id int64 0 3.55k | input_options listlengths 5 5 | output stringlengths 11 48 | gold_index int64 0 4 |
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900 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nclaims. See 13 Charles A. Wright, Arthur R. Miller & Edward H. Cooper, Fed. Prac. & Proc. (2d ed.) § 3522 (1984 & Supp.2008); Beneficial Nat’l Bank v. Anderson, 539 U.S. 1, 8, 123 S.Ct. 2058, 156 L.Ed.2d 1 (2003) (discussing the limited categ... | ). Sunoco cites one instance where a federal | 2 |
901 | [
"Complete the following passage from a US court opinion:\nHRS § 11— 13 that Kaho'ohalahala was a Lanai resident, which is a conclusion of law reviewable under the right/wrong standard. Dupree states that the Board’s determination that Kaho'ohalahala was not a Lanai resident is entitled to “a presumption of validity... | ). B. Jurisdiction “The existence of | 3 |
902 | [
"Please fill in the missing part of the US court opinion excerpt:\nthat such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien is— (1) a judicial lien ... 11 U.S.C. § 522(f)(1). Thus, under the statute, a debtor may avoid the fixing of a lien i... | ); see also Patriot Portfolio LLC v. Weinstein | 0 |
903 | [
"In the context of a US court opinion, complete the following excerpt:\nThe Eighth Circuit, in U.S. v. ■ Ferro, concluded that all other circuits which have considered the issue have specifically held that the statute is mandatory. United States v. Ferro, 321 F.3d 756, 761 (8th Cir.2003)(finding that involuntary ho... | ); United States v. Azure, 279 F.Supp.2d 1093, | 2 |
904 | [
"Your challenge is to complete the excerpt from a US court opinion:\nthe appeal). 40 . 15 U.S.C. § 77k(e). 41 . Healey v. Chelsea Res., Ltd., 947 F.2d 611, 624 (2d Cir.1991) (citing 78 Cong. Rec. 8669 (May 12, 1934) (explanatory memorandum of Senator Fletcher, sponsor of proposed section 11(e))). 42 . Cf. 17 U.S.C.... | ); In re AOL Time Warner, 2007 WL 2741033, at *4 | 3 |
905 | [
"Your challenge is to complete the excerpt from a US court opinion:\nCo., 55 Ill. App. 3d 91, 98 (1977). Moreover, if the promisee bargains with the promisor to render a performance directly to a third party, in nearly every case the promisee will have intended to benefit that third party. Fox Lake, 178 Ill. App. 3... | ); (2) Resnik, 78 Ill. 2d at 386-87 (determining | 4 |
906 | [
"Complete the following passage from a US court opinion:\nfor each form of relief sought”). 1. Injury The injury must be an “injury in fact,” meaning “an invasion of a legally protected interest which is (a) concrete and particularized, and (b) ‘actual or imminent, not- “conjectural” or “hypothetical.” ’ ” Lujan, 5... | ); United States v. Warshak, 631 F.3d 266, 288 | 1 |
907 | [
"Your task is to complete the following excerpt from a US court opinion:\n496, 745 P.2d 717, 721 (Ct.App. 1987). In this case, Plaintiff filed a pretrial motion to exclude the assailant from being considered a concurrent tortfeasor. The motion cited Lujan v. Healthsouth Rehabilitation Gorp., 120 N.M. 422, 902 P.2d ... | ), and Romero v. Mervyn’s, 109 N.M. 249, 253 n. | 4 |
908 | [
"Your challenge is to complete the excerpt from a US court opinion:\nFDC Corporation was not final, but merely pending. Appellee argues that NMSA 1978, Section 53-16-11 (Repl.Pamp.1983), the statute addressing a corporation’s distribution of assets upon dissolution, can be read to require payment by the corporation... | ). Smith’s pending lawsuit did constitute a | 2 |
909 | [
"Complete the following excerpt from a US court opinion:\ncustomers were common in the industry, and pointed out that plaintiffs had not pleaded specifically how the individual defendants had acted fraudulently by counting such customers in a manner common to the industry. Id. In their amended complaint, plaintiffs... | ). Nor do they address the other defects that | 0 |
910 | [
"Complete the following passage from a US court opinion:\nWeintraub and Resnick, Freezing, the Debtor’s Account: A Banker’s Dilemma Under the Bankruptcy Code, 100 Banking Law Journal 316, 321-22 (1983); Groschadl, “Freezing” the Debtor’s Bank Account: A Violation of the Automatic Stay?, 57 American Bankruptcy Law J... | ). Since, if the bank is right about the status | 3 |
911 | [
"Your challenge is to complete the excerpt from a US court opinion:\nshe was compensated less than each of these male employees in at least one year, (see Clark Decl. Ex. 80), and a reasonable jury could conclude that Huerta and Rizzo, as heads of regional teams, held substantially identical positions as Garcia, (D... | ). As set forth in detail above, (see supra | 0 |
912 | [
