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4
3,000
[ "Your challenge is to complete the excerpt from a US court opinion:\n110, 113 (1993)). The Court essentially held that even though the action was termed a breach of contract, the action had elements of tort because the plaintiff had to prove that the construction was substandard or negligently performed. Therefore,...
)(citing Theriot v. Midland Risk Ins. Co., 694
0
3,001
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nPolice Dep’t v. United Reporting Publ’g Corp., 528 U.S. 32, 40, 120 S.Ct. 483, 145 L.Ed.2d 451 (1999). For instance, a state law placing conditions on public access to arrestees’ home addresses is not subject to a facial challenge on free spe...
). Though the government may sometimes withhold
4
3,002
[ "Your task is to complete the following excerpt from a US court opinion:\nof section 13-305 of the Consumer Protection Act. The court was notified that the same legal issue was one of several issues that would be subject to the Division’s authority to provide injunctive relief after the determination of the adminis...
). Primary Jurisdiction Additionally, we
3
3,003
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nraise a substantial question regarding the appellant’s guilty plea. United States v. Inabinette, 66 M.J. 320, 322 (C.A.A.F.2008). “By pleading guilty, an accused does more than admit that he [committed] the various acts alleged in a specifica...
). “The factual predicate is sufficiently
0
3,004
[ "Your task is to complete the following excerpt from a US court opinion:\nbound by the rules and regulations in the MHSAA’s handbook. Trail, 163 So.3d at 276. Although the MHSAA is a private, voluntary association, it is uniquely situated due to its substantial entwinement with government. By statute, the local sch...
). In Trail, we recognized that, because student
4
3,005
[ "Your task is to complete the following excerpt from a US court opinion:\nwithout notice, and against all subsequent bona fide purchasers and mortgagees for valuable consideration, not having notice thereof, whose deed shall have been first duly recorded or whose mortgage shall have been first duly recorded or regi...
). As noted previously, with the promulgation of
2
3,006
[ "In the context of a US court opinion, complete the following excerpt:\ntestimony just generally describes the limitation caused by her condition. When asked whether her congenital heart disease causes any restrictions on her day-today activities, Plaintiff responded that she was instructed to “stay off her feet as...
); Ray v. Glidden Co., 85 F.3d 227, 229 (5th
3
3,007
[ "Please fill in the missing part of the US court opinion excerpt:\nthe Board ... shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.”). Given that none of the Board precedents discussing the impact of a public-to-private cha...
). Ill Dean also maintains that the unit of
2
3,008
[ "Please fill in the missing part of the US court opinion excerpt:\nremoval, and relief under the Convention Against Torture (“CAT”). In re Zhiyun Thang, No. A094 798 077 (B.I.A. Apr. 14, 2010), af'g No. A094 798 077 (Immig.CtN.Y.City May 2, 2008). We assume the parties’ familiarity with the underlying facts and pro...
). Additionally, the State Department’s Profile
0
3,009
[ "Please fill in the missing part of the US court opinion excerpt:\nshield to justice.” We find no authority on which to do so and Plaintiff provides us with none. {33} This Court previously indicated, although not specifically addressing an argument concerning conflicting public policies created by the Legislature,...
), rev’d on other grounds by Smialek v. Begay,
2
3,010
[ "Provide the missing portion of the US court opinion excerpt:\nthe knowledge or consent of that owner.” 21 U.S.C. § 881(a)(6) & (7) (brackets conform to subsection (7)). “Innocent owners are those who have no knowledge of the illegal activities and who have not consented to the illegal activities.” United States v....
). The court stresses that the innocence of the
2
3,011
[ "Provide the missing portion of the US court opinion excerpt:\nthat was not his writing. Contrary to Overton’s assertion that the cross-examination was insufficient, Overton’s counsel attacked the alleged broken chain of custody with regard to both the brown paper bag and the envelopes that contained the clippings....
). Second, an expert (Dr. Litman) with whom
2
3,012
[ "Your task is to complete the following excerpt from a US court opinion:\nthe property damage occurred during a Liberty policy period. I. What Constitutes One Occurrence In Lombard v. Sewerage & Water Board of New Orleans, the Louisiana Supreme Court held that, in cases where different parties are damaged by a seri...
