context stringlengths 58 1.13k | citation_a dict | citation_b dict | case_id int64 475 12.5M | label stringclasses 2
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Nor does the legislative history suggest that the General Assembly intended to create a new and separate offense. We conclude that the General Assembly did not intend for heat of passion to be an affirmative defense to the offense of first-degree assault. | {
"signal": "see",
"identifier": "830 P.2d 1085, 1088",
"parenthetical": "stating that the General Assembly chose not to classify heat of passion as an affirmative defense to first-degree assault",
"sentence": "See People v. Pennese, 830 P.2d 1085, 1088 (Colo.App.1991) (stating that the General Assembly chose n... | {
"signal": "see also",
"identifier": "768 P.2d 1235, 1239",
"parenthetical": "rejecting argument that alibi was an affirmative defense and noting that an alibi defense was not expressly established by statute as an affirmative defense",
"sentence": "See People v. Pennese, 830 P.2d 1085, 1088 (Colo.App.1991) (s... | 10,365,288 | a |
Nor is the fact that Dallio ultimately performed competently in conducting his defense necessarily material to determine the validity of a Sixth Amendment waiver under Faretta. | {
"signal": "see",
"identifier": "422 U.S. 836, 836",
"parenthetical": "\"[The defendant's] technical legal knowledge ... was not relevant to an assessment of his knowing exercise of the right to defend himself.\"",
"sentence": "See Faretta, 422 U.S. at 836, 95 S.Ct. 2525 (“[The defendant’s] technical legal kno... | {
"signal": "see also",
"identifier": "509 U.S. 389, 399",
"parenthetical": "\"[T]he competence that is required of a defendant seeking to waive his right to counsel is the competence to waive the right, * not the competence to represent himself.\"",
"sentence": "See Faretta, 422 U.S. at 836, 95 S.Ct. 2525 (“[T... | 9,096,898 | a |
Nor is the fact that Dallio ultimately performed competently in conducting his defense necessarily material to determine the validity of a Sixth Amendment waiver under Faretta. | {
"signal": "see",
"identifier": "422 U.S. 836, 836",
"parenthetical": "\"[The defendant's] technical legal knowledge ... was not relevant to an assessment of his knowing exercise of the right to defend himself.\"",
"sentence": "See Faretta, 422 U.S. at 836, 95 S.Ct. 2525 (“[The defendant’s] technical legal kno... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[T]he competence that is required of a defendant seeking to waive his right to counsel is the competence to waive the right, * not the competence to represent himself.\"",
"sentence": "See Faretta, 422 U.S. at 836, 95 S.Ct. 2525 (“[The defendant’s]... | 9,096,898 | a |
Nor is the fact that Dallio ultimately performed competently in conducting his defense necessarily material to determine the validity of a Sixth Amendment waiver under Faretta. | {
"signal": "see",
"identifier": "422 U.S. 836, 836",
"parenthetical": "\"[The defendant's] technical legal knowledge ... was not relevant to an assessment of his knowing exercise of the right to defend himself.\"",
"sentence": "See Faretta, 422 U.S. at 836, 95 S.Ct. 2525 (“[The defendant’s] technical legal kno... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[T]he competence that is required of a defendant seeking to waive his right to counsel is the competence to waive the right, * not the competence to represent himself.\"",
"sentence": "See Faretta, 422 U.S. at 836, 95 S.Ct. 2525 (“[The defendant’s]... | 9,096,898 | a |
Nor is the fact that Dallio ultimately performed competently in conducting his defense necessarily material to determine the validity of a Sixth Amendment waiver under Faretta. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[The defendant's] technical legal knowledge ... was not relevant to an assessment of his knowing exercise of the right to defend himself.\"",
"sentence": "See Faretta, 422 U.S. at 836, 95 S.Ct. 2525 (“[The defendant’s] technical legal knowledge ... was ... | {
"signal": "see also",
"identifier": "509 U.S. 389, 399",
"parenthetical": "\"[T]he competence that is required of a defendant seeking to waive his right to counsel is the competence to waive the right, * not the competence to represent himself.\"",
"sentence": "See Faretta, 422 U.S. at 836, 95 S.Ct. 2525 (“[T... | 9,096,898 | a |
Nor is the fact that Dallio ultimately performed competently in conducting his defense necessarily material to determine the validity of a Sixth Amendment waiver under Faretta. | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[T]he competence that is required of a defendant seeking to waive his right to counsel is the competence to waive the right, * not the competence to represent himself.\"",
"sentence": "See Faretta, 422 U.S. at 836, 95 S.Ct. 2525 (“[The defendant’s]... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[The defendant's] technical legal knowledge ... was not relevant to an assessment of his knowing exercise of the right to defend himself.\"",
"sentence": "See Faretta, 422 U.S. at 836, 95 S.Ct. 2525 (“[The defendant’s] technical legal knowledge ... was ... | 9,096,898 | b |
Nor is the fact that Dallio ultimately performed competently in conducting his defense necessarily material to determine the validity of a Sixth Amendment waiver under Faretta. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[The defendant's] technical legal knowledge ... was not relevant to an assessment of his knowing exercise of the right to defend himself.\"",
"sentence": "See Faretta, 422 U.S. at 836, 95 S.Ct. 2525 (“[The defendant’s] technical legal knowledge ... was ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"[T]he competence that is required of a defendant seeking to waive his right to counsel is the competence to waive the right, * not the competence to represent himself.\"",
"sentence": "See Faretta, 422 U.S. at 836, 95 S.Ct. 2525 (“[The defendant’s]... | 9,096,898 | a |
Under the circumstances alleged here, it takes more than saber rattling alone to impose quid pro quo liability on an employer; the supervisor must have wielded the authority entrusted to him to subject the victim to adverse job consequences as a result of her refusal to submit to unwelcome sexual advances. | {
"signal": "see",
"identifier": "833 F.2d 1414, 1414",
"parenthetical": "quid pro quo sexual harassment exists when adverse job consequences result from employee's refusal to submit to sexual advances",
"sentence": "See Sauers v. Salt Lake County, 1 F.3d 1122, 1127 (10th Cir.1993) (“If the plaintiff can show t... | {
"signal": "but see",
"identifier": "42 F.3d 503, 513",
"parenthetical": "\"[A] supervisor's intertwining of a request for the performance of sexual favors with a discussion of actual or potential job benefits or detriments in a single conversation constitutes quid pro quo sexual harassment.\"",
"sentence": "S... | 5,868,413 | a |
Under the circumstances alleged here, it takes more than saber rattling alone to impose quid pro quo liability on an employer; the supervisor must have wielded the authority entrusted to him to subject the victim to adverse job consequences as a result of her refusal to submit to unwelcome sexual advances. | {
"signal": "but see",
"identifier": "42 F.3d 503, 513",
"parenthetical": "\"[A] supervisor's intertwining of a request for the performance of sexual favors with a discussion of actual or potential job benefits or detriments in a single conversation constitutes quid pro quo sexual harassment.\"",
"sentence": "S... | {
"signal": "see",
"identifier": "805 F.2d 649, 649",
"parenthetical": "no cause of action for quid pro quo sexual harassment where \"the record [is] totally devoid of any evidence tending to demonstrate that plaintiff was denied a job benefit or suffered a job detriment as a result of her failure to engage in th... | 5,868,413 | b |
The statistical evidence thus shows some disparity. A sufficient disparity may constitute a "pattern or practice" of discrimination and may support a finding of intentional discrimination. | {
"signal": "see",
"identifier": null,
"parenthetical": "proof of pattern or practice of discrimination supports inference that \"any particular employment decision during the period in which the discriminatory policy was in force, was made in pursuit of that plan\"",
"sentence": "See Rossini v. Ogilvy & Mather... | {
"signal": "see also",
"identifier": "806 F.Supp. 1126, 1143",
"parenthetical": "\"While in a disparate treatment ease, proof of discriminatory intent is required, in some cases it can be inferred from the 'mere fact of a difference in treatment.'\"",
"sentence": "See Rossini v. Ogilvy & Mather, Inc., 798 F.2d... | 940,498 | a |
The statistical evidence thus shows some disparity. A sufficient disparity may constitute a "pattern or practice" of discrimination and may support a finding of intentional discrimination. | {
"signal": "see",
"identifier": null,
"parenthetical": "proof of pattern or practice of discrimination supports inference that \"any particular employment decision during the period in which the discriminatory policy was in force, was made in pursuit of that plan\"",
"sentence": "See Rossini v. Ogilvy & Mather... | {
"signal": "see also",
"identifier": "806 F.Supp. 1126, 1143",
"parenthetical": "\"While in a disparate treatment ease, proof of discriminatory intent is required, in some cases it can be inferred from the 'mere fact of a difference in treatment.'\"",
"sentence": "See Rossini v. Ogilvy & Mather, Inc., 798 F.2d... | 940,498 | a |
The statistical evidence thus shows some disparity. A sufficient disparity may constitute a "pattern or practice" of discrimination and may support a finding of intentional discrimination. | {
"signal": "see",
"identifier": null,
"parenthetical": "proof of pattern or practice of discrimination supports inference that \"any particular employment decision during the period in which the discriminatory policy was in force, was made in pursuit of that plan\"",
"sentence": "See Rossini v. Ogilvy & Mather... | {
"signal": "see also",
"identifier": "806 F.Supp. 1126, 1143",
"parenthetical": "\"While in a disparate treatment ease, proof of discriminatory intent is required, in some cases it can be inferred from the 'mere fact of a difference in treatment.'\"",
