id int64 0 3.55k | input_options listlengths 5 5 | output stringlengths 11 48 | gold_index int64 0 4 |
|---|---|---|---|
800 | [
"Fill in the gap in the following US court opinion excerpt:\nlikely to cause material harm to the defendant’s right to a fair trial.” Id., at 8. It further pointed out that the news media in that case had been allowed access to materials considered in connection with a motion for summary judgment and that this was ... | ). In doing so, the Court stressed that (unlike | 0 |
801 | [
"Your challenge is to complete the excerpt from a US court opinion:\nin addressing jury questions. But we know that “analytically correct” answers to a jury may unnecessarily — and improperly — influence a jury. See Arizona v. Johnson, 351 F.3d 988, 994 (9th Cir.2003); see also id. at 994-98 (discussing cases). Fur... | ); United States v. Frazin, 780 F.2d 1461, 1469 | 4 |
802 | [
"Your task is to complete the following excerpt from a US court opinion:\nciting Miranda v. Arizona, 384 U.S. 436, 474 (1966); Commonwealth v. Brant, 380 Mass. 876, 882, cert. denied, 449 U.S. 1004 (1980). Any statements obtained in violation of this precept are presumed involuntary, unless the suspect himself init... | ). Neither “a mere inquiry regarding the need | 2 |
803 | [
"Provide the missing portion of the US court opinion excerpt:\nCir.1985) (interpreting a provision insuring against embezzlement and employee fraud in the subrogation context); First Nat’l Bank of Fort Walton Beach v. U.S. Fid. & Guar. Co., 416 F.2d 52, 57 (5th Cir.1969) (interpreting a provision requiring the bank... | ). The bond itself does not define the term. The | 2 |
804 | [
"Complete the following passage from a US court opinion:\nthe eases were tried.” Id. at 317, 277 P.3d at 1042. Cabina-tan’s ease was tried months before Cabagbag was decided. Therefore, we examine Cabi-natan’s claim under the ^re-Cabagbag standard. Under the pve-Cabagbag standard, ‘“we must examine all aspects of t... | ). Here, we cannot say that the arguments of | 4 |
805 | [
"Your challenge is to complete the excerpt from a US court opinion:\nweave through the labyrinth of criminal statutes, administrative code provisions, and not-yet-codified agency rules is inconsistent with the “process” our Founding Fathers believed we were due before being charged with criminal offenses. No person... | ). [19]We distinguish our holding here from | 1 |
806 | [
"Your task is to complete the following excerpt from a US court opinion:\ninsurance carriers mentioned in section 14 are the confidential communications with Horizon’s legal counsel and Horizon’s insurance carriers referred to in section 3.10. Under the plain meaning of the contract between Aon and Horizon, Aon is ... | ); Ramco Oil & Gas Ltd. v. Anglo-Dutch (Tenge) | 2 |
807 | [
"Complete the following passage from a US court opinion:\nPetitioner’s claim that his sentence violated his due process rights. III. EiToneous Factual Basis for Sentencing Petitioner next contends that his sentence was based, in part, on an erroneous understanding of the facts. Specifically, Petitioner asserts that... | ). In such a circumstance, the court may only | 1 |
808 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\ngiven multiple opportunities to do so. 2 . In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc), this Court adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to close of business ... | ). 4 . Contrary to Sanders' contention, the | 3 |
809 | [
"In the context of a US court opinion, complete the following excerpt:\nNor is there any indication that Diatek intended to be bound by any particular offer prior to finalizing the contracts on September 14, 2001. Jon Wilson, who engaged in talks with potential distributors during the summer of 2001, characterized ... | ). Wilson’s characterization places his talks | 0 |
810 | [
"Provide the missing portion of the US court opinion excerpt:\nbring an individual action under § 1132(a)(3). See 516 U.S. 489, 116 S.Ct. 1065, 134 L.Ed.2d 130 (1996). Although Varity interpreted § 1132(a)(3) to authorize individual suits, its holding is not as broad as Wilson contends. The Supreme Court ruled that... | ). Thus, even if Wilson amended Count V, he | 3 |
811 | [
"Fill in the gap in the following US court opinion excerpt:\nof devices with whom one communicates. Nor does it raise novel issues distinct from those long since resolved in the context of telephone communication, with which society has lived for the nearly forty years since Smith was decided. Like telephone compan... | ); Christie, 624 F.3d at 573 (holding that there | 2 |
812 | [
