id int64 0 3.55k | input_options listlengths 5 5 | output stringlengths 11 48 | gold_index int64 0 4 |
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2,300 | [
"Your task is to complete the following excerpt from a US court opinion:\nin the criminal proceedings despite the provision in rule 198.3 that her answers could “not be used against [her] in any other proceeding.” And it cannot be determined whether the trial court properly applied the law of privilege as to each i... | ); see also In re Le, 335 S.W.3d 808, 813-14 | 4 |
2,301 | [
"Fill in the gap in the following US court opinion excerpt:\nfactual inferences in favor of the plaintiff.” Id. The moving party must establish that no material issue of fact remains to be resolved and that the party is entitled to judgment as a matter of law. See, e.g., National Car Rental Sys., Inc. v. Computer A... | ). Because Count V of the Complaint (which | 3 |
2,302 | [
"Complete the following passage from a US court opinion:\nat any time after an action for equitable distribution has been filed and prior to the final judgment of equitable distribution, enter orders declaring what is separate property and dividing part of the marital property between the parties. The partial distr... | ). Moreover, permitting an immediate appeal from | 4 |
2,303 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\ninvolve whether a particular sale qualified as a taxable “retail sal 7 Shetakis Dist. v. State, Dept. Taxation, 108 Nev. 901, 907, 839 P.2d 1315, 1319 (1992); Sierra Pac. Power v. Department Taxation, 96 Nev. 295, 297, 607 P.2d... | ). 15 Although the Tax Department has argued | 4 |
2,304 | [
"Complete the following passage from a US court opinion:\nneeded to have probable cause when he first observed the items he seized, it noted that “[a] plausible limitation would require Hyde to form probable cause during this search in this house, but the more specific limitation urged by [defendant] does not seem ... | ). The government has cited no cases holding | 4 |
2,305 | [
"Your task is to complete the following excerpt from a US court opinion:\nmust have an ownership right in the property sought and must come into the transaction with “clean hands.” Howell, 425 F.3d at 973-75. “The court must receive evidence on any factual issue necessary to decide the motion.” • Fed. R.Crim.P. 41(... | ). The district judge received a declaration | 2 |
2,306 | [
"Please fill in the missing part of the US court opinion excerpt:\n1994; (ii) that Montulli reviewed the design and software architecture of the cookies invention with John Giannandrea—Montulli’s supervisor and later Netscape’s Web browser division’s chief technology officer—during a series of design meetings in Ju... | ). A. With respect to the “ready for patenting” | 0 |
2,307 | [
"Your challenge is to complete the excerpt from a US court opinion:\njudgment. We shall address the propriety of the granting of the summary judgment as to each defense separately. Defendants first challenge the trial court’s characterization of the Agreement as a “transaction or compromise”, which thereby preclude... | ). Defendants argue that the Agreement, which | 3 |
2,308 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nour supreme court’s specific proclamation in Grady that imputation of income is permitted in spousal support cases: We have not dealt with this issue direcdy, but elsewhere it has been held that the court may consider the fact that a sup... | ); Moore v. Moore, 242 Mich. App. 652, 619 | 3 |
2,309 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\non any of her claims against Legg Mason. Based on this disposition on the merits, the Court need not reach Defendants’ additional arguments concerning timeliness, administrative exhaustion, and the effect of the release of liability. Accordin... | ). "The critical issue” in such a case "is | 4 |
2,310 | [
"Provide the missing portion of the US court opinion excerpt:\na third party beneficiary of an agreement made by others has the burden of proving that he was intended by the makers of the agreement to be such beneficiary.” A prospective third-party beneficiary may prove the intent of the parties to an agreement by ... | ); Harris v. Grizzle, 599 P.2d 580, 586 | 4 |
2,311 | [
"Please fill in the missing part of the US court opinion excerpt:\nwould not influence him or cause him to assign greater weight to the testimony of law enforcement officials. (R. 72-73). Barker also did not raise his hand when asked by the trial court if anyone had any bias or prejudice that would influence their ... | ). Rule 32.7(d), Ala. R.Crim. P. “... Duncan | 3 |
2,312 | [
