messages listlengths 2 2 | meta dict |
|---|---|
[
{
"role": "user",
"content": "having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Utah R. Evid. 401. Evidence is admissible if it tends to prove some fact that is material to th... | {
"id": "law-000000",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 4284
} |
[
{
"role": "user",
"content": "having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Utah R. Evid. 401. Evidence is admissible if it tends to prove some fact that is material to th... | {
"id": "law-000000",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7339
} |
[
{
"role": "user",
"content": "127 Idaho 685, 687, 905 P.2d 86 (1995) (applying Strickland standard to petitioner’s claim that counsel’s failure to file petition for discretionary review with state Supreme Court constituted ineffective assistance of appellate counsel). At a hearing before the habeas court, t... | {
"id": "law-000016",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 8300
} |
[
{
"role": "user",
"content": "127 Idaho 685, 687, 905 P.2d 86 (1995) (applying Strickland standard to petitioner’s claim that counsel’s failure to file petition for discretionary review with state Supreme Court constituted ineffective assistance of appellate counsel). At a hearing before the habeas court, t... | {
"id": "law-000016",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 8317
} |
[
{
"role": "user",
"content": "v. Town of Mt. Pleasant, 308 S.C. 205, 208, 417 S.E.2d 579, 581 (1992). “Otherwise, parol evidence could render official minutes uncertain or unreliable so that the minutes would fail to afford dependable evidence of the proceedings____” Id.; see also Moore v. Postal Telegraph-... | {
"id": "law-000032",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 5634
} |
[
{
"role": "user",
"content": "v. Town of Mt. Pleasant, 308 S.C. 205, 208, 417 S.E.2d 579, 581 (1992). “Otherwise, parol evidence could render official minutes uncertain or unreliable so that the minutes would fail to afford dependable evidence of the proceedings____” Id.; see also Moore v. Postal Telegraph-... | {
"id": "law-000032",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6060
} |
[
{
"role": "user",
"content": "when the life sentence he received for this offense amounted to “cruel and unusual punishment” within the meaning of the United States and Georgia Constitutions. To begin with, we note that Pepe-Frazier has waived any direct constitutional challenge to his sentence by failing t... | {
"id": "law-000048",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 14138
} |
[
{
"role": "user",
"content": "when the life sentence he received for this offense amounted to “cruel and unusual punishment” within the meaning of the United States and Georgia Constitutions. To begin with, we note that Pepe-Frazier has waived any direct constitutional challenge to his sentence by failing t... | {
"id": "law-000048",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 16339
} |
[
{
"role": "user",
"content": "registration document. Moreover, the latter document was issued after the petitioner had emigrated to the United States, raising an obvious question as to why the Chinese government would certify her place of abode at a time when she was no longer there. The IJ considered these... | {
"id": "law-000064",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6947
} |
[
{
"role": "user",
"content": "registration document. Moreover, the latter document was issued after the petitioner had emigrated to the United States, raising an obvious question as to why the Chinese government would certify her place of abode at a time when she was no longer there. The IJ considered these... | {
"id": "law-000064",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 9104
} |
[
{
"role": "user",
"content": "Civ. P. 329b. If within that time a party files a motion for a new trial or a motion to vacate, modify, correct, or reform the judgment, then the trial court’s plenary power is'extended for thirty days after the last such motion is expressly or implicitly overruled. Id. The Man... | {
"id": "law-000080",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6603
} |
[
{
"role": "user",
"content": "Civ. P. 329b. If within that time a party files a motion for a new trial or a motion to vacate, modify, correct, or reform the judgment, then the trial court’s plenary power is'extended for thirty days after the last such motion is expressly or implicitly overruled. Id. The Man... | {
"id": "law-000080",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6783
} |
[
{
"role": "user",
"content": "F.2d 1310, 1316 (D.C.Cir.1982) (citing 16 U.S.C. § 1332(f)). The legislative history underlying the 1978 amendments further illuminates Congress’ intent: “The goal of wild horse and burro management, as with all range management programs, should be to maintain a thriving ecolog... | {
"id": "law-000096",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 5019