). “Under the manifestation theory, insurance
0
3,013
[ "Your challenge is to complete the excerpt from a US court opinion:\nthe division of authority between federal and state governments,’ the inquiries under the Commerce Clause and the Tenth Amendment ‘are mirror images of each other.’ Specifically, the Court noted as follows: “ ‘If a power is delegated to Congress i...
); United States v. Lopez, 2 F.3d 1342, 1346-47
2
3,014
[ "Fill in the gap in the following US court opinion excerpt:\nuntil amended motion for new trial); Short v. State, 995 S.W.2d 948, 953 (Tex.App.-Fort Worth 1999, pet. ref'd)(failure to raise in pari materia claim before trial waives the complaint for appellate review); Haywood v. State, 344 S.W.3d 454, 465 n. 2 (Tex...
). By that time, it was clear the referee had
4
3,015
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nDefendants Heiser and Spencer in both their official and individual capacities. He sued Defendant McClure only in his individual capacity. Defendants filed motions for summary judgment. The district court assumed, solely for the purpose of it...
); Inner City Leasing and Trucking Co. v. City
0
3,016
[ "Please fill in the missing part of the US court opinion excerpt:\nfile additional motions, he may move for extensions of time when necessary. IT IS SO ORDERED. 1 . The Supreme Court has granted certiorari sub nom United States v. Ursery, — U.S. -, 116 S.Ct. 762, 133 L.Ed.2d 707 (1996). 2 . Chevron’s three-factor a...
). Two cases have found that the 1989 case,
1
3,017
[ "Fill in the gap in the following US court opinion excerpt:\nunder § 523(a)(4). Cobham appeals. We review the judgment of a district court sitting in review of a bankruptcy court de novo, applying the same standards of review that were applied in the district court. In re Shangra-La, Inc., 167 F.3d 843, 847 (4th Ci...
). Accordingly, we affirm on the bankruptcy
2
3,018
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nthere is consensus about a starting point. Courts agree that a “market” rate of interest should apply. See Koopmans, 102 F.3d at 874-75; In re Smithwick, 121 F.3d at 214; In re Valenti, 105 F.3d at 63; GMAC, 999 F.2d at 66-67; United Carolina...
); 8 Lawrence P. King et al., Collier on
0
3,019
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nconclude that any of the Reports’ non-g'overnment contributors directly observed the matters that were the subjects of the Reports, or much less had a “duty to report” such observations (as the statute requires). See § 90.803(8), Fla. Stat.; ...
). This case also draws, parallels with
0
3,020
[ "Your task is to complete the following excerpt from a US court opinion:\n12(b)(6) of the Federal Rules of Civil Procedure, the factual allegations in the complaint are accepted to be true for purposes of these motions, and all reasonable inferences are drawn therefrom in favor of plaintiff. Cargo Partner AG v. Alb...
). Therefore, the question is when a plaintiff
2
3,021
[ "Complete the following passage from a US court opinion:\nHowever, Pe-trohawk filed suit against J.P. Morgan, a corporate trustee, and we have already concluded that based on the plain language of section 115.001, any proceeding brought against a trustee falls within section 115.001. Therefore, sections 115.001 and...
). “In seeking mandamus under section 15.0642, a
4
3,022
[ "Provide the missing portion of the US court opinion excerpt:\ncannot be sustained, as the plaintiffs’ complaint is limited by the scope of the EEOC investigation which could reasonably be expected to grow out of the charge of discrimination. Here, the EEOC letter of determination states that the charging party \"a...
), aff’d, 949 F.2d 1162 (11th Cir.1991). The
0
3,023
[ "Complete the following passage from a US court opinion:\ncase, Defendant established legitimate reasons for its actions, and the record does not permit an inference of pretext. See id. (holding that once the employee makes its prima facie showing the burden then shifts to the employer to prove that legitimate reas...
). AFFIRMED. * This disposition is not
1
3,024
[ "In the context of a US court opinion, complete the following excerpt:\nPressure is secondary when its target is some employer other than the one engaged in a labor dispute with the union applying the pressure. To make this distinction, courts inquire into the “object” of a union’s activity. If “the object of the u...
). Intent, therefore, is the first necessary
0
3,025
[ "In the provided excerpt from a US court opinion, insert the missing content:\nto which Buyer has received the professional advilele and expertise of a certified public accountant retained by Buyer. Defendants argue that this provision (the Satisfaction Clause) is sufficient to preclude Plaintiffs from asserting mi...
