id int64 0 3.55k | input_options listlengths 5 5 | output stringlengths 11 48 | gold_index int64 0 4 |
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2,500 | [
"Complete the following passage from a US court opinion:\n‘a constitutional policy of finality for the defendant’s benefit.’ ” (citation omitted)). Second, it prevents “[pros-ecutorial] overreaching.” Johnson, 467 U.S. at 502, 104 S.Ct. 2536. The defendant’s interests are balanced with the state’s “right to one ful... | ); Ricketts v. Adamson, 483 U.S. 1, 8, 107 S.Ct. | 4 |
2,501 | [
"Please fill in the missing part of the US court opinion excerpt:\n254 S.W.2d at 1011. Though DeToto’s affidavit does not explicitly state that Roberts refused to provide an affidavit, we believe the affidavit implicitly makes this contention through DeToto’s statement that he had spoken with Roberts and that Rober... | ); see generally Randolph N. Jonakait, The | 3 |
2,502 | [
"Fill in the gap in the following US court opinion excerpt:\nInfluenced Corrupt Organization Act, 18 U.S.C. § 1961, et seq. (“RICO”) and also asserted an equitable claim for unjust enrichment. The district court granted summary judgment for Delta on both claims. We have jurisdiction under 28 U.S.C. § 1291 and we af... | ). In addition, Delta’s threat to terminate its | 0 |
2,503 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nto justify briefly stopping individuals to question them “about their citizenship and immigration status ... but any further detention ... must be based on ... probable cause.” Id. at 881-82, 95 S.Ct. 2574 (emphasis added) (citing Terry,... | ); Lopez v. Garriga, 917 F.2d 63, 69 (1st | 1 |
2,504 | [
"Complete the following excerpt from a US court opinion:\nWhile we agree that the definition of employer requires that the entity “employf] workers under the terms of the W orkers’ Compensation Act,” we disagree that the language requires that all counted workers actually be eligible for workers’ compensation insur... | ). But the most important example is contained | 4 |
2,505 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nemotional distress to Plaintiff. Notably, the object of Defendant Manley’s engagement in investigating and arresting Plaintiff was clearly not for the benefit of Plaintiff. Rather, Defendant Manley undertook this' obligation for a law enforce... | ). Plaintiff has not pled any additional facts | 3 |
2,506 | [
"Your challenge is to complete the excerpt from a US court opinion:\n] the primary object of the patent laws” to promote future innovation. Id. Preemption is therefore part and parcel with the § 101 inquiry. For example, we have often cited the lack of preemption concerns to support a determination that a claim is ... | ); FairWarning, 839 F.3d at 1098 (“But even | 2 |
2,507 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nthe MHSAA is not a federal aid recipient, it is nonetheless subject to Title IX. The premise of this argument is that because local Michigan school districts have “ceded control” over interscholastic athletics to the MHSAA, and... | ). See also Kemether v. Penn. Interscholastic | 2 |
2,508 | [
"Your task is to complete the following excerpt from a US court opinion:\nProperty Interest Plaintiffs final claim is that he was denied due process of law when the defendants deducted money from his inmate account without providing him notice and an opportunity to be heard as to the imposition of assessments conce... | ). Pennsylvania law provides that the Department | 3 |
2,509 | [
"Fill in the gap in the following US court opinion excerpt:\nentities like GasPlus. See generally S. Rep. 106-150 at 5, 7, 10. And GasPlus’s interests were clearly regulated by the BIA’s decision to void the Management Agreement. Indeed, GasPlus’s basic argument in this lawsuit is that the BIA has imposed a greater... | ). The causation requirement is satisfied | 3 |
2,510 | [
"Fill in the gap in the following US court opinion excerpt:\nwhich rejected the Plan. The Bankruptcy Code does not provide a standard for determining when “unfair discrimination” exists. See 203 N. LaSalle, 190 B.R. at 585 (noting “the lack of any clear standard for determining the fairness of a discrimination in t... | ); In re Aztec Co., 107 B.R. 585, 589 | 0 |
2,511 | [
"Your challenge is to complete the excerpt from a US court opinion:\nrequested an attorney and interrogation had ceased. The Supreme Court of Arizona upheld the conviction, holding that the defendant’s confession was voluntarily given. The United States Supreme Court reversed, holding “waivers of counsel must not o... | ). Nevertheless, this Court has held that [а] | 4 |
2,512 | [