"Provide the missing portion of the US court opinion excerpt:\nabusive manner” in which the discrimination is accomplished rather than a function of the actual discrimination itself. Farmer, 430 U.S. at 305, 97 S.Ct. 1056. Thomas has not met either of these requirements. Therefore, because Thomas’s wrongful dischar... | ); Arnold v. Air Midwest, Inc., 100 F.3d 857, | 4 |
913 | [
"Complete the following passage from a US court opinion:\nof the changes, he has accepted the changes as a matter of law.” Hathaway v. General Mills, Inc., 711 S.W.2d 227, 229 (Tex. 1986). {15} It appears that the district court assumed, without deciding, that under Texas law Flemma would be deemed to have accepted... | ). Halliburton subsequently reaffirmed the offer | 2 |
914 | [
"Complete the following passage from a US court opinion:\nprovides: Rather, upon a particularized showing supporting a reasonable belief that underrepre-sentation in the jury pool or the venire exists as the result of practices of systematic exclusion, the court must make a reasonable effort to accommodate the defe... | ); United States v. Shapiro, 994 F.Supp. 146, | 0 |
915 | [
"In the context of a US court opinion, complete the following excerpt:\nand perhaps the nature of the risk”), rev’d on other grounds, 439 U.S. 551, 99 S.Ct. 790, 58 L.Ed.2d 808 (1979). As a result, the Court holds that Santana deserves no relief under section 1132 for denial of benefits because Deluxe did not viola... | ); Alessi v. Raybestos-Manhattan, Inc., 451 U.S. | 4 |
916 | [
"Complete the following passage from a US court opinion:\npreserved error on the issue of the admissibility of Bolt’s testimony, we first must determine the intent of the district court ruling on Kircher’s motion in limine. Kircher’s motion in limine sought to prohibit Bolt from giving testimony concerning the stan... | ). Accordingly, the court’s ruling had the | 2 |
917 | [
"Complete the following passage from a US court opinion:\nstatements made to investment analysts. Defendants confuse the test under which they can be held indirectly liable for misleading opinions or statements by analysts or other third parties with the test under which they can be held directly liable for their o... | ); Alfus v. Pyramid Technology Corp., 764 | 3 |
918 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nmemorandum, at 4-5 n. 5 (Pa.Super. filed October 17, 2007) (“Reed II”). This Court has explained that “[w]here a decision rests on two or more grounds equally valid, none may be relegated to the inferior status of obiter dictum.” Commonw... | ), constraining the Court in Reed II. However, | 3 |
919 | [
"Your challenge is to complete the excerpt from a US court opinion:\nto treat Kyler as a boy precisely because of his gender non-conformance. In fact, the Complaint alleges that one RCHSD employee told him, “Honey, I would call you ‘he,’ but you’re such a pretty girl.” (Compl. ¶ 44.) Accord ingly, Ms. Prescott’s cl... | ). Hi. Declaratory and Injunctive Relief Under | 0 |
920 | [
"Complete the following excerpt from a US court opinion:\nconsequences of his own wrongful acts. It grants him the privilege of being confronted with the witnesses against him; but if he voluntarily keeps the witnesses away, he cannot insist on his privilege. If, therefore, when absent by his procurement, their evi... | ); Snyder v. Massachusetts, 291 U.S. 97, 106 | 2 |
921 | [
"Complete the following excerpt from a US court opinion:\npossession. It is. As part of the conspiracy to advertise child pornography, all defendants are accountable for the images depicting child pornography on the KOFD board. United States v. Laney, 189 F.3d 954, 965 (9th Cir.1999) (defendant “pled guilty to part... | ) with United States v. Galan, 2014 WL 3474901, | 0 |
922 | [
"Provide the missing portion of the US court opinion excerpt:\nregarding the admissibility of the confessions to Agent Battle and Lieutenant Hitchins is that Polk’s meeting with Howard, in which Howard initially confessed constituted a “police-initiated custodial interrogation” in violation of Edwards, ie., a poiso... | ). Howard claims that Polk initiated the | 1 |
923 | [
"Provide the missing portion of the US court opinion excerpt:\n899 P.2d 1004. “A claim becomes liquidated when both the amount due and the date on which it is due are fixed and certain, or when the same becomes definitely ascertainable by mathematical computation.” Kilner v. State Farm Mut. Auto. Ins. Co., 252 Kan.... | ); Torre v. Federated Mutual Ins. Co., 906 | 3 |
924 | [
"Provide the missing portion of the US court opinion excerpt:\nare accustomed to using paragraph P as a basis to search parolees, either without suspicion or suspicion based on the high-crime nature of the area. The officer then contacts the front desk attendant of the motel to ascertain whether the parolee is chec... | ); Scott v. Pa. Bd. of Prob. & Parole, 548 Pa. | 1 |