"Your challenge is to complete the excerpt from a US court opinion:\nUnited States, No. 13-11603 (11th Cir. June 21, 2013). II. DISCUSSION The denial of a § 2255 motion to vacate presents a mixed question of law and fact, and we review the district judge’s factual conclusions for clear error and questions of law de... | ). When a district judge fails to address all of | 4 |
2,313 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nthat the new evidence Chen submitted in support of her Falun Gong claim, including the letters, would not “affect the outcome of her proceedings,” where she failed to overcome the IJ’s adverse credibility determination. See Kaur, 413 F.3d at ... | ). For the foregoing reasons, the petition for | 3 |
2,314 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nas displaying a total lack of competence in the law.” Aplt. Opening Br. at 7. Further, in addition to charging that the judge has violated federal law “hundreds of times,” thus demonstrating his “heinous criminal nature,” plain... | ). Nevertheless, we have carefully reviewed the | 0 |
2,315 | [
"Your challenge is to complete the excerpt from a US court opinion:\nare intended to protect consumers against misrepresentations of material fact; statements of opinion alone are generally insufficient to rise to the level of actionable misrepresentations under the DTPA. See Pennington v. Singleton, 606 S.W.2d 682... | ); see also Humble Nat’l Bank v. DCV, Inc., 933 | 2 |
2,316 | [
"Complete the following passage from a US court opinion:\nin the plaintiff’s favor, similar to the review of a traditional summary judgment) (citing Science Spectrum, Inc. v. Martinez, 941 S.W.2d 910, 911 (Tex. 1997)). 44 . See Texas Logos, L.P. v. Texas Dep’t of Transp., 241 S.W.3d 105, 118-23 (Tex. App.Austin 200... | ). 45 . Texas Logos, L.P., 241 S.W.3d at 119-20. | 2 |
2,317 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nMiller v. Redwood Toxicology Lab., Inc., 688 F.3d 928, 931 n. 3 (8th Cir.2012) (quoting 5B Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1357 (3d ed. 2004)). Following Miller, we find the district court properly con... | ). Because these two documents are referred to | 0 |
2,318 | [
"Your task is to complete the following excerpt from a US court opinion:\n(2000). After reviewing the entirety of the evidence appearing in the record, however, we conclude that any error by the trial court in refusing to take judicial notice of the VA’s adjudication was harmless. See Wilder, 122 Ill. App. 3d at 34... | ). Instead, the trial court was required to | 0 |
2,319 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nhis parents for injuries for which there is available homeowners insurance coverage as a logical, but limited, extension of our prior holdings in Syllabus point 2 of Lee v. Comer, 159 W.Va. 585, 224 S.E.2d 721, and Lusk v. Lusk... | ). However, it does not appear that the parties | 2 |
2,320 | [
"Fill in the gap in the following US court opinion excerpt:\nLaw 280 jurisdiction and those states without it is somewhat blurry. In Washington v. Yakima Indian Nation, 439 U.S. 463, 99 S.Ct. 740, 58 L.Ed.2d 740 (1979); McClanahan v. Arizona State Tax Comm’n, 411 U.S. 164, 93 S.Ct. 1257, 36 L.Ed.2d 129 (1973); and ... | ). As to state assertions of jurisdiction in | 0 |
2,321 | [
"Your challenge is to complete the excerpt from a US court opinion:\nlimited to those opinions or inferences which are (a) rationally based on the perception of the witness and (b) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue.” TEX. R. EVID. 701. 10 . Detective ... | ); Carson v. Polley, 689 F.2d 562, 579 (5th | 2 |
2,322 | [
"Fill in the gap in the following US court opinion excerpt:\nunoriginal, and are not entitled to protection. See Feist, 499 U.S. at 345, 111 S.Ct. 1282 (noting that originality in copyright means that the work “was independently created by the author (as opposed to copied from other works)”). Even to the extent tha... | ). 3. Substantial Similarity Analysis After | 3 |
2,323 | [
"Complete the following passage from a US court opinion:\nassign all inventions to the University of Washington in which it had an interest: Q. Did you understand that if you were doing research work for Washington using their facilities, that they would own the patents resulting from that work? A. Yes. * * * Q. Wa... | ); see also SiRF Tech., Inc. v. Int’l Trade | 3 |
2,324 | [
"Fill in the gap in the following US court opinion excerpt:\ndetermine total loss, restitution victims and restitution amount. J.A. 30113. 2 . As a general matter, restitution is part of a criminal sentence. See United States v. Bu-chey, 810 F.2d 456, 461 (4th Cir.1987) (\"Criminal restitution ... is part of the se... | ); Tucker v. Waddell, 83 F.3d 688, 690 n. 1 (4th | 0 |