"Fill in the gap in the following US court opinion excerpt:\n931 F.2d 554, 557 (9th Cir.1991); Stanley v. United States, 140 F.3d 1023, 1027 (Fed.Cir.1998) (dicta); Bilzerian v. United States, 86 F.3d 1067, 1069 (11th Cir.1996) (per curiam) (dicta); Clark v. United States, 63 F.3d 83, 87 (1st Cir.1995) (dicta); O'B... | ); cf. IRC § 6211 (counting (presumably | 4 |
813 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\ndisclosure of its content and by failing to provide adequate notice and a meaningful opportunity to respond. We apply the balancing test set forth in Mathews v. Eldridge, 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976). See California ex rel... | ). Under the Mathews balancing test, we “must | 0 |
814 | [
"In the provided excerpt from a US court opinion, insert the missing content:\ninto at Plaintiffs urging. Lastly, Plaintiff does not allege, nor do the facts suggests the existence of fraud or undue influence at the time the Agreement was drafted and signed. After considering all the relevant factors, this Court co... | ), See also Hoffman v. Burroughs Corp., 571 | 3 |
815 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nalso explained herein. 7 . The Court considers Plaintiffs’ allegations of a Fifth Amendment right to privacy as analogous and indistinguishable from the courts have recognized as a Fourteenth Amendment right to privacy. See Fla... | ). However, the freedom to enter into | 3 |
816 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nthat costs were unreasonable. See, e.g., Kern County v. Ginn, 194 Cal. Rptr. 512, 516 (1983); Horner v. Marine Eng’r’s Ass’n., 1 Cal-Rptr. 113, 117 (1959). TCW has failed to demonstrate that the deposition in question was not r... | ). The Ninth Circuit has never, however, stated | 1 |
817 | [
"Complete the following excerpt from a US court opinion:\nthe Eighth Circuit held that the state law claims were indeed preempted by ERISA, reasoning that the plaintiffs’ claims all relied on Mr. Kuhl’s status as a beneficiary under the employer’s health benefits plan and arose from the administration of benefits u... | ). 4. Plaintiffs’ State Law Claims Initially, we | 1 |
818 | [
"Fill in the gap in the following US court opinion excerpt:\nof “disposal” is “clear,” 3550 Stevens Creek Assocs., 915 F.2d at 1362, whether the definition includes passive soil migration is an issue of first impression in this circuit. Other circuit courts have taken a variety of approaches. Those opinions cannot ... | ), and United States v. CDMG Realty Co., 96 F.3d | 0 |
819 | [
"Your challenge is to complete the excerpt from a US court opinion:\nof cool reflection.” Tex. Penal Code Ann. § 19.02(a)(1); see also Hernandez, 127 S.W.3d at 211. Sudden passion must arise at the time of the offense and cannot result solely from former provocation. Hernandez, 127 S.W.3d at 213. Neither ordinary a... | ); Trevino v. State, 157 S.W.3d 818, 822 n. 4 | 3 |
820 | [
"Complete the following passage from a US court opinion:\nmust show that the class of plaintiffs is so large that joinder of all members would be “impracticable.” In re Federal Skywalk Cases, 680 F.2d 1175, 1178 (8th Cir.1982). Plaintiffs allege Defendants engaged in a national scheme to illegally fix the wholesale... | ); see generally 4 Herbert B. Newberg & Alba | 3 |
821 | [
"Complete the following excerpt from a US court opinion:\n“Mere ‘knowledge of the acts alleged to constitute infringement’ is not sufficient.” Id. at 1368 (quoting DSU Med. Corp. v. JMS Co., 471 F.3d 1293, 1305 (Fed. Cir. 2006)). In establishing the predicated direct infringement, a patentee need not present direct... | ). For example, “use of instruction manuals [may | 3 |
822 | [
"Your task is to complete the following excerpt from a US court opinion:\n6 (1998). According to Kansas case law the generally accepted meaning of an accident is “an undesigned, sudden, and unexpected event, usually of an afflictive or unfortunate character, and often accompanied by a manifestation of force.” Harri... | ); Maryland Casualty Co. v. Mike Miller | 4 |
823 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nhave moved for summary judgment does not permit the entry of a summary judgment if disputes remain as to material facts. However, cross motions for summary judgments do authorize the court to assume that there is no evidence wh... | ). “The district court has discretion to go | 0 |
824 | [
"Provide the missing portion of the US court opinion excerpt:\nCURIAM. Opal Coleman appeals from an order of the District Court for the Eastern District of Arkansas granting summary judgment in favor of the Arkansas Department of Correction, Varner Unit (ADC), in her Title VII action alleging discrimination and con... | ). Accordingly, we affirm the judgment of the | 4 |