} |
[
{
"role": "user",
"content": "F.2d 1310, 1316 (D.C.Cir.1982) (citing 16 U.S.C. § 1332(f)). The legislative history underlying the 1978 amendments further illuminates Congress’ intent: “The goal of wild horse and burro management, as with all range management programs, should be to maintain a thriving ecolog... | {
"id": "law-000096",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 5976
} |
[
{
"role": "user",
"content": "S.Ct. 1836, 158 L.Ed.2d 645 (2004) (citing 28 U.S.C. § 1658), the ADA was enacted on July 26, 1990, see 104 Stat. 327, 327. We therefore borrow the state statute of limitations that applies to the most analogous state-law claim. See 42 U.S.C. § 1988; Wilson v. Garcia, 471 U.S. ... | {
"id": "law-000112",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 5438
} |
[
{
"role": "user",
"content": "S.Ct. 1836, 158 L.Ed.2d 645 (2004) (citing 28 U.S.C. § 1658), the ADA was enacted on July 26, 1990, see 104 Stat. 327, 327. We therefore borrow the state statute of limitations that applies to the most analogous state-law claim. See 42 U.S.C. § 1988; Wilson v. Garcia, 471 U.S. ... | {
"id": "law-000112",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6641
} |
[
{
"role": "user",
"content": "status. “In a case ... in which the legal relationships are not precisely defined, the attempt to pigeonhole the parties within the traditional categories of the common law is both strained and awkward.” Id. at 438, 625 A.2d 1110 (referring to the relationship between a real es... | {
"id": "law-000128",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 5614
} |
[
{
"role": "user",
"content": "status. “In a case ... in which the legal relationships are not precisely defined, the attempt to pigeonhole the parties within the traditional categories of the common law is both strained and awkward.” Id. at 438, 625 A.2d 1110 (referring to the relationship between a real es... | {
"id": "law-000128",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 9524
} |
[
{
"role": "user",
"content": "1092, 1096-97 (Ind.Ct.App.2008), reh’g denied, trans. denied. In order to claim the pro- teetion of the Fourth Amendment, a defendant must demonstrate that he personally had an expectation of privacy in the place to be searched and that his expectation was reasonable. Carter, 5... | {
"id": "law-000144",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 9070
} |
[
{
"role": "user",
"content": "1092, 1096-97 (Ind.Ct.App.2008), reh’g denied, trans. denied. In order to claim the pro- teetion of the Fourth Amendment, a defendant must demonstrate that he personally had an expectation of privacy in the place to be searched and that his expectation was reasonable. Carter, 5... | {
"id": "law-000144",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 9327
} |
[
{
"role": "user",
"content": "simply does not address the legality of the initial contact, and the Department's determination was to proceed on evidence establishing either excess BAC or refusal. C. The Exclusionary Rule is Inapplicable to Driver's License Revocation Proceedings 18 Francen argues that even ... | {
"id": "law-000160",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 5958
} |
[
{
"role": "user",
"content": "simply does not address the legality of the initial contact, and the Department's determination was to proceed on evidence establishing either excess BAC or refusal. C. The Exclusionary Rule is Inapplicable to Driver's License Revocation Proceedings 18 Francen argues that even ... | {
"id": "law-000160",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6412
} |
[
{
"role": "user",
"content": "as for [Plaintiffs],” and “demand[] that [Government’s] counsel provide this court with the case law that forbids banks from using this form of commercial paper to create assets, and how that is denied to the private citizen.” Id. at 4. Since the Notes were not returned, Plaint... | {
"id": "law-000176",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 5813
} |
[
{
"role": "user",
"content": "as for [Plaintiffs],” and “demand[] that [Government’s] counsel provide this court with the case law that forbids banks from using this form of commercial paper to create assets, and how that is denied to the private citizen.” Id. at 4. Since the Notes were not returned, Plaint... | {
"id": "law-000176",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6636
} |
[
{
"role": "user",
"content": "in the Sale Order Claims sold to the Plaintiff; and to allow such tactics would undermine this Court’s jurisdiction over the enforcement of its own order approving the sale of these claims to the Plaintiff. In sum, based on 28 U.S.C. § 2283, its power under § 105(a), and applic... | {
"id": "law-000192",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6548
} |
[
{
"role": "user",
