appx. 178, 2010 WL 605732 (2d | 3 |
1,805 | [
"Provide the missing portion of the US court opinion excerpt:\nwho are alleged to be vicariously liable. The plaintiffs point out, if the first sentence of the exclusion is interpreted to be all-inclusive, the second sentence is superfluous. In light of the insurer’s duty to define “exclusionary clauses in clear an... | ). To the contrary, the second sentence confirms | 0 |
1,806 | [
"Provide the missing portion of the US court opinion excerpt:\nAlthough we do not view each contact in isolation, occasional travel to Texas is insufficient by itself to establish general jurisdiction. Waterman Steamship Corp. v. Ruiz, 355 S.W.3d 387, 410 (Tex.App.-Houston [1st Dist.] 2011, pet. denied) (citing Hel... | ). The appellants did not make any allegation | 4 |
1,807 | [
"Your task is to complete the following excerpt from a US court opinion:\n(N. D.Cal.2000) (citing Argument in Favor of Proposition 4 by Earl Warren, District Attorney of Alameda County, 1934 General Election Ballot Pamphlet). 5 . The Tenth Circuit has also addressed the authority of the states to execute search war... | ). 6 . Our conclusion that the Tribe may bring a | 1 |
1,808 | [
"Your challenge is to complete the excerpt from a US court opinion:\nAnd under today’s decision, States may of course collect the sales tax from cigarette wholesalers, either by seizing unstamped cigarettes off the reservation, or by assessing wholesalers who supplied unstamped cigarettes to the tribal stores. Stat... | ); New York ex rel. Ray v. Martin, 326 U.S. 496, | 1 |
1,809 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nof the issue to the arbitrator to determine his authority.” John Morrell & Co. v. Local Union 304A of the United Food & Commercial Workers, 913 F.2d 544, 561 (8th Cir.1990) (internal quotation and citation omitted). Here, Henderson stray... | ). CONCLUSION Accordingly, IT IS HEREBY ORDERED | 2 |
1,810 | [
"Complete the following passage from a US court opinion:\nThe continuing violation doctrine “extends the limitations period for all claims of discriminatory acts committed under an ongoing policy of discrimination even if those acts, standing alone, would have been barred by the statute of limitations.” Quinn v. Gr... | ). In addition, it is well-settled in the Second | 4 |
1,811 | [
"Complete the following excerpt from a US court opinion:\nin isolation from each other does not take into account the ‘totality of the circumstances,’ as our cases have understood that phrase. The court appeared to believe that each observation by [the arresting officer] that was by itself readily susceptible to an... | ).” United States v. Arvizu, 534 U.S. 266, | 4 |
1,812 | [
"Complete the following excerpt from a US court opinion:\nerror. Finally counsel points out that the court failed explicitly to tell Hanson that he was waiving his right to trial by pleading guilty. See Fed.R.Crim.P. 11(b)(1)(F) (formerly Fed.R.Crim.P. 11(c)(4)). The court misspoke and asked Hanson if he understood... | ); United States v. Franklin, 302 F.3d 722 (7th | 4 |
1,813 | [
"Complete the following passage from a US court opinion:\nthe right to appear personally at sentencing and testify. Section 557.041.2 states: At the time of sentencing of any person who has pled guilty or been found guilty of a felony offense, the victim of such offense may appear before the court personally or by ... | ). The statute does not restrict or modify the | 3 |
1,814 | [
"Provide the missing portion of the US court opinion excerpt:\nJessica Carolina Lopez-Castro, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, an... | )). We also reject Lopez-Castro’s contention | 4 |
1,815 | [
"Provide the missing portion of the US court opinion excerpt:\nstatements about ‘possible’ effects and ‘some risk’ do not constitute a ‘hard look’ absent a justification regarding why more definitive information could not be provided.” Id. at 1380. In the present case, plaintiffs allege that insofar as they relate ... | ); Nucleus of Chi. Homeowners Ass’n v. Lynn, 524 | 4 |
1,816 | [
"In the context of a US court opinion, complete the following excerpt:\nmotion for summary judgment and determined that the instant lawsuit and the two preceding lawsuits, in 2 ent allegations — that she was improperly evicted, that Lennar filed a fraudulent IRS form 1099, and that the clerk of the court made an er... | ). Finally, because the defendants were sued in | 2 |