2,325 | [
"Complete the following passage from a US court opinion:\nso as to prevent ruling on a motion for summary judgment until six months have passed, if the case is otherwise ripe for summary judgment.” Thurmond v. Richmond County Bd. of Ed., 207 Ga. App. 437, 439 (1) (428 SE2d 392) (1993). See also Gray v. Whisenaut, 2... | ). 10 (Punctuation and footnote omitted.) | 0 |
2,326 | [
"Complete the following excerpt from a US court opinion:\nAs we explained in Part II, supra, it is the role of the trial court — not the jury— to determine whether a statement made by a defendant is voluntary and therefore admissible. See id.; Coates v. State, 534 N.E.2d 1087, 1093 (Ind.1989). Trial counsel was und... | ), overruled on other grounds, 702 N.E.2d 707 | 1 |
2,327 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\naccumulated from the knowledge of various individuals, but the proscribed intent (willfulness) depended on the wrongful intent of specific employees.” Saba v. Compagnie Nationale Air France, 78 F.3d 664, 670 n.6 (D.C.Cir.1996) ... | ). At the same time, the courts, including our | 3 |
2,328 | [
"Please fill in the missing part of the US court opinion excerpt:\nthat J.C. told her mother the details of the charged offenses. Further, the State informed the trial court at the article 38.072 hearing that J.C.’s mother was under indictment for failing to report appellant’s abuse of J.C., was unavailable to talk... | ) (emphasis added). 2. Reliability of the outcry | 0 |
2,329 | [
"Complete the following excerpt from a US court opinion:\nAs noted in Moragne v. States Marine Lines, 398 U.S. 375, 382, 90 S.Ct. 1772, 1778, 26 L.Ed.2d 339, 346 (1970), [t]he doctrine found practical justification in the fact that the punishment for the felony was death of the felon and the forfeiture of his prope... | ). GARIBALDI, J., concurring. I agree that | 1 |
2,330 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nthat it did not challenge, in its administrative case brief, the finding of state-ownership or the resulting rate assigned to Shanxi DMD after the Preliminary Results. See CAC Reply Br. at 1. CAC, however, claims that the doctrine of exhausti... | ). The exhaustion doctrine provides “that no one | 3 |
2,331 | [
"Complete the following passage from a US court opinion:\ncertain product is encompassed by Comment k have followed two distinct paths. Many Courts have concluded that Comment k is applicable to all prescription drugs. See, e.g., Lindsay v. Ortho Pharmaceutical Corp., 637 F.2d 87 (2d Cir.1980); Brown v. Superior Co... | ); see also, Wheelahan v. G.D. Searle & Co., 814 | 2 |
2,332 | [
"Your challenge is to complete the excerpt from a US court opinion:\nrelation to interstate commerce.” In Lopez, the Supreme Court held that the Gun-Free School Zones Act, which made it a federal offense knowingly to possess a firearm in a school zone, was an unconstitutional exercise of Congressional authority bec... | ). In United States v. McAllister, 77 F.3d 387, | 3 |
2,333 | [
"Your challenge is to complete the excerpt from a US court opinion:\n“at its peril.” Gregory, 705 F.2d at 1123. The Board argues that even though it received this official notice, it could not determine the Joyes’ actual tax liability until after October 15, 2001 because California’s income tax system relies on tax... | ); In re Kragness, 82 B.R. 553, 555 | 3 |
2,334 | [
"Please fill in the missing part of the US court opinion excerpt:\n¶ 30; Adv. No. 03-09315, ECF Doc. #27, Exh. A. As this is the exact language of the clause in JLM that the Second Circuit held to be broad, the clauses in these four adversary proceedings should also be treated as broad form clauses. Therefore, unde... | ). However, none of those decisions undermines | 2 |
2,335 | [
"In the context of a US court opinion, complete the following excerpt:\nwas evidence of contrary intent. The lien, once executed, remained in force during the life of the debt. Id. (citing Ploeger v. Johnson, 26 S.W. 432 (Tex.Civ.App.—Dallas 1894, no writ) and cases ff.) A mere renewal did not affect the lien. Howe... | ); In re Challinor, 79 B.R. 19 | 3 |
2,336 | [
"Provide the missing portion of the US court opinion excerpt:\nthan one central reason, and “an asylum applicant need not prove which reason was dominant.” Parussimova, 555 F.3d at 741 (9th Cir.2009). Because mixed motive analysis exists in cases governed by the REAL ID Act, a petitioner may have been persecuted bo... | ). If a petitioner has presented evidence that | 0 |
2,337 | [