"content": "in the Sale Order Claims sold to the Plaintiff; and to allow such tactics would undermine this Court’s jurisdiction over the enforcement of its own order approving the sale of these claims to the Plaintiff. In sum, based on 28 U.S.C. § 2283, its power under § 105(a), and applic... | {
"id": "law-000192",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7873
} |
[
{
"role": "user",
"content": "indicated a willingness to consider additional factors. See Osborne v. Ohio, 495 U.S. 103, 110-11, 110 S.Ct. 1691, 109 L.Ed.2d 98 (1990). In Osborne, the Supreme Court addressed the issue of whether Ohio could ban the possession of child pornography. Id. at 108, 110 S.Ct. 1691.... | {
"id": "law-000208",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 5947
} |
[
{
"role": "user",
"content": "indicated a willingness to consider additional factors. See Osborne v. Ohio, 495 U.S. 103, 110-11, 110 S.Ct. 1691, 109 L.Ed.2d 98 (1990). In Osborne, the Supreme Court addressed the issue of whether Ohio could ban the possession of child pornography. Id. at 108, 110 S.Ct. 1691.... | {
"id": "law-000208",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7168
} |
[
{
"role": "user",
"content": "see, e.g., Dedham Water Co. v. Cumberland Farms Dairy, Inc., 889 F.2d 1146, 1152 (1st Cir.1989); United States v. A & N Cleaners & Launderers, Inc., 788 F.Supp. 1317, 1324-25 (S.D.N.Y.1992) (Sweet, J.), and it is irrelevant if the PSA asserts that there are even very low levels... | {
"id": "law-000224",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 4807
} |
[
{
"role": "user",
"content": "see, e.g., Dedham Water Co. v. Cumberland Farms Dairy, Inc., 889 F.2d 1146, 1152 (1st Cir.1989); United States v. A & N Cleaners & Launderers, Inc., 788 F.Supp. 1317, 1324-25 (S.D.N.Y.1992) (Sweet, J.), and it is irrelevant if the PSA asserts that there are even very low levels... | {
"id": "law-000224",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6854
} |
[
{
"role": "user",
"content": "Merit Insurance Co. v. Leatherby Insurance Co., 714 F.2d 673, 678 (7th Cir.), cert. denied, — U.S. —, 104 S.Ct. 529, 78 L.Ed.2d 711 (1983). An arbitration agreement, including its forum selection clause, is a freely-negotiated contract between the parties. Courts must give effe... | {
"id": "law-000240",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 8611
} |
[
{
"role": "user",
"content": "Merit Insurance Co. v. Leatherby Insurance Co., 714 F.2d 673, 678 (7th Cir.), cert. denied, — U.S. —, 104 S.Ct. 529, 78 L.Ed.2d 711 (1983). An arbitration agreement, including its forum selection clause, is a freely-negotiated contract between the parties. Courts must give effe... | {
"id": "law-000240",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 10249
} |
[
{
"role": "user",
"content": "If Peterson brings an action, based on negligence, against Dora's mother, will Peterson prevail?\n\nA. Yes, if Dora was negligent.\nB. Yes, because Dora's mother is responsible for any harm caused by Dora.\nC. Yes, because Dora's mother assumed the risk of her child's actions.\... | {
"id": "law-000256",
"source": "barexam_qa",
"kind": "mcqa4",
"teacher_chars": 5470
} |
[
{
"role": "user",
"content": "If Peterson brings an action, based on negligence, against Dora's mother, will Peterson prevail?\n\nA. Yes, if Dora was negligent.\nB. Yes, because Dora's mother is responsible for any harm caused by Dora.\nC. Yes, because Dora's mother assumed the risk of her child's actions.\... | {
"id": "law-000256",
"source": "barexam_qa",
"kind": "mcqa4",
"teacher_chars": 6072
} |
[
{
"role": "user",
"content": "meeting at which Getch purportedly told those present that his conviction had been reversed. See Affidavit of Anthony Getch, August 15, 1988 [hereinafter Getch Affidavit] ¶ 6. 6 . Sherrer Certification II, supra, ¶ 4; Rafferty Affidavit, supra, ¶ 4. 7 . Defendant’s Memorandum o... | {
"id": "law-000272",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 10797
} |
[
{
"role": "user",
"content": "meeting at which Getch purportedly told those present that his conviction had been reversed. See Affidavit of Anthony Getch, August 15, 1988 [hereinafter Getch Affidavit] ¶ 6. 6 . Sherrer Certification II, supra, ¶ 4; Rafferty Affidavit, supra, ¶ 4. 7 . Defendant’s Memorandum o... | {
"id": "law-000272",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 15758
} |
[
{
"role": "user",
"content": "in Griffin in one or the other of the following respects: It either prohibits inviting the jury to do what the jury is perfectly entitled to do; or it requires the jury to do what is practically impossible. [Id. at 68, 120 S.Ct at 1124, 146 L.Ed.2d at 55 (footnoteq omitted).] U... | {
"id": "law-000288",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 5873
} |
[
{
"role": "user",
"content": "in Griffin in one or the other of the following respects: It either prohibits inviting the jury to do what the jury is perfectly entitled to do; or it requires the jury to do what is practically impossible. [Id. at 68, 120 S.Ct at 1124, 146 L.Ed.2d at 55 (footnoteq omitted).] U... | {