1,817 | [
"Fill in the gap in the following US court opinion excerpt:\nunskilled labor to local companies for short-term assistance.” Smith v. Employers’ Overload Co., 314 N.W.2d 220, 222 (Minn.1981). Courts rely on contract principles to determine the nature of the employment relationship. Id. at 222-23. The duration of emp... | ); Mbong v. New Horizons Nursing, 608 N.W.2d | 2 |
1,818 | [
"Please fill in the missing part of the US court opinion excerpt:\nMountain Hosp. & Med. Services Co., 754 P.2d 1180, 1182 (Colo.App.1988); St. Francis Regional Med. Center v. Blue Cross Blue Shield of Kansas, 810 F.Supp. 1209 (D.Kan.1992); Institute of Living v. Blue Cross & Blue Shield, No. CV-90-0382398S, 1991 W... | ); Washington Hosp. Center Corp. v. Group | 3 |
1,819 | [
"Complete the following passage from a US court opinion:\nwork commenced before the effective date of its registration; or (2) any infringement of copyright commenced after first publication of the work and before the effective date of its registration, unless the registration is made within three months after firs... | ). OxBlue does not dispute that it is not | 1 |
1,820 | [
"Provide the missing portion of the US court opinion excerpt:\nto establish its consideration of a legal issue”). Like the Eighth Circuit, we do not believe that a district court errs when it fails “to explain a revocation sentence that is consistent with all applicable policy statements.” United States v. Caves, 7... | ). We find that those obligations existed | 1 |
1,821 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nJohn Shannon, a Nevada state prisoner, appeals pro se the district court’s judgment for the defendants in his 42 U.S.C. § 1983 action alleging prison officials violated his constitutional rights by, inter alia, withholding his personal proper... | ); Perez v. Seevers, 869 F.2d 425, 426 (9th | 4 |
1,822 | [
"Complete the following passage from a US court opinion:\nexpert witness, testified that the existence of an annual renewable employment agreement between the Foundation and D’Unger was consistent with generally accepted accounting practices and corporate governance standards regarding how corporate officers are em... | ). D’Unger was required to present probative | 1 |
1,823 | [
"Provide the missing portion of the US court opinion excerpt:\narrest matched an exemplar print of Haward’s left index finger. Haward cross-examined Officer Knapp but did not offer a fingerprint expert of his own. The jury ultimately found Haward guilty of one count of possession of a firearm by a felon. In this co... | ). Therefore, the idea that fingerprint | 4 |
1,824 | [
"In the provided excerpt from a US court opinion, insert the missing content:\ncontends was exceeded by the restitution order. Section 3663A(b)(l)(B) of Title 18 authorizes the district court to impose a restitution order for “an amount equal to the greater of the value of the property on the date of ... loss ... o... | ). Moreover, Bearden was potentially subject to | 4 |
1,825 | [
"In the context of a US court opinion, complete the following excerpt:\nevidence that the application has been filed within 1 year after the date of the alien’s arrival in the United States.” INA § 208(a)(2)(B), 8 U.S.C. § 1158(a)(2)(B). An application filed after one year may also be considered “if the alien demon... | ). This jurisdiction stripping provision remains | 1 |
1,826 | [
"Please fill in the missing part of the US court opinion excerpt:\ndepend on adequate levels of cyclic and preventative maintenance and repair, which are also essential to protect the extensive capital investment [of NPS] in the physical facility constituted by park roads, parkways and bridges. Consequently, park r... | ). As set forth above, Plaintiffs’ theory of | 1 |
1,827 | [
"Please fill in the missing part of the US court opinion excerpt:\nnote, except for appurtenant rights, water interests are separate from real estate surface interest. See Hydro Res. Corp., 2007-NMSC-061, ¶ 17. We see no reason why this concept does not apply to the inchoate interest the parties were dealing in her... | ); see also New Mercer Ditch Co. v. Armstrong, | 1 |
1,828 | [
"In the context of a US court opinion, complete the following excerpt:\nfactor is to ensure that a prisoner’s rights are infringed upon to the least possible degree, without compromising the asserted goal of restricting him. See id. at 90-91, 107 S.Ct. 2254. Were less restrictive alternatives available in this case... | ). . As Judge Martin said in placing the | 4 |