825 | [
"In the context of a US court opinion, complete the following excerpt:\n“regardless of whether the respondent has been tried, acquitted, or convicted in a court for the alleged criminal offense.” This language makes it clear that a disciplinary violation premised on a violation of law is separate from the initiatio... | ); Fla. Bar v. Barley, 881 So.2d 163, 169 | 1 |
826 | [
"Please fill in the missing part of the US court opinion excerpt:\nhave shown that he signed in at his housing unit before proceeding to the canteen; therefore, it would have rebutted the librarian’s statement that Mitchell was at the canteen instead of checking in at his assigned housing unit. Due process requires... | ); of. Grossman v. Bruce, 447 F.3d 801, 805 | 1 |
827 | [
"Your task is to complete the following excerpt from a US court opinion:\nHospital, 911 F.Supp. 1213, 1221 (W.D.Mo.1995), aff’d, 69 F.3d 260, 269-70 (8th Cir.1995)(“[o]nee a relevant market has been established, the Court must next determine whether the proposed consolidation will have anti-competitive effects”). P... | ); Department of Justice and Federal Trade | 3 |
828 | [
"Fill in the gap in the following US court opinion excerpt:\n” Id. at 1079 (quoting Pilot Life, 481 U.S. at 52, 54, 107 S.Ct. 1549). Therefore, a state law is preempted if it adds to the judicial remedies available under ERISA. Id. (citing Rush Prudential, 536 U.S. at 379, 122 S.Ct. 2151). The Kentucky Act essentia... | ). By comparison, ERISA limits plaintiffs | 1 |
829 | [
"Complete the following passage from a US court opinion:\nowed to a governmental unit. 341 B.R. at 50. However, that bare restatement of the rule in § 1322(a)(4) does not help determine the meaning of “owed directly to or recoverable by a governmental unit.” In fact that was not even the question presented in Sande... | ). Thus, Sanders does not illuminate the | 2 |
830 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nnot only because of the form, but also, because it is an appearance by a corporation, and not the work of an attorney. This court has held that because Rule 7, of the Texas Rules of Civil Procedure, applies only to individuals, a corpora... | ). Appellant’s first point of error is | 2 |
831 | [
"Fill in the gap in the following US court opinion excerpt:\nat the time of death of [a] loved one.” In the case of Mrs. Gendek, the condition has caused the onset of major depression “with characteristics of recurrent crying spells, feelings of self-reproach, [and] impairment of concentration.” As for Mr. Gendek, ... | ). Our cases also recognize indirect claims for | 3 |
832 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nthis argument is without merit. We have recognized that an IJ need not first identify the particular pieces of missing, relevant evidence, and show that this evidence was reasonably available to the applicant before relying on a lack of corro... | ); Xue Hong Yang v. U.S. Dep’t of Justice, 426 | 4 |
833 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nv. Texas Dept. of Criminal Justice-Institutional Division, 33 S.W.3d 338, 341 (Tex.App.-Texarkana 2000, pet. denied). Given that Section 501.008 of the Government Code precludes an inmate from filing suit until he has exhausted... | ). If the inmate does not file his suit within | 0 |
834 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nor motive.’ ” Duggan v. State, 285 Ga. 363, 366 (677 SE2d 92) (2009) (citing Tome v. United States, 513 U. S. 150, 158 (115 SCt 696, 130 LE2d 574) (1995)). “ ‘If the statement was made later, proof of the statement does not ass... | ). See also Moon v. State, 288 Ga. 508, 511-512 | 1 |
835 | [
"Provide the missing portion of the US court opinion excerpt:\ndeclined to provide a breath sample. At some point during or after the booking process, appellant complained of chest and wrist pain, so the police called for an ambulance. The trial court found appellant guilty of DWI, and this appeal followed. Suffici... | ). Our review of “all of the evidence” includes | 0 |
836 | [
"Your challenge is to complete the excerpt from a US court opinion:\nstate habeas court’s findings of fact were objectively unreasonable. We assume arguendo, that the district court concluded, for the six reasons it gave, that they were not objectively reasonable. 6 . See, e.g., Patton v. Yount, 467 U.S. 1025, 1038... | ). Again, Rivas is not precedential but is | 0 |
837 | [
"Your challenge is to complete the excerpt from a US court opinion:\nMut. Fire Ins. Co., 188 F.3d 218, 223-24 (4th Cir.1999) (“[Sjervice of process is not legally defective simply because the complaint misnames the defendant in some insignificant way.”). Technical defects in the form of the summons and the complain... | ); Freeman v. Freeman, 2002 WL 539061, at *1 n. | 2 |