"Complete the following excerpt from a US court opinion:\n3. Victim of extortion Relying on Gebardi v. United States, 287 U.S. 112, 53 S.Ct. 35, 77 L.Ed. 206 (1932), and cases from other circuits, Fernandez requested an instruction that the government prove he was not a victim of extortion: In general, a victim of ... | ); United States v. Brock, 501 F.3d 762, 766-71 | 1 |
2,338 | [
"Your task is to complete the following excerpt from a US court opinion:\nCURIAM. Reginald Wilkerson seeks a writ of mandamus regarding a motion for postconviction relief filed in 2001. We grant the petition. In his petition, Wilkerson states he filed his motion in February 2001, and, that after the trial court den... | ). Accordingly, we grant the petition and remand | 0 |
2,339 | [
"Complete the following excerpt from a US court opinion:\n2000e-5(f), which qualifies the statutory right to intervene, refers only to cases brought by the U.S. Attorney General. That clause is not grammatically connected to the words “the Commission,” making it inapplicable to actions filed by the EEOC. Moreover, ... | ); EEOC v. Contour Chair Lounge Co., 596 F.2d | 3 |
2,340 | [
"Complete the following passage from a US court opinion:\nliability,” as well as steep civil fines, “on a broad range of ordinary industrial and commercial activities.” Rapanos v. United States, 547 U.S. 715, 721, 126 S.Ct. 2208, 165 L.Ed.2d 159 (2006) (internal citations omitted). Therefore, because the amount of ... | ). B. Corps’ Authority to Make Jurisdictional | 4 |
2,341 | [
"Complete the following excerpt from a US court opinion:\na specific intent statute that requires proof that a defendant had knowledge of an alleged violation? Minn.Stat. § 340A.503, subd. 1(a)(1), provides that it is unlawful for any “[r]etail intoxicating liquor or 3.2 percent malt liquor licensee, municipal liqu... | ). The current statute, MinmStat. § 340A.503, | 3 |
2,342 | [
"In the context of a US court opinion, complete the following excerpt:\nfrom wages that Gray and her husband earned during their marriage and are thus community property. See id. §§ 3.001, 3.002. More specifically, a portion of each overpayment is Gray’s sole management community property, and a portion is her husb... | ). The only issue the parties dispute is how to | 1 |
2,343 | [
"Your task is to complete the following excerpt from a US court opinion:\ninnovative, such that it could not be readily duplicated by others in the industry. See USA Power, 2010 UT 31, ¶ 45, 235 P.3d 749 (listing \"the ease or difficulty with which the information could be properly acquired or duplicated by others\... | ); Hammerton, Inc. v. Heisterman, No. | 4 |
2,344 | [
"Your challenge is to complete the excerpt from a US court opinion:\n170 N.C. App. 100, 105, 612 S.E.2d 172, 175-76, disc. review denied, 359 N.C. 640, 617, S.E. 7). Accordingly, we must examine the other evidence presented in the light most favorable to the State. The State points to the fact that the marijuana se... | ); see also In re I.R.T., 184 N.C. App. 579, | 1 |
2,345 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nmust have been \"informed that, if he or she refused to submit to such test, his or her privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 ... | ). The trial court agreed and suppressed other | 0 |
2,346 | [
"Fill in the gap in the following US court opinion excerpt:\n“not situated similarly to his co-defendants” because “[h]e was the only defendant charged with the special circumstance of a previous murder, and he was the only one who physically participated in both California homicides.” Beardslee v. Woodford, 358 F.... | ); see also Lockett, 438 U.S. at 603, 98 S.Ct. | 2 |
2,347 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nlikewise was entitled to summary judgment); Veneklase v. City of Fargo, 248 F.3d 738, 748 (8th Cir.2001) (en banc) (declaring “where arresting police officers are absolved of liability to arrestees, the City ordinarily is not liable”); Thomas... | ). We have reviewed Tennessee v. Garner and | 0 |
2,348 | [
"In the context of a US court opinion, complete the following excerpt:\npossible solutions while the other side simply awaits the arrival of an offer to its liking”). Further, the accommodation was reasonable. See id. at 595-96. 5 “In an action for wrongful interference with contract the plaintiff must prove that t... | ); Steranko v. Irforex, Inc., 5 Mass.App.Ct. | 2 |
2,349 | [
"Your task is to complete the following excerpt from a US court opinion:\ntort claim against defendant notwithstanding the exclusivity provision of the Virginia Act. In other words, the Virginia Act would in no way foreclose the availability of a federal maritime tort claim to plaintiff until plaintiff himself elec... | ). On the other hand, it is not necessarily | 1 |