1,829 | [
"Fill in the gap in the following US court opinion excerpt:\nby Ford Elliot, J.), citing Senate Legislative Journal, No. 13, 172nd General Assembly, Volume I, at 1780, 1784, and 1786 (February 23, 1988). See also House Legislative Journal, No. 16, 172nd General Assembly, Volume I, at 357, 363, 373 and 374 (March 16... | ). Additionally, the statute is not applied | 2 |
1,830 | [
"Your challenge is to complete the excerpt from a US court opinion:\nbuy. Agent Snedeker and Pope discussed in detail the location of the drug buy, the price, the quantity, and the availability of drugs for future purchase. Considering these factors, the statements made by Pope to Agent Snedeker were not testimonia... | ); see also United States v. Canady, 139 | 0 |
1,831 | [
"In the context of a US court opinion, complete the following excerpt:\nfind, as we did in DiCicco, that Respondent’s conduct frustrated the purpose of MRPC 1.15(a) and in so doing violated the rule. Similarly, in using his Attorney Trust Account to pay personal and business debts, Respondent violated Md. Rule 16-6... | ). Mr. Clarke had a child support obligation, | 4 |
1,832 | [
"Provide the missing portion of the US court opinion excerpt:\nthe burden of proof to the parents, but for a different reason. According to these circuits, because the statute relies on the expertise of education professionals in local school systems, their decisions about the substantive terms of an IEP are owed d... | )). Three other circuits, the Second, Eighth, | 4 |
1,833 | [
"In the provided excerpt from a US court opinion, insert the missing content:\n321 S.W.3d at 682. A. Citizenship and Immigration Status As noted above, appellant’s citizenship status is not in dispute. The record reflects, and the State acknowledges, that appellant is not a United States citizen. B. Knowledge of Im... | ). We do not have a silent record. As explained | 1 |
1,834 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nApp 8, 288 Wis. 2d 804, 709 N.W.2d 497, the defendant bears a heavy burden in attempting to convince a reviewing court to set aside a jury's verdict on insufficiency of the evidence grounds. Id., ¶ 22 (citing State v. Allbaugh, 148 Wis. 2d 80... | ); State v. Tee & Bee, Inc., 229 Wis. 2d 446, | 1 |
1,835 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nidentification of Respondent would generally be sufficient to establish probable cause. See Escobedo, 623 F.2d at 1102 (relying on deposition of victim identifying petitioner after being shown a single photograph of petitioner in upholding fi... | ). Here, a witness’s lack of credibility may be | 2 |
1,836 | [
"Fill in the gap in the following US court opinion excerpt:\nL.Ed.2d 360 (1965), we reaffirmed Remington, holding that the government’s failure to advise a defendant of his right to counsel did not give the defendant “a defense to a charge that he thereafter gave false testimony while under oath in response to a ma... | ); Wheel v. Robinson, 34 F.3d 60, 67 (2d | 4 |
1,837 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nor operators” of uninsured or un-derinsured motor vehicles). After liability is established, if the damages exceed the tortfeasor’s liability insurance limits, “the excess is payable by the [plaintiffs] under-insurance carrier to the extent o... | ). In the normal course, a UIM claimant is | 3 |
1,838 | [
"Your task is to complete the following excerpt from a US court opinion:\nin Salinas was not necessary to the resolution of that case and therefore provides no binding authority. See, e.g„ Baumgart v. State, 512 S.W.3d 335, 342 (Tex. Crim. App. 2017) (refusing to treat statement in previous, case as binding authori... | ). That is why I would grant review in this case | 2 |
1,839 | [
"Please fill in the missing part of the US court opinion excerpt:\nTex.Rev.Civ.Stat. Ann. art. 961, the predecessor statute to TexLoc.Gov’t Code Ann. § 6.012, and holding that “two-thirds of the council” means two-thirds of the entire five member council); City of Alamo Heights v. Gerety, 264 S.W.2d 778, 780 (Tex.C... | ); Couch v. City of Fort Worth, 287 S.W.2d 255, | 1 |
1,840 | [
"Please fill in the missing part of the US court opinion excerpt:\nthe LPT Schroeder was a managing director at Morgan Stanley and was among the top ranked property and casualty insurance industry analysts. Tr. 382-83. The team she led regularly advised institutional investors about AIG. Tr. 377, 409. 12 . At the t... | ); United States v. Reyes, No. 06-00556-1, 2007 | 4 |