838 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\ndard or limitation that Esso is allegedly violating under CWA. The CWA provides that a civil action may be brought against anyone “alleged to be in violation of [¶]... ] an effluent standard or limitation of this chapter.” See 33 USC 1365(a)(... | ); Rivera Torres, 826 F.2d at 154-55 (citing | 2 |
839 | [
"Your task is to complete the following excerpt from a US court opinion:\nrefusal was not triggered.” Id. at 408. The same is true of the transfer of the Share from the Partnership to the LLC. There was no meaningful change in control of the property. There was no desire to sell, no bona fide offer or purchase, nor... | ); Wallasey Tenants Ass’n v. Varner, 892 A.2d | 4 |
840 | [
"Please fill in the missing part of the US court opinion excerpt:\nis that any person — may it be a parent, school system employee, or concerned citizen while on school premises or a school bus — who dares to speak critically to school officials at any time in the presence of minors must leave the premises when so ... | ). Decided October 31, 2016. Jason R. Clark; | 1 |
841 | [
"Your task is to complete the following excerpt from a US court opinion:\nAbility to Perform, Job With or Without Accommodation Gil claims that in spite of his impaired vision, “he was at all times during his employment with Vortex, able to perform the essential functions of his job.” Compl. ¶ 46. Vortex does not d... | ). Gil responds “that there is no need for [him] | 1 |
842 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nthe trial court is properly presented to this Court. Because we find the trial court exceeded its jurisdiction with respect to the permanent injunction and the order was interlocutory with respect to the preliminary injunction, we vacate... | ). “[Where] the judgment entered [is] beyond the | 0 |
843 | [
"Complete the following passage from a US court opinion:\nof the Court may be viewed as the position taken by those Members who concurred in the judgments on the narrowest grounds.\" Marks v. United States, 430 U.S. 188, 193, 97 S.Ct. 990, 993, 51 L.Ed.2d 260 (1977) (citation and internal quotation marks omitted). ... | ). We agree, and apply Williams accordingly. [¶ | 3 |
844 | [
"Your task is to complete the following excerpt from a US court opinion:\nbut seeks a review and reversal of the bankruptcy court’s summary judgment. But see In re Rodriquez, 258 F.3d at 759 (finding the appeal moot because the appellant was challenging the sale of property from the bankruptcy estate where there wa... | ). However, obtaining money damages equal to the | 2 |
845 | [
"Your challenge is to complete the excerpt from a US court opinion:\ndirection and discretion of the child's parents.\"); of CCRS, 892 P.2d at 258 (comparing cases from other jurisdictions, in which babysitters or temporary caregivers were determined not to have \"physical custody\" of a child, with case of the pro... | ). { 11 For example, in EZ.L.M.C., the partner | 4 |
846 | [
"Complete the following excerpt from a US court opinion:\nAlthough public policy arguments are not resolved by juries, they require that the court understand what happened to a plaintiff, a question only answered after a. judge has heard evidence detailing the circumstances that resulted in an injury. See Lodge, 24... | ). There is no public policy exemption | 2 |
847 | [
"Please fill in the missing part of the US court opinion excerpt:\nWhen a complaint seeking review of governmental action is combined with one or more counts alleging causes of action that are independent of the court’s review of the governmental action, the court will be called upon to act in two distinct capaciti... | ); Saucier, 1998 ME 61, ¶ 6, 708 A.2d at 283 | 3 |
848 | [
"Please fill in the missing part of the US court opinion excerpt:\nviolated the Ind. Rules of Professional Conduct and is against public policy. Finally, Appellants argue that, even if only the March 2002 event is covered by the Engagemen f the Farm Account in 1997 and the distribution to Beverly and termination of... | ). For the foregoing reasons, we affirm in part | 0 |
849 | [
"Complete the following passage from a US court opinion:\nhelp establish the existence of an unconstitutional practice or custom — cannot be readily deduced from simply reading the definition of practice or custom in Model Instruction 9.4. See Model Instruction 9.4 (“ ‘Practice or custom’ means any permanent, wides... | ). Further, by stating that a practice or custom | 3 |
