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Answer the following legal multiple-choice question. | Drapeau’s cohorts, the cohort would be a “victim” of making the bomb. Further, firebombs are inherently dangerous. There is no peaceful purpose for making a bomb. Felony offenses that involve explosives qualify as “violent crimes” for purposes of enhancing the sentences of career offenders. See 18 U.S.C. § 924(e)(2)(B)... | holding that possession of a pipe bomb is a crime of violence for purposes of 18 usc 3142f1 |
Answer the following legal multiple-choice question. | Colameta used customer information that he took from Protégé. Additionally, Colameta admits to having taken at least two Protégé proposals with him to Monument. This type of information may constitute trade secrets. See G.L.c. 266, §30 (defining “trade secret” as used in G.L.c. 93, §42, as including “anything tangible ... | holding that included among trade secrets employee may not appropriate from employer is certain information such as lists of customers |
Answer the following legal multiple-choice question. | property tax sale. In reviewing section 6323(b)(6), this Court noted that it provides that a county’s tax lien has priority over a federal lien, and thus, Taylor purchased the property still subject to the county’s lien. Taylor v. Mill, 310 S.C. 526, 528, 426 S.E.2d 311, 312 (1992). Thus, this Court has already noted t... | holding that a specific statutory provision prevails over a more general one |
Answer the following legal multiple-choice question. | They also rely on Oswego Laborers’ Local 214 Pension Fund v. Marine Midland Bank, 85 N.Y.2d 20, 623 N.Y.S.2d 529, 647 N.E.2d 741 (1995), which held that a plaintiff “must demonstrate that the acts or practices have a broader impact on consumers at large.” Defs.’ Mem. at 14 (quoting Oswego Laborers’, 623 N.Y.S.2d 529, 6... | holding that plaintiff stated a 349 claim where plaintiff alleged facts plausibly suggesting that defendant intentionally registered its corporate name to be confusingly similar to plaintiffs commscope trademark |
Answer the following legal multiple-choice question. | did not affect the defendant’s guideline range, a sentence reduction under § 3582(c)(2) was properly denied). Mr. Norwood concedes that the guideline range would have remained the same based on the findings that the district court had made at sentencing. Appellant’s Opening Br. at 9. But Mr. Norwood challenges these fi... | holding that united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 does not provide a basis for a sentence reduction under 18 usc 3582c |
Answer the following legal multiple-choice question. | 887 (9th Cir.1991); United States v. Ramirez, 770 F.2d 1458, 1461 (9th Cir.1985); United States v. Manfredi, 722 F.2d 519, 522 (9th Cir.1983). Because dangerous people do not differentiate between misdemeanors and felonies, the law should not either. It is a fact that many officers are killed during traffic stops for m... | holding that the existence of genuine issues of material facts render not appealable a pretrial denial of summary judgment on the issue of qualified immunity |
Answer the following legal multiple-choice question. | In essence, Landowners argue that Star Enterprise’s negligence has interfered with their ability to contract with third parties for the sale of their homes, the same type of damages, for which the Virginia Supreme Court imposed a physical impact requirement in Philip Morris. Landowners rely upon Pruitt v. Allied Chemic... | holding commercial fishermen may recover for pollution resulting from defendants oil spill |
Answer the following legal multiple-choice question. | Cas. and Sur. Co., 435 F.3d 252, 260 (3d Cir.2006) (“It has long been the rule in this Circuit that insurance policies are considered part of the property of a bankruptcy estate”) (citing Estate of Lellock v. The Prudential Ins. Co. of Am., 811 F.2d 186, 189 (3d Cir.1987)); In re Louisiana World Exposition, Inc., 832 F... | holding that the proceeds of a liability insurance policy were not property of the estate |
Answer the following legal multiple-choice question. | no evidence that Georgia’s “general” K-12 local schools offer “a year round program with multi-age, student-centered classrooms featuring pedagogy that is based on constructivist and multiple intelligence learning” like CCAT. Why is that curriculum not sufficiently different to qualify as “special”? Again, the majority... | holding that a statute may be facially challenged only by establishing that no set of circumstances exists under which the statute would be valid ie that the law is unconstitutional in all of its applications or at least that the statute lacks a plainly legitimate sweep |
Answer the following legal multiple-choice question. | that the “Florida Legislature created the Fund as a self-insurance fund to provide liability insurance to governmental agencies and employees in civil rights cases” (citing § 284.30, Fla. Stat.)). Section 284.30 provides that when a party seeks attorney’s fees from a state agency, the party is required to serve notice ... | recognizing that the notice required by section 28430 is a condition precedent to the recovery of attorneys fees pursuant to section 12057lb in hospitals suit against the state |
Answer the following legal multiple-choice question. | the merits of these motions — were rendered moot by that order and are revived by this Court’s vacating the new trial order. Therefore, the majority’s opinion effectively deciding those motio ial while retaining jurisdiction over the proceedings necessarily mooted the pending motions for entry of judgment on the verdic... | holding trial court has jurisdiction to reconsider new trial order as long as case is pending |
Answer the following legal multiple-choice question. | would result from pretrial publicity or the kind of prejudice that would require a change of venue. Moreover, the court finds that Johnson waived the issue by failing to renew or reurge her motion for a change of venue at the conclusion of jury selection on the ground that the voir dire of potential jurors demonstrated... | holding that the defendant waived the issue of change of venue where the trial court denied the motion for a change of venue without prejudice stating that it was willing to reconsider the motion at any time during the jury selection process but the defendant never renewed the motion for a change of venue |