925 | [
"Please fill in the missing part of the US court opinion excerpt:\nAdministrative Code states: Sale of tangible personal property to real property contractors ... is generally subject to tax. Further: [Sjales of materials and supplies to contractors and subcontractors are taxable transactions as sales to final cons... | ). Consequently, in Tummurru Trades, Inc. v. | 1 |
926 | [
"Your task is to complete the following excerpt from a US court opinion:\nBaty further stated that Booth’s representation to Baty was the reason that a warranty and representation to that effect was expressly included in the sale agreements. Howard & Howard communicated its representations via telephone calls and e... | ); United States ex rel. Hirt v. Walgreen Co., | 2 |
927 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nevidence or different reasonable inferences that may be drawn from the evidence, the issue is factual and should be submitted to the jury.’” (quoting Sims, 898 So.2d at 1005)); Smith v. Telophase Nat’l Cremation Soc’y, Inc., 47... | ). D. Punitive damages The Hospital argues that | 4 |
928 | [
"Complete the following excerpt from a US court opinion:\nan application of state sovereign immunity would in any event eviscerate § 1983 . as it applies to municipal and county officers. Second, the fact that plaintiffs did not join Cignature Hospitality as a defendant in this suit is irrelevant. Plaintiffs alread... | ). 19 .Government officials are accorded | 4 |
929 | [
"Provide the missing portion of the US court opinion excerpt:\nand he paid premiums for his policy,” reasoning that the statute already provides an offset for premiums). Respondent also argues that treating the UIM payments as collateral-source payments under the statute would result in a windfall to tortfeasors. T... | ). By directly abrogating the common-law rule | 2 |
930 | [
"Complete the following excerpt from a US court opinion:\nwould certainly fall within the statute; however, at a minimum a physician, dentist, or hospital must have made use of that corporation or person in the physician’s, dentist’s, or hospital’s delivery of health-care services to the plaintiff-patient.” Ex part... | ); see also Ex parte Partners in Care, Inc., 986 | 0 |
931 | [
"Complete the following passage from a US court opinion:\nparty subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest. A “necessary” party must be joined if feasible — if they are “subject to service of process” and would “not deprive the court of... | ). “The moving party may satisfy this burden | 3 |
932 | [
"In the context of a US court opinion, complete the following excerpt:\nappellant’s allegation, our supreme court has held that ‘‘[c]ounsel clearly cannot be faulted for failing to raise a Batson objection at trial because Batson did not yet exist. See, e.g., [Commonwealth v. Gribble, 580 Pa. 647, 863 A.2d 455, 464... | ), therefore, at the time of appellant’s direct | 4 |
933 | [
"Your task is to complete the following excerpt from a US court opinion:\n(2007) from this constitutional definition. 6 . None of the parties allege that Hoffman’s inaccurate oath was a product of fraud. 7 . Compare this unambiguous language with the broader authority given to the Secretary of State in the context ... | ); Montanans for Justice v. State, 334 Mont. | 4 |
934 | [
"Complete the following passage from a US court opinion:\nThe State argued that it was within prosecutorial discretion to choose which offense to charge the defendant with, but the court concluded that skilled prosecutors would usually seek the more severe sentence and thus the charge of aggravated kidnapping would... | ). Therefore, the State is not barred by double | 0 |
935 | [
"Fill in the gap in the following US court opinion excerpt:\nJudges System 21 (1995) (\"The Senate report [regarding the 1976 Amendments to the Federal Magistrates Act] noted that without the assistance furnished by magistrates in handling a 09 S.Ct. 2237, 104 L.Ed.2d 923 (1989) (finding that the Federal Magistrate... | ). Yet the majority opinion gives this caselaw | 2 |
936 | [
"Please fill in the missing part of the US court opinion excerpt:\nDiGiacinto also reviewed Molina’s 1999 MRI and concluded that her bulging discs were not caused by the accident but were instead degenerative. Her examining physician, Jacobson, testified that Molina should have been able to perform her normal daily... | ). In any event, even assuming the admissibility | 4 |