"Your challenge is to complete the excerpt from a US court opinion:\ncharacterize a claim of procedural error as one of jurisdictional dimension. The fact that a trial court may have erred along the course of adjudicating a dispute does not mean it lacked jurisdiction. Thus, while we might casually say, “Judge Flyw... | ). In Packard v. Shoopman, our supreme court | 3 |
2,513 | [
"In the context of a US court opinion, complete the following excerpt:\npretrial proceedings, Defendant was repeatedly advised of the risks he faced by choosing to proceed without counsel. Nevertheless, Defendant unequivocally maintained throughout the proceedings, orally and in writing, that he wished to represent... | ). AFFIRMED. ** This disposition is not | 3 |
2,514 | [
"Provide the missing portion of the US court opinion excerpt:\nGang Evidence: Issues for Criminal Defense, 30 Santa Clara L. Rev. 739 (1990). 30 See Texas Penal Code Ann. § 71.01, providing in part: \"(d) Three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously... | ). 31 See Molina, supra; Burrell, supra. 32 See | 0 |
2,515 | [
"Please fill in the missing part of the US court opinion excerpt:\nfactor for consideration. Whether the number 50 in this hypothetical District is a minimum, a maximum or just a guideline for the permissible number of osteopathic beds was a subject of confusion among the witnesses who testified at the hearing. Als... | ). Another useful predictor of need for | 3 |
2,516 | [
"Your challenge is to complete the excerpt from a US court opinion:\npolice powers of the States [are] not to be superseded by the Federal Act unless that [is] the clear and manifest purpose of Congress.’ ” Cippollone v. Liggett Group, Inc., — U.S. -, -, 112 S.Ct. 2608, 2617, 120 L.Ed.2d 407, 422 (1992) (quoting Ri... | ). Generally, Congress’ intention to preempt may | 4 |
2,517 | [
"Please fill in the missing part of the US court opinion excerpt:\nv. LeChambord Rest., 246 A.D.2d 514, 667 N.Y.S.2d 395, 396 (N.Y.App.Div.1998), (relying on Trincere, which held that a one-half inch elevation of a cement slab in the plaza area of a municipal building was not actionable as a matter of law). To dete... | ); but see Sanna v. Wal-Mart Stores, Inc., 271 | 2 |
2,518 | [
"Your task is to complete the following excerpt from a US court opinion:\nStates v. Grostefon, 12 M.J. 431 (C.M.A.1982). 7 . See Specifications 1 and 2 of the Charge. These specifications allege violations of 18 U.S.C. §§ 1470 and 2422(b) respectively. 8 . Specifications 3 through 7 allege violations of 18 U.S.C. §... | ); Moore, 55 M.J. at 781. 13 . Although not | 1 |
2,519 | [
"Please fill in the missing part of the US court opinion excerpt:\nthat Mexican gangs attempted to extort money from his family by threatening to kidnap his sister. The IJ reasonably found that the callers targe 3 (2d Cir.1999) (finding that general civil strife does not establish a well-founded fear of persecution... | ). For the foregoing reasons, the petition for | 2 |
2,520 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nJudge. Jonathan Outing appeals from the sentence imposed upon him following the revocation of his probation. He correctly argues, and the State concedes, that the State failed to present sufficient nonhearsay evidence that Outing violated the... | ). Therefore, we reverse the order of | 4 |
2,521 | [
"Your challenge is to complete the excerpt from a US court opinion:\nefforts on the part of the party committing the fraud to conceal it from the knowledge of the other party.” Id. at 397, 66 S.Ct. 582 (quoting Bailey v. Glover, 21 Wall. 342, 88 U.S. 342, 22 L.Ed. 636 (1874)). The Supreme Court went on to note that... | ); Santos v. Mast Construction Company (In re | 3 |
2,522 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nCourt. Rather, the requirement that the alleged de facto parent live with the child for not less than two years is contained within the American Law Institute’s standards. See Am. Law Inst., supra, § 2.03, at 107-08, cmt. (c) at 119. Our... | ). Johnston also contends that Franklin cannot | 2 |
2,523 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nnot contend that the interest would have been included in Thomas’s bankruptcy estate on another basis. 4 . It is undisputed that Sherry did not obtain an equitable interest in the Property solely by virtue of marriage. Miller v. Fulton Cnty.,... | ). But the code section relied on in Woodward | 2 |
2,524 | [
"Fill in the gap in the following US court opinion excerpt:\nhave uniform application within the class of those subject to its provisions. This attribute alone disqualifies WCTF’s claim under § 65(8) from classification as a tax. B. The Principle of Equal Distribution. There is another reason, however, for treating... | ) (citing Begier v. Internal Revenue Serv., 496 | 0 |