)'s subsequent approval); Klos, 829 P.2d at
1
3,026
[ "Provide the missing portion of the US court opinion excerpt:\nthat was printed on the reverse side of the Consent Form. Further, although the Consent Form generally allowed defendant to make unilateral changes to any of its policies, the arbitration policy was explicitly excluded from this provision: “I agree and ...
). Because the arbitration agreement is still in
2
3,027
[ "Please fill in the missing part of the US court opinion excerpt:\nclerk’s practice of almost always granting deferrals to jurors who requested them introduced a substantial element of voluntariness into jury service, and meant that the pool of K jurors consisted of individuals who had decided for various reasons n...
). Arguably, then, when the clerk almost always
1
3,028
[ "Please fill in the missing part of the US court opinion excerpt:\nAmendment. Berge alleged that Shatto, Milburn, and Lamack “were all [adequately] involved in this case as well.” Berge was detained three months until charges were dropped. The district court held that Berge failed to state a violation of a constitu...
); Moody v. St. Charles County, 23 F.3d 1410,
2
3,029
[ "In the context of a US court opinion, complete the following excerpt:\nof evidence’ is insufficient to defeat summary judgment.”); Fed. R.Civ.P. 56(c)(1)(A) (\"A party asserting that a fact cannot be or is genuinely disputed must support the assertion by ... citing to particular parts of materials in the record, i...
); Feucht v. Pierce, 2006 WL 3354507 at *4
3
3,030
[ "Your challenge is to complete the excerpt from a US court opinion:\ndecision. C. Whether the RFC accounts for all of Mr. Candelario’s limitations. Mr. Candelario testified that, about one year prior to the June 2002 hearing, he began to need to lie down five or six times a day for up to one hour each time. See Apl...
). Mr. Candelario also takes issue with the
1
3,031
[ "In the provided excerpt from a US court opinion, insert the missing content:\nit effectively reduced the rate of future benefit accruals. Foot Locker submits that the version of ERISA in effect at the time of the challenged notice did not require such disclosure, that any deficiency was cured by subsequent summary...
). This is because insufficient notice in
4
3,032
[ "In the provided excerpt from a US court opinion, insert the missing content:\nany person or the United States from pursuing any other remedy, civil or criminal, which may be available for the vindication or enforcement of any law prohibiting discrimination on account of race, color, religion, sex, national origin ...
). The Eleventh Circuit, meanwhile, applies §
1
3,033
[ "Your objective is to fill in the blank in the US court opinion excerpt:\na union election, explaining that “[t]he plaintiff voluntarily-thrust himself into the controversy- by campaigning for .reelection to the position of secretary-treasurer of Local-526” and that “[i]n the context of a union election campaign, t...
). A California court has taken the further step
0
3,034
[ "Fill in the gap in the following US court opinion excerpt:\nThere must be some “clear indication that the trial court intended the order to completely dispose of the entire case.\" Id. at 205. More specifically, a judgment is final for purposes of appeal when (1) a judgment expressly disposes of some, but not all ...
)', In re Miranda, 142 S.W.3d 354, 357
4
3,035
[ "In the provided excerpt from a US court opinion, insert the missing content:\nthe office during normal business hours. Rev. Breen Deck ¶¶ 22-24. This creates a genuine issue of material fact. See Walsh v. United Parcel Serv., 201 F.3d 718, 726 (6th Cir.2000) (noting that employer’s allowance of medical -leave to o...
). Carr v. Reno, cited by the defendant, is not
4
3,036
[ "Provide the missing portion of the US court opinion excerpt:\nand whether PGM was a party to a fraudulent transfer. ¶ 15 WE CONCUR: PAMELA T. GREENWOOD, Presiding Judge, and RUSSELL W. BENCH, Judge. 1 . PGM also argues that Westchester failed to show that the alter ego and fraudulent transfer issues were fully and...
); Mel Trimble Real Estate v. Monte Vista Ranch,
1
3,037
[ "Please fill in the missing part of the US court opinion excerpt:\n712 F.2d at 135. Thus, the criminal defendants’ Fifth Amendment rights weigh heavily in favor of a stay to avoid prejudice to the other civil parties, especially The Hartford. See Holden Roofing, Inc., 2007 WL 1173634, at *1 (finding that if deposit...
); see also Agran v. City of New York, 95 Civ.