937 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nstating its reasons for imposing the sentence it did, the district court did not state it was doing so for the purpose of making White eligible for any BOP treatment program. Furthermore, according to the government, Tapia made clear a s... | ). The government’s arguments as to the absence | 2 |
938 | [
"Provide the missing portion of the US court opinion excerpt:\nthese documents also indicate that “[n]ot all Christians ... have found themselves to be targets of ethnic-religious persecution” and that “[t]he ongoing insurgency affects every segment of the population, Sunni, Shi’a, and non-Muslim alike.” Christians... | ); Toma v. Gonzales, 179 Fed.Appx. 320, 324 (6th | 0 |
939 | [
"Your task is to complete the following excerpt from a US court opinion:\nfalse and fraudulent information similar to the fourteen returns at trial. The government cited interviews with about twenty people conducted as part of the criminal investigation, another ten interviewed separately, and taxpayer statements t... | ), cert. denied, — U.S. -, 131 S.Ct. 279, 178 | 1 |
940 | [
"Provide the missing portion of the US court opinion excerpt:\nto go forward, if there is even a fair possibility that the stay for which he prays will work damage to some one else.” Landis, 299 U.S. at 255. How and when a stay is imposed is left to the court’s discretion; in exercising that discretion, a court mus... | ). In this matter, the need for the stay (or, | 2 |
941 | [
"Your challenge is to complete the excerpt from a US court opinion:\nadmissions are binding only against “the party making the admission.” Requests for admission are a tool, not a trapdoor. Goudeau’s attorneys knew perfectly well that defendant USF & G was denying underinsured coverage. Accordingly, they are not en... | ). 17 . See Nat'l Union Fire Ins. Co. v. Fisher, | 0 |
942 | [
"Complete the following passage from a US court opinion:\nonly if [the Supreme Court] has held that the new rule is retroactively applicable to cases on collateral review.” Tyler v. Cain, 533 U.S. 656, 662, 121 S.Ct. 2478, 150 L.Ed.2d 632 (2001) (construing identical language in 28 U.S.C. § 2244(b)(2)(A)). Put diff... | ). Mr. Robinson therefore fails to establish the | 2 |
943 | [
"Please fill in the missing part of the US court opinion excerpt:\npresented at trial does not support the finding that he was armed with a weapon when he broke into the Gillespie home. We find no merit in this argument. The state bears the burden of proving the existence of aggravating factors. State v. Parker, 31... | ); State v. Chatman, 308 N.C. 169, 301 S.E. 2d | 3 |
944 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nby Eleventh Circuit case law. As discussed above, the Eleventh Circuit has found that a statute may refer to a class of persons or entities and require the government to take action relative to those persons or entities, but st... | ). Next, the present case is distinguishable | 1 |
945 | [
"Fill in the gap in the following US court opinion excerpt:\nimputed to employer); Canutillo Indep. Sch. Dist. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, 99 F.3d 695, 703 (5th Cir.1996) (“Where the legal claims asserted by the plaintiffs are not independent and mutually exclusive, but rather related to and dep... | ); Huey T. Littleton Claims, Inc. v. Employers | 4 |
946 | [
"Complete the following passage from a US court opinion:\nwas not provided a pre-termination hearing. The United States Supreme Court has held that a public employee dismissible only for cause has a property interest in continued employment and that the due process clause prohibits such an employee from being termi... | ). As such, summary judgment will be granted as | 4 |
947 | [
"Complete the following excerpt from a US court opinion:\nat the time of an accident. Cf. Argonaut Insurance Co. v. National Indemnity Co. (10th Cir. 1971), 435 F.2d 718; Hagans v. Glen Falls Insurance Co. (10th Cir. 1972), 465 F.2d 1249; Ryder Truck Lines v. Carolina Cas. Ins. Co. (Ind.App.1978), 372 N.E.2d 504; A... | ). The most recent decision in the area, and one | 2 |
948 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nAdditionally, William's claims of procedural error are meritless. Therefore, we AFFIRM the decision of the superior court. 1 . AS 22.20.020(c) states, in relevant part: If a judicial officer denies disqualification the question shall be ... | ); but see Shank v. American Motors Corp., 575 | 3 |
949 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nchallenge a vehicle search from passenger standing to seek suppression of evidence discovered in a vehicle as the fruit of an unlawful stop, detention, or arrest.”). Now, in response to the district court’s cue, Defendant has raised for the f... | ). Because there is no evidence in this case | 0 |