2,525 | [
"Provide the missing portion of the US court opinion excerpt:\n§ 2518(l)(e) when it is not required for a violation of § 2518(l)(b)(iv). Disclosure of prior applications naming those individuals who are targets of a new investigation necessarily depends on the naming of the targets in the new application. If failur... | ). In this ease, after initially deciding that a | 0 |
2,526 | [
"In the context of a US court opinion, complete the following excerpt:\nthis study, Ashley Creek knows what its own costs would be only within a margin of plus or minus 25%. Ashley Creek does not know the cost to ship its concentrate from the end of the pipeline to its potential customers. Ashley Creek does not kno... | ); Gas Utilities Co. of Ala., Inc. v. Southern | 3 |
2,527 | [
"In the context of a US court opinion, complete the following excerpt:\nwere actually taken by Trooper Chad Chandler and that Sgt. Alexander is merely the case agent assigned to investigate the incident. 2 . Sgt. Alexander has been sued in his official capacity only. Therefore, he is entitled to the same sovereign ... | ). 4 . In Lightfoot, the police also claimed | 3 |
2,528 | [
"Complete the following excerpt from a US court opinion:\n1.102-2(c)(1) ; quoting FAR 15.306(e)). Command argues, however, that the “procurement [was] tainted by an apparent or actual impropriety, conflict, unfair competitive advantage[,] or bias occasioned by the Murray/Lewis assistance to HCS,” the presence of wh... | ); Telecommunication Sys. Inc., B404496.3 (GAO | 1 |
2,529 | [
"Complete the following excerpt from a US court opinion:\nGovernment has waived any possibility of a § 9.51 defense by failing to raise it in its answer. We find this contention to be without merit. The Government did assert a law enforcement officer’s privilege to use force in its motion to dismiss. Such an assert... | ). 3 . There is some dispute about whether the | 1 |
2,530 | [
"Fill in the gap in the following US court opinion excerpt:\n344, 354 (1910) (noting that it is the prerogative of the civil courts to determine the meaning and legal effect of civil contracts). An aggrieved party, including a criminal defendant, remains free to seek enforcement of the terms of a release in civil c... | ). We are mindful, however, that elementary | 4 |
2,531 | [
"In the context of a US court opinion, complete the following excerpt:\nitself cause such an appearance of impropriety as to prevent Palomo from receiving a fair trial. Therefore, we disagree with the trial court's reliance on a possible future appearance of impropriety to warrant the removal of the district attorn... | ), People v. Wood, 447 Mich. 80, 523 N.W.2d 477, | 4 |
2,532 | [
"Please fill in the missing part of the US court opinion excerpt:\nwitnesses. Williams failed to produce the kinds of expert witnesses which may have been helpful in proving his claim that his plea was affected by drug-induced confusion. On this record and on the face of the pleadings which raised the colorable cla... | ); Davis v. State, 499 So.2d 24, 26 (Fla. 4th | 1 |
2,533 | [
"Your task is to complete the following excerpt from a US court opinion:\ntrust between individuals, free expression and individuality, or as stated by the court in Thorpe, the “confidence and sense of security in dealing with one another.” 424 N.E.2d at 258. While it is certainly true that surreptitious recording ... | ); In re A. W., 982 P.2d 842, 847 (Colo. 1999) | 3 |
2,534 | [
"Complete the following excerpt from a US court opinion:\nover the conduct of non-Indians on fee land when the conduct “threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe.” Id. at 566, 100 S.Ct. at 1258 (the “tribal interest” test). Yakima Na... | ). Zoning, in particular, traditionally has been | 2 |
2,535 | [
"Complete the following excerpt from a US court opinion:\nof this breach of contract claim. See Edwards, 178 F.3d at 241 n. 6. Next, the Joneses dispute the district court’s dismissal of their third claim, breach of the implied covenant of good faith and fair dealing under the Uniform Commercial Code (“UCC”), as ad... | ). Finally, the Joneses contend that the | 2 |
2,536 | [
"Your task is to complete the following excerpt from a US court opinion:\nfollowed by three years supervised release. In accordance with § 1326(b) and U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(A) (2000), Hernandez-Roman’s sentence was enhanced because of his prior conviction of an aggravated felony. Hernandez... | ). We also reject Hernandez-Roman’s argument | 3 |