0
3,038
[ "In the provided excerpt from a US court opinion, insert the missing content:\nAbraham-son insists they are distinct companies observing all corporate formalities. (6/29/10 Abrahamson Dec. ¶ 4, 6.) 3 .As discussed below, the Court concludes that transfer of this action is appropriate. Accordingly, the standards for...
); Eggleton v. Plasser & Theurer Export Von
3
3,039
[ "Please fill in the missing part of the US court opinion excerpt:\n985 (3d Cir. 1988). In this case, it is evident that Prive’s injury occurred in the context of Dr. Fabian’s business activities. Clearly if Prive had tripped while in Dr. Fabian’s office, see also Harad, supra at 985, had been exposed to disease bec...
). Accordingly, the exclusion clause in the
1
3,040
[ "In the provided excerpt from a US court opinion, insert the missing content:\nbright line rule designed to exclude the use of state wrongful death statutes for deaths occurring within territorial waters. See, e.g., Moragne, supra, 398 U.S. at 401, n. 15, 90 S.Ct. at 1788 n. 15; Neal v. Barisich, Inc., supra at 866...
); Complaint of DFDS Seaways (Bahamas) Ltd., 684
2
3,041
[ "Provide the missing portion of the US court opinion excerpt:\npublic interest.” Administrative agencies are far better suited than áre courts to make determinations based on the broad policy question of what is in the “public interest.” Third, § 925(c) contains a restriction on the consideration of new evidence by...
); Owen v. Magaw, 122 F.3d 1350, 1354 (10th
2
3,042
[ "Complete the following excerpt from a US court opinion:\nwarnings. Ortho Pharmaceutical Corp. v. Chapman, 388 N.E.2d 541, 553 (Ind. Ct. App. 1979). The court reasoned that the competency of an expert witness has never been limited to only those facts he or she has learned from personal demonstration. Instead, the ...
); Silva v. American Airlines, Inc., 960 F.
1
3,043
[ "Complete the following passage from a US court opinion:\nBankruptcy Act of 1898 provided in relevant part: \"A discharge in bankruptcy shall release a bankrupt from all of his provable debts, whether allowable in full or in part, except such as ... are liabilities for obtaining money or property by false pretenses...
), cert. denied, 488 U.S. 908, 109 S.Ct. 260,
4
3,044
[ "Complete the following passage from a US court opinion:\nmembership dues were actually waived by the Local and that membership status was conferred without any payments. Furthermore, it is clear that the IBT and the Local did not consider or treat the nurses as members since they paid the striking nurses “Out-of-W...
). See also Carbon Fuel Co. v. United Mine
3
3,045
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nwho commits any felony has the requisite mens rea to commit first-degree murder is a legal fiction we no longer can support. In felony murder cases where the felony is a first-degree felony such a presumption is appropriate, but not where the...
); Commonwealth v. Heck, 517 Pa. 192, 535 A.2d
4
3,046
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nafter Wisconsin adopted § 904.085 in 1993, for example, contains an express exception allowing a party to admit evidence of mediation communications for the purpose of “prov[ing] a claim to rescind or reform or a defense to avo...
); Princeton Ins. Co. v. Vergano, 883 A.2d 44,
3
3,047
[ "Complete the following excerpt from a US court opinion:\nSummary Judgment (Doc. 41) is GRANTED IN PART AND DENIED IN PART. Mr. Aubin is entitled to summary judgment on his state law false arrest claim. IT IS FURTHER ORDERED that the Motion to Strike (Doc. 81) is DENIED. IT IS FURTHER ORDERED that the Motion to Dis...
). 2 . Sheriff Ard does not dispute that he is a
0
3,048
[ "Fill in the gap in the following US court opinion excerpt:\n(5th Cir.1968)). With that said, however, revisions in the law of the case occur “very infrequently” when one court is asked to review the decision of a coordinate court. See Perkin-Elmer Corp. v. Computervision Corp., 732 F.2d 888, 900 (Fed.Cir.1984). Al...
); see also Holloway v. State of Ohio, No.
1
3,049
[ "Your task is to complete the following excerpt from a US court opinion:\nRule 29(c)). 9 . 18 U.S.C. § 922(g) states, in relevant part; It shall be unlawful for any person — (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; ... to ship or transport in inte...