950 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nbefore Odettes filed this suit. In sum, whether Odettes’ delay in filing suit against defendants is taken as six years or three, it was clearly unreasonable in the circumstances of this case. Because the delay is inexcusable, a... | ). 2 . Briefly, an ATL is a computer-controlled | 3 |
951 | [
"Fill in the gap in the following US court opinion excerpt:\nof the sudden emergency instruction, was appropriate considering the trial court’s finding that the situation lacked spontaneity. Id. In the case before us, a jury could find that a vehicle suddenly spinning out of control immediately ahead of defendant-d... | ). Conclusion We vacate the order of the | 4 |
952 | [
"Complete the following excerpt from a US court opinion:\n& Rem.Code Ann. § 33.003 (West 2008) (emphasis added). Thus, if legally sufficient evidence does not exist of the negligence of a settling physician, his percentage of responsibility should not be submitted. See id. § 33.003(b) (expressly prohibiting submiss... | ). That is, section 33.003, the comparative | 2 |
953 | [
"Complete the following passage from a US court opinion:\nMartin, Jr. Delicatessen, Inc. v. Schumacher, 52 N.Y.2d 105, 109, 436 N.Y.S.2d 247, 417 N.E.2d 541, 543 (1981) (noting that “agreement to agree” is unenforceable). Nor does the complaint allege facts indicating that Shaw relied on Boccardi’s confidential inf... | ). Because we conclude that Boccardi fails to | 2 |
954 | [
"Please fill in the missing part of the US court opinion excerpt:\n223, 230 (Mo.1982)(en banc) (“Notice and an opportunity to be heard must be provided by the state in a meaningful manner prior to deprivation of a protected interest. This rule is not necessarily applied when there is a temporary taking, as is the c... | ); Kampf v. Kampf, 237 Mich.App. 377, 603 N.W.2d | 4 |
955 | [
"Your challenge is to complete the excerpt from a US court opinion:\nto discern whether the amendment to the VWPA was intended to overrule Hughey “in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity.” The Second Circuit has found that it was not: Although Hugh... | ); see also United States v. Akande, 200 F.3d | 0 |
956 | [
"Fill in the gap in the following US court opinion excerpt:\nfor review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review “whether substantial evidence supports a finding by clear, unequivocal, and ... | ); see also Chavez-Ramirez v. INS, 792 F.2d 932, | 1 |
957 | [
"Complete the following passage from a US court opinion:\n(1982) (analyzing and sustaining Virginia statute under which Virginia Public Building Authority was charged with construction, maintenance, and operation of public buildings funded by Authority-issued notes and bonds and secured by State rental payments). V... | ); Wilson v. Ky. Transp. Cabinet, 884 S.W.2d | 4 |
958 | [
"In the context of a US court opinion, complete the following excerpt:\nThe percentage interest appurtenant to a unit represents the unit owner’s percentage interest in the common expense and common profits of the Condominium, and his undivided share in the common elements of the Condominium. The percentage interes... | ); Kaplan v. Boudreaux, 410 Mass. 435, 573 | 3 |
959 | [
"Complete the following excerpt from a US court opinion:\na “final adjudication on the merits” of the issue now precluded from re-litigation. Office of Disciplinary Counsel v. Kiesewetter, 585 Pa. 477, 889 A.2d 47, 50-51 (2005). Because there was no final adjudication of Edison Learning’s negligence, the School Dis... | ). Parties settle for many reasons, including to | 0 |
960 | [
"In the context of a US court opinion, complete the following excerpt:\nrepresentation that the investment program was “backed” or otherwise sponsored by Jackson Hewitt. D. No Reliance by the Kamans The Kamans were also unable to prove the reliance element necessary to establish an apparent agency. Indeed, the undi... | ); Chevron U.S.A., Inc. v. Lesch, 319 Md. 25, | 4 |
961 | [
"In the context of a US court opinion, complete the following excerpt:\nand, thus, the order fell easily within the ambit of Rule 2 (a)(6). But even more to the point, National Enterprises has taken inconsistent positions with respect to the chancery court’s 1994 order. In its first notice of appeal in 1994, Nation... | ). In addition to its notice of appeal, on May | 2 |
962 | [