"sentence": "See Rossini v. Ogilvy & Mather, Inc., 798 F.2d... | 940,498 | a |
According to the opinion, the shortcoming here -- the absence of an adequate basis to award costs -- is the court's and not the candidate's. But, the candidate was the moving party requesting litigation costs and has already had two opportunities to identify the basis for that request. | {
"signal": "see",
"identifier": "807 A.2d 837, 837",
"parenthetical": "applicant failed to establish entitlement to counsel fees pursuant to 23 Pa.C.S. SS 4351(a",
"sentence": "See Bowser, 807 A.2d at 837 (applicant failed to establish entitlement to counsel fees pursuant to 23 Pa.C.S. § 4351(a); Section 4351(... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "applicant for counsel fees from common fund has burden of proving his/her entitlement to those fees",
"sentence": "See Bowser, 807 A.2d at 837 (applicant failed to establish entitlement to counsel fees pursuant to 23 Pa.C.S. § 4351(a); Section 4351(a) sta... | 4,200,771 | a |
According to the opinion, the shortcoming here -- the absence of an adequate basis to award costs -- is the court's and not the candidate's. But, the candidate was the moving party requesting litigation costs and has already had two opportunities to identify the basis for that request. | {
"signal": "cf.",
"identifier": "515 A.2d 855, 859",
"parenthetical": "applicant for counsel fees from common fund has burden of proving his/her entitlement to those fees",
"sentence": "See Bowser, 807 A.2d at 837 (applicant failed to establish entitlement to counsel fees pursuant to 23 Pa.C.S. § 4351(a); Sect... | {
"signal": "see",
"identifier": "807 A.2d 837, 837",
"parenthetical": "applicant failed to establish entitlement to counsel fees pursuant to 23 Pa.C.S. SS 4351(a",
"sentence": "See Bowser, 807 A.2d at 837 (applicant failed to establish entitlement to counsel fees pursuant to 23 Pa.C.S. § 4351(a); Section 4351(... | 4,200,771 | b |
Moreover, Angelina's statements to investigating officers in the days following Bryan's death did not waive her privilege against self-incrimination with respect to the later criminal proceeding against Torre or with respect to the instant civil proceeding. | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that when a witness's previous disclosure is not an actual admission of guilt or incriminating facts, the witness subsequently may assert the privilege and decline to testify as to matters that might incriminate him",
"sentence": "See United ... | {
"signal": "see",
"identifier": "604 F.2d 613, 623",
"parenthetical": "holding that voluntary testimony before a grand jury did not waive the privilege at trial, because \"[i]t is settled that a waiver of the Fifth Amendment privilege is limited to the particular proceeding in which the waiver occurs\"",
"sent... | 6,049,402 | b |
Moreover, Angelina's statements to investigating officers in the days following Bryan's death did not waive her privilege against self-incrimination with respect to the later criminal proceeding against Torre or with respect to the instant civil proceeding. | {
"signal": "see",
"identifier": "604 F.2d 613, 623",
"parenthetical": "holding that voluntary testimony before a grand jury did not waive the privilege at trial, because \"[i]t is settled that a waiver of the Fifth Amendment privilege is limited to the particular proceeding in which the waiver occurs\"",
"sent... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that when a witness's previous disclosure is not an actual admission of guilt or incriminating facts, the witness subsequently may assert the privilege and decline to testify as to matters that might incriminate him",
"sentence": "See United ... | 6,049,402 | a |
Moreover, Angelina's statements to investigating officers in the days following Bryan's death did not waive her privilege against self-incrimination with respect to the later criminal proceeding against Torre or with respect to the instant civil proceeding. | {
"signal": "see",
"identifier": "604 F.2d 613, 623",
"parenthetical": "holding that voluntary testimony before a grand jury did not waive the privilege at trial, because \"[i]t is settled that a waiver of the Fifth Amendment privilege is limited to the particular proceeding in which the waiver occurs\"",
"sent... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that when a witness's previous disclosure is not an actual admission of guilt or incriminating facts, the witness subsequently may assert the privilege and decline to testify as to matters that might incriminate him",
"sentence": "See United ... | 6,049,402 | a |
There is nothing wrong with the abstract legal basis of Resco's theory of standing. It is well settled in the Third Circuit that "express assignments of antitrust claims from a direct purchaser to an indirect purchaser are permissible and do not run afoul of Illinois Brick's standing requirements." | {
"signal": "no signal",
"identifier": "995 F.2d 438, 438-440",
"parenthetical": "holding that \"any assignment of antitrust claims, as a matter of federal common law, must be an express assignment ... [because] an express assignment ... entirely eliminates any problems of split recoveries or duplicative liabilit... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"this circuit has long recognized that antitrust claims can be assigned.... Indeed, numerous courts have certified litigation classes in which the named plaintiffs were operating under an assignment.\"",
"sentence": "In re K-Dur Antitrust Litig., 33... | 4,327,754 | a |
There is nothing wrong with the abstract legal basis of Resco's theory of standing. It is well settled in the Third Circuit that "express assignments of antitrust claims from a direct purchaser to an indirect purchaser are permissible and do not run afoul of Illinois Brick's standing requirements." | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"this circuit has long recognized that antitrust claims can be assigned.... Indeed, numerous courts have certified litigation classes in which the named plaintiffs were operating under an assignment.\"",
"sentence": "In re K-Dur Antitrust Litig., 33... | {
"signal": "no signal",
"identifier": "995 F.2d 438, 438-440",
"parenthetical": "holding that \"any assignment of antitrust claims, as a matter of federal common law, must be an express assignment ... [because] an express assignment ... entirely eliminates any problems of split recoveries or duplicative liabilit... | 4,327,754 | b |
Consequently, not only was acceptance of the clause a condition of employment, it was a condition of being considered for employment. A prospective employee such as Hernandez thus has no meaningful opportunity to negotiate its terms. | {
"signal": "see also",
"identifier": "24 Cal.4th 114, 114",
"parenthetical": "holding that an arbitration agreement was procedurally unconscionable because it \"was imposed on employees as a condition of employment and there was no opportunity to negotiate ... \"",
"sentence": "See Circuit City Stores, 279 F.3... | {
"signal": "see",
"identifier": "279 F.3d 893, 893",
"parenthetical": "holding that an agreement was procedurally unconscionable because \"job applicants [were] not permitted to modify the agreement's terms -- they [had to] take the contract or leave it\"",
"sentence": "See Circuit City Stores, 279 F.3d at 893... | 4,335,365 | b |
Consequently, not only was acceptance of the clause a condition of employment, it was a condition of being considered for employment. A prospective employee such as Hernandez thus has no meaningful opportunity to negotiate its terms. | {
"signal": "see",
"identifier": "279 F.3d 893, 893",
"parenthetical": "holding that an agreement was procedurally unconscionable because \"job applicants [were] not permitted to modify the agreement's terms -- they [had to] take the contract or leave it\"",
"sentence": "See Circuit City Stores, 279 F.3d at 893... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that an arbitration agreement was procedurally unconscionable because it \"was imposed on employees as a condition of employment and there was no opportunity to negotiate ... \"",
"sentence": "See Circuit City Stores, 279 F.3d at 893 (holding... | 4,335,365 | a |
Consequently, not only was acceptance of the clause a condition of employment, it was a condition of being considered for employment. A prospective employee such as Hernandez thus has no meaningful opportunity to negotiate its terms. | {
"signal": "see",
"identifier": "279 F.3d 893, 893",
"parenthetical": "holding that an agreement was procedurally unconscionable because \"job applicants [were] not permitted to modify the agreement's terms -- they [had to] take the contract or leave it\"",
"sentence": "See Circuit City Stores, 279 F.3d at 893... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that an arbitration agreement was procedurally unconscionable because it \"was imposed on employees as a condition of employment and there was no opportunity to negotiate ... \"",
"sentence": "See Circuit City Stores, 279 F.3d at 893 (holding... | 4,335,365 | a |
Her identification of the defendant should not be discounted simply because she is not a police officer specially trained to observe details. Further, her description of the burglar, although lacking in some details, substantially agreed with the defendant's appearance. | {
"signal": "see",
"identifier": "120 N.H. 319, 323",
"parenthetical": "holding that the descriptions given by three witnesses were sufficiently accurate, despite the fact that they varied in detail",
"sentence": "See State v. Heald, 120 N.H. 319, 323, 414 A.2d 1288, 1290 (1980) (holding that the descriptions g... | {
"signal": "see also",
"identifier": "123 N.H. 209, 214",
"parenthetical": "upholding the trial court's finding that the identification was reliable where \"[t]he inconsistency between the defendant's appearance and the victim's description of him was limited to the absence of a moustache and a discrepancy in ha... | 2,302,649 | a |
Her identification of the defendant should not be discounted simply because she is not a police officer specially trained to observe details. Further, her description of the burglar, although lacking in some details, substantially agreed with the defendant's appearance. | {
"signal": "see also",
"identifier": "459 A.2d 259, 262",