1,841 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nby September 30, 1994, the loss would be $55,768, and if she returned by March 31, 1995, the economic loss would be $132,752. 11 . A somewhat analogous issue has arisen under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-6... | ); but see Wildman v. Lerner Stores Corp., 771 | 2 |
1,842 | [
"In the context of a US court opinion, complete the following excerpt:\ndid not lack procedural safeguards because she, like the plaintiffs in the instant case, was covered by an agency regulation which promulgated its own elaborate personnel management regulations. Id. Third, it further stated that Fausto held cer... | ). Plaintiffs ask this Court to entertain their | 2 |
1,843 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nin the Schreiner Oaks Society, an honorary organization for substantial Schreiner contributors, all of which overpowered Estha’s mind. Despite these suggested inferences, the beneficiaries offer no evidence that any alleged influence subverte... | ). C. No Execution “But For” the Influence The | 3 |
1,844 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nBoard of Education v. White, 439 U. S. 82, 43 (1978), where we held that a Board of Education rule requiring employees to take unpaid leaves of absence while campaigning for elective political office was a barrier to candidacy ... | ). 24 Only one black candidate filed for | 2 |
1,845 | [
"Complete the following excerpt from a US court opinion:\nin judicial speculation.” Gustafson, 290 F.3d at 909. The court is to examine the record for evidence of potential or actual disruption, but not engage in excessive Monday morning quarterbacking of a police official’s determination that potential disruption ... | ). Typically, this would end the analysis, but | 0 |
1,846 | [
"Your task is to complete the following excerpt from a US court opinion:\nno matter how quickly and ably given, could salvage a fair trial for the defendant.”). Moreover, apparently the only reason the State sought to introduce the prior inconsistent statement was its belief that the jury would be swayed by the sta... | ); State v. Hunt, 324 N.C. 343, 378 S.E.2d 754, | 4 |
1,847 | [
"Provide the missing portion of the US court opinion excerpt:\n23 S.W.3d at 485. A landowner with an easement of access is entitled to compensation through an inverse condemnation claim whenever the access is “materially and substantially impaired.” Heal, 917 S. t in the public alley.” TXDOT asserts that GAR does n... | ). “This right is in effect a private right of | 1 |
1,848 | [
"Provide the missing portion of the US court opinion excerpt:\nwas unable to perform all of the material duties of any occupation for which plaintiff was or might have reasonably become qualified based upon her education, training or experience or that solely due to her arthritis, arthralgia and/or myalgia she was ... | ). There is authority, however, that the burden | 1 |
1,849 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nthe circuit court determines that amending his petition would do substantial justice. See Maryland Rule 4-332(h); See Hunt, 443 Md. at 249-50, 116 A.3d at 483-84 (requiring petitions filed pursuant to Crim. Proc. § 8-301 to, inter alia, compl... | ); see also Maryland Rule 4—332(d)(9). | 0 |
1,850 | [
"Complete the following passage from a US court opinion:\nwith respect to prejudice.’ ” Id. (quoting Olano, 507 U.S. at 734-35, 113 S.Ct. 1770) (second alteration in original). The error at issue in this case is the lack of congruence or consistency between, on the one hand, the crime as charged in the indictment a... | ), petition for cert. filed, No. 01-6398 (Sept. | 2 |
1,851 | [
"Fill in the gap in the following US court opinion excerpt:\nits offer. Notwithstanding this assumption, we do not think the equities of this case warrant an award of attorney fees. A party’s potential liability for attorney fees is intended to motivate the parties to work out their disagreement on fair value and a... | ). In summary, we cannot say as a matter of law | 4 |
1,852 | [