2,350 | [
"In the context of a US court opinion, complete the following excerpt:\nthis constituted fraud and inequitable conduct on the PTO. In addition, Plaintiffs allege that Warner Chilcott knew that the ’394 patent was not valid, as it was “anticipated and obvious in light of the prior art” before listing the patent in t... | ). Because the underlying conduct has survived' | 3 |
2,351 | [
"Your task is to complete the following excerpt from a US court opinion:\nclaim are (1) the possession of monopoly power in the relevant market and (2) willful acquisition or maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic ac... | ). The court has concluded that the ground of | 2 |
2,352 | [
"Your challenge is to complete the excerpt from a US court opinion:\nCURIAM. AFFIRMED. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979) (holding that it is the appellants burden to present a record to overcome the presumption of correctness of the trial courts findings",
"Your challenge is ... | ). GRIFFIN, THOMPSON and MONACO, JJ., | 3 |
2,353 | [
"Please fill in the missing part of the US court opinion excerpt:\nhas been “officially declared” in a statute or municipal regulation, or in the Constitution, that a new exception [to the at-will doctrine] is needed.’ ” Fingerhut v. Children’s Nat’l Med. Ctr., 738 A.2d 799, 803-04 (D.C.1999) (quoting Carl, 702 A.2... | ); see also Fingerhut, 738 A.2d at 803-04 & n. 7 | 3 |
2,354 | [
"Complete the following excerpt from a US court opinion:\nSee N.C. Gen.Stat. § 160A-175(c); see also Nags Head, N.C., Code § l-6(c)(6) (authorizing the Town to impose fines of no more than $500 per day for violations of Chapter 16, Article II of the Town Code); id. § 1 — 6(f) (authorizing the Town to seek a court o... | ). 9 . The Owners appear to conflate fee simple | 3 |
2,355 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nthe class are tainted with the mischief, but there are others also tainted whom the classification does not include.” Joseph Tussmann and Jacobus tenBroek, The Equal Protection of the Laws, 37 Cal.L.Rev. 341, 348 (1949). See also Melville B. ... | ). Second, the Court has consistently held that | 3 |
2,356 | [
"In the context of a US court opinion, complete the following excerpt:\nMuller Optical Co. v. EEOC, 743 F.2d 380 (6th Cir.1984). It is not there. Clark, to be sure, rejected a challenge to a legislative veto provision as unripe because the provision had not been exercised. But Clark involved a naked attack upon the... | ), petition for cert. filed, 54 U.S.L.W. 3394 | 1 |
2,357 | [
"Complete the following excerpt from a US court opinion:\nto its federal question jurisdiction. Collateral attacks on court-martial proceedings are not confined to habeas petitions. Kauffman v. Secretary of the Air Force, 415 F.2d 991 (D.C.Cir.1969). A district court has subject matter jurisdiction to hear a noncus... | ) {“New II ”); Williamson v. Sec’y. of Navy, 395 | 1 |
2,358 | [
"Complete the following passage from a US court opinion:\na murder is heinous or depraved. 135 Ariz. 42, 52-53, 659 P.2d 1, 11-12 (1983). Three years later, we noted that “[i]n addition to th[ose] five factors ... we have also found that depravity is indicated where defendant admitted he committed the murder to pre... | ). ¶ 28 In State v. King, although finding that | 0 |
2,359 | [
"In the context of a US court opinion, complete the following excerpt:\nof showing entitlement to a preliminary injunction. See Reebok Intern., Ltd. v. J. Baker, Inc., 32 F.3d 1552, 1555 (Fed. Cir.1994) (citing H.H. Robertson Co. v. United Steel Deck, Inc., 820 F.2d 384, 388 (Fed.Cir.1987)). While the Court must we... | ). The Court will address each of the | 2 |
2,360 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nan enforceable contract, a party must provide evidence that demonstrates that the parties reached a mutual understanding, they exchanged consideration, and they understood the essential terms of their bargain. Hart v. Arnold, 884 A.2d 316, 33... | ). Here, the Petitioning Creditor’s Claim is | 1 |
2,361 | [
"Your challenge is to complete the excerpt from a US court opinion:\ntestified, but states that without the benefit of discovery cannot admit or deny the factual allegations contained therein. Pl.’s Resp. 11 ¶ 49. 11 . Plaintiff filed an amended complaint two days later. See PL’s Ex. 4, at 8. 12 . This regulation s... | ); Hornsby v. Conoco, Inc., 777 F.2d 243, 247 | 4 |
2,362 | [
"Your challenge is to complete the excerpt from a US court opinion:\nthat overall lessen the State’s burden of proof violate due process. B. Medina contends that the instruction improperly diminished the State’s burden of proof. When explaining reasonable doubt to the jury, the trial court stated: “when we talk abo... | ). Jurors may harbor a valid reasonable doubt | 2 |