"parenthetical": "upholding the trial court's finding that the identification was reliable where \"[t]he inconsistency between the defendant's appearance and the victim's description of him was limited to the absence of a moustache and a discrepancy in ha... | {
"signal": "see",
"identifier": "120 N.H. 319, 323",
"parenthetical": "holding that the descriptions given by three witnesses were sufficiently accurate, despite the fact that they varied in detail",
"sentence": "See State v. Heald, 120 N.H. 319, 323, 414 A.2d 1288, 1290 (1980) (holding that the descriptions g... | 2,302,649 | b |
Her identification of the defendant should not be discounted simply because she is not a police officer specially trained to observe details. Further, her description of the burglar, although lacking in some details, substantially agreed with the defendant's appearance. | {
"signal": "see",
"identifier": "120 N.H. 319, 323",
"parenthetical": "holding that the descriptions given by three witnesses were sufficiently accurate, despite the fact that they varied in detail",
"sentence": "See State v. Heald, 120 N.H. 319, 323, 414 A.2d 1288, 1290 (1980) (holding that the descriptions g... | {
"signal": "see also",
"identifier": null,
"parenthetical": "upholding the trial court's finding that the identification was reliable where \"[t]he inconsistency between the defendant's appearance and the victim's description of him was limited to the absence of a moustache and a discrepancy in hair length\"",
... | 2,302,649 | a |
Her identification of the defendant should not be discounted simply because she is not a police officer specially trained to observe details. Further, her description of the burglar, although lacking in some details, substantially agreed with the defendant's appearance. | {
"signal": "see",
"identifier": "120 N.H. 319, 323",
"parenthetical": "holding that the descriptions given by three witnesses were sufficiently accurate, despite the fact that they varied in detail",
"sentence": "See State v. Heald, 120 N.H. 319, 323, 414 A.2d 1288, 1290 (1980) (holding that the descriptions g... | {
"signal": "but cf.",
"identifier": "118 N.H. 220, 220",
"parenthetical": "stating that the accuracy of the victim's description was diminished by his failure to mention the defendant's moustache, \"of which there was strong evidence\"",
"sentence": "But cf. State v. LeClair, 118 N.H. at 220, 385 A.2d at 834 (... | 2,302,649 | a |
Her identification of the defendant should not be discounted simply because she is not a police officer specially trained to observe details. Further, her description of the burglar, although lacking in some details, substantially agreed with the defendant's appearance. | {
"signal": "see",
"identifier": "120 N.H. 319, 323",
"parenthetical": "holding that the descriptions given by three witnesses were sufficiently accurate, despite the fact that they varied in detail",
"sentence": "See State v. Heald, 120 N.H. 319, 323, 414 A.2d 1288, 1290 (1980) (holding that the descriptions g... | {
"signal": "but cf.",
"identifier": "385 A.2d 834, 834",
"parenthetical": "stating that the accuracy of the victim's description was diminished by his failure to mention the defendant's moustache, \"of which there was strong evidence\"",
"sentence": "But cf. State v. LeClair, 118 N.H. at 220, 385 A.2d at 834 (... | 2,302,649 | a |
Her identification of the defendant should not be discounted simply because she is not a police officer specially trained to observe details. Further, her description of the burglar, although lacking in some details, substantially agreed with the defendant's appearance. | {
"signal": "see",
"identifier": "414 A.2d 1288, 1290",
"parenthetical": "holding that the descriptions given by three witnesses were sufficiently accurate, despite the fact that they varied in detail",
"sentence": "See State v. Heald, 120 N.H. 319, 323, 414 A.2d 1288, 1290 (1980) (holding that the descriptions... | {
"signal": "see also",
"identifier": "123 N.H. 209, 214",
"parenthetical": "upholding the trial court's finding that the identification was reliable where \"[t]he inconsistency between the defendant's appearance and the victim's description of him was limited to the absence of a moustache and a discrepancy in ha... | 2,302,649 | a |
Her identification of the defendant should not be discounted simply because she is not a police officer specially trained to observe details. Further, her description of the burglar, although lacking in some details, substantially agreed with the defendant's appearance. | {
"signal": "see also",
"identifier": "459 A.2d 259, 262",
"parenthetical": "upholding the trial court's finding that the identification was reliable where \"[t]he inconsistency between the defendant's appearance and the victim's description of him was limited to the absence of a moustache and a discrepancy in ha... | {
"signal": "see",
"identifier": "414 A.2d 1288, 1290",
"parenthetical": "holding that the descriptions given by three witnesses were sufficiently accurate, despite the fact that they varied in detail",
"sentence": "See State v. Heald, 120 N.H. 319, 323, 414 A.2d 1288, 1290 (1980) (holding that the descriptions... | 2,302,649 | b |
Her identification of the defendant should not be discounted simply because she is not a police officer specially trained to observe details. Further, her description of the burglar, although lacking in some details, substantially agreed with the defendant's appearance. | {
"signal": "see also",
"identifier": null,
"parenthetical": "upholding the trial court's finding that the identification was reliable where \"[t]he inconsistency between the defendant's appearance and the victim's description of him was limited to the absence of a moustache and a discrepancy in hair length\"",
... | {
"signal": "see",
"identifier": "414 A.2d 1288, 1290",
"parenthetical": "holding that the descriptions given by three witnesses were sufficiently accurate, despite the fact that they varied in detail",
"sentence": "See State v. Heald, 120 N.H. 319, 323, 414 A.2d 1288, 1290 (1980) (holding that the descriptions... | 2,302,649 | b |
Her identification of the defendant should not be discounted simply because she is not a police officer specially trained to observe details. Further, her description of the burglar, although lacking in some details, substantially agreed with the defendant's appearance. | {
"signal": "see",
"identifier": "414 A.2d 1288, 1290",
"parenthetical": "holding that the descriptions given by three witnesses were sufficiently accurate, despite the fact that they varied in detail",
"sentence": "See State v. Heald, 120 N.H. 319, 323, 414 A.2d 1288, 1290 (1980) (holding that the descriptions... | {
"signal": "but cf.",
"identifier": "118 N.H. 220, 220",
"parenthetical": "stating that the accuracy of the victim's description was diminished by his failure to mention the defendant's moustache, \"of which there was strong evidence\"",
"sentence": "But cf. State v. LeClair, 118 N.H. at 220, 385 A.2d at 834 (... | 2,302,649 | a |
Her identification of the defendant should not be discounted simply because she is not a police officer specially trained to observe details. Further, her description of the burglar, although lacking in some details, substantially agreed with the defendant's appearance. | {
"signal": "but cf.",
"identifier": "385 A.2d 834, 834",
"parenthetical": "stating that the accuracy of the victim's description was diminished by his failure to mention the defendant's moustache, \"of which there was strong evidence\"",
"sentence": "But cf. State v. LeClair, 118 N.H. at 220, 385 A.2d at 834 (... | {
"signal": "see",
"identifier": "414 A.2d 1288, 1290",
"parenthetical": "holding that the descriptions given by three witnesses were sufficiently accurate, despite the fact that they varied in detail",
"sentence": "See State v. Heald, 120 N.H. 319, 323, 414 A.2d 1288, 1290 (1980) (holding that the descriptions... | 2,302,649 | b |
Her identification of the defendant should not be discounted simply because she is not a police officer specially trained to observe details. Further, her description of the burglar, although lacking in some details, substantially agreed with the defendant's appearance. | {
"signal": "see also",
"identifier": "123 N.H. 209, 214",
"parenthetical": "upholding the trial court's finding that the identification was reliable where \"[t]he inconsistency between the defendant's appearance and the victim's description of him was limited to the absence of a moustache and a discrepancy in ha... | {
"signal": "but cf.",
"identifier": "118 N.H. 220, 220",
"parenthetical": "stating that the accuracy of the victim's description was diminished by his failure to mention the defendant's moustache, \"of which there was strong evidence\"",
"sentence": "But cf. State v. LeClair, 118 N.H. at 220, 385 A.2d at 834 (... | 2,302,649 | a |
Her identification of the defendant should not be discounted simply because she is not a police officer specially trained to observe details. Further, her description of the burglar, although lacking in some details, substantially agreed with the defendant's appearance. | {
"signal": "but cf.",
"identifier": "385 A.2d 834, 834",
"parenthetical": "stating that the accuracy of the victim's description was diminished by his failure to mention the defendant's moustache, \"of which there was strong evidence\"",
"sentence": "But cf. State v. LeClair, 118 N.H. at 220, 385 A.2d at 834 (... | {
"signal": "see also",
"identifier": "123 N.H. 209, 214",
"parenthetical": "upholding the trial court's finding that the identification was reliable where \"[t]he inconsistency between the defendant's appearance and the victim's description of him was limited to the absence of a moustache and a discrepancy in ha... | 2,302,649 | b |
Her identification of the defendant should not be discounted simply because she is not a police officer specially trained to observe details. Further, her description of the burglar, although lacking in some details, substantially agreed with the defendant's appearance. | {
"signal": "see also",
"identifier": "459 A.2d 259, 262",
"parenthetical": "upholding the trial court's finding that the identification was reliable where \"[t]he inconsistency between the defendant's appearance and the victim's description of him was limited to the absence of a moustache and a discrepancy in ha... | {