"Your task is to complete the following excerpt from a US court opinion:\n704, 714-15 (9th Cir.1996), reasoned that the defendant had not made a prima facie case of racial discrimination where the prosecutor challenged two African-Americans in the jury pool but where three others remained on the panel. I would hold... | ) with United States v. Kelly, 45 MJ 259 | 2 |
1,853 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nany “person engaged in commerce ... [or] any agent of such person.” 29 U.S.C. § 623(a), § 630(b); 42 U.S.C. § 2000e, § 2000e(b); see Legal Services Corp. of P.R., 932 F.Supp. at 50. Although all three statutes provide that a su... | ). “ ’The statutory scheme of Title VII itself | 0 |
1,854 | [
"Complete the following excerpt from a US court opinion:\n150-51. As just stated, Harry’s directive to transfer King to another Level II institution in order to give the staff a break was facially legitimate. King produced no evidence that Chaffee knew or should have known that he was not actually instigating other... | ). Indeed, Chaffee cannot have known of any | 0 |
1,855 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nbroad clauses have their limits. Because we are concerned only with the dispute before us and its connection with or relation to the several agreements before us, we need not explore these outer limits,”). In PaineWebber, the Fifth Circuit de... | ). Here, the loan and checking account | 2 |
1,856 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nwas admissible. The likelihood that a different result would have been reached (no verdict of death) if a properly worded jury instruction had been given, is remote. Therefore, the harmless error analysis offered by the Warden ... | ); Deutscher v. Whitley, 884 F.2d 1152, 1162 | 2 |
1,857 | [
"Your challenge is to complete the excerpt from a US court opinion:\nthe record and orally agreed to because the hearing was held “at a hotel ... where [they were] without the usual secretarial support available, that is [they had] no word processors. [They had] no typists.” Id. Immediately before asking for the pl... | ). Given the express language of the settlement | 0 |
1,858 | [
"Please fill in the missing part of the US court opinion excerpt:\nprobable cause can exist even without those particular field tests. See Soest v. Dir. of Revenue, 62 S.W.3d 619, 621 (Mo.App. E.D.2001) (“Even if the tests requiring walking and standing are disregarded, the [failed] nystagmus test ... provided furt... | ). Even without the walk-and-turn and | 1 |
1,859 | [
"Complete the following excerpt from a US court opinion:\ncounsel? RYAN, Judge, with whom STUCKY, Judge, joins (dissenting): This Court granted review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals on one issue raised by Appellant: ‘Whether [detailed counsel’s] failure to disclose ... | ), the majority remands the case for additional | 4 |
1,860 | [
"Complete the following excerpt from a US court opinion:\naddress entitlement to benefits or level of benefits for employees who have lost employment due to fault, and leaves open the question of whether any consequence should attach to termination from post-injury employment for fault. Therefore, the statute is am... | ); Cote v. Great N. Paper Co., 611 A.2d 58, 59 | 0 |
1,861 | [
"Please fill in the missing part of the US court opinion excerpt:\nStates v. Eide, 297 F.3d 701 (8th Cir. 2002), the defendant was convict ed of attempting to manufacture five grams or more of methamphetamine. 297 F.3d at 702. On appeal, he argued the government’s evidence was not sufficient as to quantity, and thu... | ). In Eide, after rejecting the government’s | 0 |
1,862 | [
"Your task is to complete the following excerpt from a US court opinion:\nare inapplicable because they relate to athlete registration requirements, not eligibi nt arbitration decision by the FIFA Players’ Status Committee regarding this controversy, which finds that (1) FIFA’s statutes give USSF authority to sanct... | ), which is why USSF claims the antitrust | 4 |
1,863 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nby the following: (i) where there is a contract of employment providing for a specific duration and termination without just cause occurs before expiration of-that duration, see Rosen v. Gulf Shores, Inc., 610 So.2d 366 (Miss.1... | ). Plaintiff apparently contends that her claim | 4 |
1,864 | [
"Your challenge is to complete the excerpt from a US court opinion:\nprotection of the laws. The district court then stated, however, that “[b]efore there can be any liability under section 1983, there must be ‘a direct causal link’ between the personal conduct of Deputy Lopez or the municipal conduct of Sonoma Cou... | ) (footnote omitted). Neither court has used the | 2 |