2,537 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nnecessarily constitute bad faith, particularly when the valuation of the injuries and damages of a claim is difficult. Here, in light of the uncertainties regarding [the plaintiffs] future earning power and the inherently subjective nature of... | ). Defendant’s valuation of Plaintiffs injuries | 4 |
2,538 | [
"Your challenge is to complete the excerpt from a US court opinion:\nTerses a Macias on April 15, 1996.” Id. at 963 (emphasis added). In support of its conclusion that the alleged constitutional deprivation was the death of Mrs. Macias, the district court cited the Supreme Court’s opinions in Monell v. Department o... | ); Harris, 489 U.S. at 385, 109 S.Ct. 1197 | 0 |
2,539 | [
"Fill in the gap in the following US court opinion excerpt:\njurisdiction over Indians is coextensive with the state’s jurisdiction over non-Indians. See Mescalero Apache Tribe v. Jones, 411 U.S. 145, 148-49, 93 S.Ct. 1267, 1270, 36 L.Ed.2d 114, 119 (1973) (“Absent express federal law to the contrary, Indians going... | ); Pablo v. People, 23 Colo. 134, 46 P. 636, 637 | 0 |
2,540 | [
"Complete the following passage from a US court opinion:\nthe residual clause. Coronado, 603 F.3d at 708. We held it was not, because the state statute “only requires gross negligence, and crimes with a mens rea of gross negligence or recklessness do not satisfy Begay’s requirement of ‘purposeful’ conduct.” Id. at ... | ); United, States v. Spells, 537 F.3d 743, 752 | 4 |
2,541 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nhere, as Judge Woodlock observed: [I]t is apparent that application of a general legislative rule, rather than a specific adjudicative ruling, is involved in the attempted redesignation of [defendants from community confinement to secure faci... | ). In attempting to. classify this rule as | 4 |
2,542 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nThus, this Court recognizes that, under Reigel’s specific holding that Section 360k does not prohibit States from providing a damages remedy for claims premised on FDA violations, common law state actions that provide private remedies fo... | ). Indeed, in Medtronic, the court explicitly | 4 |
2,543 | [
"Your challenge is to complete the excerpt from a US court opinion:\nissue of expenses until counsel provided the court with invoices, receipts, and supporting affidavits (including the descriptions and nature of each expense and the reasons therefore). Sandra Jasso’s counsel filed supplements in the form of spread... | ). Counsel for Sandra Jasso also requested | 2 |
2,544 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nthe sorts of factors that courts have long charged the Board with balancing. We conclude that the broad legal views outlined in Otis II are reasonably defensible approaches for determining when plant re-locations are mandatory bargaining subj... | ); DeSoto, Inc., 278 N.L.R.B. 788, 789 (1986) | 1 |
2,545 | [
"Please fill in the missing part of the US court opinion excerpt:\nnotes that the Secretary has averred that a search for the claims file has been made in the OGC, the Board, and all ROs. Id. at 20; July 17, 1998, Motion at 2; June 17, 1998, Motion at 1. Because, for the reasons that follow, the Court concludes tha... | ), vacated in part on other grounds sub nom. Cox | 4 |
2,546 | [
"Your challenge is to complete the excerpt from a US court opinion:\nto Officer Rucker, \"[h]e could have had money and you wouldn’t have\" found it. 10 . Testimony \"so unbelievable, on its face that it defies physical laws” would be \"incredible as a matter of law”. United States v. McKenzie, 768 F.2d 602, 605 (5... | ) with State v. Chism, 436 So.2d 464, 468 n. 3 | 2 |
2,547 | [
"Your challenge is to complete the excerpt from a US court opinion:\naction under Title [9].” N.J. Div. of Youth & Family Servs. v. R.D., 207 N.J. 88, 112, 23 A.3d 352 (2011) (quoting N.J. Div. of Youth & Family Servs. v. A.P., 408 N.J.Super. 252, 259, 974 A.2d 466 (App.Div.2009), certif. denied, 201 N.J. 153, 988 ... | ). On January 7, 2008, the family court granted | 0 |
2,548 | [
"Fill in the gap in the following US court opinion excerpt:\n”) (alteration in original). Quite simply, Code requirements that nurses treat others with “respect and compassion” and avoid “any and all forms of prejudicial actions” or “disregard for the effect of one’s actions on others” could easily be used to restr... | ). In addition, when a college applies a | 2 |
2,549 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nwith Tennessee Supreme Court Rule 23(8). Costs in this Court are taxed to the appellee, EMC Mortgage Corporation. 1 . \"The Supreme Court may, at its discretion, answer questions of law certified to it by the Supreme Court of t... | ); See also In re Medlin, 201 B.R. 188, 192 | 1 |