"signal": "but cf.",
"identifier": "118 N.H. 220, 220",
"parenthetical": "stating that the accuracy of the victim's description was diminished by his failure to mention the defendant's moustache, \"of which there was strong evidence\"",
"sentence": "But cf. State v. LeClair, 118 N.H. at 220, 385 A.2d at 834 (... | 2,302,649 | a |
Her identification of the defendant should not be discounted simply because she is not a police officer specially trained to observe details. Further, her description of the burglar, although lacking in some details, substantially agreed with the defendant's appearance. | {
"signal": "but cf.",
"identifier": "385 A.2d 834, 834",
"parenthetical": "stating that the accuracy of the victim's description was diminished by his failure to mention the defendant's moustache, \"of which there was strong evidence\"",
"sentence": "But cf. State v. LeClair, 118 N.H. at 220, 385 A.2d at 834 (... | {
"signal": "see also",
"identifier": "459 A.2d 259, 262",
"parenthetical": "upholding the trial court's finding that the identification was reliable where \"[t]he inconsistency between the defendant's appearance and the victim's description of him was limited to the absence of a moustache and a discrepancy in ha... | 2,302,649 | b |
Her identification of the defendant should not be discounted simply because she is not a police officer specially trained to observe details. Further, her description of the burglar, although lacking in some details, substantially agreed with the defendant's appearance. | {
"signal": "but cf.",
"identifier": "118 N.H. 220, 220",
"parenthetical": "stating that the accuracy of the victim's description was diminished by his failure to mention the defendant's moustache, \"of which there was strong evidence\"",
"sentence": "But cf. State v. LeClair, 118 N.H. at 220, 385 A.2d at 834 (... | {
"signal": "see also",
"identifier": null,
"parenthetical": "upholding the trial court's finding that the identification was reliable where \"[t]he inconsistency between the defendant's appearance and the victim's description of him was limited to the absence of a moustache and a discrepancy in hair length\"",
... | 2,302,649 | b |
Her identification of the defendant should not be discounted simply because she is not a police officer specially trained to observe details. Further, her description of the burglar, although lacking in some details, substantially agreed with the defendant's appearance. | {
"signal": "but cf.",
"identifier": "385 A.2d 834, 834",
"parenthetical": "stating that the accuracy of the victim's description was diminished by his failure to mention the defendant's moustache, \"of which there was strong evidence\"",
"sentence": "But cf. State v. LeClair, 118 N.H. at 220, 385 A.2d at 834 (... | {
"signal": "see also",
"identifier": null,
"parenthetical": "upholding the trial court's finding that the identification was reliable where \"[t]he inconsistency between the defendant's appearance and the victim's description of him was limited to the absence of a moustache and a discrepancy in hair length\"",
... | 2,302,649 | b |
The Trustee has not challenged the validity of the IRA and has made arguments that assume the IRA is a legitimate IRA. See Kartzman Cert. PP 2, 4 & 5. Thus, this Court will treat the funds in question as a valid IRA because there is nothing in the record that suggests that the IRA has not been validly created. | {
"signal": "see",
"identifier": "69 T.C. 750, 756",
"parenthetical": "stating \"the parties assume, and we have no reason to doubt their assumption, that the taxpayers met all the requirements of section 408(a) [of the Internal Code] and validly created an IRA\"",
"sentence": "See Orzechowski v. Commissioner, ... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "tax court analyzed whether an IRA was created where the petitioners argued that a valid IRA was never created",
"sentence": "See Orzechowski v. Commissioner, 69 T.C. 750, 756, 1978 WL 3296 (1978) (stating “the parties assume, and we have no reason to doub... | 6,105,964 | a |
The Trustee has not challenged the validity of the IRA and has made arguments that assume the IRA is a legitimate IRA. See Kartzman Cert. PP 2, 4 & 5. Thus, this Court will treat the funds in question as a valid IRA because there is nothing in the record that suggests that the IRA has not been validly created. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "tax court analyzed whether an IRA was created where the petitioners argued that a valid IRA was never created",
"sentence": "See Orzechowski v. Commissioner, 69 T.C. 750, 756, 1978 WL 3296 (1978) (stating “the parties assume, and we have no reason to doub... | {
"signal": "see",
"identifier": "69 T.C. 750, 756",
"parenthetical": "stating \"the parties assume, and we have no reason to doubt their assumption, that the taxpayers met all the requirements of section 408(a) [of the Internal Code] and validly created an IRA\"",
"sentence": "See Orzechowski v. Commissioner, ... | 6,105,964 | b |
The Trustee has not challenged the validity of the IRA and has made arguments that assume the IRA is a legitimate IRA. See Kartzman Cert. PP 2, 4 & 5. Thus, this Court will treat the funds in question as a valid IRA because there is nothing in the record that suggests that the IRA has not been validly created. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "tax court analyzed whether an IRA was created where the petitioners argued that a valid IRA was never created",
"sentence": "See Orzechowski v. Commissioner, 69 T.C. 750, 756, 1978 WL 3296 (1978) (stating “the parties assume, and we have no reason to doub... | {
"signal": "see",
"identifier": null,
"parenthetical": "stating \"the parties assume, and we have no reason to doubt their assumption, that the taxpayers met all the requirements of section 408(a) [of the Internal Code] and validly created an IRA\"",
"sentence": "See Orzechowski v. Commissioner, 69 T.C. 750, 7... | 6,105,964 | b |
The Trustee has not challenged the validity of the IRA and has made arguments that assume the IRA is a legitimate IRA. See Kartzman Cert. PP 2, 4 & 5. Thus, this Court will treat the funds in question as a valid IRA because there is nothing in the record that suggests that the IRA has not been validly created. | {
"signal": "see",
"identifier": null,
"parenthetical": "stating \"the parties assume, and we have no reason to doubt their assumption, that the taxpayers met all the requirements of section 408(a) [of the Internal Code] and validly created an IRA\"",
"sentence": "See Orzechowski v. Commissioner, 69 T.C. 750, 7... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "tax court analyzed whether an IRA was created where the petitioners argued that a valid IRA was never created",
"sentence": "See Orzechowski v. Commissioner, 69 T.C. 750, 756, 1978 WL 3296 (1978) (stating “the parties assume, and we have no reason to doub... | 6,105,964 | a |
The Trustee has not challenged the validity of the IRA and has made arguments that assume the IRA is a legitimate IRA. See Kartzman Cert. PP 2, 4 & 5. Thus, this Court will treat the funds in question as a valid IRA because there is nothing in the record that suggests that the IRA has not been validly created. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "tax court analyzed whether an IRA was created where the petitioners argued that a valid IRA was never created",
"sentence": "See Orzechowski v. Commissioner, 69 T.C. 750, 756, 1978 WL 3296 (1978) (stating “the parties assume, and we have no reason to doub... | {
"signal": "see",
"identifier": null,
"parenthetical": "stating \"the parties assume, and we have no reason to doubt their assumption, that the taxpayers met all the requirements of section 408(a",
"sentence": "See Orzechowski v. Commissioner, 69 T.C. 750, 756, 1978 WL 3296 (1978) (stating “the parties assume,... | 6,105,964 | b |
The Trustee has not challenged the validity of the IRA and has made arguments that assume the IRA is a legitimate IRA. See Kartzman Cert. PP 2, 4 & 5. Thus, this Court will treat the funds in question as a valid IRA because there is nothing in the record that suggests that the IRA has not been validly created. | {
"signal": "see",
"identifier": null,
"parenthetical": "stating \"the parties assume, and we have no reason to doubt their assumption, that the taxpayers met all the requirements of section 408(a",
"sentence": "See Orzechowski v. Commissioner, 69 T.C. 750, 756, 1978 WL 3296 (1978) (stating “the parties assume,... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "tax court analyzed whether an IRA was created where the petitioners argued that a valid IRA was never created",
"sentence": "See Orzechowski v. Commissioner, 69 T.C. 750, 756, 1978 WL 3296 (1978) (stating “the parties assume, and we have no reason to doub... | 6,105,964 | a |
Our view that larceny may be proved by evidence that the property owner lacked the mental capacity to consent is in harmony with most of the cases from other jurisdictions where the courts have interpreted similar statutes that do not include lack of consent as an element of the crime. | {
"signal": "cf.",
"identifier": "32 Kan. App. 2d 67, 79-80",
"parenthetical": "concluding that capacity of mentally handicapped victim could not be considered under felony theft statute because defendant's actions already covered under specific offense of mistreatment of dependent adult",
"sentence": "Cf. Stat... | {
"signal": "see",
"identifier": "553 So. 2d 673, 679",
"parenthetical": "\"even without an express statutory provision . . . mental deficiency on the part of the victim, which is known or should be known to the defendant, can render ineffective the apparent consent by that victim in a prosecution for theft\"",
... | 4,145,058 | b |
Our view that larceny may be proved by evidence that the property owner lacked the mental capacity to consent is in harmony with most of the cases from other jurisdictions where the courts have interpreted similar statutes that do not include lack of consent as an element of the crime. | {
"signal": "cf.",
"identifier": "32 Kan. App. 2d 67, 79-80",
"parenthetical": "concluding that capacity of mentally handicapped victim could not be considered under felony theft statute because defendant's actions already covered under specific offense of mistreatment of dependent adult",