"Fill in the gap in the following US court opinion excerpt:\nso that Plaintiff could attend medical appointments (Id. at 37, 39); (3) former supervisor Jose So-mohano denied Plaintiffs request to leave early during a bleeding emergency because he did not have a cashier to replace Plaintiff (Id. at 43, 74); and (4) ... | ). Similarly, Plaintiff does not need to show | 0 |
963 | [
"Complete the following passage from a US court opinion:\nconduct constitutes sex discrim ination.” La Day v. Catalyst Technology, Inc., 302 F.3d 474, 478 (5th Cir.2002). If this determination is answered in the affirmative, the court must decide whether the challenged conduct meets the applicable standards for eit... | ). The Court’s first task is to determine | 4 |
964 | [
"Fill in the gap in the following US court opinion excerpt:\nfor the first violation for selling fireworks with an excessive powder content. However, § 320.136 states that M-80s are expressly prohibited from possession within the state for any purpose. The Commission found that Shelton possessed M-80s. Section 320.... | ). Shelton possessed over 1,000 M-80s in his | 1 |
965 | [
"In the context of a US court opinion, complete the following excerpt:\nlitigation because, for example, relevant business documents pertaining to the antitrust conspiracy may not exist and covert behavior may have to be proven through less direct means.”); Callahan v. AEV, Inc., 947 F.Supp. 175, 179 (W.D.Pa.1996) ... | ); In re Plastics Additives Antitrust Litig., | 4 |
966 | [
"In the context of a US court opinion, complete the following excerpt:\nthat probable cause did not exist. Qualified immunity protects those officers who make a reasonable error in determining whether there is probable cause to arrest an individual. Anderson v. Creighton, 483 U.S. 635, 643, 107 S.Ct. 3034, 97 L.Ed.... | )). Although qualified immunity is an | 2 |
967 | [
"Please fill in the missing part of the US court opinion excerpt:\nplaintiffs limitation of liability claim pending); Bergeron v. Elliot, 466 F.2d 514, 516 n. 3 (5th Cir.1972) (allowing appeal of grant of summary judgment as to one of several defendants). Cf. Jamaica Commodity Trading Co. v. Barge Hercules, 992 F.2... | ); Upper Miss. Towing Corp. v. West, 338 F.2d | 3 |
968 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nThe Posts clearly could have litigated the insurance claim in their prior foreclosure action. A foreclosure judgment determines with finality the rights of the parties to the contract. See Shuput v. Lauer, 109 Wis. 2d 164, 172, 325 N.W.2d 321... | ). This, we conclude, "conforms to the parties' | 3 |
969 | [
"Your challenge is to complete the excerpt from a US court opinion:\nthird party which are otherwise subject to state control.”); Ayotte, 488 F.3d at 533 (discussing New York regulations at issue in Franklin National Bank v. New York, 347 U.S. 373, 74 S.Ct. 550, 98 L.Ed. 767 (1954), that prohibited any banks other ... | ). Next, the State argues that even if the | 3 |
970 | [
"Fill in the gap in the following US court opinion excerpt:\nhas one year from that date to file a motion. In this case, this means that Dorsey had one year from October 7, 1996, the date on which the Supreme Court denied certiora-ri, in which to file his 2255 motion. Dorsey deposited his 2255 motion in the prison ... | ); Lewis v. Richmond City Police Dep’t, 947 F.2d | 4 |
971 | [
"Your task is to complete the following excerpt from a US court opinion:\n1328(a), the chapter 13 dischargeability provision. See Johnson, 728 F.2d at 166 n. 4; see also Pub.L. No. 101-650, 104 Stat. 5089 (1990) (adding § 523(a)(8) debts to those debts nondischargeable under § 1328(a)). 19 .This type of analysis al... | ). 20 . In its analysis, the Billingsley court | 3 |
972 | [
"In the provided excerpt from a US court opinion, insert the missing content:\ndegrees of flexibility depending upon the specific linkage to company plans and objectives. If flexibility is not explicitly indicated in a policy, it is required that the policy be executed as defined.\" But the Disclaimer is prominentl... | ). While both NCR and the trial court concluded | 1 |
973 | [
"Provide the missing portion of the US court opinion excerpt:\nunrecorded bench conference with the foreperson, the trial court informed the foreperson that it needed to give him “one other instruction” and instructed him that “[t]he issues about which we had talked in this courtroom, both here at the bench and als... | ); State v. Smith, 326 N.C. 792, 794-95, 392 | 4 |
974 | [
"Your challenge is to complete the excerpt from a US court opinion:\nclaim concerning the admission of evidence related to his three prior felony convictions was raised as a state law claim, and not as a federal due process constitutional claim. Petitioner’s brief on direct appeal did not mention any due process an... | ). That Old Chief was being cited to analogize | 1 |