"id": "law-000288",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6385
} |
[
{
"role": "user",
"content": "Defendant to supervision. Because the Court was silent at sentencing as to whether its sentence would run concurrent or consecutive to any other sentence, it must look to the law with respect to the applicable presumption under these circumstances. Prior to 1984, Congress provi... | {
"id": "law-000304",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 10744
} |
[
{
"role": "user",
"content": "Defendant to supervision. Because the Court was silent at sentencing as to whether its sentence would run concurrent or consecutive to any other sentence, it must look to the law with respect to the applicable presumption under these circumstances. Prior to 1984, Congress provi... | {
"id": "law-000304",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 13633
} |
[
{
"role": "user",
"content": "judgment rule might well have come to the aid of the proponents of the plan.”); Blish v. Thompson Automatic Arms Corp., 64 A.2d 581, 603 (Del.1948) (finding that disinterested directors had the power to approve a grant of stock to other directors, and that, \"in the absence of ... | {
"id": "law-000320",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6652
} |
[
{
"role": "user",
"content": "judgment rule might well have come to the aid of the proponents of the plan.”); Blish v. Thompson Automatic Arms Corp., 64 A.2d 581, 603 (Del.1948) (finding that disinterested directors had the power to approve a grant of stock to other directors, and that, \"in the absence of ... | {
"id": "law-000320",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7812
} |
[
{
"role": "user",
"content": "notwithstanding its concession to the contrary, the Sandpiper Court and Baltimore Avenue warrants were supported by probable cause. Alternatively, the government contends that the seized evidence is admissible under the good faith exception to the Fourth Amendment exclusionary ... | {
"id": "law-000336",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6551
} |
[
{
"role": "user",
"content": "notwithstanding its concession to the contrary, the Sandpiper Court and Baltimore Avenue warrants were supported by probable cause. Alternatively, the government contends that the seized evidence is admissible under the good faith exception to the Fourth Amendment exclusionary ... | {
"id": "law-000336",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 9221
} |
[
{
"role": "user",
"content": "Cir.1994), a case involving the violent ‘war’ between factions of the Colombo Family criminal enterprise, the Second Circuit rejected the appellan (2d Cir.1991) (rejecting a sufficiency challenge that argued “violent in-fighting somehow proves that the [enterprise] was never a ... | {
"id": "law-000352",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7607
} |
[
{
"role": "user",
"content": "Cir.1994), a case involving the violent ‘war’ between factions of the Colombo Family criminal enterprise, the Second Circuit rejected the appellan (2d Cir.1991) (rejecting a sufficiency challenge that argued “violent in-fighting somehow proves that the [enterprise] was never a ... | {
"id": "law-000352",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7630
} |
[
{
"role": "user",
"content": "of the MSC and Texas Civil Practice & Remedies Code § 38.001. Under general maritime law a prevailing party is not entitled to recover attorney's fees absent some statutory authorization or contractual provision. Noritake Co., Inc. v. M/V Hellenic Champion, 627 F.2d 724, 730 (5... | {
"id": "law-000368",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 5601
} |
[
{
"role": "user",
"content": "of the MSC and Texas Civil Practice & Remedies Code § 38.001. Under general maritime law a prevailing party is not entitled to recover attorney's fees absent some statutory authorization or contractual provision. Noritake Co., Inc. v. M/V Hellenic Champion, 627 F.2d 724, 730 (5... | {
"id": "law-000368",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6100
} |
[
{
"role": "user",
"content": "action rather than limit themselves to in-school discipline. Moreover, the environment in which he was interviewed was coercive. A School Police officer, escorted R.H. to the office of the School Police, where three uniformed officers questioned him for approximately twenty-fiv... | {
"id": "law-000384",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6973
} |
[
{
"role": "user",
"content": "action rather than limit themselves to in-school discipline. Moreover, the environment in which he was interviewed was coercive. A School Police officer, escorted R.H. to the office of the School Police, where three uniformed officers questioned him for approximately twenty-fiv... | {
"id": "law-000384",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7726
} |
[
{
"role": "user",