"sentence": "Cf. Stat... | {
"signal": "see",
"identifier": "238 Mich. App. 95, 128-129",
"parenthetical": "affirming larceny conviction because victim lacked mental capacity to consent to taking",
"sentence": "See Gainer v. State, 553 So. 2d 673, 679 (Ala. Crim. App. 1989) (“even without an express statutory provision . . . mental defic... | 4,145,058 | b |
Our view that larceny may be proved by evidence that the property owner lacked the mental capacity to consent is in harmony with most of the cases from other jurisdictions where the courts have interpreted similar statutes that do not include lack of consent as an element of the crime. | {
"signal": "see",
"identifier": "225 A.D.2d 380, 380-381",
"parenthetical": "holding that jury may consider victim's mental capacity in determining whether defendant acted with victim's knowledge and consent",
"sentence": "See Gainer v. State, 553 So. 2d 673, 679 (Ala. Crim. App. 1989) (“even without an expres... | {
"signal": "cf.",
"identifier": "32 Kan. App. 2d 67, 79-80",
"parenthetical": "concluding that capacity of mentally handicapped victim could not be considered under felony theft statute because defendant's actions already covered under specific offense of mistreatment of dependent adult",
"sentence": "Cf. Stat... | 4,145,058 | a |
We recognize that an insurance policy may provide contractual, .first-priority, dollar-for-dollar subrogation rights. | {
"signal": "see also",
"identifier": "455 S.W.3d 558, 563-64",
"parenthetical": "limiting intervenor insurer's recovery from third party sued by insured to contractual provisions of insurance policy",
"sentence": "See, e.g., Fortis Benefits v. Cantu, 234 S.W.3d 642, 648 (Tex.2007) (holding subrogation clause t... | {
"signal": "see",
"identifier": "234 S.W.3d 642, 648",
"parenthetical": "holding subrogation clause that granted insurer a right of. recovery against \"any and .all\" third-party settlements authorized insurer to recoup first-priority, dollar-for-dollar recovery from plaintiffs settlement",
"sentence": "See, e... | 6,767,865 | b |
Zuckman also seeks restitution on behalf of himself and the general public for their purchases of Monster Energy drinks. See Compl. at 11; Pl.'s Mot. for Remand at 13. Restitution claims, like claims for statutory damages or attorney fees, generally cannot be aggregated for purposes of satisfying the amount-in-controve... | {
"signal": "see also",
"identifier": "729 F.2d 831, 833",
"parenthetical": "\"Separate and distinct claims, regardless of whether they share a community of interest or originate in a single transaction or event, may not be aggregated....\"",
"sentence": "See Snyder, 394 U.S. at 335, 89 S.Ct. 1053 (holding that... | {
"signal": "see",
"identifier": "394 U.S. 335, 335",
"parenthetical": "holding that the \"separate and distinct claims of two or more plaintiffs cannot be aggregated\" to establish jurisdiction",
"sentence": "See Snyder, 394 U.S. at 335, 89 S.Ct. 1053 (holding that the “separate and distinct claims of two or m... | 3,832,571 | b |
Zuckman also seeks restitution on behalf of himself and the general public for their purchases of Monster Energy drinks. See Compl. at 11; Pl.'s Mot. for Remand at 13. Restitution claims, like claims for statutory damages or attorney fees, generally cannot be aggregated for purposes of satisfying the amount-in-controve... | {
"signal": "see",
"identifier": "394 U.S. 335, 335",
"parenthetical": "holding that the \"separate and distinct claims of two or more plaintiffs cannot be aggregated\" to establish jurisdiction",
"sentence": "See Snyder, 394 U.S. at 335, 89 S.Ct. 1053 (holding that the “separate and distinct claims of two or m... | {
"signal": "see also",
"identifier": "394 U.S. 335, 335",
"parenthetical": "\"Separate and distinct claims, regardless of whether they share a community of interest or originate in a single transaction or event, may not be aggregated....\"",
"sentence": "See Snyder, 394 U.S. at 335, 89 S.Ct. 1053 (holding that... | 3,832,571 | a |
Zuckman also seeks restitution on behalf of himself and the general public for their purchases of Monster Energy drinks. See Compl. at 11; Pl.'s Mot. for Remand at 13. Restitution claims, like claims for statutory damages or attorney fees, generally cannot be aggregated for purposes of satisfying the amount-in-controve... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Separate and distinct claims, regardless of whether they share a community of interest or originate in a single transaction or event, may not be aggregated....\"",
"sentence": "See Snyder, 394 U.S. at 335, 89 S.Ct. 1053 (holding that the “separate ... | {
"signal": "see",
"identifier": "394 U.S. 335, 335",
"parenthetical": "holding that the \"separate and distinct claims of two or more plaintiffs cannot be aggregated\" to establish jurisdiction",
"sentence": "See Snyder, 394 U.S. at 335, 89 S.Ct. 1053 (holding that the “separate and distinct claims of two or m... | 3,832,571 | b |
Zuckman also seeks restitution on behalf of himself and the general public for their purchases of Monster Energy drinks. See Compl. at 11; Pl.'s Mot. for Remand at 13. Restitution claims, like claims for statutory damages or attorney fees, generally cannot be aggregated for purposes of satisfying the amount-in-controve... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the \"separate and distinct claims of two or more plaintiffs cannot be aggregated\" to establish jurisdiction",
"sentence": "See Snyder, 394 U.S. at 335, 89 S.Ct. 1053 (holding that the “separate and distinct claims of two or more plaintiffs ... | {
"signal": "see also",
"identifier": "729 F.2d 831, 833",
"parenthetical": "\"Separate and distinct claims, regardless of whether they share a community of interest or originate in a single transaction or event, may not be aggregated....\"",
"sentence": "See Snyder, 394 U.S. at 335, 89 S.Ct. 1053 (holding that... | 3,832,571 | a |
Zuckman also seeks restitution on behalf of himself and the general public for their purchases of Monster Energy drinks. See Compl. at 11; Pl.'s Mot. for Remand at 13. Restitution claims, like claims for statutory damages or attorney fees, generally cannot be aggregated for purposes of satisfying the amount-in-controve... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the \"separate and distinct claims of two or more plaintiffs cannot be aggregated\" to establish jurisdiction",
"sentence": "See Snyder, 394 U.S. at 335, 89 S.Ct. 1053 (holding that the “separate and distinct claims of two or more plaintiffs ... | {
"signal": "see also",
"identifier": "394 U.S. 335, 335",
"parenthetical": "\"Separate and distinct claims, regardless of whether they share a community of interest or originate in a single transaction or event, may not be aggregated....\"",
"sentence": "See Snyder, 394 U.S. at 335, 89 S.Ct. 1053 (holding that... | 3,832,571 | a |
Zuckman also seeks restitution on behalf of himself and the general public for their purchases of Monster Energy drinks. See Compl. at 11; Pl.'s Mot. for Remand at 13. Restitution claims, like claims for statutory damages or attorney fees, generally cannot be aggregated for purposes of satisfying the amount-in-controve... | {
"signal": "see also",
"identifier": null,
"parenthetical": "\"Separate and distinct claims, regardless of whether they share a community of interest or originate in a single transaction or event, may not be aggregated....\"",
"sentence": "See Snyder, 394 U.S. at 335, 89 S.Ct. 1053 (holding that the “separate ... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the \"separate and distinct claims of two or more plaintiffs cannot be aggregated\" to establish jurisdiction",
"sentence": "See Snyder, 394 U.S. at 335, 89 S.Ct. 1053 (holding that the “separate and distinct claims of two or more plaintiffs ... | 3,832,571 | b |
Paul H. Existing explanations of the merger doctrine offer little guidance in more selectively describing the underlying felonies that merge." | {
"signal": "see also",
"identifier": null,
"parenthetical": "Before a defendant may prevail on a claim that a state offense offends due process it must be shown that the legislative practice offends a principle of justice so rooted in traditions and conscience of the people as to be ranked as fundamental",
"se... | {
"signal": "see",
"identifier": null,
"parenthetical": "Right of self defense is not a fundamental constitutional right within the due process clause",
"sentence": "See Rowe v. DeBruyn, 17 F.3d 1047 (7th Cir.1994)(Right of self defense is not a fundamental constitutional right within the due process clause); s... | 11,818,259 | b |
Paul H. Existing explanations of the merger doctrine offer little guidance in more selectively describing the underlying felonies that merge." | {
"signal": "see also",
"identifier": "116 S.Ct. 2021, 2021",
"parenthetical": "Before a defendant may prevail on a claim that a state offense offends due process it must be shown that the legislative practice offends a principle of justice so rooted in traditions and conscience of the people as to be ranked as f... | {
"signal": "see",
"identifier": null,
"parenthetical": "Right of self defense is not a fundamental constitutional right within the due process clause",
"sentence": "See Rowe v. DeBruyn, 17 F.3d 1047 (7th Cir.1994)(Right of self defense is not a fundamental constitutional right within the due process clause); s... | 11,818,259 | b |
The BIA determined that Petitioner's negative factors -- the fraud and misrepresentation contained in Petitioner's application -- outweighed the credible testimony from some of Petitioner's witnesses and the possibility of hardship should Petitioner be removed. The BIA concluded that Petitioner's longstanding history o... | {
"signal": "see also",
"identifier": "453 F.3d 743, 748",
"parenthetical": "stating that since Petitioner's \"claim relies on contesting ... factual determinations rather than on statutory construction or a constitutional claim, we are without jurisdiction to review the BIA's determination denying her asylum.\""... | {
"signal": "no signal",
"identifier": "678 F.3d 404, 406",
"parenthetical": "noting that arguments that challenge \"the Board's assessment of the weight and credibility of the evidence [are] matters that the statute commits to the Attorney General's 'sole discretion' \"",