). The defense did not challenge the indictment
0
3,050
[ "Please fill in the missing part of the US court opinion excerpt:\nnot limited to claiming an abstract concept or algorithm (i.e., a mental process) may not be subject to the same requirements. 13 . See also Diehr, 450 U.S. at 184, 101 S.Ct. 1048 (\"Industrial processes ... are the types which have historically bee...
); State Street Bank, 149 F.3d at 1373 ("[W]e
4
3,051
[ "Your challenge is to complete the excerpt from a US court opinion:\nThose requirements include: (1) written notice to the parolee of the alleged parole violations, (2) disclosure to the parolee of evidence against him, (3) opportunity to be heard in person and to present witnesses and documentary evidence, (4) rig...
); see also Lanzetta v. Board of Probation and
2
3,052
[ "In the provided excerpt from a US court opinion, insert the missing content:\nmay have led to discovery of admissible evidence, they present no intelligible explanation of how that is so, nor can we detect any; the requests have every indicia of the quintessential fishing expedition.”). Therefore, as Defendant’s s...
) (emphasis in original); Barrington, 2007 WL
3
3,053
[ "Provide the missing portion of the US court opinion excerpt:\nof status because he “lacked both an approved visa petition and an approved labor certification.” (Oct. 8, 2004 BIA Op. at 1.) The BIA found that the IJ did not err in denying the continuance request, and that in light of his failure to establish eligib...
). Therefore, the BIA did not abuse its
0
3,054
[ "Complete the following passage from a US court opinion:\nstudent’s education, “including] the conduct and development of evaluations, eligibility determinations, IEPs, and educational placement.” Michael C. ex rel Stephen C. v. Radnor Twp. Sch. Dist., 202 F.3d 642, 654 (3d Cir.2000). No such proceeding concerning ...
). Moreover, as the Majority acknowledges, there
1
3,055
[ "Provide the missing portion of the US court opinion excerpt:\npromptly. See Def.’s Mem. Ex. H (Memorandum of Counseling, Sept. 7, 2007) at 2. It closed by warning that “[t]his time ... is just a counseling but if this happen[s] again, we will take the appropriate action.” Given that the memorandum itself made clea...
). ii. The September 13, 2007 Meeting with
3
3,056
[ "Your challenge is to complete the excerpt from a US court opinion:\nat 16-17.) He said that common practice in the school district would be to make a referral to MCDJFS after a child had missed a certain number of school days. Mr. Schumacher testified that he could not recall talking to MCDJFS about Timothy at all...
); Ohio Rev.Code § 5153.17. 26 . Plaintiffs also
4
3,057
[ "In the context of a US court opinion, complete the following excerpt:\nproof or admission of an act of dishonesty or false statement by the witness. See Fed. R.Evid. 609(a)(2). Here, the prosecutor used Lester Jones’s prior conviction for misdemeanor possession of marijuana for impeachment. Lester Jones’s narcotic...
). Therefore, the prosecutor’s questioning of
3
3,058
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nprocess to convict a defendant when he is legally incompetent. United States v. Mason, 52 F.3d 1286, 1289 (4th Cir.1995). “Congress has safeguarded this [due process] right by providing that trial courts conduct competency hear...
). Whether such reasonable cause exists,
3
3,059
[ "In the provided excerpt from a US court opinion, insert the missing content:\nYeota Christie contends that she received demands for mortgage payments from several entities that did not have the authority to make such demands: The Bank of New York Mellon, N.A, as Trustee for the CWALT Pass-Through Certificates CWAL...
). Christie’s reliance on the California
0
3,060
[ "Your challenge is to complete the excerpt from a US court opinion:\nas intrusive as that in this case would threaten to swallow the general rule that Fourth Amendment seizurcs are 'reasonable' only if based on probable cause.” Id. at 213, 99 S.Ct. 2248. The Court cautioned that \"detention for custodial interrogat...
). 10 . As to whether the officers could
1
3,061
[ "Complete the following excerpt from a US court opinion:\nserved as its Chief Executive Officer, and sat on its Board of Directors. According to the Fund, Mr. Reynolds actively participated in the day-to-day management of Greystone and made “decisions related to its operations and eventual closure in 2011.” Even ac...
). For example, the Fund asserts in its
3
3,062
[ "Fill in the gap in the following US court opinion excerpt:\nthe existence of that state of facts at the time that the law was enacted must be assumed.”). The judicial deference which must be given to the legislature under “rational basis” review is illustrated by case law. For instance, in Railway Express Agency, ...