1,865 | [
"Complete the following passage from a US court opinion:\ntime after time. What I’m exceeded the bounds of its discretion when it, in effect, treated Ruperd’s failure to appear as a waiver of his right to a hearing on his motion to suppress. The state contends that the district court never ruled on whether Ruperd w... | ). We, consequently, conclude Ruperd was not | 3 |
1,866 | [
"Provide the missing portion of the US court opinion excerpt:\nand stated that white males with inferior attendance records were retained. Nothing in Green’s EEOC charge related to incidents of harassment, nor did anything mention the dates on which they occurred. Because the facts alleged in Green’s EEOC charge fo... | ). As such, a hostile work environment claim | 3 |
1,867 | [
"In the provided excerpt from a US court opinion, insert the missing content:\n21, 2012, supplement and treated that supplement as a Rule 60(b), Ala. R. Civ. P., motion seeking relief from the default judgment, it could not have conferred jurisdiction on the trial court because, although the allegation that Thurmon... | ); (3) it was untimely because it was not filed | 3 |
1,868 | [
"Your task is to complete the following excerpt from a US court opinion:\nMiranda - warnings - specifically - acknowledging his right to exercise at any time the right to remain silent, and he indicated that he understood that right. The agents never threatened or implied that a refusal by Ko-verman to make a state... | ). The mere requirement that a witness testify | 1 |
1,869 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nterm.”). Notwithstanding the existence of section 5-13-70, the courts in Cowart I and Cowart II co 6, 561 (Ct.App.2004), aff'd, 373 S.C. 390, 645 S.E.2d 245 (2007) (“[A]ny legislation [that] is in derogation of common law must ... | ); id. (“[T]he rules of the common-law are not | 4 |
1,870 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nof the claims of fraud against BMC because it allegedly committed the fraud as BMC’s agent. If Plaintiffs are unable to show fraud on the part of BMC or First Boston, as BMC’s agent, BMC will have no claim for contribution or indemnity agains... | ). Although no authority is presented for the | 2 |
1,871 | [
"In the context of a US court opinion, complete the following excerpt:\non an essential element of her case with respect to which she has the burden of proof’) (internal quotation marks omitted). Once the moving party has satisfied its burden, the burden then shifts to the non-moving party to come forward with affi... | ), quoting Bryant v. Maffucci, 923 F.2d 979, 982 | 3 |
1,872 | [
"Please fill in the missing part of the US court opinion excerpt:\n(3) the hypothetical presented to the vocational expert was legally deficient because it did not include all of plaintiffs restrictions, and the ALJ erred in ignoring the vocational expert’s opinion that plaintiff would be unable to work if all her ... | ); Kepler v. Chater, 68 F.3d 387, 391 (10th | 3 |
1,873 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\n464, 473, 102 S.Ct. 752, 70 L.Ed.2d 700 (1982). We do not believe, however, that this is such a case. Vasquez has alleged more than “a mere abstract objection” to Defendants’ removal of the cross from the county seal. See Suhre... | ); Suhre, 131 F.3d at 1087 (“Plaintiffs who ‘are | 4 |
1,874 | [
"Your challenge is to complete the excerpt from a US court opinion:\nas a conservator not as rule-making decisions of a regulator). Furthermore, the Court finds that section 4617(j)(3) comports with the statutory power of FHFA to “preserve and conserve the assets and'property of [Fannie Mae].” 12 U.S.C. § 4617(b)(2... | ). -Thus, while the HOA liens may still attach | 1 |
1,875 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nAt common law, a husband was held responsible for any crimes committed by his wife in his presence, because the law presumed that the wife was coerced or controlled by her husband. See Haning v. United States, 59 F.2d 942, 943 ... | ); Dodson v. Anderson, 710 S.W.2d 510, 512 | 4 |
1,876 | [
"Complete the following excerpt from a US court opinion:\nboard which carries with it the power of law or authority for enforcement,’ Plaintiffs have failed to present issues which are fit for judicial decision.\" Id. at 13 (citing Underwood v. State, 439 So.2d 125, 128 (Ala.1983)). 31 .The ASB Defendants add that ... | ). 35 . See e.g., Zwickler, 394 U.S. 103, 109, | 4 |