"content": "its burden by pointing out the absence of evidence supporting the nonmoving party’s case. Stults v. Conoco, Inc., 76 F.3d at 656; National Association of Government Employees v. City Public Service Board, 40 F.3d 698, 712 (5th Cir.1994); and Latimer v. Smithkline & French Labor... | {
"id": "law-000400",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7716
} |
[
{
"role": "user",
"content": "they stand, procedurally, at this juncture. We will do our best to unravel the knot. Petitioner’s first petition for habeas corpus has not been completely decided because there are pending guilt-phase issues and no final judgment has been entered. Thus, the petition may, in the... | {
"id": "law-000416",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6477
} |
[
{
"role": "user",
"content": "they stand, procedurally, at this juncture. We will do our best to unravel the knot. Petitioner’s first petition for habeas corpus has not been completely decided because there are pending guilt-phase issues and no final judgment has been entered. Thus, the petition may, in the... | {
"id": "law-000416",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6501
} |
[
{
"role": "user",
"content": "weeks to conduct discovery of the Department of Enforcement and [the Unit] so that we can gain the evidence.” Transcript of Preliminary Injunction Hearing at 119, D.L. Cromwell v. NASD Regulation, 01 Civ. 728 (S.D.N.Y. Feb. 15, 2001). In its motion for a new trial, Cromwell rai... | {
"id": "law-000432",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7740
} |
[
{
"role": "user",
"content": "weeks to conduct discovery of the Department of Enforcement and [the Unit] so that we can gain the evidence.” Transcript of Preliminary Injunction Hearing at 119, D.L. Cromwell v. NASD Regulation, 01 Civ. 728 (S.D.N.Y. Feb. 15, 2001). In its motion for a new trial, Cromwell rai... | {
"id": "law-000432",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 8608
} |
[
{
"role": "user",
"content": "to vacate did not delay rendition of the trial court’s earlier order ratifying the hearing officer's recommended order. See Fla. R.App. P. 9.020(h) (2007) (providing that a motion “to vacate an order based on the recommendations of a hearing officer in accordance with Florida F... | {
"id": "law-000448",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7578
} |
[
{
"role": "user",
"content": "to vacate did not delay rendition of the trial court’s earlier order ratifying the hearing officer's recommended order. See Fla. R.App. P. 9.020(h) (2007) (providing that a motion “to vacate an order based on the recommendations of a hearing officer in accordance with Florida F... | {
"id": "law-000448",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 9204
} |
[
{
"role": "user",
"content": "following reasons, we uphold the decision of the trial court. A. ¶ 32 Appellant first argues that the trial court failed to properly weigh the aggravating and mitigating evidence. In accordance with A.R.S. § 13-703.01, we independently review the trial court’s findings regardin... | {
"id": "law-000464",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 5271
} |
[
{
"role": "user",
"content": "following reasons, we uphold the decision of the trial court. A. ¶ 32 Appellant first argues that the trial court failed to properly weigh the aggravating and mitigating evidence. In accordance with A.R.S. § 13-703.01, we independently review the trial court’s findings regardin... | {
"id": "law-000464",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6291
} |
[
{
"role": "user",
"content": "* * *.”); accord Lynch, supra, 85 N.J. at 71, 424 A.2d 1169 (stating that in some medical-malpractice cases “fault is not implicit in injury”). Although litigants are not noted for an ability dispassionately to appraise both s .Y.S.2d 831 (1968) (applying continuous-representat... | {
"id": "law-000480",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 5796
} |
[
{
"role": "user",
"content": "* * *.”); accord Lynch, supra, 85 N.J. at 71, 424 A.2d 1169 (stating that in some medical-malpractice cases “fault is not implicit in injury”). Although litigants are not noted for an ability dispassionately to appraise both s .Y.S.2d 831 (1968) (applying continuous-representat... | {
"id": "law-000480",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 5823
} |
[
{
"role": "user",
"content": "violations correspond to FLSA causes of action consisting of the same claims. See Filing No. H7—Reply p. 1; Filing No. 186—Brief p. 21. Based on the express statement of congressional intent “not to displace state laws granting workers higher minimum wages or a shorter maximum ... | {
"id": "law-000496",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7002
} |
[
{
"role": "user",
"content": "violations correspond to FLSA causes of action consisting of the same claims. See Filing No. H7—Reply p. 1; Filing No. 186—Brief p. 21. Based on the express statement of congressional intent “not to displace state laws granting workers higher minimum wages or a shorter maximum ... | {