"sentence": "Johns v. Holder, 678 F.3d... | 5,901,433 | b |
The specification undoubtedly enables the invention in the latter form, as it clearly describes how to make and use such strips with Type 2 aluminum, and there is no question that the resulting strips are well-wetted. However, as part of the quid pro quo of the patent bargain, the applicant's specification must enable ... | {
"signal": "see also",
"identifier": "858 F.2d 736, 736-37",
"parenthetical": "\"Enablement is not precluded by some experimentation, such as routine screening.\"",
"sentence": "Wright, 999 F.2d at 1561. That is not to say that the specification itself must necessarily describe how to make and use every possib... | {
"signal": "no signal",
"identifier": "999 F.2d 1561, 1561",
"parenthetical": "\"[A] specification need not disclose what is well known in the art.\"",
"sentence": "Wright, 999 F.2d at 1561. That is not to say that the specification itself must necessarily describe how to make and use every possible variant of... | 781,005 | b |
The specification undoubtedly enables the invention in the latter form, as it clearly describes how to make and use such strips with Type 2 aluminum, and there is no question that the resulting strips are well-wetted. However, as part of the quid pro quo of the patent bargain, the applicant's specification must enable ... | {
"signal": "see also",
"identifier": "858 F.2d 736, 736-37",
"parenthetical": "\"Enablement is not precluded by some experimentation, such as routine screening.\"",
"sentence": "Wright, 999 F.2d at 1561. That is not to say that the specification itself must necessarily describe how to make and use every possib... | {
"signal": "no signal",
"identifier": "108 F.3d 1361, 1366",
"parenthetical": "\"[A] specification need not disclose what is well known in the art.\"",
"sentence": "Wright, 999 F.2d at 1561. That is not to say that the specification itself must necessarily describe how to make and use every possible variant of... | 781,005 | b |
Both Rule 11 and Rule 26 treat signed papers as certifying that the pleading is not offered for any improper purpose, such as to harass, that the claims and contentions therein have a basis in existing law, and that the contentions have evidentiary support. Thus, actions that violate Rule 11(b) also violate the provisi... | {
"signal": "see",
"identifier": "927 F.2d 1135, 1137",
"parenthetical": "courts apply Rule 11 standards and case law to Rule 26(g",
"sentence": "See, e.g., In re Byrd, Inc., 927 F.2d 1135, 1137 (10th Cir. 1991) (courts apply Rule 11 standards and case law to Rule 26(g)); Apex Oil Co. v. Belcher Co. of New York... | {
"signal": "see also",
"identifier": "783 P.2d 919, 922-23",
"parenthetical": "although trial court erred in imposing sanction under Rule 37(b) in the absence of a prior discovery order, sanction would be affirmed under Rule 26(g",
"sentence": "See, e.g., In re Byrd, Inc., 927 F.2d 1135, 1137 (10th Cir. 1991) ... | 370,039 | a |
Both Rule 11 and Rule 26 treat signed papers as certifying that the pleading is not offered for any improper purpose, such as to harass, that the claims and contentions therein have a basis in existing law, and that the contentions have evidentiary support. Thus, actions that violate Rule 11(b) also violate the provisi... | {
"signal": "see",
"identifier": "855 F.2d 1009, 1015",
"parenthetical": "in interpreting and applying Rule 26(g), courts look to case law and standards under Rule 11",
"sentence": "See, e.g., In re Byrd, Inc., 927 F.2d 1135, 1137 (10th Cir. 1991) (courts apply Rule 11 standards and case law to Rule 26(g)); Ape... | {
"signal": "see also",
"identifier": "783 P.2d 919, 922-23",
"parenthetical": "although trial court erred in imposing sanction under Rule 37(b) in the absence of a prior discovery order, sanction would be affirmed under Rule 26(g",
"sentence": "See, e.g., In re Byrd, Inc., 927 F.2d 1135, 1137 (10th Cir. 1991) ... | 370,039 | a |
Both Rule 11 and Rule 26 treat signed papers as certifying that the pleading is not offered for any improper purpose, such as to harass, that the claims and contentions therein have a basis in existing law, and that the contentions have evidentiary support. Thus, actions that violate Rule 11(b) also violate the provisi... | {
"signal": "see",
"identifier": "994 P.2d 1139, 1146",
"parenthetical": "since Rule 26(g) contains same language as Rule 11 to the effect that pleading or discovery request or objection may not be \"interposed for any improper purpose,\" same standard of review applies",
"sentence": "See, e.g., In re Byrd, Inc... | {
"signal": "see also",
"identifier": "783 P.2d 919, 922-23",
"parenthetical": "although trial court erred in imposing sanction under Rule 37(b) in the absence of a prior discovery order, sanction would be affirmed under Rule 26(g",
"sentence": "See, e.g., In re Byrd, Inc., 927 F.2d 1135, 1137 (10th Cir. 1991) ... | 370,039 | a |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "cf.",
"identifier": "452 Pa. 554, 556",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 432... | {
"signal": "see",
"identifier": "468 Pa. 303, 311",
"parenthetical": "\"Evidence of prior misconduct unrelated to the issues at trial is admissible only insofar as it bears directly on the witness' 'character for truth.' \"",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (“... | 625,217 | b |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "see",
"identifier": "468 Pa. 303, 311",
"parenthetical": "\"Evidence of prior misconduct unrelated to the issues at trial is admissible only insofar as it bears directly on the witness' 'character for truth.' \"",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (“... | {
"signal": "cf.",
"identifier": "307 A.2d 255, 257",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 43... | 625,217 | a |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "see",
"identifier": "468 Pa. 303, 311",
"parenthetical": "\"Evidence of prior misconduct unrelated to the issues at trial is admissible only insofar as it bears directly on the witness' 'character for truth.' \"",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (“... | {
"signal": "cf.",
"identifier": "432 Pa. 123, 125",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 432... | 625,217 | a |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "see",
"identifier": "468 Pa. 303, 311",
"parenthetical": "\"Evidence of prior misconduct unrelated to the issues at trial is admissible only insofar as it bears directly on the witness' 'character for truth.' \"",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (“... | {
"signal": "cf.",
"identifier": "247 A.2d 467, 468",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 43... | 625,217 | a |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "cf.",
"identifier": "452 Pa. 554, 556",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 432... | {
"signal": "see",
"identifier": "362 A.2d 217, 220",
"parenthetical": "\"Evidence of prior misconduct unrelated to the issues at trial is admissible only insofar as it bears directly on the witness' 'character for truth.' \"",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (... | 625,217 | b |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "cf.",
"identifier": "307 A.2d 255, 257",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 43... | {
"signal": "see",
"identifier": "362 A.2d 217, 220",
"parenthetical": "\"Evidence of prior misconduct unrelated to the issues at trial is admissible only insofar as it bears directly on the witness' 'character for truth.' \"",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (... | 625,217 | b |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "see",
"identifier": "362 A.2d 217, 220",
"parenthetical": "\"Evidence of prior misconduct unrelated to the issues at trial is admissible only insofar as it bears directly on the witness' 'character for truth.' \"",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (... | {
"signal": "cf.",
"identifier": "432 Pa. 123, 125",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 432... | 625,217 | a |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "see",
"identifier": "362 A.2d 217, 220",
"parenthetical": "\"Evidence of prior misconduct unrelated to the issues at trial is admissible only insofar as it bears directly on the witness' 'character for truth.' \"",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (... | {
"signal": "cf.",
"identifier": "247 A.2d 467, 468",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 43... | 625,217 | a |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "cf.",
"identifier": "452 Pa. 554, 556",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 432... | {
"signal": "see",
"identifier": "369 Pa. 72, 80",
"parenthetical": "\"A witness cannot be contradicted on collateral matters to test credibility^]\"",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (“Evidence of prior misconduct unrelated to the issues at trial is admissible... | 625,217 | b |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "see",
"identifier": "369 Pa. 72, 80",
"parenthetical": "\"A witness cannot be contradicted on collateral matters to test credibility^]\"",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (“Evidence of prior misconduct unrelated to the issues at trial is admissible... | {
"signal": "cf.",
"identifier": "307 A.2d 255, 257",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 43... | 625,217 | a |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "cf.",
"identifier": "432 Pa. 123, 125",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 432... | {
"signal": "see",
"identifier": "369 Pa. 72, 80",
"parenthetical": "\"A witness cannot be contradicted on collateral matters to test credibility^]\"",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (“Evidence of prior misconduct unrelated to the issues at trial is admissible... | 625,217 | b |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "cf.",
"identifier": "247 A.2d 467, 468",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 43... | {
"signal": "see",
"identifier": "369 Pa. 72, 80",