2,363 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nin question was equipped with two emergency stop buttons, located at the top and bottom of the escalator, respectively. When either button is pushed, if the escalator is functioning as intended, the escalator will stop. The but... | ). In the present case, we must necessarily | 3 |
2,364 | [
"In the provided excerpt from a US court opinion, insert the missing content:\n(factor one: Individualized on the basis of assessment and performance); Rowley, 458 U.S. at 188-89, 102 S.Ct. 3034 (IDEA requires schools to provide “educational instruction specially designed to meet the unique needs of the handicapped... | ); 34 C.F.R. § 300.324(b)(1)(h) (factor four: | 1 |
2,365 | [
"Your challenge is to complete the excerpt from a US court opinion:\nto reject the claim, noting that it fails not on the evidence but on the law. The requirements of activity beyond the scope of employment, malice, and personal gain invoked by Cohen are referenced out of context. That heightened standard applies w... | ); Petkanas, 303 A.D.2d 303, 759 N.Y.S.2d at 2 | 2 |
2,366 | [
"Provide the missing portion of the US court opinion excerpt:\nto a broad class or range of jobs. Indeed, she believes that she can perform the dealer job, despite her disabilities, as evidenced by her attempt to obtain employment as a dealer following her termination. She just cannot perform the job at nighttime (... | ) (quotation marks and citation omitted); Chiles | 3 |
2,367 | [
"Complete the following passage from a US court opinion:\nwhen he rejects a settlement offer for full relief on the specific claims he asserts.”). B On appeal, Fitzgerald contends that the VA’s settlement proposal was not an offer of full relief because it did not offer him compensatory damages for emotional injuri... | ). Fitzgex'ald also contends that it would be | 4 |
2,368 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nat a hearing, examining trial, or trial, the court shall appoint a qualified interpreter to interpret the proceedings in any language that the deaf person can understand, including but not limited to sign language. Tex.Code CRIm.Proc.Ann... | ). In 2003, the Legislature amended Section | 3 |
2,369 | [
"Complete the following passage from a US court opinion:\nChasmer was very different from the current language. At the time, § 5G1.3 provided for consecutive sentences when defendant was serving an unexpired sentence \"unless one or more of the instant offense(s) arose out of the same transactions or occurrences as... | ), cert. denied, 531 U.S. 1175, 121 S.Ct. 1149, | 0 |
2,370 | [
"Your challenge is to complete the excerpt from a US court opinion:\ncomplaint alleges an ongoing violation of federal law and seek relief properly characterized as prospective.” Id. Although this inquiry does not include an inquiry into the merits of the claim, it may include an inquiry as to whether the suit and ... | ). The Eighth Circuit has addressed the “special | 1 |
2,371 | [
"In the context of a US court opinion, complete the following excerpt:\nthat Fleming’s denial of any further medical services or supplies in July 1993 justified his non-compliance with the applicable fee schedule. ¶ 31. We cannot say that Fleming’s denial of further medical services and treatment in July 1993 justi... | ); Central Elec. & Machinery Co. v. Shelton, 220 | 0 |
2,372 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nthe jury to find that the negative employment action was based on a mix of lawful and unlawful reasons, but which also would have provided Xerox a defense to the effect that it would have taken the same action against Hylind even if the ... | ); Watson v. Se. Penn. Trans. Auth., 207 F.3d | 1 |
2,373 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nfiled and it does not matter that all parties were not served within thirty days. AWSD bases its argument on a novel reading of our Supreme Court’s decision in Maples v. State, 110 N.M. 34, 791 P.2d 788 (1990). In Maples, the Supreme Court he... | ). {7} AWSD admits that it did not make this | 4 |
2,374 | [
"Please fill in the missing part of the US court opinion excerpt:\ncredence to Ms. Thompson-Wright’s tip. The justification for detaining appellant was markedly enhanced when Officer Chih learned (before taking him to the show-up) that appellant had recently arrived at the apartment (making it more likely that he w... | ); Womack v. United States, 673 A.2d 603, 608 | 2 |
2,375 | [