Answer the following legal multiple-choice question. | she did not remember demanding money of the store clerk and states that her companion told the clerk to open the cash register. Yet, according to the clerk’s testimony, it was she, the female robber, who demanded money. She emphasized her drunken state and implied that her accomplices threatened her. Because Miles may ... | holding that codefendants statement was not properly admitted because a reasonable person in declarants position might even think that implicating someone else would decrease his practical exposure to criminal liability at least as far as sentencing goes |
Answer the following legal multiple-choice question. | sentences for bank robbery consecutively or concurrent ly. However, the statute does not permit the court to decide whether any future sentence would be consecutive or concurrent to those five sentences. Rather, when sentences are imposed at different times, § 3584(a) only authorizes a court to determine whether a sent... | holding that 3584a allows the district judge to specify the sequence of service of terms of imprisonment only when sentences are imposed at the same time or the other sentence is an undischarged term of imprisonment to which the defendant is already subject |
Answer the following legal multiple-choice question. | program” were eventually incorporated into the final remedial plan for the site in September 1991. Id. at 806-07. A CERCLA cost recovery suit for contribution was filed in September 1997. Id. at 807. The court considered whether the initial installation of the wells constituted a remedial action which would trigger CER... | holding that a draft rap constituted a final remedial design |
Answer the following legal multiple-choice question. | ignoring the “series of events” that occurred between May 2006 and January 2007, and that those events establish the requisite causal connection. The anti-retaliation provision of the FCRA prohibits an employer from discriminating against a person for opposing an unlawful employment practice or for making a charge of d... | holding that a three to four month period between the protected activity is not enough to show very close temporal proximity |
Answer the following legal multiple-choice question. | for determining whether one offense is a lesser included offense of another crime: [T]he definitions accorded the crimes determine whether one crime is a lesser included offense of another crime. In other words, all of the essential elements of the lesser crime must also be essential elements included in the greater cr... | holding that a lesser crime cannot be a lesser included offense of a greater crime if the lesser crime contains an essential element not included in the greater crime |
Answer the following legal multiple-choice question. | as McColman argues. Federal Rule of Civil Procedure 15(b)(2) provides: When an issue not raised by the pleadings is tried by the parties’ express or implied consent, it must be treated in all respects as if raised in the pleadings. A party may move — at any time, even after judgment — to amend the pleadings to conform ... | holding that an issue cannot be tried by the parties consent pursuant to rule 15b2 where one of the parties opposes trial by moving for summary judgment |
Answer the following legal multiple-choice question. | (“No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.” (emphasis added)); Pet... | holding that to establish a causal connection plaintiff must show that the individual who took adverse action against him knew of the employees protected activity |
Answer the following legal multiple-choice question. | to the present tense, it is doubtful that this change prejudiced defendant when defendant’s response to Mr. Falvey’s question is examined in context. First, it appears that defendant’s use of the past tense was a slip of the tongue because he was responding to a question asked of him in the present tense. In addition, ... | holding that district court acted within its discretion in denying motion for mistrial when prosecutor commented on matter not in evidence in closing argument because comment was not sufficiently prejudicial when taken together with the courts later jury instruction that the jurys recollection of the evidence controlle... |
Answer the following legal multiple-choice question. | an offset against the alimony award by the amount stolen by defendant and now due to plaintiff. We recognize, as did the trial judge, that alimony and equitable distribution are distinct but related types of relief. However, the discretionary application of the equitable maxim of unclean hands applies to matrimonial ca... | holding he who seeks equity must do equity |
Answer the following legal multiple-choice question. | Inc., 415 U.S. 125, 127, 94 S.Ct. 1002, 39 L.Ed.2d 209 (1974) (internal quotations and citations omitted). Indeed, the federal questions “must be disclosed upon the face of the complaint, unaided by the answer or by the petition for removal.” Gully v. First Nat’l Bank, 299 U.S. 109, 113, 57 S.Ct. 96, 81 L.Ed. 70 (1936)... | holding that a counterclaim which appears as part of the defendants answer not as part of the plaintiffs complaint cannot served as the basis for arising under jurisdiction |
Answer the following legal multiple-choice question. | 227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999) — applied retroactively to vacated Pizarro’s sentence and remanded for resentencing, and after Pizarro had filed his opening brief in this third appeal. The fact that the Supreme Court denied Pizarro’s petition for a writ of certiorari after his first appeal, Pizarro-Morales ... | holding it is settled that the supreme court may consider questions raised on the first appeal after which the court denied a petition for a writ of certiorari as well as those that were before the court of appeals upon the second appeal after which the court granted a petition for a writ of certiorari internal quotati... |
Answer the following legal multiple-choice question. | in an IRA were exempt. The court determined that the Wisconsin statute continued to exempt pension-plan proceeds after receipt by the beneficiary. Because the exemption statute in Woods differs substantially from § 522(d)(10), the holding in that case is inap-posite to the present matter. Notwithstanding the specific l... | holding in a ease where debtor elected for reasons of ill health and in order to meet present needs to take pension benefits in one lumpsum payment three weeks before filing bankruptcy petition that the proceeds would retain the exempt status provided by 522d10e because they were a tangible reflection of the debtors r... |