975 | [
"Complete the following passage from a US court opinion:\nFurther, as the court stated in its July 27, 2011 Order Adopting in Part and Modifying in Part Magistrate Judge Azrack’s Monsanto Hearing Report and Recommendation, “[b]y setting up an accounting system in which all of the [GDC] subsidiaries contributed to a... | ); United States v. Schwimmer, 968 F.2d 1570, | 1 |
976 | [
"Your challenge is to complete the excerpt from a US court opinion:\nAct is to make compensation the exclusive remedy of the employee where he is injured by the employer or any of its employees during the course of his employment.”). 11 .See Ala Code § 25-5-11. See also Dueitt v. Williams, 764 F.2d 1180, 1181 (5th ... | ); In re Estate of Blanton, 824 So.2d 558, 562 | 4 |
977 | [
"Complete the following excerpt from a US court opinion:\nfinding, the Court declines to determine whether a jury could find reasonably that Lee violated De Contreras’s Fourth Amendment rights. Therefore, the Court grants summary judgment in favor of Defendant Lee on De Contreras’s Fourth Amendment claim. B. De Con... | ) Thus, Defendants are entitled to summary | 3 |
978 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\nnot rest upon a few words taken out of context of the entire testimony.’ ” Id. at 803 (quoting Wilkes-Barre, City v. WCAB, 54 Pa.Cmwlth. 230, 420 A.2d 795, 798 (1980)). In Commonwealth v. Thomas, 444 Pa. 436, 282 A.2d 693, 698 ... | ). This Court has explained: Collins v. Hand, | 0 |
979 | [
"Your challenge is to complete the excerpt from a US court opinion:\nstate law that required parents to send their children to a public school for a period of time because it “unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control”); ... | ); Johnson v. City of Cincinnati, 310 F.3d 484, | 3 |
980 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\non her right to the effective assistance of counsel guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution, see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), and Art... | ). She argues specifically that she was denied | 1 |
981 | [
"Complete the following passage from a US court opinion:\nredress, Ms. Feral must have visited and intend to visit ranches that hunt captive antelopes without an otherwise valid permit under Section 10. Second, the plaintiff must adduce some evidence that Ms. Feral’s alleged injury is imminent. Although the plainti... | ); WildEarth Guardians v. Jewell, 738 F.3d 298, | 1 |
982 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nclaims that could have been brought either in the district court’s supplemental jurisdiction or in admiralty. Panek’s contract with Con-cordia was sufficiently maritime in nature to fall within the district court’s admiralty jurisdiction... | ); cf. Royal Ins. Co. of Am. v. Hansen, 125 | 1 |
983 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nits submissions. See, e.g., NSK Ltd. v. United States, 17 CIT 590, 593, 825 F.Supp. 315, 318-19 (1993). Lastly, because Chengde delayed requesting correction until after the ITA had issued the Final Results, the requirement of administra... | ). Thus, under these circumstances, where (1) | 2 |
984 | [
"Please fill in the missing part of the US court opinion excerpt:\nmuscle tenderness on repeated examinations ...; or, [a]ny other medical signs that are consistent with medically accepted clinical practice and are consistent with the other evidence in the ease record.” Id. at 3. Further, CFS may be established by:... | ). B. Medical Opinions Generally, the opinions | 0 |
985 | [
"Your task is to complete the following excerpt from a US court opinion:\n1124, 1136 (9th Cir.2006); see Fed. R.Crim.P. 52(b). Under the plain error standard, relief is not warranted unless there has been: (1) “error,” (2) that was “plain,” (3) that affected “substantial rights,” and (4) that “seriously affected th... | ). In this case, the prosecutor twice asked | 0 |
986 | [
"Your challenge is to complete the excerpt from a US court opinion:\npromise to refrain from competition that imposes a restraint that is ancillary to an otherwise valid transaction or relationship is unreasonably in restraint of trade if (a) the restraint is greater than is needed to protect the promisee’s legitim... | ). 14 . To the extent MacMillan contends that | 2 |
987 | [
"Your objective is to fill in the blank in the US court opinion excerpt:\nof proving a prima facie case, the proponent has the burden of production of a race-neutral explanation, and the opponent has the ultimate burden of proving pretext and discriminatory intent.” Reiners, 664 N.W.2d at 832. After Pendleton gave ... | ); Taylor, 650 N.W.2d at 202 (“Because the | 4 |