); New Orleans v. Dukes, 427 U.S. 297, 96 S.Ct.
1
3,063
[ "Complete the following excerpt from a US court opinion:\noverturned unless no reasonable juror could have found that the govern ment disproved either element of entrapment beyond a reasonable doubt, viewing the evidence in the light most favorable to the prosecution. United States v. Jones, 976 F.2d 176, 180 (4th ...
). Mannar also asserts that the district court
0
3,064
[ "In the context of a US court opinion, complete the following excerpt:\nPersonal Ins. Co., 79 A.3d 1141, 1148 (Pa.Super.Ct.2013) (citations and internal quotation marks omitted). 7 . Id. at 1149 (citations omitted). 8 . Barkes v. First Corr. Med., Inc., 766 F.3d 307, 316 (3d Cir.2014) (citation and internal quotati...
). 13 .There is simply no evidence that the
2
3,065
[ "Your challenge is to complete the excerpt from a US court opinion:\nJackson. Schreiber argues that Daily’s alleged conflict of interest caused Daily’s (and presumably Neary’s) failure to pursue Jackson’s assertion that she was intimidated. Schreiber also alleges eight other grounds that allegedly show Daily was in...
). Schreiber does not establish an adverse
2
3,066
[ "In the context of a US court opinion, complete the following excerpt:\nof lien interests is “first in time is first in right”). Second, even if the trial court had the authority to declare the Association’s lien superior to the mortgage lien as a sanction, the fact remains that the issue of lien priority was never...
). Third, and aside from the fact that no
0
3,067
[ "Fill in the gap in the following US court opinion excerpt:\nof the estoppel depends on “the inferences that may reasonably be drawn from the amendment.” Id. at 1840, 62 USPQ2d at 1712. A patentee is not barred from asserting “equivalents unforeseeable at the time of the amendment and beyond a fair interpretation o...
); Southwall, 54 F.3d at 1583, 34 USPQ2d at 1682
2
3,068
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nThe appeals system had been set up specifically to deal with a dispute over an individual’s entitlement to disability benefits. See id. at 424-26. Not all of Appellant’s allegations serving as a basis for his Bivens claim involve individual a...
); Western Center for Journalism, v. Cederquist,
3
3,069
[ "Provide the missing portion of the US court opinion excerpt:\nCarlson v. State, 798 P.2d 1269, 1274 (Alaska 1990) (“[License fees which discriminate against nonresidents sere-prima facie a violation of [the Privileges and Immunities Clause].”). Further, an unbroken line of authority characterizes commercial fishin...
); Tangier Sound Waterman’s Ass’n v. Pruitt, 4
1
3,070
[ "In the context of a US court opinion, complete the following excerpt:\ntrial court entered a summary judgment in favor of the defendant attorneys on the counts premised on the alleged breach of the Disciplinary Rules. In affirming the summary judgment, this Court stated: “The Alabama courts, state and federal, hav...
); Baker v. Baker, 862 So.2d 659, 663
2
3,071
[ "Provide the missing portion of the US court opinion excerpt:\nto the Petitioning Creditor. Despite this acknowledgement, this Court finds the Instant Memo to be insufficient to prove the existence of an enforceable contract because it makes no reference to the essential terms of whatever loan agreement that may ex...
). For example, the Instant Memo makes no
4
3,072
[ "In the context of a US court opinion, complete the following excerpt:\nof some or all of the factual elements of the offense charged. As in Po-ohina, the District Court’s sua sponte dismissal of the charges was not based on a decision on the merits of the case or a decision as to the guilt of Clemente. Instead, th...
); State v. Calhoun, 18 Ohio St.3d 373, 481
3
3,073
[ "Complete the following excerpt from a US court opinion:\nthe employer need not persuade the court that the proffered reason was the actual reason for its decision.” Tarshis v. Riese Org., 211 F.3d 30, 36 (2d Cir.2000). Finally, after the employer justifies its action, the burden of production shifts back to the pl...
). Because the PPR downgrade may lead to
1
3,074
[ "In the context of a US court opinion, complete the following excerpt:\npresented for our consideration concern attorney’s fees and costs and whether the trial court erred in failing to reserve jurisdiction over the charging lien filed by the Former Wife’s counsel. We affirm the amended final judgment with the foll...