2,550 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nby guileful, covinous, or fraudulent devices and practices are, must, or might be in any ways distur :06-466-HMH, 2007 WL 39428 (D.S.C. Jan. 4, 2007) (unpublished), this court voided a cash transfer of $300,000.00 under the Statute of Elizabe... | ); Future Grp., II v. Nationsbank, 324 S.C. 89, | 3 |
2,551 | [
"Fill in the gap in the following US court opinion excerpt:\ntime before February 23, 2001, because, when he was discharged, there was no order in place and covering this time period that required him to pay child support. “Section 523(a)(5) clearly requires that the support obligation be established by court order... | ). Here, Husband was ordered to pay retroactive | 3 |
2,552 | [
"Provide the missing portion of the US court opinion excerpt:\nrailroad employee, brings this action under FELA, which provides the exclusive remedy for plaintiff in this case. 45 U.S.C. §§ 51, et seq. See Rivera v. Union Pacific jected the argument that FELA is not preempted by the FRSA, based on the analysis that... | ). Thus, the question to be determined is | 4 |
2,553 | [
"Your task is to complete the following excerpt from a US court opinion:\nC.A. No. 16721, mem. op. at 11, 1999 WL 1009210,. Steele, V.C. (Oct. 25, 1999). 45 . Michelson v. Duncan, Del.Supr., 407 A.2d at 224 (quoting Kaufman v. Shoenberg, Del. Ch., 91 A.2d 786, 791 (1952)); see also Saxe v. Brady, Del.Ch., 184 A.2d.... | ). 53 .But, of course, the complaint fails to | 1 |
2,554 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nthan life” where no other sentence-enhancing facts exist). As discussed above, the district court judge operated under the assumption that this statutory provision applied when he informed Lucas of the potential term of imprisonment. Luc... | ). Applying these principles to the present | 1 |
2,555 | [
"Fill in the gap in the following US court opinion excerpt:\nshe had just awakened and was “wrapped in a blanket,” that the encounter lasted approximately seven minutes, and that she believed she had no choice but to consent. Id. at 19-20. Although we emphasize that our ruling is based on a consideration of the tot... | ); Waldron v. United States, 219 F.2d 37, 39 | 0 |
2,556 | [
"In the context of a US court opinion, complete the following excerpt:\nv. Moffet, 233 Minn. 330, 332, 46 N.W.2d 792, 793 (1951). In some situations, the necessary part performance may be established by taking possession and making payment. Formanek v. Langton, 271 Minn. 59, 63-64, 134 N.W.2d 883, 886 (1965). The u... | ). The purchaser must also make valuable | 3 |
2,557 | [
"Your challenge is to complete the excerpt from a US court opinion:\nis a weighing State or a nonweighing State. I would hold that the fact that a State is a nonweighing State may make the possibility of harmful error less likely, but it does not excuse a reviewing court from ensuring that the error was in fact har... | ). Common sense suggests, however, and this | 2 |
2,558 | [
"Complete the following passage from a US court opinion:\nclaim and argued that his constitutional right to due process and fundamental fairness was violated because the sentence he received was different, and more onerous, than the sentence he bargained for with the State. We explained that the defendant’s argumen... | ), we declared that a defendant has a due | 1 |
2,559 | [
"Complete the following excerpt from a US court opinion:\nunder the Fourth Amendment. III. CONCLUSION For these reasons, we hold that probable cause to arrest the appellant did not grow stale. Accordingly, his seizure did not violate the Fourth Amendment, and the circuit court did not err in denyi asive authority t... | ). 8 . On the facts of this case, we need not | 1 |
2,560 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nstates, in pertinent part: “Affirmed by Memorandum. The judgment of the circuit court is affirmed. The appellant, Addie Lee Thomas, appeals her conviction and her subsequent sentence of twenty years’ imprisonment for the murder... | ).” In Harrell v. State, 555 So.2d 263 (Ala. | 4 |
2,561 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\ninterest in the proper application of the election laws being upheld. Plaintiffs argue that appellants’ status as voters is irrelevant because they have suffered no harm that the general public did not suffer. However, this Cou... | ). “[T]he right to vote is an implicit £ | 0 |
2,562 | [
"Your task is to complete the following excerpt from a US court opinion:\nability to use and enjoy the cottages, that limitation was not a deprivation of any property right. The Town’s actions here were all legitimate government actions intended simply to enforce its nuisance ordinances. ■ Such regulatory actions d... | ). By acting to abate what it believed was a | 3 |