988 | [
"Complete the following excerpt from a US court opinion:\nfor radiologists to or urologists or anybody else of the same specialty. Similarly, Dr. Venegas testified that as a family physician, he does not implant pacemakers and he would defer to the knowledge of a cardiologist on that issue. When Dr. Venegas was ask... | ). Furthermore, Melton presented no evidence | 3 |
989 | [
"In the context of a US court opinion, complete the following excerpt:\nplaintiff agreed to a fixed weekly salary covering unlimited hours, making it unnecessary to apply the FWW method. As the district court not ed in reaching that conclusion as to Banford and McGratty, Banford testified that he expected to receiv... | ). Indeed, a reasonable jury could infer from | 4 |
990 | [
"In the given US court opinion excerpt, provide the appropriate content to complete it:\ndisagree, as we conclude that the parties mutually agreed that there would be no limit on contribution liability regardless of the outcome of Kotecki. Before Kotecki, the question of whether there was a limit on employer contri... | ). The parties responded by mutually assenting | 3 |
991 | [
"Complete the following excerpt from a US court opinion:\nFor these reasons, we conclude that the Civil Rights Act of 1991 did not render Title VII and § 1981 the exclusive remedies for public sector employment discrimination, thereby preempting a constitutional cause of action under § 1983. Accordingly, we affirm ... | ). 3 .We review de novo a question of law | 2 |
992 | [
"In the provided excerpt from a US court opinion, insert the missing content:\ninterlocutory issue. Rule 14(B) states that such a motion \"requesting the Court of Appeals ac-eept jurisdiction over an interlocutory appeal shall be filed within thirty (30) days of the date of the trial court's certification.\" Ind.Ap... | ). Because this issue is dismissed, we do not | 4 |
993 | [
"Complete the following passage from a US court opinion:\ndetailed expert reports that were explored at a lengthy deposition. In essence, he compared C & F’s sales and growth rates to comparable competitors. Except in certain respects not relevant here, the admissibility of evidence is governed by the law of the fo... | ); Knight v. Otis Elevator Co., 596 F.2d 84, | 1 |
994 | [
"Complete the following excerpt from a US court opinion:\naddress challenges raised for the first time on appeal in numerous cases.\" On the particular cireum-stances presented, we decline to do so. 29 This concession \"raises the question of the extent to which defendant is entitled to appellate review of this iss... | ), and People v. Cagle, 751 P.2d 614, 619 | 3 |
995 | [
"Fill in the gap in the following US court opinion excerpt:\nsecond accident. [21] Having concluded that the court abused its discretion in refusing to permit State Farm to question Woodgett regarding the second accident, we must now address whether this error was inconsistent with substantial justice. We conclude ... | ). [23] For the foregoing reasons, we reverse | 2 |
996 | [
"In the provided excerpt from a US court opinion, insert the missing content:\nremedy, of equitable tolling,” an evidentiary hearing would have provided- him the opportunity to present his claims. To qualify for equitable tolling, a petitioner must first demonstrate that extraordinary circumstances caused his failu... | ). In fact, Alicia filed his habeas petition two | 4 |
997 | [
"Complete the following passage from a US court opinion:\nof law provision in a security agreement or contract is generally enforced. In re Mastercraft Metals, Inc., 114 B.R. 183 (Bkrtcy.W.D.Mo.1990); Consolidated Financial Investments, Inc. v. Manion, 948 S.W.2d 222, 224 (Mo.App. E.D.1997); Tri-County Retreading, ... | ). It is uncontested that Skytech relinquished | 4 |
998 | [
"Fill in the gap in the following US court opinion excerpt:\nhand, if the district court concludes, following an evi-dentiary hearing, that Krause forfeited his right to appointed counsel, a new trial is not necessary. c. Because we conclude that the district court denied Krause his due process rights, we do not de... | ); People v. Sloan, 262 A.D.2d 431, 693 N.Y.S.2d | 0 |
999 | [
"In the context of a US court opinion, complete the following excerpt:\nMoore, 917 F.2d at 221 (quoting United States v. Vinson, 606 F.2d 149, 154 (6th Cir.1979)). Further, the degree of proof requires “a strong showing of factually specific and compelling prejudice.” United States v. Benton, 852 F.2d 1456, 1469 (6... | ). An Order consistent with this Opinion will be | 2 |
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