); see also Zuberer v. Zuberer, 28 So.3d 993,
3
3,075
[ "Complete the following excerpt from a US court opinion:\nDPUC’s rules will deprive Berkshire of the claimed rights that it seeks to protect. While Berkshire remained an applicant, the DPUC’s rules realistically threatened to harm Berkshire’s rights or interests as an operator; now that Berkshire is no longer an ap...
). We disagree. First, Berkshire points out that
4
3,076
[ "In the context of a US court opinion, complete the following excerpt:\nthe brief of a pro se appellant, Yohey v. Collins, 985 F.2d 222, 225 (5th Cir.1993), and thus read Hulsey's brief to argue that Owens and Green are not immune from suit or liability for damages. 2 . Heck v. Humphrey prevents an action for damag...
). Consequently, the statute of limitations on
1
3,077
[ "In the provided excerpt from a US court opinion, insert the missing content:\nand Seizure: A Treatise on the Fourth Amendment § 9.2(a) (5th ed. 2012) (discussing Terry as permitting a stop or seizure when an officer reasonably suspects a person has committed, is committing, or is about to commit a crime). As noted...
). We are persuaded that the seizure and limited
2
3,078
[ "Provide the missing portion of the US court opinion excerpt:\nRoberts but before Crawford, the Supreme Court expressly relied on Roberts. The Court reasoned that “the co-conspirator exception to the hearsay rule [Fed.R.Evid. 801(d)(2)(E) ] is firmly enough rooted in our jurisprudence that, under this Court’s holdi...
); Davis v. Washington, 547 U.S. 813, 821, 126
2
3,079
[ "In the provided excerpt from a US court opinion, insert the missing content:\nreport falls into this category, then the 21-day deadline to object to the report was never triggered, and the trial court was required to dismiss Haskell’s suit. See Tex. Civ. Prac. & Rem.Code Ann. § 74.851(b) (requiring claim against d...
). If there are multiple defendants in a suit,
4
3,080
[ "Complete the following excerpt from a US court opinion:\nrights,” not determinative.) [original emphasis]. Numerous decisions support this Court’s conclusion that the defendant’s waiver was not knowingly and intelligently made. See, e.g., Tennell v State, 348 So.2d 937 (Fla. 2d DCA 1977) (only interrogating police...
), rev. denied, 430 So.2d 452 (Fla. 1983); State
4
3,081
[ "Please fill in the missing part of the US court opinion excerpt:\nthe victim of a crime prevents a sentencing court from ordering restitution. The other circuits, however, have generally held that “a release by the victim does not preclude or cap restitution of losses as part of criminal sentencing in a case where...
); United States v. Hairston, 888 F.2d 1349,
1
3,082
[ "Provide the missing portion of the US court opinion excerpt:\nnot testify as a nonexpert fact witness about what he did and directly observed during the reenactment. Relying on several out-of-state cases, the court concluded that the relevant legal inquiry for admissibility of reenactment evidence generally is whe...
). Even allowing for additional evidence offered
0
3,083
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nthe same argument in the context of the Exemption 6 inquiry above. See Section III. B.l, supra (collecting cases and explaining that individuals do not lose their privacy interests simply because they are known to the public). ...
). Accordingly, the Court finds that Plaintiff
2
3,084
[ "Complete the following excerpt from a US court opinion:\nthe structure of drug trafficking organizations and the role of drug couriers. Cira testified that a drug distributor would not have allowed the quantity of drugs in this case out of his control, and that, in his experience, he had never encountered a courie...
). Martinez also contends admission of the
0
3,085
[ "Your challenge is to complete the excerpt from a US court opinion:\n§ TR 16-205.1. See Motor Vehicle Admin. v. Shepard, 399 Md. 241, 255, 923 A.2d 100 (2007) (“The purpose of [TR § 16-205.1 ] was to reduce the incidence of drunk driving and to protect public safety by encouraging drivers to take alcohol concentrat...
). Therefore, we conclude that the court erred
4
3,086
[ "Please fill in the missing part of the US court opinion excerpt:\nit, upon whom the onus of proof is imposed.’ ”). A fact is “material” for purposes of summary judgment when proof of that fact would establish or refute an essential element of the claim or a defense advanced by either party. Kendall v. Hoover Co., ...