1,877 | [
"In the provided excerpt from a US court opinion, insert the missing content:\ndefense, which the defendant can waive”; adopting this view, the court held that “the statute of limitations is a matter of defense that must be asserted at trial by the defendant”); United States v. Spector, 55 F.3d 22, 24 (1st Cir. 199... | ); Tennessee v. Pearson, 858 S.W.2d 879 (Tenn. | 3 |
1,878 | [
"Complete the following passage from a US court opinion:\nv. Ebbers, 458 F.3d 110, 128 (2d Cir.2006) ] strongly undermines that position. Moreover, we see no reason why considerations relevant to loss causation in a civil fraud case should not ollow the Second Circuit in expressly applying Dura Pharmaceuticals’s ci... | ). As noted, Dura Pha'rmaceuticals rejected the | 3 |
1,879 | [
"Complete the following passage from a US court opinion:\n784 F.Supp. at 603.2 When plaintiffs urge a supplemental EIS should be conducted based on effects already adequately considered by-the original EIS, a supplemental EIS is not required. Cronin, 919 F.2d at 449; Headwaters, Inc., 914 F.2d at 1178; Hickory Neig... | ); Headwaters, Inc., 914 F.2d at 1180 (holding | 4 |
1,880 | [
"Provide the missing portion of the US court opinion excerpt:\nin human experience”). In the present case, the wife’s right not to become a parent seemingly conflicts with the husband’s right to procreate. The conflict, however, is more apparent than real. Recognition and enforcement of the wife’s right would not s... | ) with Davis v. Prudential Securities, Inc., 59 | 2 |
1,881 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nis subjected to the heightened pleading standard of Iqbal and Twombly ”). Again, this is a matter of both fairness and common sense. To state a claim of direct infringement, a complaint need allege no more than what is required by Form 1... | ) (citing 35 U.S.C. § 102(a)-(g)). In addition, | 3 |
1,882 | [
"Your task is to complete the following excerpt from a US court opinion:\nthese services. We conclude that section 574.037 applied to the trial court’s order for extended outpatient mental health services. The trial court did not comply with this section in designating Evans as the person responsible for the ordere... | ). Accordingly, we conclude that Evans is | 1 |
1,883 | [
"Complete the following excerpt from a US court opinion:\nso requires” and that the amendment is subject to dis-allowance on the trial court’s o t if allowing it would result in actual prejudice to the opposing party or for reasons of “undue delay.” GRE Ins. Group, 822 So.2d at 390. Undue delay can have two differe... | ); Burkett, 607 So.2d at 141 (holding that the | 0 |
1,884 | [
"Your task is to complete the following excerpt from a US court opinion:\n3. Indeed, this letter explicitly referred to Ms. Nicastro as the former president of A & B, further ratifying her signing the CBA by suggesting that she was president at one time. The Union and the Funds, therefore, reasonably believed that ... | ); In re Baldanza Bakery, Inc., 149 B.R. 370, | 3 |
1,885 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nargue that the arbitrator must make that decision. Because the court already determined that the arbitrator must decide whether this matter may proceed on a class or collective basis (doc. 62 at 8), defendants contend that the court also must... | ) (quoting Hardy v. City Optical, Inc., 39 F.3d | 0 |
1,886 | [
"Your task is to complete the following excerpt from a US court opinion:\nnot walked away, Pulliam responded that he could have “hung on and kept [Yinger]” despite the company’s impending financial collapse, but that Yinger “made the choice to send [him] unemployment separation papers” instead. Nicholes similarly t... | ). Because Yinger has demonstrated multiple | 2 |
1,887 | [
"Please fill in the missing part of the US court opinion excerpt:\nremedy is itself unconstitutional; that under Booker we should review his sentence for reasonableness; and that his sentence is unreasonable. United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We reviewed Spielvogel’s sent... | ). Spielvogel’s convictions and sentences are | 1 |
1,888 | [