Answer the following legal multiple-choice question. | any physician that described her as obese, much less gave an opinion that her weight imposed additional limitations upon her or exacerbated her other conditions. Therefore, even if Reynolds’ silence on the issue of obesity is not deemed to waive consideration of that issue, it does not appear that evidence existed rega... | recognizing aljs credibility assessment is entitled to great weight and deference |
Answer the following legal multiple-choice question. | debtor and made within 910 days of the filing of a bankruptcy petition. As discussed in more detail below, 910 car loans receive special treatment under the Bankruptcy Code. 7 . This case was filed after October 17, 2005, when most provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCP... | holding courts must look to the law of the state in which the security interest was created to determine if creditor retains a purchase money security interest despite refinancing |
Answer the following legal multiple-choice question. | in the record of any possible medical treatment that Monroe County or the individual defendants could have provided to save the life of the Decedent. Phillips argues in her brief that it is not necessary for her to prove chemotherapy would have saved the Decedent’s life. First, she refers to the fright and anxiety both... | holding that plaintiffs failure to prove decedents death was caused by the wrongful acts of the defendant precludes any recovery of wrongful death damages under mississippis wrongful death statute |
Answer the following legal multiple-choice question. | Accordingly, the second Olano prong is satisfied: the error, both as to the absence of a jury determination on an essential element of the offense and the failure to include that element in the indictment, was indeed “plain.” c. Did the plain error affect Thomas’s substantial rights? An error affects a defendant’s “sub... | holding at the governments urging that a similar error was an error in both the trial and sentencing |
Answer the following legal multiple-choice question. | as a special education teacher, and commencing her intended career. Compl. at ¶ 77. These allegations are sufficient to demonstrate ongoing harm. Likewise, Plaintiffs requested injunctive relief — that the Individual Defendants change Plaintiffs grade and permit her to continue her studies at Hunger College — is purely... | holding that reinstatement is prospective even though it contemplated changing the result of an action already taken |
Answer the following legal multiple-choice question. | DCA 1999) (quoting Gibbs v. Gibbs, 686 So.2d 639, 641 (Fla. 2d DCA 1996)). Furthermore, the Straney case relied upon by the dissent is distinguishable. That case involved an order that changed a custody order’s time-sharing arrangement to give one of the parties more time with the child, not a change in custody. As not... | holding trial court abused its discretion by modifying custody without applying extraordinary burden test |
Answer the following legal multiple-choice question. | Reversed. Judge HUNTER, JR. concurs in result with separate opinion. Judge STEELMAN dissents. 1 . The pseudonym T.A.S. is used to protect the identity of the juvenile. 2 . The record does not indicate whether the male students’ underwear was subject to the search or, if so, how the inspection thereof was conducted. In ... | holding search was conducted by school official where school resource officer did not search the bag himself or conduct any investigation on his own and therefore applying the tlo reasonableness standard |
Answer the following legal multiple-choice question. | to suspect that the agency would refuse to adhere to clearly applicable precedent. See Philipp Bros., Inc. v. United States, 10 CIT 76, 80, 630 F. Supp. 1317, 1321 (1986). 12 Accordingly, this Court finds Timken’s arguments regarding the application of adverse facts available to Premier are without merit. Premier fully... | holding that once a respondent refuses to supply information commerce no longer focuses on the true margin but rather on determining an adverse margin that will induce future cooperation |
Answer the following legal multiple-choice question. | official would understand that what he is doing violates that right.” Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 3039, 97 L.Ed.2d 523 (1987). The plaintiff bears the burden of showing that the constitutional right allegedly violated was clearly established “before the defendant acted or failed to act.” R... | holding a gun to the head of a child and threatening to pull the trigger is plainly excessive force so closely analogous case is not needed to put police officer on notice |
Answer the following legal multiple-choice question. | making mistakes. Thus, any prejudice against the Defendant was at best minimal and could have been turned to the Defendant’s advantage by his counsel. Even if any prejudice did result, it most certainly did not permeate the entire trial and impact the result as it appears only once in the transcript and never was menti... | holding that prosecutors allegedly improper closing arguments regarding burden of proof defendants failure to testify and other allegations did not case serious doubt upon the correctness of the jury verdict or the fairness of the trial |
Answer the following legal multiple-choice question. | part: "If no objections have been timely filed, the court shall forthwith enter judgment on the referee’s report.” 2 . An amended order was entered on December 22, 2009, to correct a typographical error. 3 . Prejudgment interest awarded to a successful defendant on a counterclaim accrues from the date the counterclaim,... | holding that walsh was entitled to postjudgment interest on child support arrearage but vacating and remanding the arrearage judgment because the judgment did not state the interest rate or specify that the interest was fully or partially waived as required by section 1602c |
Answer the following legal multiple-choice question. | of the separation of powers doctrine. Several courts and commentators have recognized, however, that this language is meaningless unless read within the context of the court’s discussion of section 5 of the Fourteenth Amendment. See, e.g., Guerrero, 290 F.3d at 1219-20 (“[the Boerne court’s] discussion of the separatio... | recognizing that in boeme justice kennedy forcefully asserted the judicial prerogative to interpret the constitution in language that might be understood to implicate rfras applications to federal as well as state law but also that other language in the opinion indicates that the court situated its judicial supremacy c... |