850 | [
"Your challenge is to complete the excerpt from a US court opinion:\naddress was defendant’s usual place of abode, where defendant received all his mail at father's address, listed father’s address on accident report, defendant's insurance company maintained defendant’s address as that of his father, and address li... | ), trans. denied. If service of process is not | 3 |
851 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nto move for the exclusion of time, it argues that this failure did not contribute to the delay. Instead, the government contends that Koerber caused the delay in January 2011 by requesting (and receiving) an indefinite pretrial... | ). In addition, “defense responsibility for | 2 |
852 | [
"Provide the missing portion of the US court opinion excerpt:\ndefendants also say that the prosecution presented false evidence to the grand jury in order to secure an indictment. We have reviewed the evidence and conclude that there is no evidence to indicate that the government’s testimony and evidence before th... | ) Post-Indictment The second argument focus on | 4 |
853 | [
"Complete the following excerpt from a US court opinion:\ndid have a prepetition legal interest in that case. At the time of bankruptcy, § 172 of the Internal Revenue Code gave the debtor a claim for a tax refund if certain conditions were met. It was the combination of the law and the conditions made legally relev... | ). Here, by contrast, Burgess suffered the crop | 1 |
854 | [
"Provide the missing portion of the US court opinion excerpt:\n(emphases added). Thus, contrary to Vester’s contention on appeal, the United States Supreme Court has made a clear distinction between “uncounseled” convictions, and those that were secured with “ineffective” counsel. Accordingly, Yester’s claim that h... | ). Although the Custis decision concerned the | 2 |
855 | [
"Fill in the gap in the following US court opinion excerpt:\nonly if “the guideline range applicable to that defendant has subsequently been lowered as a result of an amendment to the Guidelines. ...” U.S.S.G. § 1B1.10(a)(1) (emphasis added). The central dispute in this appeal is the meaning of “applicable to” and ... | ). Specifically, Application Note 1(A) clarifies | 4 |
856 | [
"Complete the following passage from a US court opinion:\npayment. Indeed, payments to the plaintiff do not “suggest! ] ... affirmative misconduct,” which is “a prerequisite to a finding of estoppel against the United States.” Conax, 824 F.2d at 1131 (rejecting the plaintiffs assertion that the government was estop... | ); see also American Sav. v. Bell, 562 F.Supp. | 3 |
857 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nwhere the rights of employees may be vindicated to the fullest extent possible under our workers’ compensation statutory scheme. For example, in Pro-Football, Inc. v. McCants, a player on the roster of the Washington NFL footba... | ). Although significant differences exist | 4 |
858 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nEd., Charleston Reorganized School Dist. No. 1, 599 S.W.2d 254, 255-56 (Mo.App.1980). There is no requirement, however, that any board member actually sign the written decision. See Willis v. School Dist. of Kansas City, 606 S.W.2d 189, 196 (... | ); Willis, 606 S.W.2d at 196 (holding that the | 4 |
859 | [
"In the context of a US court opinion, complete the following excerpt:\ninjury, sickness, or disease. The Penn National policies contain no language requiring the cause of injury to be identifiable before coverage is triggered. Our interpretation of the Penn National policies is confirmed by comparable cases applyi... | ). In these cases, there was no potential for an | 0 |
860 | [
"Your task is to complete the following excerpt from a US court opinion:\nhowever, refiners that sold oil to plaintiff were required to pay a tax on that oil because plaintiff was not registered as a producer with the IRS. During that period plaintiff paid refiners approximately $178,-000 in costs attributable to t... | ). While it is not disputed that plaintiff lost | 2 |
861 | [
"Please fill in the missing part of the US court opinion excerpt:\nhowever, that private contractual arrangements are not subject to constitutional requirements of objective standards. Id. 20. In the private sector, standards of reasonableness are commonly applied or implied which take into account the facts and th... | ). 21. Although New Mexico has never dealt | 1 |
862 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nthis Lawsuit? Our conclusion that the D’Oench doctrine has not been preempted by statute is reinforced by an examination of Motorcity’s argument that §§ 1821(d)(9)(A) and 1823(e)(1) are inapplicable because Motorcity repaid its loan to Southe... | ); Inn at Saratoga Assocs. v. FDIC, 60 F.3d 78 | 1 |