"In the context of a US court opinion, complete the following excerpt:\nSecond, his immediate family is his only tie to this jurisdiction, and his children are currently in his homeland of Venezuela. Third, he does not appear to have any ties to his community based on his short period of residency. For example, the... | ). The fourth factor that the Court must | 3 |
1,889 | [
"Your task is to complete the following excerpt from a US court opinion:\nbe unmoved by anything the defendant might say during the allocution). In keeping with the importance of this rule, if a sentencing court fails to provide a defendant with the chance to address the court, the reviewing court must remand the c... | ); see also United States v. Navarro-Flores, 628 | 1 |
1,890 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nthe government's brief pointed to only three indicia of suspicion, namely Foreman: (1) was stopped “on Route 13, a known drug corridor''; (2) made a “very brief trip to New York, a source city for drugs\"; and (3) “avoided eye contact” and \"... | ). 10 . The majority characterizes my reliance | 3 |
1,891 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nCode.” Id. As the Court directed, we must determine “whether the plaintiff has alleged a violation of the relevant statute as it stood prior to December 1, 1990, or whether her claims necessarily depend on a subsequent amendment.” Id. at 384,... | ); Troy v. City of Hampton, 756 F.2d 1000, 1003 | 3 |
1,892 | [
"Complete the following excerpt from a US court opinion:\nadult male; siblings may or may not amount to \"substantial family ties,” and if one of his brothers in San Diego was a citizen, two were not. Although the phone number belonged to Awadallah at a former address, it is hard to see why that matters to the inve... | ) (citation omitted). 22 . In arguing that a | 0 |
1,893 | [
"Complete the following excerpt from a US court opinion:\nto violence and to a breach of the peace. Syl. Pt. 1, Mauck v. City of Martinsburg, 167 W.Va. 332, 280 S.E.2d 216, 217-19 (1981). Insulting words which tend to violence and to a breach of the peace include “vituperative epithets” and “traditional racial slur... | ); see also Cunningham v. Martin, 170 W.Va. 411, | 4 |
1,894 | [
"Please fill in the missing part of the US court opinion excerpt:\nthat there was evidence that Johnson attempted to correct his course after losing control). But a defendant can be deemed negligent for failing to take an action that she should have taken, just as she can be deemed negligent for taking an action th... | ). The Jury said yes. {88 Second, the majority | 2 |
1,895 | [
"Complete the following passage from a US court opinion:\nhave observed that DCF is “probably the most prominent and frequently used post-Weinberger method of appraisal.” Wer-theimer, 47 Duke L.J. at 628. In different legal contexts, Arizona courts have long recognized DCF as a viable valuation method. See, e.g., P... | ). ¶34 Appellants do not so much contest Raben’s | 1 |
1,896 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\n387, 391-92 (3d Cir.1986) (noting that attorney disciplinary rules “are mandatory” because attorneys are subject to discipline for violating them). Thus, despite the Board’s position — insofar as the Executive Director’s letter... | ). Moreover, we note that Board has not been | 4 |
1,897 | [
"Complete the following excerpt from a US court opinion:\nmootness doctrine, one of which involves issues that are capable of repetition, yet evade review. See, e.g., Quinn v. Webb Wheel Products, supra; Robinson v. Arkansas State Game & Fish Comm’n, 263 Ark. 462, 565 S.W.2d 433 (1978) (authority of courts to enter... | ); Duhon v. Gravett, 302 Ark. 358, 790 S.W.2d | 1 |
1,898 | [
"Please fill in the missing part of the US court opinion excerpt:\nto assist the judge in fixing an appropriate punishment. Id. It is well-settled that “[i]f the sentence was within the range set by the Legislature [for the crime with which the defendant was convicted], an appellate court will not interfere with th... | ), and State v. Crittenden, 17 So.3d 253, 259 | 3 |
1,899 | [
"In the context of a US court opinion, complete the following excerpt:\n721 S.W.2d 305, 308 (Tex.Crim.App.1986). The accused’s mere presence in the company of the informant before, during, and after the commission of the offense is insufficient by itself as corroboration, but evidence of such presence coupled with ... | ). In this case, article 38.141 applies. The | 0 |
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