Answer the following legal multiple-choice question. | States Dist. Court, 407 U.S. 297, 313, 92 S.Ct. 2125, 32 L.Ed.2d 752 (1972). The Supreme Court has recognized that “searches and seizures inside a home without a warrant are presumptively unreasonable.” Payton v. New York, 445 U.S. 573, 586, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). However, the Supreme Court has permitte... | holding that government employers may conduct warrantless workrelated searches of employees offices without probable cause |
Answer the following legal multiple-choice question. | from the class if the member so requests”). 36. Plaintiffs observe that after receiving-class notice in the ordinary case, a would-be class member cannot refuse to opt out and later object to class certification. Plaintiffs argue that through declining to opt out, the class member has in essence consented to the propri... | holding that the failure to optout precluded challenge to adequate representation based upon purported conflicts of interest between subclasses |
Answer the following legal multiple-choice question. | of the debtor. This distinction appears immaterial under the language of sec. 409.402(7), Stats. 7 In other contexts, a security interest properly perfected at one time may later become unperfected through creditor inaction. See, e.g. sec. 409.103(l)(d)l, (2)(b), (3)(e), Stats, (four month grace periods preserving perf... | holding a filing under wishart equipment co insufficient to identify the debtor horace wishart |
Answer the following legal multiple-choice question. | address the precise language of the agreement. See id. at 1018. That case cannot stand for the proposition that any contractual rate of interest applies postjudgment, because that would conflict with the merger rule and would have made it unnecessary for the court in Hymel to emphasize that the contractual rate of inte... | holding that arbitral award of 10 interest to the date or dates of payment merged into the judgment |
Answer the following legal multiple-choice question. | that the trial court could properly conclude that “there was no showing of uniform conduct likely to mislead the entire jury is not required for non-representative class members, the issues of reliance and injury do not foreclose Plaintiff Brown’s UCL class action. See, e.g., Yamada v. Nobel Biocare Holding AG, 275 F.R... | holding that the court could reasonably assume that no rational class member would have purchased the product had he known of the alleged misrepresentation |
Answer the following legal multiple-choice question. | to commit the crime in the manner specified. Voluntary abandonment of purpose after an act constituting an attempt is not a defense. The definition in the 1928 and 1949 Manuals was as follows: An attempt to commit a crime is an act done with intent to commit that particular crime, and forming part of a series of acts w... | recognizing attempted fraud as a lesserincluded offense of fraud in violation of article 14 for the government of the navy |
Answer the following legal multiple-choice question. | unique facts and circumstances of each case” to determine whether an individual voluntarily consented to a search. Schneckloth v. Bustamonte, 412 U.S. 218, 233, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973). The district court’s sifting of the unique facts and circumstances in this case changed from its first order to its secon... | holding district courts finding of consent was not clearly erroneous when the defendant consented after officers told him they could get a drug dog even though the defendant knew the dog would alert |
Answer the following legal multiple-choice question. | § 6323(a), leave which is never afforded to nonmilitary personnel. Furthermore, the cases Defendants cite in support of their contention address situations in which employers had unilateral policies affording additional benefits or rights to absent military personnel. While courts have consistently held that employers ... | holding that revocation of benefits provided by the employee and labor relations manual did not implicate userra |
Answer the following legal multiple-choice question. | for a valid charging lien set forth by the supreme court in Sinclair, Louis, Siegel, Heath, Nussbaum & Zavertnik, P.A. v. Baucom, 428 So.2d 1383, 1385 (Fla.1983). “In order to give timely notice of a charging lien an attorney should either file a notice of lien or otherwise pursue the lien in the original action.” Dani... | holding attorney may not wait more than thirty days from the entry of final judgment give notice of nonrepresentation and then seek to enforce a hen not noticed before the entry of the final judgment |
Answer the following legal multiple-choice question. | S.W.2d 759, 767 (Tex.Ciim.App.1973) (stating that seizure conducted within parameters of a valid search warrant did not violate defendant’s constitutional rights where officers acted in accordance with procedural guidelines). Accordingly, we overrule appellant’s third and fourth issues. In his fifth and sixth issues, a... | holding that the legislatures manifest intent will be rejected only where the party challenging the statute provides the clearest proof that the statute is actually criminally punitive in operation |
Answer the following legal multiple-choice question. | purports to be — an authorization to settle the case for $500,000. In sum, the Court rejects Plaintiff's attempt to rely on this prior settlement discourse as a means to establish a viable amendment. 3 . Plaintiff could have amended her administrative claim at this time because the INS had not yet denied her claim. See... | holding that a plaintiff has the burden of proof to show newly discovered evidence not reasonably discoverable at the time of presenting the claim to the federal agency |
Answer the following legal multiple-choice question. | or determination of an officer, board, commission, authority or tribunal. Such petition shall be filed within 30 days after the date of the decision or determination complained of and shall recite such decision or determination and set forth the errors alleged to have been committed therein. The petition shall be signe... | holding that party is aggrieved from date of notice but construing rule 15a |
Answer the following legal multiple-choice question. | that appellee directly advertised to Pennsylvania residents. See appellants’ EXHIBIT D, E. These references serve as nothing more than indicators for visitors in ascertaining the location of the campground in relation to known areas. ¶ 17 Appellee’s newsletters are advertised in two national publications. There is no e... | holding that absence of evidence that appellee internet company directed advertising towards pennsylvanians via its website and the initiation by appellant to receive information via mail precluded a finding of general jurisdiction |