863 | [
"In the context of a US court opinion, complete the following excerpt:\ndefendant, plaintiff has failed to establish that he filed a refund claim for the second quarter of 1988, as required before filing a suit for refund. Def.’s MTD at 7; see I.R.C. § 7422(a). In his objection to defendant’s motion to dismiss, pla... | ); I.R.C. § 6532(a)(4) (“Any consideration, | 2 |
864 | [
"Your task is to complete the following excerpt from a US court opinion:\nwhen, under a Rule 12(b)(6) motion, the Court might well conclude that Rodrigues had failed to state a claim because he has not alleged that Pacheco had notice of the charge or an opportunity to conciliate. The Court need not resolve this dif... | ), an employee is not foreclosed, under | 2 |
865 | [
"In the context of a US court opinion, complete the following excerpt:\nare given, a remand is presumed to be general. Moore, 131 F.3d at 598. Upon limited remand, the district court in Jeross was not required to “begin anew,” and thus could rely upon the procedural rights provided to the defendants prior to remand... | ). V. Next, Garcia-Robles asserts that the | 3 |
866 | [
"In the provided excerpt from a US court opinion, insert the missing content:\n862 Mass. 684, 687, 290 N.E.2d 160, 162 (1972). See also Jacques B. Gelin & David W. Miller, The Federal Law of Eminent Domain § 4.1 (1982) (elaborating on the applicable legal standard); 4A Nichols at § 14A.01[2] (“Because it is proper ... | ); United States v. Easement and Right of Way, | 0 |
867 | [
"Your challenge is to complete the excerpt from a US court opinion:\nlanguage of the statute to suggest that such a limited interpretation was intended by the legislature. See generally State v. Carreno, 2006 UT 59, T11, 144 P.3d 1152 (\"[Legislative] intent is most readily ascertainable by looking to the plain lan... | ). 8 . Although Watkins now argues that he | 3 |
868 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nit takes a case to make its way to the Courts of Appeals, in the majority of the cases cited above the sale closings had already taken place, this distinction is not determinative. In those cases, the courts were not asked to d... | ); see also In re Exennium, Inc., 715 F.2d 1401, | 1 |
869 | [
"In the context of a US court opinion, complete the following excerpt:\nby Tus-chner was reasonable in law. According to the district court, although our court ultimately disagreed with the conclusion that Tuschner controlled Zahareas, “the SEC’s legal position was at least a colorable, reasonable attempt at defini... | ). Instead, we must fully analyze the facts and | 4 |
870 | [
"Complete the following passage from a US court opinion:\nbelow the 50 percent mark, but such mathematical uncertainty is not fatal to the guideline’s validity, and we have previously concluded that criminal provisions featuring the “substantial” language survive facial challenge. See Doctor John’s, Inc. v. City of... | ). Moreover, we cannot say the sentencing court | 4 |
871 | [
"Fill in the gap in the following US court opinion excerpt:\nshall be subject to the same trusts as the lands producing the same. A separate fund shall be established for each of the several objects for which the said grants are hereby made or confirmed, and whenever any moneys shall be in any manner derived from a... | ). 9 . The Commissioner points out that the | 0 |
872 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nhead. Further examination of the baby revealed eighteen unexplained rib, leg and arm fractures in various stages of healing, in addition to a skull fracture. The mother denied any knowledge of the injuries except for the skull ... | ); L.D. v. Dept. of Children and Family Servs., | 2 |
873 | [
"Provide the missing portion of the US court opinion excerpt:\nThe prosecutor explained that he was requesting the amendment only because he was unsure whether the multiple diamonds embedded in the ring were properly characterized as “clusters.” It is unclear whether Nations’s argument on appeal is intended to chal... | ); Andrews v. State, 220 Miss. 28, 31, 70 So.2d | 4 |
874 | [
"Your task is to complete the following excerpt from a US court opinion:\ncrime. In accordance with our reasoning in Mordica, therefore, section 784.045(l)(b) defines a specific intent crime because the statute requires the knowing commission of a battery on a pregnant woman. Appellant is thus correct to argue that... | ). Nevertheless, we affirm appellant’s | 0 |
875 | [