2,563 | [
"Please fill in the missing part of the US court opinion excerpt:\nGAJARSA, Circuit Judge. Alejandrino Manangan responds to the issue whether his petition for review should be dismissed. Manangan petitioned this court for review of a Merit Systems Protection Board decision denying his request for a deferred retirem... | ). Manangan argues in his response that his case | 1 |
2,564 | [
"Your challenge is to complete the excerpt from a US court opinion:\nthis hearing on behalf of Claimants and Claimants have not contacted the Court to explain this absence. The Court has since learned that Claimants’ attorney of record is no longer licensed to practice law in the State of Illinois. Claimants were o... | ). Claimants do not cite other prominent | 2 |
2,565 | [
"Your task is to complete the following excerpt from a US court opinion:\n33 . Dissent at 1052. 34 . See Julsen, 741 P.2d at 649 n. 10. 35 . Id. 36 . See Dissent at 1052. 37 . Dissent at 1053. 38 . Borchgrevink, 941 P.2d at 138; see also Julsen, 741 P.2d at 649 n. 10. 39 . Borchgrevink, 941 P.2d at 137; see also Du... | ). 45 . See Burcell v. Burcell, 713 P.2d 802, | 3 |
2,566 | [
"Please fill in the missing part of the US court opinion excerpt:\nwould in itself be unconstitutional or otherwise contrary to criminal or civil statutes.” Doe v. McMillan, 412 U.S. 306, 312-13, 93 S.Ct. 2018, 36 L.Ed.2d 912 (1973) (citation omitted). Before defendants in the instant case can invoke legislative im... | ). Here, Defendants argue that by issuing the | 0 |
2,567 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nparent is poor, uneducated, and without sufficient financial resources to care for her children in the manner the Department deems advisable-” T.C.B. v. Dep’t of Children & Families, 816 So.2d 194, 197-98 (Fla. 1st DCA 2002). Best Interests o... | ). Thus, we REVERSE and REMAND for further | 2 |
2,568 | [
"Your task is to complete the following excerpt from a US court opinion:\nthat it was ready, willing, and able to perform because the contract characterized the deposits as liquidated damages, and a party seeking liquidated damages need not prove actual damages. We are not persuaded. “To bring an action for the bre... | ). Although the contract stipulated the amount | 3 |
2,569 | [
"Provide the missing portion of the US court opinion excerpt:\nexact point in time and circumstances that the deposit may have become refundable, Monroe was not proven to have had the fraudulent intent necessary for embezzlement. Larceny under § 523(a)(4) necessitates a showing that the debtor wrongfully took prope... | ). CONCLUSION The Debtor-Defendant prevails on | 4 |
2,570 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\n471, 476 (6th Cir.2008). In other words, the government must “prove beyond a reasonable doubt that the defendant would have at least attempted to seriously harm or kill the driver if that action had been necessary to complete t... | ). Most frequently, we admit this evidence in | 2 |
2,571 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nDistrict Court Approval). No mention is made of conditional discharge or deferred sentencing in these forms, and no form indicates the possibility of being found not guilty or of having the charges dismissed for any one of the myriad oth... | ); see also People v. Krantz, 58 Ill.2d 187, 317 | 2 |
2,572 | [
"In the provided excerpt from a US court opinion, insert the missing content:\ndevised a scheme to defraud Gron-gie, defendants, and other African Americans by charging higher premiums and systematically depriving them of benefits. (Id. at ¶ 185.) According to defendants, plaintiff effectuated its scheme through a ... | ) (emphasis in original) (quoting Sedima, | 4 |
2,573 | [
"In the context of a US court opinion, complete the following excerpt:\nrestitution was set, the court was required to evaluate an inmate’s individual ability to pay. See State v. Haines, 360 N.W.2d 791 (Iowa 1985) (noting that it is the “reasonable ability to pay” standard which allows § 910.2 to pass constitution... | ). At this second stage of proceedings, the | 2 |
2,574 | [
"Your challenge is to complete the excerpt from a US court opinion:\nand try to keep him from being an interruption to operations.” (Doc. 122-3 at 9). In making this argument, the Plaintiff fails to appreciate that less than one hour before Stanfill was placed in the restraint chair, he had tied a tourniquet around... | ). b. Relation Between Need and Amount of Force | 2 |