Answer the following legal multiple-choice question. | Houdek v. Mobil Oil Corp., 879 P.2d 417, 425 (Colo.App.1994); Employers Insurance of Wausau v. RREEF USA Fund-II (Colorado), Inc., 805 P.2d 1186, 1188 (Colo.Ct.App.1991). Here, Plaintiffs confessed the state claims against Cox for misrepresentation, breach of contract, and estoppel against Cox. They did not confess the... | holding the dismissed defendant was not precluded from obtaining its reasonable attorney fees under 1317201 even though the action was still pending against another defendant |
Answer the following legal multiple-choice question. | to principles and interpretations of federal Title VII cases when construing the MHRA. See e.g., Continental Can Co. v. State by Wilson, 297 N.W.2d 241, 246 (Minn.1980) (Title VII cases and principles are instructive and have been applied to the MHRA) (citing Danz v. Jones, 263 N.W.2d 395, 398-99 (Minn.1978)). “Title V... | holding employer may be hable when its employee is sexually harassed by employers patrons and employer either ratifies or acquiesces in harassment by not taking immediate andor corrective action |
Answer the following legal multiple-choice question. | plaintiff has not adequately alleged a conspiracy, nor has plaintiff put forth evidence to create a genuine issue of material fact that a conspiracy existed. In fact, plaintiff has failed to identify the purported members of the conspiracy. Plaintiff cannot simply make a conclusory allegation that a conspiracy existed;... | holding that conclusory allegation of conspiracy without supporting factual averments insufficient to state claim |
Answer the following legal multiple-choice question. | This holding, however, not only fails to dispose of Reyes’s first complaint, it fails to consider Rule 13.1(a)’s history in addressing his second complaint. However, since Reyes’s second issue can (and should) be disposed of without doing violence to the mandatory nature of the court reporter’s duty, I concur in the co... | holding in the pretrial context that a reporters record is required only if evidence is introduced in open court for nonevidentiary hearings it is superfluous |
Answer the following legal multiple-choice question. | even if the 1993 judgment was final and appealable, they may challenge the merits of the 1993 judgment in this appeal from the 1995 order. This appeal is untimely only if the District Court’s 1993 decision — which ordered only that ISP submit a plan to remedy the constitutional flaws in its policy — was a final judgmen... | holding injunction ordering prison to submit plan for reformation of unconstitutional prison conditions not appealable as interlocutory order under 28 usc 1292a1 |
Answer the following legal multiple-choice question. | boundaries of a search in the same manner as the specifications in a warrant. If the government does not conform to the limitations placed upon the right granted to search, the search is impermissible. In justifying a consensual search, the government bears the burden of establishing that the search was conducted withi... | holding that while a lawfully issued warrant to search premises authorizes the officers executing it to search in a reasonable manner whatever spots within the described premises their professional experience indicates may be used as a cache for the items named in the warranty such a warrant does not by its own force p... |
Answer the following legal multiple-choice question. | Perkins’ testimony were not prejudicial in these circumstances. D. Downward Departures Kornegay claims that the district court erroneously denied him a downward departure on either of two bases. Both departure arguments relate to the 14-month state drug conviction sentence which Kornegay served after the drug deal at i... | holding that prosecutorial delay that was extreme or sinister could support a departure if the defendant was required to serve a state sentence which could have been concurrent with the federal sentence had the federal prosecution proceeded sooner |
Answer the following legal multiple-choice question. | See In re Russell C., 120 N.H. at 268; cf. State v. Bernaby, 139 N.H. 420, 423 (1995) (concluding that trial court did not deny defendant his right to a speedy trial where delay was due, in part, to defendant’s waiver of right and request for continuances because a “defendant cannot take advantage of a delay he has cau... | holding that trial court did not err in denying juveniles motion to dismiss for failing to complete adjudicatory hearing within statutory time limit where adjudicatory hearing began within thirty days of arraignment but prosecutor requested a continuance when one of his subpoenaed witnesses did not appear |
Answer the following legal multiple-choice question. | because federal law requires federal approval of Indian wills, 25 U.S.C. § 373, and gives BIA probate judges the authority to approve settlement agreements resolving contested Indian probate proceedings, 43 C.F.R. § 30.150. However, this conclusion cannot be squared with controlling precedent. The Supreme Court has exp... | holding that the general federal regulatory scheme governing indian mineral leases did not establish federal jurisdiction to enforce an arbitration agreement made under such a lease when the plaintiffs claim sounded only in general contract law |
Answer the following legal multiple-choice question. | with conduct of the type alleged by Hopkins in this case, we have consistently affirmed summary judgment dismissing the claims. See, e.g., Dwyer v. Smith, 867 F.2d 184, 187-88 (4th Cir.1989) (affirming directed verdict in Title VII case despite evidence that female police officer was subjected to pornographic material ... | holding that where male teacher asked female teacher out for a drink asked her to perform tasks she perceived as secretarial and struck her in a fight purported harassment was not genderbased and was not sufficiently severe or pervasive |
Answer the following legal multiple-choice question. | in making decisions regarding competency, and we uphold those decisions so long as they are “supported by credible evidence and not clearly erroneous.” State v. Bean, 171 Vt. 290, 295, 762 A.2d 1259, 1262 (2000). Here, despite the majority’s conclusions to the contrary, the testimony provided on the record by the two t... | holding that the doctrine of harmless error applies when a due process violation is alleged and affirming a conviction when defendant failed to demonstrate prejudice |