"id": "law-000496",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7038
} |
[
{
"role": "user",
"content": "486 F.2d 498, 506-07 (5th Cir.1973) (noting that “although the presence of the Assistant United States Attorney at application proceedings held under Rule 17(b) violates the rule,” “to obtain a reversal of the conviction, defendant is required to show that he was prejudiced by ... | {
"id": "law-000512",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7594
} |
[
{
"role": "user",
"content": "486 F.2d 498, 506-07 (5th Cir.1973) (noting that “although the presence of the Assistant United States Attorney at application proceedings held under Rule 17(b) violates the rule,” “to obtain a reversal of the conviction, defendant is required to show that he was prejudiced by ... | {
"id": "law-000512",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7625
} |
[
{
"role": "user",
"content": "loss during the time of Arnold’s involvement in the conspiracy. Arnold, 125 FedAppx. 269. Arnold then filed a petition for a writ of certiorari with the Supreme Court. The Supreme Court granted that petition, vacating our opinion and remanding the case for further consideration... | {
"id": "law-000528",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7213
} |
[
{
"role": "user",
"content": "loss during the time of Arnold’s involvement in the conspiracy. Arnold, 125 FedAppx. 269. Arnold then filed a petition for a writ of certiorari with the Supreme Court. The Supreme Court granted that petition, vacating our opinion and remanding the case for further consideration... | {
"id": "law-000528",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7508
} |
[
{
"role": "user",
"content": "other than those conducted by telephone, shall be open to credentialed media representatives and to interested Party members, except that the Executive Committee may declare an executive (closed) session for the purpose of considering confidential matters. (Emphasis added) Stat... | {
"id": "law-000544",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 8079
} |
[
{
"role": "user",
"content": "other than those conducted by telephone, shall be open to credentialed media representatives and to interested Party members, except that the Executive Committee may declare an executive (closed) session for the purpose of considering confidential matters. (Emphasis added) Stat... | {
"id": "law-000544",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 8124
} |
[
{
"role": "user",
"content": "held that where the injured party, in the performance of his work, is struck by unsupported trusses, he can recover if the jury finds that the proximate cause of the injury was defendant’s failure to provide necessary supports in violation of the Act. (Urman, 101 Ill. App. 3d a... | {
"id": "law-000560",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6127
} |
[
{
"role": "user",
"content": "held that where the injured party, in the performance of his work, is struck by unsupported trusses, he can recover if the jury finds that the proximate cause of the injury was defendant’s failure to provide necessary supports in violation of the Act. (Urman, 101 Ill. App. 3d a... | {
"id": "law-000560",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6857
} |
[
{
"role": "user",
"content": "A statute authorizes a specified federal administrative agency to issue rules governing the distribution of federal grant funds for scientific research. The statute provides that, in issuing those rules, the agency must follow procedures and substantive standards contained in t... | {
"id": "law-000576",
"source": "barexam_qa",
"kind": "mcqa4",
"teacher_chars": 9209
} |
[
{
"role": "user",
"content": "A statute authorizes a specified federal administrative agency to issue rules governing the distribution of federal grant funds for scientific research. The statute provides that, in issuing those rules, the agency must follow procedures and substantive standards contained in t... | {
"id": "law-000576",
"source": "barexam_qa",
"kind": "mcqa4",
"teacher_chars": 9561
} |
[
{
"role": "user",
"content": "of some courts that have either applied the Excessive Fines Clause to challenged state action or assumed without deciding that the Clause applies. See, e.g., Hamilton v. City of New Albany, Indiana, 698 Fed.Appx. 821, 827-28, 2017 WL 2615453, at *5 (7th Cir. Jun. 16, 2017) (vac... | {
"id": "law-000592",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7615
} |
[
{
"role": "user",
"content": "of some courts that have either applied the Excessive Fines Clause to challenged state action or assumed without deciding that the Clause applies. See, e.g., Hamilton v. City of New Albany, Indiana, 698 Fed.Appx. 821, 827-28, 2017 WL 2615453, at *5 (7th Cir. Jun. 16, 2017) (vac... | {
"id": "law-000592",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 8037
} |
[
{
"role": "user",