"Fill in the gap in the following US court opinion excerpt:\ndays of receiving the notice of right to sue). Ms. Scott never served the defendant in that case, and the court dismissed it without prejudice on January 21, 2000. Ms. Scott filed a second lawsuit on July 21, 2000. However, Ms. Scott also did not serve th... | ). As the district court observed, application | 1 |
876 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\n1223, 1228 (7th Cir.1994) (same); United States v. Badalamenti, No. S.S. 84 Cr. 236CPNL), 1985 WL 2572, at *10 (S.D.N.Y. Sept. 19, 1985) (referring to a second indictment that would be returned after dismissal of a first indictment because of... | ); United States v. Thoresen, 428 F.2d 654, | 3 |
877 | [
"Your task is to complete the following excerpt from a US court opinion:\nend of the spectrum, in that Scott Brooks was an indirect cause of these injuries, but we cannot conclude that Scott Brooks is outside the scope of USSG § 5K2.1 or USSG § 5K2.2. Unintended consequences are often the result of reckless behavio... | ); United States v. Fortier, 242 F.3d 1224, | 2 |
878 | [
"Provide the missing portion of the US court opinion excerpt:\nhowever, the Appellant in this case conceded that United States v. Moreno-Rivera, 472 F.3d 49 (2d Cir. 2006), prevents this Court from dismissing this appeal and remanding with instructions that the district court enter a new judgment as in Fuller. See ... | ). The Appellant requested, in the alternative, | 2 |
879 | [
"Complete the following passage from a US court opinion:\ndecision to waive his right to counsel. 3 . Our concurring colleague, Judge Katzmann, disagrees with our characterization of the quoted language as dictum. In his view, the Supreme Court would not have vacated the state judgment of conviction if it had not b... | ); see also United States v. Medina, 944 F.2d | 2 |
880 | [
"In the provided excerpt from a US court opinion, insert the missing content:\ntwice for the same offense arising from the same act. See State v. Craft, 685 So.2d 1292 (Fla.1996). Accordingly, because Appellant was twice convicted for the same offense arising from a single episode, we reverse and remand with direct... | ). AFFIRMED in part; REVERSED in part; and | 3 |
881 | [
"Please fill in the missing part of the US court opinion excerpt:\nshe could not perform the quintessential function of regularly attending work. Cf. Wimbley v. Bolger, 642 F.Supp. 481, 485 (W.D.Tenn.1986) (stating an employee “who does not come to work cannot perform any of his job functions, essential or otherwis... | ); Tuttle v. Henry J. Kaiser Co., 921 F.2d 183, | 0 |
882 | [
"Your task is to complete the following excerpt from a US court opinion:\nGiven this, the trial court on remand had no discretion to deny United’s Cross-Motion for Summary Judgment which was based on the unreasonableness of Telus-nor’s failure to attend the IMEs. The appellate division was similarly bound by this C... | ). Comprehensive, however, asserts that this | 2 |
883 | [
"In the context of a US court opinion, complete the following excerpt:\nwhile exclusion of present claimants appears to have limited the opposition, it did not completely eliminate it. 14 . See Koniak, Feasting, supra note 4, at 1058; Crampton, supra note 4, at 829-30. 15 .In addition, the settlement’s silence rega... | ), cert. dismissed as improvidently granted, 511 | 4 |
884 | [
"Complete the following excerpt from a US court opinion:\norganized and existing under the laws of the State of Nevada, with its principal place of business in Las Vegas, Nevada.” In response, Wade averred in his answer, “Defendant denies the allegations set forth in paragraph one (1) of Plaintiffs petition.” Furth... | ); Student Loan Mkt. Ass’n v. Holloway, 25 | 4 |
885 | [
"Provide the missing portion of the US court opinion excerpt:\nof another is subject to liability to the other for invasion of his privacy, and the me or benefit need not necessarily be commercial.” Zacchini v. Scripps-Howard Broadcasting Co., 47 Ohio St.2d 224, ¶ 1, 351 N.E.2d 454 of syllabus (Ohio 1976), rev’d on... | ) Second, one’s name and appearance, in and of | 1 |
886 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\na particular degree, license, or education. Id.; Leaf, 590 N.W.2d at 535 (“[N]o particular education is required; experience is sufficient to qualify a witness as an expert.”); Hutchison v. Am. Family Mut. Ins. Co., 514 N.W.2d 882, 886 (Iowa ... | ). Moreover, the witness does not need to be a | 2 |
887 | [
"Provide the missing portion of the US court opinion excerpt:\nmay well result in a different social recognition of social groups opposed to gang violence, even if the gang in question is the same. 8 . The Third and Seventh Circuits invalidated the pre W-G-R-/M-EV-G- \"particularity” and \"social visibility” requir... | ). 9 . The IJ failed to grant Pirir-Boc relief | 2 |