2,575 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nunder this section there shall be no authority after September 1, 1959[,] ... (2) to make an award to any person of gratuitous benefits based on any period of military, naval, or air service commencing before the date of commission of th... | ); Zevalkink, supra. However, § 20.1106 provides | 0 |
2,576 | [
"Please fill in the missing part of the US court opinion excerpt:\nCourt is skeptical that section 6 is properly read as broadly as the government urges. But because the matters alleged by the plaintiffs are, as we will discuss, subject to the state secrets privilege, we need not definitively determine the thorny i... | ); Fitzgibbon v. CIA, 911 F.2d 755 | 1 |
2,577 | [
"Complete the following excerpt from a US court opinion:\nis “common knowledge” that Superintendent Rounds is racist. Zamora points to: (1) comments al legedly made by Superintendent Rounds that New Mexico’s Governor (an Hispanic woman) is inept; (2) Rounds’ hiring a man who had authorized a social experiment at a ... | ). Ill The judgment of the district court is | 1 |
2,578 | [
"Please fill in the missing part of the US court opinion excerpt:\npost office box and planned to maintain surveillance over the post office box to determine that Rowland picked up the package. The affidavit also indicated that Rowland had been observed on several occasions collecting his mail from the post office ... | ). Only an oblique reference was made in the | 1 |
2,579 | [
"Provide the missing portion of the US court opinion excerpt:\nage, race and sex discrimination are completely unrelated to Reno’s allegations that she was harassed by Moorer, that Moorer “frequently makes rude, disparaging remarks about women and twists every innocent comment into one with sexual over tones” and t... | ). Nevertheless, Reno argues that the claim of | 0 |
2,580 | [
"Your challenge is to complete the excerpt from a US court opinion:\nargues that because the suicide exclusion in the supplemental policy lacks the specific phrase “whether sane or insane” it is not a valid defense to coverage. PL’s Mem in Supp. at 19. ERISA has no bearing on this question of validity as suicide ex... | ). Because no Virginia case has directly | 1 |
2,581 | [
"Complete the following excerpt from a US court opinion:\nappearing both in the record and in the briefs, we restrict our statement of the underlying facts of the case to facts alleged in TCI’s complaint that do not appear to be disputed by the parties. 2 . Greer v. Spock, it should be noted, did not hold that any ... | ). 3 . The precise basis for the Ninth Circuit’s | 0 |
2,582 | [
"Your task is to complete the following excerpt from a US court opinion:\nis clear for both exchanges. We have an independent obligation to address standing regardless of any position the government has taken in the case. See, e.g., Nat'l Org. for Women, Inc. v. Scheidler, 510 U.S. 249, 255, 114 S.Ct. 798, 127 L.Ed... | ); Matter of Carolin Paxson, 938 F.2d at 598-99 | 2 |
2,583 | [
"In the context of a US court opinion, complete the following excerpt:\nwas transferred back to DCXOM because Defendants wanted to get rid of him. 1. Individual Liability Wilson alleges claims of race discrimination pursuant to Title VII, the ELCRA, and 42 U.S.C. § 1981 against Budco and Raymond. As Wilson conceded... | ); Elezovic v. Ford Motor Co., 472 Mich. 408, | 4 |
2,584 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nan effort to collect on the mortgage loans notwithstanding plaintiffs’ representation by counsel. Countrywide seeks summary judgment as to plaintiff William Croye’s claims in Count IV. Inasmuch as Mr. Croye did not execute the ... | ). Mr. Croye claims that Countrywide telephoned | 1 |
2,585 | [
"Complete the following passage from a US court opinion:\nto be vigilant in the protection of its own interests; that party must bring its action in a timely fashion or run the risk of forfeiting the opportunity to obtain redress. In sum, we are satisfied that the Commission’s view of § 45-2516(e), and its applicat... | ). 2 . Petitioners asserted, “the record shows | 2 |
2,586 | [
"In the provided excerpt from a US court opinion, insert the missing content:\n24.035 motion, however, the alleged Brady violation must be such that it supports a conclusion that the movant would not have pled guilty had he been provided with the undisclosed evidence. 1. Nondisclosure of mere impeachment evidence i... | ). Here, the prior conviction evidence Wallar | 4 |
2,587 | [
"Provide the missing portion of the US court opinion excerpt:\nOPINION AND ORDER HUVELLE, District Judge. On September 27, 1999, a Missouri jury awarded more than $20 million to a plaintiff injured in an August 29, 1997 collision between the vehicle in which she was a passenger and an Amtrak train. Following the ve... | ). At issue here are the requirements of the | 2 |