"content": "the denial of a mitigating role adjustment where the defendant was held accountable only for the amount of drugs he personally carried); United States v. Lampkins, 47 F.3d 175, 180-81 (7th Cir. 1995) (same). The sentencing court was correct in placing Isienyi’s case within this... | {
"id": "law-000608",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 12349
} |
[
{
"role": "user",
"content": "the denial of a mitigating role adjustment where the defendant was held accountable only for the amount of drugs he personally carried); United States v. Lampkins, 47 F.3d 175, 180-81 (7th Cir. 1995) (same). The sentencing court was correct in placing Isienyi’s case within this... | {
"id": "law-000608",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 12844
} |
[
{
"role": "user",
"content": "Amendment were applicable outside the capital context, it is now established that they do govern non-capital sentences. Compare United States v. Polizzi, 549 F.Supp.2d 308, 362 (2008), vacated and remanded on other grownds, 564 F.3d 142 (2d Cir.2009) (“Whether proportionality a... | {
"id": "law-000624",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 5949
} |
[
{
"role": "user",
"content": "Amendment were applicable outside the capital context, it is now established that they do govern non-capital sentences. Compare United States v. Polizzi, 549 F.Supp.2d 308, 362 (2008), vacated and remanded on other grownds, 564 F.3d 142 (2d Cir.2009) (“Whether proportionality a... | {
"id": "law-000624",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6104
} |
[
{
"role": "user",
"content": "and to specify the period of time during which the interception is authorized. 26 . See United States v. Figueroa, 757 F.2d 466, 472 (2d Cir.1985). 27 . Id. The Second Circuit has held that compliance with Title III amounts to compliance with the Fourth Amendment. See United St... | {
"id": "law-000640",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6752
} |
[
{
"role": "user",
"content": "and to specify the period of time during which the interception is authorized. 26 . See United States v. Figueroa, 757 F.2d 466, 472 (2d Cir.1985). 27 . Id. The Second Circuit has held that compliance with Title III amounts to compliance with the Fourth Amendment. See United St... | {
"id": "law-000640",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6812
} |
[
{
"role": "user",
"content": "affect rates. Giving deference to the Commission’s view about what is necessary for effective ratemaking in a competitive market, id. at 294, 830 P.2d at 815, we conclude that the Commission can permissibly require an Af fected Utility that chooses to transfer competitive asset... | {
"id": "law-000656",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6887
} |
[
{
"role": "user",
"content": "affect rates. Giving deference to the Commission’s view about what is necessary for effective ratemaking in a competitive market, id. at 294, 830 P.2d at 815, we conclude that the Commission can permissibly require an Af fected Utility that chooses to transfer competitive asset... | {
"id": "law-000656",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 8633
} |
[
{
"role": "user",
"content": "a process over which OPM exerts regulatory control.” Id. The court concluded that removal pursuant to the federal officer removal statute was proper because the insurance carrier was subject to extensive oversight by OPM. See also, Goncalves ex rel. Goncalves v. Rady Children’s... | {
"id": "law-000672",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6769
} |
[
{
"role": "user",
"content": "a process over which OPM exerts regulatory control.” Id. The court concluded that removal pursuant to the federal officer removal statute was proper because the insurance carrier was subject to extensive oversight by OPM. See also, Goncalves ex rel. Goncalves v. Rady Children’s... | {
"id": "law-000672",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 8091
} |
[
{
"role": "user",
"content": "reasonable presumption against waiver should be indulged. Commonwealth v. Hooks, 375 Mass. 284, 288 (1978). A defendant’s illiteracy or low intelligence is not dispositive of his capacity to waive Miranda rights and render a knowing, intelligent, and voluntary confession. See C... | {
"id": "law-000688",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 4955
} |
[
{
"role": "user",
"content": "reasonable presumption against waiver should be indulged. Commonwealth v. Hooks, 375 Mass. 284, 288 (1978). A defendant’s illiteracy or low intelligence is not dispositive of his capacity to waive Miranda rights and render a knowing, intelligent, and voluntary confession. See C... | {
"id": "law-000688",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 5785
} |
[
{
"role": "user",
"content": "regardless of whether same-sex couples (or other non-procreative couples) are included.”). As the Utah court in Kitchen noted: [I]t defies reason to conclude that allowing same-sex couples to marry will diminish the example that married opposite-sex couples set for their unmarr... | {