"parenthetical": "\"A witness cannot be contradicted on collateral matters to test credibility^]\"",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (“Evidence of prior misconduct unrelated to the issues at trial is admissible... | 625,217 | b |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "cf.",
"identifier": "452 Pa. 554, 556",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 432... | {
"signal": "see",
"identifier": "85 A.2d 425, 429",
"parenthetical": "\"A witness cannot be contradicted on collateral matters to test credibility^]\"",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (“Evidence of prior misconduct unrelated to the issues at trial is admissib... | 625,217 | b |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "see",
"identifier": "85 A.2d 425, 429",
"parenthetical": "\"A witness cannot be contradicted on collateral matters to test credibility^]\"",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (“Evidence of prior misconduct unrelated to the issues at trial is admissib... | {
"signal": "cf.",
"identifier": "307 A.2d 255, 257",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 43... | 625,217 | a |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "cf.",
"identifier": "432 Pa. 123, 125",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 432... | {
"signal": "see",
"identifier": "85 A.2d 425, 429",
"parenthetical": "\"A witness cannot be contradicted on collateral matters to test credibility^]\"",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (“Evidence of prior misconduct unrelated to the issues at trial is admissib... | 625,217 | b |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "cf.",
"identifier": "247 A.2d 467, 468",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 43... | {
"signal": "see",
"identifier": "85 A.2d 425, 429",
"parenthetical": "\"A witness cannot be contradicted on collateral matters to test credibility^]\"",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (“Evidence of prior misconduct unrelated to the issues at trial is admissib... | 625,217 | b |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "see",
"identifier": "448 A.2d 609, 612",
"parenthetical": "credibility of witness may not be attacked by questions regarding instances of misconduct unrelated to the issue on trial",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (“Evidence of prior misconduct un... | {
"signal": "cf.",
"identifier": "452 Pa. 554, 556",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 432... | 625,217 | a |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "see",
"identifier": "448 A.2d 609, 612",
"parenthetical": "credibility of witness may not be attacked by questions regarding instances of misconduct unrelated to the issue on trial",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (“Evidence of prior misconduct un... | {
"signal": "cf.",
"identifier": "307 A.2d 255, 257",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 43... | 625,217 | a |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "see",
"identifier": "448 A.2d 609, 612",
"parenthetical": "credibility of witness may not be attacked by questions regarding instances of misconduct unrelated to the issue on trial",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (“Evidence of prior misconduct un... | {
"signal": "cf.",
"identifier": "432 Pa. 123, 125",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 432... | 625,217 | a |
Appellant next asserts that the trial court erred in refusing to permit defense counsel to inquire into the circumstances under which Janice Steckel left her employment at the Holiday Inn, when Steckel's credibility was at issue. We disagree. It is well settled that the scope of cross examination is within the sound di... | {
"signal": "see",
"identifier": "448 A.2d 609, 612",
"parenthetical": "credibility of witness may not be attacked by questions regarding instances of misconduct unrelated to the issue on trial",
"sentence": "See Commonwealth v. Gaddy, 468 Pa. 303, 311, 362 A.2d 217, 220 (1976) (“Evidence of prior misconduct un... | {
"signal": "cf.",
"identifier": "247 A.2d 467, 468",
"parenthetical": "prior convictions used to impeach credibility are limited to crimes involving dishonesty or false statements",
"sentence": "Cf. Commonwealth v. Bighum, 452 Pa. 554, 556, 307 A.2d 255, 257 (1973) , and McIntosh v. Pittsburgh Railways Co., 43... | 625,217 | a |
In Triton Marine, however, we found it unnecessary to conduct a Lauritzen choice-of-law analysis because the contract at issue contained a choice-of-law clause. | {
"signal": "see also",
"identifier": "465 F.3d 148, 148",
"parenthetical": "holding that the choice of law question was \"made easy\" by the party's contractual provision agreeing that English law would apply",
"sentence": "Triton Marine, 575 F.3d at 415; see also Bominflot, Inc., 465 F.3d at 148 (holding that... | {
"signal": "see",
"identifier": "345 U.S. 588, 588-89",
"parenthetical": "\"Except as forbidden by some public policy, the tendency of the law is to apply in contract matters the law which the parties intended to apply.\"",
"sentence": "See Triton Marine, 575 F.3d at 413; see altso Lauritzen, 345 U.S. at 588-8... | 4,149,933 | b |
In Triton Marine, however, we found it unnecessary to conduct a Lauritzen choice-of-law analysis because the contract at issue contained a choice-of-law clause. | {
"signal": "see also",
"identifier": "465 F.3d 148, 148",
"parenthetical": "holding that the choice of law question was \"made easy\" by the party's contractual provision agreeing that English law would apply",
"sentence": "Triton Marine, 575 F.3d at 415; see also Bominflot, Inc., 465 F.3d at 148 (holding that... | {
"signal": "see",
"identifier": null,
"parenthetical": "\"Except as forbidden by some public policy, the tendency of the law is to apply in contract matters the law which the parties intended to apply.\"",
"sentence": "See Triton Marine, 575 F.3d at 413; see altso Lauritzen, 345 U.S. at 588-89, 73 S.Ct. 921 (“... | 4,149,933 | b |
We note that two of the primary cases Polite cites in support of its position dictate that whether the witness repudiates the statement or disavows its accuracy is important, if not critical, to its admittance. | {
"signal": "see also",
"identifier": null,
"parenthetical": "stating that when examining the totality of circumstances, the court should look at four indications of reliability, the first being whether the witness disavows accuracy",
"sentence": "See Pickett v. United States, 822 A.2d 404, 406 (D.C.2003) (stat... | {
"signal": "see",
"identifier": "822 A.2d 404, 406",
"parenthetical": "stating that the court should adhere to the rule that the witness must confirm the accuracy of the recorded statement, but interpreting this to mean that unless the witness expressly repudiated the statement at trial, the trial judge \"may co... | 7,011,167 | b |
We note that two of the primary cases Polite cites in support of its position dictate that whether the witness repudiates the statement or disavows its accuracy is important, if not critical, to its admittance. | {
"signal": "see",
"identifier": "822 A.2d 404, 406",
"parenthetical": "stating that the court should adhere to the rule that the witness must confirm the accuracy of the recorded statement, but interpreting this to mean that unless the witness expressly repudiated the statement at trial, the trial judge \"may co... | {
"signal": "see also",
"identifier": "949 P.2d 831, 835-36",
"parenthetical": "stating that when examining the totality of circumstances, the court should look at four indications of reliability, the first being whether the witness disavows accuracy",
"sentence": "See Pickett v. United States, 822 A.2d 404, 40... | 7,011,167 | a |
Section 652E of the Second Restatement of Torts provides that one of the elements of false light publicity is that the defendant had knowledge of the falsity of his statement or reckless disregard for whether the statement was true. Section 652E has been adopted by the Kansas courts. | {
"signal": "no signal",
"identifier": "221 Kan. 297, 303",
"parenthetical": "recognizing tentative draft of Restatement (Second) of Torts SS 652E",
"sentence": "Rinsley v. Frydman, 221 Kan. 297, 303, 559 P.2d 334, 339 (1977) (recognizing tentative draft of Restatement (Second) of Torts § 652E); see also Rinsle... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recognizing that Kansas Supreme Court would accept the final draft of the Restatement (Second",
"sentence": "Rinsley v. Frydman, 221 Kan. 297, 303, 559 P.2d 334, 339 (1977) (recognizing tentative draft of Restatement (Second) of Torts § 652E); see al... | 7,402,010 | a |
Section 652E of the Second Restatement of Torts provides that one of the elements of false light publicity is that the defendant had knowledge of the falsity of his statement or reckless disregard for whether the statement was true. Section 652E has been adopted by the Kansas courts. | {
"signal": "see also",
"identifier": null,
"parenthetical": "recognizing that Kansas Supreme Court would accept the final draft of the Restatement (Second",
"sentence": "Rinsley v. Frydman, 221 Kan. 297, 303, 559 P.2d 334, 339 (1977) (recognizing tentative draft of Restatement (Second) of Torts § 652E); see al... | {
"signal": "no signal",
"identifier": "559 P.2d 334, 339",
"parenthetical": "recognizing tentative draft of Restatement (Second) of Torts SS 652E",
"sentence": "Rinsley v. Frydman, 221 Kan. 297, 303, 559 P.2d 334, 339 (1977) (recognizing tentative draft of Restatement (Second) of Torts § 652E); see also Rinsle... | 7,402,010 | b |
No consensus exists among our sister Courts of Appeals as to what quantum of deference, if any, should be accorded to these opinions. After Mead, several Courts of Appeals affirmatively rejected application of Chevron deference to unpublished BIA decisions. | {
"signal": "see",
"identifier": "552 F.3d 1255, 1258",
"parenthetical": "stating that an unpublished BIA decision that does not rely on BIA or Court of Appeals precedent does not receive Chevron deference",
"sentence": "See Quinchia v. Att’y Gen., 552 F.3d 1255, 1258 (11th Cir.2008) (stating that an unpublishe... | {
"signal": "but see",
"identifier": "469 F.3d 683, 689-690",
"parenthetical": "according Chevron deference to BIA's streamlined adoption of IJ decision",
"sentence": "But see Gutnik v. Gonzales, 469 F.3d 683, 689-690 (7th Cir.2006) (according Chevron deference to BIA’s streamlined adoption of IJ decision)."