Answer the following legal multiple-choice question. | the “quick intervention” of Dr. Kasozi, “most probably [he] would not be here today.” Id. An IJ’s credibility finding is a finding of fact. Elzour, 378 F.3d at 1150. Under 8 U.S.C. § 1252(b)(4)(B), “administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the co... | holding that the ijs or bias credibility determinations are not questioned if they are substantially reasonable |
Answer the following legal multiple-choice question. | an argument despite its abandonment on appeal, we ordinarily will not do so ‘unless manifest injustice otherwise would result.’ ” (quoting Anderson v. Branen, 27 F.3d 29, 30 (2d Cir.1994))). Here, no “manifest injustice” results from the denial of Seadinovski’s petition, as the relevant regulation provides that “[a] mo... | holding that it was within the discretion of the bia to deny a motion to reopen because it was not accompanied by an asylum application |
Answer the following legal multiple-choice question. | Dr. Proctor testified about the 2014 Report’s conclusion that filtered cigarettes increased the risk of adenocarci-noma (a type of lung cancer) by causing smokers to inhale more deeply, and by ventilating in a way‘that “increases certain poisonous compounds.” On appeal, Defendants argue that Plaintiff should not have b... | holding that any probative value of bolstered testimony is substantially outweighed by the danger of unfair prejudice confusion of issues or misleading the jury quoting 90403 fla stat |
Answer the following legal multiple-choice question. | Division and New York Court of Appeals specifically declined to decide the issue of whether was properly precluded under C.P.L. § 250.10(2), the only court that adjudicated the claim on the merits was the County Court. Time has proven that the trial judge correctly construed C.P.L. § 250.10(2) as applying to lay eviden... | holding that in a seconddegree murder prosecution defendant was required to provide statutory notice of his intent to rely upon the affirmative defense of extreme emotional disturbance eed notwithstanding his stated intention to support that defense with lay testimony only the notice requirements goals of preventing un... |
Answer the following legal multiple-choice question. | applies to the bankruptcy court’s severance of these counterclaims. In its motions to sever, Kaiser moved under Bankruptcy Rules 7012, 7013, 7021 and 7042. Bankruptcy Rules 7012 and 7013 do not address the severance of claims or counterclaims. Rule 7012 simply provides for the form and time periods for filing answers a... | recognizing that the party can instead file a claim against the estate |
Answer the following legal multiple-choice question. | ¶ 24. We stated, however, that a home visit has the potential to turn into a search once the officer has reasonable cause to engage in a search. Moody, ¶ 24. ¶10 Both the Fourth Amendment to the United States Constitution and Article II, Section 11 of the Montana Constitution protect individuals from unreasonable searc... | holding that the need for flexibility within the probation system and the special relationship existing between a probationer and his probation officer justified departing from the usual warrant requirement |
Answer the following legal multiple-choice question. | favorable decision.” Township of Piscataway v. Duke Energy, 488 F.3d 203, 208 (3d Cir.2007) (citing Trump Hotels & Casino Resorts v. Mirage Resorts, 140 F.3d 478, 484-85 (3d Cir.1998)). Turchi Qua Guarantor While it is alleged that Turchi was to sign the forbearance agreement, he was to do so as a guarantor. That capac... | holding that borough that guaranteed debt owed by municipal sewage authority to engineering firm lacked standing because it was not party to the contract |
Answer the following legal multiple-choice question. | v. Paine, Webber, Jackson & Curtis, Inc., 565 F.Supp. 663, 667 n. 10, 669 (N.D.Ill.1983)). However, in all the cases on this issue, the courts made it clear that the client must have made disclosures to the attorney after manifesting an intent to seek legal advice. Herbes, 180 Ill.App.3d at 698-99, 129 Ill.Dec. 480, 53... | holding that in order to determine whether disqualification of plaintiffs attorney is appropriate because of a previous attorneyclient relationship he had with the defendant the court must determine whether confidential information was passed from client to attorney |
Answer the following legal multiple-choice question. | against the Debtor have been discharged and that MDE’s pursuit of those claims in the State Court Action constitutes a violation of the discharge injunction. Accordingly, the Court orders the Respondents to cease any further pursuit of the Debtor in connection with the alleged claims but denies the Debtor’s -request fo... | recognizing that the court may take judicial notice of its own docket |
Answer the following legal multiple-choice question. | they had him restrained on the ground. See also Hemet Chief of Police, "Use of Force," Gen. Order No. U-102 (discussing "professional presence," "compliance techniques," and other "intermediate force" less likely to cause death or serious injury). A rational jury could rely upon such evidence in assessing whether the o... | holding that deadly force was reasonable where a suspect who had been behaving erratically swung a knife at an officer |
Answer the following legal multiple-choice question. | and the order denying reconsideration are both properly before this court, as both were filed within 30 days of the trial court’s original nonfinal order. Otherwise, the order denying the Partnership’s motion for reconsideration of an appealable nonfinal order is not in itself, alone, an appealable order. Agere, 931 So... | holding that unauthorized motion for rehearing to set aside default heard by trial court will be considered as motion for reconsideration |
Answer the following legal multiple-choice question. | a parent has a duty to support his or her l Assembly have taken several steps to ensure that non-supporting parents honor their obligations. For example, the State Constitution provides that a person may be imprisoned for nonpayment of child or spousal support obligations. See Md. Const, art. Ill, § 38 (stating that “[... | holding that since a parents child support obligation is not a debt within the prohibition of 38 the obligation of the defaulting parent may be enforced by means of the courts contempt power including imprisonment pending the purging of the default |