"id": "law-000704",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 10365
} |
[
{
"role": "user",
"content": "regardless of whether same-sex couples (or other non-procreative couples) are included.”). As the Utah court in Kitchen noted: [I]t defies reason to conclude that allowing same-sex couples to marry will diminish the example that married opposite-sex couples set for their unmarr... | {
"id": "law-000704",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 10980
} |
[
{
"role": "user",
"content": "or character of the offense charged. Thus, he argues, the Commonwealth had to obtain an indictment for the amended charge before he could be tried on that charge. We disagree. “The purpose of an indictment ‘is to give an accused notice of the nature and character of the accusat... | {
"id": "law-000720",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7700
} |
[
{
"role": "user",
"content": "or character of the offense charged. Thus, he argues, the Commonwealth had to obtain an indictment for the amended charge before he could be tried on that charge. We disagree. “The purpose of an indictment ‘is to give an accused notice of the nature and character of the accusat... | {
"id": "law-000720",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 10319
} |
[
{
"role": "user",
"content": "T.I.A.S. No. 7990; Convention for the Conservation of Migratory Birds and Their Environment, Nov. 26,1976, U.S.-U.S.S.R., 92 Stat. 3110, T.I.A.S. No. 9073, 16 U.S.C. § 703; Migratory Bird Treaty Act, 16 U.S.C. § 703-712. North Dakota has also received federal financial support ... | {
"id": "law-000736",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 5961
} |
[
{
"role": "user",
"content": "T.I.A.S. No. 7990; Convention for the Conservation of Migratory Birds and Their Environment, Nov. 26,1976, U.S.-U.S.S.R., 92 Stat. 3110, T.I.A.S. No. 9073, 16 U.S.C. § 703; Migratory Bird Treaty Act, 16 U.S.C. § 703-712. North Dakota has also received federal financial support ... | {
"id": "law-000736",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7666
} |
[
{
"role": "user",
"content": "taken together can be reasonably construed to be based on personal belief.” Id. at 1176-77 (citing Bess). We not only found that this constituted misconduct calling for the trial court to take corrective measures, but we also characterized the prosecutor’s conduct as “inexcusab... | {
"id": "law-000752",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 12425
} |
[
{
"role": "user",
"content": "by $18,976). As a result, the 1992 payment, despite satisfying part of the Greers’ 1982 tax liability, was not a \"pay ment of the [full] tax,” and therefore did not end the penalty period for the 1982 underpayment. Because this complication is irrelevant to our resolution of t... | {
"id": "law-000768",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7170
} |
[
{
"role": "user",
"content": "by $18,976). As a result, the 1992 payment, despite satisfying part of the Greers’ 1982 tax liability, was not a \"pay ment of the [full] tax,” and therefore did not end the penalty period for the 1982 underpayment. Because this complication is irrelevant to our resolution of t... | {
"id": "law-000768",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7187
} |
[
{
"role": "user",
"content": "subject debt from dis-charge.” Id. at 169. The court cited evi-dence offered at trial that the landlord had allowed the debtors to reside at the rental property for eleven months without paying rent because of a series of promises of-fered by the debtors as to future payment. T... | {
"id": "law-000784",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 6531
} |
[
{
"role": "user",
"content": "subject debt from dis-charge.” Id. at 169. The court cited evi-dence offered at trial that the landlord had allowed the debtors to reside at the rental property for eleven months without paying rent because of a series of promises of-fered by the debtors as to future payment. T... | {
"id": "law-000784",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7148
} |
[
{
"role": "user",
"content": "job assignments are considered discrete acts. Coudert v. Janney Montgomery Scott, LLC, 2005 WL 1563325 (D.Conn.2005). Such is the case because these types of adverse employment actions are easy to identify and “each incident of discrimination and each retaliatory adverse employ... | {
"id": "law-000800",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 8743
} |
[
{
"role": "user",
"content": "trial court’s choice-of-law determination on appeal, as “its insured adequately represented Lumber-mens’ interests”- until that point. Id. The supreme court agreed with Lumbermens and held that it was entitled to invoke the virtual-representation doctrine to raise on appeal the... | {
"id": "law-000816",
"source": "CaseHOLD-train",
"kind": "mcqa5",
"teacher_chars": 7931
} |
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