} | 3,787,926 | a |
No consensus exists among our sister Courts of Appeals as to what quantum of deference, if any, should be accorded to these opinions. After Mead, several Courts of Appeals affirmatively rejected application of Chevron deference to unpublished BIA decisions. | {
"signal": "but see",
"identifier": "469 F.3d 683, 689-690",
"parenthetical": "according Chevron deference to BIA's streamlined adoption of IJ decision",
"sentence": "But see Gutnik v. Gonzales, 469 F.3d 683, 689-690 (7th Cir.2006) (according Chevron deference to BIA’s streamlined adoption of IJ decision)."
} | {
"signal": "see",
"identifier": "473 F.3d 55, 57-58",
"parenthetical": "holding that an unpublished BIA decision that does not rely on precedent for its definition of a contested term does not receive Chevron deference, because it is not \"promulgated under [the agency's] authority to make rules carrying the for... | 3,787,926 | b |
No consensus exists among our sister Courts of Appeals as to what quantum of deference, if any, should be accorded to these opinions. After Mead, several Courts of Appeals affirmatively rejected application of Chevron deference to unpublished BIA decisions. | {
"signal": "see",
"identifier": "455 F.3d 1006, 1012-14",
"parenthetical": "opining that an unpublished BIA decision does not have the force of law and therefore does not receive Chevron deference",
"sentence": "See Quinchia v. Att’y Gen., 552 F.3d 1255, 1258 (11th Cir.2008) (stating that an unpublished BIA de... | {
"signal": "but see",
"identifier": "469 F.3d 683, 689-690",
"parenthetical": "according Chevron deference to BIA's streamlined adoption of IJ decision",
"sentence": "But see Gutnik v. Gonzales, 469 F.3d 683, 689-690 (7th Cir.2006) (according Chevron deference to BIA’s streamlined adoption of IJ decision)."
} | 3,787,926 | a |
Unlike Rule 803(24), which contemplates the presence of corroborating circumstances as just one factor a court may consider in determining whether a statement has "circumstantial guarantees of trustworthiness," Rule 804(b)(3) expressly requires the exclusion of out-of-court statements offered to exculpate the accused u... | {
"signal": "see",
"identifier": "936 F.2d 1516, 1516-17",
"parenthetical": "applying the same reasoning in de termining that a statement lacked \"trustworthiness\" under Rule 804(b)(3) and \"circumstantial guarantees of trustworthiness\" under 804(b)(5",
"sentence": "See Moore, 936 F.2d at 1516-17 (applying th... | {
"signal": "see also",
"identifier": "999 F.2d 1189, 1190-91",
"parenthetical": "concluding that a hearsay statement lacked trustworthiness under Rule 804(b",
"sentence": "See Moore, 936 F.2d at 1516-17 (applying the same reasoning in de termining that a statement lacked “trustworthiness” under Rule 804(b)(3) ... | 11,781,406 | a |
Unlike Rule 803(24), which contemplates the presence of corroborating circumstances as just one factor a court may consider in determining whether a statement has "circumstantial guarantees of trustworthiness," Rule 804(b)(3) expressly requires the exclusion of out-of-court statements offered to exculpate the accused u... | {
"signal": "see also",
"identifier": "732 F.2d 1346, 1346-47",
"parenthetical": "concluding that mere opportunity and ability to commit crime to which hearsay declarant confessed is insufficient corroboration where the statement does not contain facts that only the perpetrator would have known and there was a la... | {
"signal": "see",
"identifier": "936 F.2d 1516, 1516-17",
"parenthetical": "applying the same reasoning in de termining that a statement lacked \"trustworthiness\" under Rule 804(b)(3) and \"circumstantial guarantees of trustworthiness\" under 804(b)(5",
"sentence": "See Moore, 936 F.2d at 1516-17 (applying th... | 11,781,406 | b |
Proof that the victim did not cross the threshold would not be fatal to MeCuiston's defense. | {
"signal": "see",
"identifier": "148 S.E.2d 281, 281-82",
"parenthetical": "defendant entitled to \"defense of habitation\" instruction although victim, who had ripped screen out of screen door, made no actual entry into house",
"sentence": "See Miller, 148 S.E.2d at 281-82 (defendant entitled to “defense of h... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "assailant must actually enter dwelling for self-defense to apply, but \"defense of habitation\" requires only that there be an attempted forceful entrance",
"sentence": "See Miller, 148 S.E.2d at 281-82 (defendant entitled to “defense of habitation” instr... | 10,629,435 | a |
Proof that the victim did not cross the threshold would not be fatal to MeCuiston's defense. | {
"signal": "see",
"identifier": "148 S.E.2d 281, 281-82",
"parenthetical": "defendant entitled to \"defense of habitation\" instruction although victim, who had ripped screen out of screen door, made no actual entry into house",
"sentence": "See Miller, 148 S.E.2d at 281-82 (defendant entitled to “defense of h... | {
"signal": "cf.",
"identifier": "368 S.E.2d 3, 6-7",
"parenthetical": "assailant must actually enter dwelling for self-defense to apply, but \"defense of habitation\" requires only that there be an attempted forceful entrance",
"sentence": "See Miller, 148 S.E.2d at 281-82 (defendant entitled to “defense of ha... | 10,629,435 | a |
Proof that the victim did not cross the threshold would not be fatal to MeCuiston's defense. | {
"signal": "see",
"identifier": null,
"parenthetical": "question whether defendant was acting in defense of habitation was for jury, although facts did not indicate victim had gotten past the front door",
"sentence": "See Miller, 148 S.E.2d at 281-82 (defendant entitled to “defense of habitation” instruction a... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "assailant must actually enter dwelling for self-defense to apply, but \"defense of habitation\" requires only that there be an attempted forceful entrance",
"sentence": "See Miller, 148 S.E.2d at 281-82 (defendant entitled to “defense of habitation” instr... | 10,629,435 | a |
Proof that the victim did not cross the threshold would not be fatal to MeCuiston's defense. | {
"signal": "see",
"identifier": null,
"parenthetical": "question whether defendant was acting in defense of habitation was for jury, although facts did not indicate victim had gotten past the front door",
"sentence": "See Miller, 148 S.E.2d at 281-82 (defendant entitled to “defense of habitation” instruction a... | {
"signal": "cf.",
"identifier": "368 S.E.2d 3, 6-7",
"parenthetical": "assailant must actually enter dwelling for self-defense to apply, but \"defense of habitation\" requires only that there be an attempted forceful entrance",
"sentence": "See Miller, 148 S.E.2d at 281-82 (defendant entitled to “defense of ha... | 10,629,435 | a |
Proof that the victim did not cross the threshold would not be fatal to MeCuiston's defense. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "assailant must actually enter dwelling for self-defense to apply, but \"defense of habitation\" requires only that there be an attempted forceful entrance",
"sentence": "See Miller, 148 S.E.2d at 281-82 (defendant entitled to “defense of habitation” instr... | {
"signal": "see",
"identifier": "20 N.W.2d 909, 913",
"parenthetical": "question whether defendant was acting in defense of habitation was for jury, although facts did not indicate victim had gotten past the front door",
"sentence": "See Miller, 148 S.E.2d at 281-82 (defendant entitled to “defense of habitatio... | 10,629,435 | b |
Proof that the victim did not cross the threshold would not be fatal to MeCuiston's defense. | {
"signal": "cf.",
"identifier": "368 S.E.2d 3, 6-7",
"parenthetical": "assailant must actually enter dwelling for self-defense to apply, but \"defense of habitation\" requires only that there be an attempted forceful entrance",
"sentence": "See Miller, 148 S.E.2d at 281-82 (defendant entitled to “defense of ha... | {
"signal": "see",
"identifier": "20 N.W.2d 909, 913",
"parenthetical": "question whether defendant was acting in defense of habitation was for jury, although facts did not indicate victim had gotten past the front door",
"sentence": "See Miller, 148 S.E.2d at 281-82 (defendant entitled to “defense of habitatio... | 10,629,435 | b |
Courts recognize that the administrators should be given leeway to address any potential disruption before it manifests itself. | {
"signal": "see also",
"identifier": "714 F.Supp.2d 462, 469",
"parenthetical": "\"Under Tinker, it is the objective reasonableness of the school administrators' response, rather than the student's private intentions, that are relevant.\"",
"sentence": "See Wood v. Strickland, 420 U.S. 308, 326, 95 S.Ct. 992, ... | {
"signal": "see",
"identifier": "420 U.S. 308, 326",
"parenthetical": "\"It is not the role of the federal courts to set aside decision of school administrators which the court may view as lacking a basis in wisdom or compassion.\"",
"sentence": "See Wood v. Strickland, 420 U.S. 308, 326, 95 S.Ct. 992, 43 L.Ed... | 3,834,700 | b |
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