Answer the following legal multiple-choice question. | is not fully equated with a private law firm, in that a former agency lawyer is not considered to have been associated with all other lawyers in the agency. I might say we started out by equating the two and, as we went along the committee decided that that really was taking too hard a line because to say that all lawy... | holding that the conditions delineated in canon 3c1a alone would not be sufficient basis for imposing a constitutional requirement under the due process clause |
Answer the following legal multiple-choice question. | limit, modify, or eliminate altogether. See, e.g., Oklahoma Tax Commission, 498 U.S. at 510, 111 S.Ct. 905 (“Congress has always been.at liberty to dispense with such tribal immunity or to limit it.”); Talton v. Mayes, 163 U.S. 376, 384, 16 S.Ct. 986, 41 L.Ed. 196 (1896) (“Indian tribes are subject to the dominant auth... | holding that an indian tribe is subject to suit only where congress has authorized the suit or the tribe has waived its immunity |
Answer the following legal multiple-choice question. | UC Hastings Mot. at 5-8), and courts in their home forums have addressed related arguments in the past. See, e.g., Brine v. Univ. of Iowa, 90 F.3d 271, 275 (8th Cir.1996) (affirming the district court’s holding that the University of Iowa and its Board of Regents were immune, under the Eleventh Amendment, from suit on ... | holding that uc hastings was immune under the eleventh amendment from suit on plaintiffs 1983 claims and granting motion to dismiss |
Answer the following legal multiple-choice question. | prolonged; and (4) the importance of the governmental interest alleged to justify the intrusion. Alpert, 816 F.2d at 964, citing United States v. Place, 462 U.S. 696, 708 n. 8, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983). DiGiovanni’s continued investigation after issuing the warning was entirely reasonable in light of these... | holding that where officers had reasonable suspicion of a drug offense seizing defendants luggage for 38 minutes under terry did not mature into an unlawful arrest |
Answer the following legal multiple-choice question. | 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. In finding it could, the Court relied not... | recognizing the supreme courts subtle yet crucial extension of valid state interests to include protecting children not actually depicted |
Answer the following legal multiple-choice question. | original). Here, the claim is based on Chase’s failure to pay flood insurance premiums from the escrow account. Further, plaintiff alleges that defendant breached a duty that was owed to her specifically, not a general duty owed to the public. See Harrison v. Gore, 27,254 (La.App. 2 Cir.8/23/95); 660 So.2d 563, 568 (“T... | holding detrimental reliance claim was subject to tenyear prescriptive period |
Answer the following legal multiple-choice question. | under § 3730(e)(4)(A). Finally, we consider whether the GAO report was a “public disclosure” under § 3730(e)(4)(A). The GAO report disclosed generally that some contractors performing the 254 ESPCs granted between 1999 and 2003 had engaged in the activity Relators allege is fraudulent, but the report did not disclose t... | holding that the disclosure is a public disclosure within the meaning of the fca if the the prior public disclosure contained enough information to enable the government to pursue an investigation against the defendant |
Answer the following legal multiple-choice question. | effect on the procreation and child-rearing practices of opposite-sex married (or unmarried) couples. See Perry II, 671 F.3d at 1088, 2012 WL 372713, at *21 (“There is no rational reason to think that taking away the designation of ‘marriage’ from same-sex couples would advance the goal of encouraging ... opposite-sex ... | holding that the institution of marriage as a union of man and woman uniquely involving the procreation and rearing of children within a family is as old as the book of genesis |
Answer the following legal multiple-choice question. | did wrong, and when. The target is not required to play a guessing game in that respect.”). Once Defendants cured the specific problems identified in Plaintiffs’ Notice, if Plaintiffs believed that Defendants remained in violation and wanted to motivate Defendants to change their conduct with the possibility of a citiz... | holding that some of the claims raised in the plaintiffs complaint were not properly raised in its 60day citizen suit notice thus the district court correctly held that it lacked subject matter jurisdiction over those claims |
Answer the following legal multiple-choice question. | for the spectacled eider and the Steller’s eider should be dismissed with prejudice as moot. Defendants further argue that FWS is entitled to summary judgment on the remaining part of Count VIII alleging that BLM and FWS consultations on the proposed leasing program and decision to proceed were inadequate because they ... | holding that the dismissal without prejudice of the prior actions on grounds of mootness does not serve as a final adjudication on the merits so as to bar this action |
Answer the following legal multiple-choice question. | 9 .The judge made no specific finding with respect to two issues that might have been of some importance, namely, whether Henson had access to other housing, as he had earlier told Prue that he would have, and whether he suffered pain and distress as a result of not being able to use his medication. The judge also cut ... | holding that a provider of transientaccommodations may use selfhelp to evict a nonpaying lodger |
Answer the following legal multiple-choice question. | representative. Id. at B-2. The DOL also stated that the designation of an authorized representative can limit the representative’s authority to particular types of claims. Id. at B-3. Defendants have provided examples of benefit plans that require particular procedures to designate authorized representatives. See Defs... | recognizing that authorized representative may be general or only for a certain claim |
Answer the following legal multiple-choice question. | not admissible ... [because it is] not subject to cross-examination by the prosecution. Therefore, such statements are appropriately [ jadmissible ... to prove only that the defendant earlier spoke consistently with his present testimony, the credibility of which is being challenged.” “A defendant may introduce his or ... | holding that admitting evidence of a defendants prior statement to an investigator proffered by the commonwealth did not violate the defendants fifth amendment rights by forcing him to testify to dispute it |