2,588 | [
"Please fill in the missing part of the US court opinion excerpt:\nstandard to be applied, therefore, it would provide an additional basis for concluding that the Government Defendants are not arrangers under § 9607(a)(3). 278 . Carson Harbor objects that the Partnership Defendants' motion is based on new arguments... | ). 279 . First Amended Complaint, Ex. C, ¶ 4 | 1 |
2,589 | [
"Your challenge is to complete the excerpt from a US court opinion:\nin the Northern District of Georgia in 1990, nothing more. Since Orozco merely repeated the same information known to him when he talked with the government before his sentencing, he is not eligible for a Rule 35(b) motion under the exception for ... | ); Carey, 120 F.3d at 512 (“Whether we agree | 1 |
2,590 | [
"Please fill in the missing part of the US court opinion excerpt:\non behalf of himself and others similarly situated, filed a complaint against Jeffrey G. Lerman and Jeffrey G. Lerman, P.C., (the “Defendants” or “Lerman”), alleging that, while acting in the capacity of debt collector, the Defendants sent him a deb... | ). On or about August 19, 2005, the Defendants | 2 |
2,591 | [
"Fill in the gap in the following US court opinion excerpt:\n& N. Dec. 912, 917-18 & n. 4 (BIA 2006); see also Savchuck v. Mukasey, 518 F.3d 119, 123-24 (2d Cir.2008). Joseph claims that the BIA failed to consider unrebutted evidence of past torture and existing country conditions that are “relevant to the possibil... | ). (Pet. Br. at 22 (Awolesi v. Ashcroft, 341 | 0 |
2,592 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nMOTION FOR REHEARING AND WRITTEN OPINION PER CURIAM. We deny Appellant’s motion for rehearing, but withdraw our previous per curiam opinion dated June 14, 2011, and substitute the following opinion in its place. AFFIRMED. See Santiago v. Stat... | ); accord Barrios-Cruz v. State, 63 So.3d 868 | 3 |
2,593 | [
"Provide the missing portion of the US court opinion excerpt:\nprejudice by his counsel’s failure to submit jury instructions as he did not demonstrate that there was an instructional error or that there was a reasonable probability of a different result had his counsel submitted jury instructions. Moreover, in lig... | ); Pizzuto, 280 F.3d at 968-69 (holding that | 3 |
2,594 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nre Roso), 76 F.3d 179, 181 (8th Cir.1996). We review de novo the district court’s conclusions of law, which include the application of collateral estoppel. See Tudor Oaks Ltd. Partnership v. Cochrane (In re Cochrane), 124 F.3d 978, 982 (... | ); Johnson v. Miera (In re Miera), 926 F.2d 741, | 2 |
2,595 | [
"Complete the following passage from a US court opinion:\nof that State.” Toomer, 334 U.S. at 396, 68 S.Ct. 1156. The Supreme Court has long held that “the pursuit of a common calling is one of the most fundamental of those privileges protected by the Clause.” United Bldg. & Constr. Trades Council of Camden Cnty. &... | ). B. Discrimination on the Basis of Residency | 2 |
2,596 | [
"Your challenge is to complete the excerpt from a US court opinion:\n$5 and costs, conviction reversed); Jones v. Opelika (1942) 316 U.S. 584 [86 L.Ed. 1691, 62 S.Ct. 1231, 141 A.L.R. 514] (selling books without license, reversed) (fine of unstated amount, see Cole v. City of Fort Smith (1941) 202 Ark. 614 [151 S.W... | ). 3 Since Congressman Tunney’s appearance at | 1 |
2,597 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nin employment discrimination cases,” citing Haglof v. Northwest Rehabilitation, Inc., 910 F.2d 492, 495 (8th Cir.1990); Hillebrand, 827 F.2d at 364). Summary judgment is appropriate in employment discrimination cases only in “those rare insta... | ); accord Snow, 128 F.3d at 1205 (“Because | 0 |
2,598 | [
"In the context of a US court opinion, complete the following excerpt:\nJenney’s claim does not necessarily require proof through his conversations with his attorney, the sword and shield doctrine does not apply to waive his attorney-client privilege. Cf. Long v. Murphy, 663 So.2d 1370 (Fla. 5th DCA 1995) (rejectin... | ). Were this court to hold otherwise, it would | 4 |
2,599 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nof service contracts, which' are specifically excluded from Article 2 coverage. Id. at 138. Oklahoma courts have not addressed the issue of whether a software license would constitute a sale of goods; however, Massachusetts has considered the... | ); Andrew Rodau, Computer Software: Does Article | 1 |
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