). However, “[t]he burden of persuasion created
3
3,087
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nin accordance with another provision of this code. See Act of May 10, 2001, 77th Leg., R.S., ch. 290, § 1, 2001 Tex. Gen. Laws 548, 548-51 (repealed and recodified 2003) (current version at Tex. Ins. Code Ann. §§ 541.051-.061). 9 . See, e.g.,...
); Alaniz v. Hoyt, 105 S.W.3d 330, 339-40
3
3,088
[ "Provide the missing portion of the US court opinion excerpt:\nStates v. Comstock, 551 F.3d 274 (4th Cir.2009) (“Comstock I”). In 2007, a district court in this Circuit struck down the commitment scheme of § 4248 on two constitutional grounds: that (1) Congress lacked the authority to enact § 4248; and (2) § 4248’s...
). The Court remanded for an assessment of the
0
3,089
[ "Your challenge is to complete the excerpt from a US court opinion:\ndistrict courts should handle motions by the government to reconsider suppression orders. When the government seeks reconsideration of a suppression order based on a new legal argument or evidence, the Eleventh and D.C. Circuits require the govern...
). On the other hand, the Second, Fifth,
4
3,090
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nappears to be no major gender difference in the overall frequency of Delusional Disorder. American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR) (2000)...
); Bigby v. State, 892 S.W.2d 864, 870
4
3,091
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\ndid not file a return to this motion. The trial court granted the motion to alter or amend, finding the district court decision was binding on all parties to this action. It vacated the consent judgment and restored the case to...
); Anglin Stone v. Curtis, 146 N.C.App. 608, 553
2
3,092
[ "Please fill in the missing part of the US court opinion excerpt:\nTo be actionable as fraud in Illinois, a “misrepresentation” must contain the following elements: (1) it must be a statement of material fact, as opposed to opinion; (2) it must be untrue; (3) the party making the statement must know or believe it t...
). Orion’s live pleadings allege that UOP’s
0
3,093
[ "Your objective is to fill in the blank in the US court opinion excerpt:\nbeing discharged. See NRDC v. EPA 822 F.2d 104,108. (D.C.Cir.1987); see also Waterkeeper All., 399 F.3d at 498 (discharge allowed “where ... permits ensure that every discharge of pollutants will comply with all applicable effluent limitation...
). In determining the standard for TBELs, EPA
0
3,094
[ "Complete the following passage from a US court opinion:\nthat: Notwithstanding any other provision of law ... no term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment imposed on the person, including any term of imprisonment imposed for the crime ...
). A defendant may be convicted of multiple §
0
3,095
[ "In the provided excerpt from a US court opinion, insert the missing content:\nevade review. DEQ begins by observing that some federal courts have adopted a “rule of thumb” that two years is an adequate time to obtain a final judicial decision on a challenge to a federal administrative agency order. See, e.g., Fund...
); Montgomery Environmental Coalition v. Costle,
4
3,096
[ "Complete the following excerpt from a US court opinion:\n717 (1910). In all of those situations, the conduct at issue occurred before a specific risk had been identified; the risk at issue was the inherent danger of gas or electricity. Here, in contrast, the risk at issue was not the inherent danger of mulch, but ...
). In Stewart, the SJC also held that expert
2
3,097
[ "In the given US court opinion excerpt, provide the appropriate content to complete it:\nafter conviction,” and (3) “multiple punishments for the same offense.” Ohio v. Johnson, 467 U.S. 493, 498, 104 S.Ct. 2536, 81 L.Ed.2d 425 (1984) (citing Brown v. Ohio, 432 U.S. 161, 165, 97 S.Ct. 2221, 53 L.Ed.2d 187 (1977)); ...
). “As a general rule, jeopardy attaches in a
2
3,098
[ "Complete the following passage from a US court opinion:\nAlan Pardofigueroa appeals from the district court’s judgment and 27-month sentence imposed following his guilty-plea conviction to Conspiracy, in violation of 18 U.S.C. § 371, Fraud and Misuse of Documents, in violation of 18 U.S.C. § 1546(a), and False Sta...
). Pardofigueroa also contends that the district
4
3,099
[ "In the context of a US court opinion, complete the following excerpt:\nCare Servs. v. Dobos, 380 So.2d 516, 518 (Fla.Dist.Ct.App.1980) (referring to rule as the “officious intermeddler doctrine”). In certain circumstances, however, restitution for services performed will be required even though the recipient did n...
). 2. Application of law to facts. The district
2