"Fill in the gap in the following US court opinion excerpt:\nof his excessive force grieva rrectional officer shut off water for five days because the prisoner used the prison grievance system was sufficient to state a retaliation claim); Burgess, 39 F.3d at 218 (threat made in retaliation for a prisoner’s use of t... | ). Santiago has also satisfied the causal | 1 |
2,376 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nProposal 2 interfered with the Air Force’s right to hire employees, the Authority found the Proposal negotiable under 5 U.S.C. § 7106(b)(3) because it concerned “appropriate arrangements for employees adversely affected” by the Air Force... | ). A The Air Force identifies two alleged | 4 |
2,377 | [
"Complete the following excerpt from a US court opinion:\nfiled this action in federal district court. Allen named as defendants the Casino, the Tribe, Mattie Mayhew, and John Does 1 thru 300, against whom he asserted various employment, civil rights, and conspiracy claims. The magistrate judge recommended that the... | ). The question is not whether the activity may | 0 |
2,378 | [
"In the context of a US court opinion, complete the following excerpt:\nit appears Union County has not asserted a standing argument at all, but rather has attempted to invoke parens patriae authority, which in Latin means “parent of his or her country,” and refers to “the state in its capacity as provider of prote... | ). Union County is thus disqualified from | 2 |
2,379 | [
"Complete the following passage from a US court opinion:\napplied in federal court appeals”) (footnote omitted); In re St. Mary Hospital, 120 B.R. 25, 28 (Bankr.E.D.Pa.1990) (“The district court may affirm the decision of the bankruptcy court on any basis that finds support in the record.”), aff'd, 931 F.2d 51 (3d ... | ). 2 . See NLRB v. Calkins, 187 F.3d 1080, 1089 | 0 |
2,380 | [
"Fill in the gap in the following US court opinion excerpt:\nF.Supp.2d 706, 712 (S.D.N.Y.2007); Kreinik v. Showbran Photo, Inc., No. 02CV1172, 2003 WL 22339268, **8-9, 2003 U.S. Dist. LEXIS 18276, at *29 (S.D.N.Y. Oct. 10, 2003) (“To state a claim under Section 215, [employee] must adequately plead that [employer’s... | ). The defendant contends that the plaintiff | 0 |
2,381 | [
"Your challenge is to complete the excerpt from a US court opinion:\nthe judicial branch of government. The Legislature has established the Court of Claims by law and delegated to it the Legislature’s power to investigate certain claims against the State that may not be prosecuted in the courts because of the State... | ). Because the Court of Claims is a public body | 1 |
2,382 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\ncopy of Morris D. Murphy's driving record as maintained by the Secretary of State, as of this date. Although the last paragraph in the certificate referred to an attached copy of Murphy’s driving record, no other document was a... | ). 5 .Cf. State v. Francis, 610 A.2d 743, 745 | 4 |
2,383 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nclear and convincing evidence of the settlor's intent. Id. § 75-1-605(8). 136 This section of the UUTC directly conflicts with the holding of Banks. Under Banks, the settlor's intent at the time of creation of the trust was paramount because ... | ). In contrast, the UUTC does not require strict | 2 |
2,384 | [
"In the context of a US court opinion, complete the following excerpt:\nwith S.182, § 1, 2005-2006 Gen. Assem., Bien. Sess. (Vt. 2006) (bill as introduced) (“[T]he court shall personally address the defendant in open court, advising him or her of and determining that he or she understands the following: ‘If you are... | ). Rule 11(c)(7) mandates that the court put a | 0 |
2,385 | [
"Fill in the gap in the following US court opinion excerpt:\n273 F.3d 222, 233 (2d Cir.2001) (rejecting claim that deposition testimony became a “judicial document” “because the Court reviewed it in order to decide whether or not to enter [a] protective order”); United States v. Wolfson, 55 F.3d 58, 61 (2d Cir.1995... | ). See generally Newsday, 730 F.3d at 167 n. 15 | 1 |
2,386 | [
"In the context of a US court opinion, complete the following excerpt:\nof the district court’s legal conclusions is de novo and thus less deferential. See id at 1216. But we give “due deference” to the district court’s application of the Guidelines to the facts of each case. Id. at 1216-17. In addition, we review ... | ); see also United States v. Morris, 562 F.3d | 1 |
2,387 | [
"Complete the following passage from a US court opinion:\nprinciples of res judicata; however, the court cannot agree with Mclnnis that the § 522 Avoidance was conditioned upon the Debtors completing a Chapter 13 plan and receiving a discharge. As more fully explained infra, the Avoidance Order clearly establishes ... | ). Using its equitable powers authorized by 11 | 3 |