888 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nv. Power Auth. of the State of New York, 81 N.Y.2d 649, 652, 602 N.Y.S.2d 588, 621 N.E.2d 1195, 1196 (N.Y.1993) (same). These cases teach that fair market value is not to be determined in a rarefied realm of abstract calculation, but fro... | ); United States v. 14.38 Acres of Land, 80 F.3d | 4 |
889 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nUrena, 162 S.W,3d at 551. There may be more than one proximate cause of an occurrence. Del Lago, 307 S.W.3d at 774. Unlike a negligent activity' claim, a premises defect claim is not based on the defendant’s malfeasance, but on its non-feasan... | ). In such circumstances, the property owner has | 2 |
890 | [
"Please fill in the missing part of the US court opinion excerpt:\nadministrator is not dispositive, it is certainly not irrelevant.” Donovan v. Mercer, 747 F.2d 304, 309 (5th Cir.1984). The court in that case held the defendant, although not formally appointed a trustee, to be a fiduciary where she was “represente... | ). This court holds that a person who is | 4 |
891 | [
"Fill in the gap in the following US court opinion excerpt:\nBy all accounts, the executed Partnership Agreement was the result of an arm’s length transaction. Also, the Partnership Agreement specifically, allowed for the payment of developer fees, and several other provisions effectively established that Dr. Crave... | ); cf. Gulf Liquids New River Project, LLC v. | 1 |
892 | [
"Your challenge is to complete the excerpt from a US court opinion:\nCourt argued that the constitutional question was “not particularly meaningful” on a motion to dismiss, as an order denying the motion would not enter “final judgment” and an order granting the motion would be subject to the same de novo standard ... | ); Corbett v. MacDonald Moving Servs., Inc., 124 | 1 |
893 | [
"Complete the following passage from a US court opinion:\nraised the issue of the constitutionality of Minn.Stat. § 278.03 (2010), which provides for a waiver of the payment of taxes during the pendency of a tax appeal petition upon a showing of hardship in its motion for summary judgment, the parties stipulated on... | ). But see, e.g., People ex rel. Thompson v. St. | 3 |
894 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nthe fault of the person injured. 3 . Morgan also urges us to find that the Marquises’ filing with the trial court of a tendered M.R. Civ. P. 68 offer of judgment- — once while their motion for summary judgment was pending and again after she ... | ); Wilcoxen v. Paige, 174 Ill.App.3d 541, 124 | 4 |
895 | [
"Your challenge is to complete the excerpt from a US court opinion:\ngained by looking beyond the allegations of the complaint. See, e.g., American Motorists Ins. Co. v. General Host Corp., No. 88-1503, — F.2d - (10th Cir. March 21, 1991) (Westlaw 35967) (concluding, based on “extensive findings of fact in [an unde... | ); Transamerica Ins. Co. v. Sunnes, 77 Or.App. | 2 |
896 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nwith a significant portion of the proceeds from the sale of the Ambassador building. Cox’s and Trahan’s testimony that Thad had check cashing privileges at a casino and that he gambled the day before filing for bankruptcy was m... | ). Any error in admitting Cox’s and Trahan’s | 0 |
897 | [
"Your challenge is to complete the excerpt from a US court opinion:\nCalifornia Court of Appeal’s harmless error analysis was neither contrary to, nor an unreasonable application of, clearly established federal law. Accordingly, we AFFIRM the district court’s denial of habeas relief. AFFIRMED. 1 . We have addressed... | ). Other circuits have reserved judgment. See, | 1 |
898 | [
"Please fill in the missing part of the US court opinion excerpt:\nLagunas to at least ten years incarceration.” Lagunas I, 214 Fed.Appx. at 845. Thereafter, the United States Sentencing Commission (Sentencing Commission) issued Amendment 706 which modified the Drug Quantity Table in U.S.S.G. § 2Dl.l(c) downward tw... | ). In addition, the Act directed the Sentencing | 1 |
899 | [
"Complete the following excerpt from a US court opinion:\nit did not reach the question of immunity. Given the conclusions we have reached, however, it is necessary for us to do so. Under § 820.2, a public employee cannot be held liable for any injury resulting from “his act or omission where the act or omission wa... | ). This immunity provides complete protection | 2 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.