2,388 | [
"Complete the following excerpt from a US court opinion:\nbe set aside only when liability is truly joint — that is, when the theory of recovery requires that all defendants be found liable if any one of them is liable — and when the relief sought can only be effective if judgment is granted against all.”). Cole v.... | ). Cf. Westinghouse Elec. Corp. v. Rio Algom | 3 |
2,389 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nstage of the litigation, Plaintiffs have sufficiently pled the ultra vires exception to the Eleventh Amendment and, thus, Defendants’ motion to dismiss Plaintiffs’ state law claims as to the individual basis, on this basis, is denied. D. Fede... | ); however, such actions may be subject to | 4 |
2,390 | [
"Provide the missing portion of the US court opinion excerpt:\nrestrictions in part of a tract of land which he is selling does not necessarily lead to the conclusion that he intended thereby to have the restrictions apply to his remaining land.”); cf. Varney v. Fletcher, 106 N.H. 464, 466-67 (1965) (implying an eq... | ); McCleary v. Lourie, 80 N.H. 389, 392 (1922) | 3 |
2,391 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nthat are objectively justifiable, moreover, regardless of an officer’s subjective intent. See Whren v. United States, 517 U.S. 806, 812, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996). The impoundment/inventory decision in the case at bar was objectiv... | ). Mr. Kimes contends that evidence of his | 0 |
2,392 | [
"Your task is to complete the following excerpt from a US court opinion:\nthe “use” of any trademark belonging to plaintiffs, as that term is used in the Lanham Act, because WhenU does not use any of the plaintiffs’ trademarks to indicate anything about the source of the products and services it advertises. Bird v.... | ); Bihari v. Gross, 119 F.Supp.2d 309, 322-23 | 0 |
2,393 | [
"Your task is to complete the following excerpt from a US court opinion:\n‘imprisonment,’ and a community confinement facility is a ‘penal or correction facility.’ ” Id. at 1025. In fact, it is § 3621(a) that arguably provides the closest thing to a definition of “imprisonment” as one can find in the United States ... | ) (emphasis in original). The district court in | 0 |
2,394 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nv. Gonzales, 444 F.3d 148 (2d Cir.2006), to challenge the BIA’s consideration of the underlying adverse credibility determination is misplaced. In Paul, we held that the BIA abused its discretion by denying a motion to reopen b... | ). Because petitioner’s assertion of ineffective | 3 |
2,395 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nclose a loophole that had allowed preferences in the form of set offs.” In re Elcona Homes Corp., 863 F.2d 483, 486 (7th Cir.1988). Section 553(a)(3) modified a Bankruptcy Act provision that prohibited setting off debt intentionally incurred ... | ). Factors that courts consider when evaluating | 0 |
2,396 | [
"In the context of a US court opinion, complete the following excerpt:\nPlaintiff failed to establish personal jurisdiction over Ho because he does not have constitutionally sufficient “minimum contacts” with Washington. Id. at 801. In particular, Plaintiff has not made a prima facie showing that Ho “expressly aime... | ). Nor do Plaintiffs allegations of fraud | 0 |
2,397 | [
"Complete the following excerpt from a US court opinion:\nexist, the defendant must establish the following: “(1) the State possessed evidence favorable to the accused because it was either exculpatory or impeaching; (2) the State willfully or inadvertently suppressed the evidence; and (3) the defendant was prejudi... | ). During the evidentiary hearing, it was | 2 |
2,398 | [
"Complete the following passage from a US court opinion:\npursue dual-purpose storage[,]” SMUD IV, 293 Fed.Appx. at 772, the court has determined that even in light of the January 1, 2000 acceptance date, DOE’s January 31, 1998 partial breach of the Ju court prospectively apply the $4,196,260 savings SMUD realized ... | )- The Government, however, legitimately is | 4 |
2,399 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nto demonstrate genuine issues exist for trial. Griffin, 74 F.3d at 827. 1. Direct Discrimination As she did in the district court, Markel contends that several statements attributed to Offerman and LaForge are evidence of direct discriminatio... | ) (emphasis added). Moreover, the statements | 2 |
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