Answer the following legal multiple-choice question. | of the Lemmon Avenue Terminal gates, they are entitled to partial summary judgment: “The [WARAj’s mandate that Dallas demolish the passenger gates deprives [Love Terminal Partners] of its pre-existing property right to exclude others (including Dallas) from invading these gates to destroy them. The legislative deprivat... | recognizing in a takings case that issues of statutory interpretation and other matters of law may be decided on motion for summary judgment |
Answer the following legal multiple-choice question. | missing. Even McGreal found the purportedly missing reports in the Liquor Commission files. Chief Wood and Lt. Snooks also point out that McGreal filed Judicial Inquiry Board complaint about Judge Sterba without fully investigating the circumstances. McGreal’s letter highlighted the differences between the sentence tha... | holding that public speech motivated by personal displeasure with policies was not covered by the first amendment |
Answer the following legal multiple-choice question. | to further his own goals and sexual gratification; (5) divulged confidences to Linda; and (6) disregarded "all indicia of the transference and countertransference phenomena which normally occurs in the course of psychotherapy.” We note, initially, that each of these allegations is based, in part, on an underlying alleg... | recognizing differing elements and standard of proof between medical malpractice and fraud |
Answer the following legal multiple-choice question. | is "plainly erroneous or inconsistent with the guidelines.” United States v. Urias-Escobar, 281 F.3d 165, 167 (5th Cir.2002). 5 . This apparent error is further illuminated by the history of § 3B1.1. The Guideline was amended in 1993 to include Note 2 in order to resolve a circuit split over the same interpretation at ... | holding that exercising control over other participants is one factor among many that should be considered not a requirement for applying the adjustment |
Answer the following legal multiple-choice question. | 30, 2014). 12 . U.S. Postal Serv., 339 N.L.R.B. 1175, 1185 n.29 (2003); United Parcel Serv., 327 N.L.R.B. 317, 317 (1998);, Arkansas-Best Freight Sys., Inc., 257 N.L.R.B. 420, 424 (1981); Transcon Lines, 235 N.L.R.B. at 1165; see also Valmont Indus., Inc. v. NLRB, 244 F.3d 454, 472 (5th Cir. 2001) ("[E]ntrance areas to... | holding that an employers sewing room a work area ceased to be a work area during lunch because the employer permitted employees to take their lunch in the sewing room and provided no alternate facility |
Answer the following legal multiple-choice question. | of America or any State thereof relating to magnesite or magnesite products brokered by Possehl, and subsequently delivered to Resco during the period from 2000 through the present. Possehl, as Assignor, will make avail- . able for copying at the sole expense of Resco, as Assignee, records documenting the producing sel... | 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 liability |
Answer the following legal multiple-choice question. | prosecutions cannot be considered extreme and outrages or beyond the bounds of decency. Accordingly, those claims are dismissed. To the extent Plaintiffs claim that the alleged withholding of the videotape constitutes a violation of the rule set forth in Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215... | holding that a claim for municipal liability under 1983 requires inter alia proof of an underlying constitutional violation |
Answer the following legal multiple-choice question. | relief in all circumstances in which a judgment fails to conform to the statute. Under Fed.R.Civ.P. 60(b)(1), a court may relieve a party from a judgment that is based on “mistake, inadvertence, surprise, or excusable neglect,” but only on a motion made within one year of entry of the judgment. In the instant case, as ... | holding that where interest was supposed to have run from the date of judgment but movant never asked for it and had accepted full payment of the judgment without it movant had forever waived his right to receive it |
Answer the following legal multiple-choice question. | (1986) (relying on section 45(1) and comment a). 24 . See e.g., United States R.R. Ret. Bd. v. Fritz, 449 U.S. 166, 174 (1980) (“railroad [retirement] benefits are not contractual and may be altered or even eliminated at any time”); Devlin v. Transportation Communications Int’l Union, 173 F.3d 94, 103 (2nd Cir. 1999) (... | recognizing that generally with supposed unilateral contracts if the offeror expressly reserves the power to revoke the offer until the offerees performance is complete then the offer is illusory and cannot give rise to a unilateral contract but noting exceptions |
Answer the following legal multiple-choice question. | by Davis do not establish that members of Region 2 were denied election-related privileges enjoyed by UAW members in other regions. Absent discrimination of this kind, Davis may not maintain an action under Title I. See Calhoon v. Harvey, 379 U.S. 134, 139, 85 S.Ct. 292, 13 L.Ed.2d 190 (1964) (finding that union member... | holding that the exclusivity provision included in 403 of title iv plainly bars title i relief when an individual union member challenges the validity of an election that has already been completed |
Answer the following legal multiple-choice question. | discretion” in the absence of explicit standards or procedures. See City of Lakewood v. Plain Dealer Publ’g Co., 486 U.S. 750, 757, 108 S.Ct. 2138, 100 L.Ed.2d 771 (1988); Freedman v. Maryland, 380 U.S. 51, 85 S.Ct. 734, 13 L.Ed.2d 649 (1965). Prior restraints on expression in a public forum have generally been subject... | holding that a federal charity drive a nonpublic forum could limit participation to a number of select charities as long as the restriction was reasonable and viewpointneutral |
Answer the following legal multiple-choice question. | who wore beards as a matter of their religious obligation. See id. at 360-61. This kind of unequal treatment, the Court of Appeals held, “indicates that the [police department] has made a value judgment that secular (i.e., medical) motivations for wearing a beard are important enough to overcome its general interest in... | holding that government may not prefer those who believe in no religion over those who do believe |
Answer the following legal multiple-choice question. | was unavailable in the state court.” Id. at 72. HSBC also cites several cases where federal courts have applied res judicata in this context. However, in each of these cases the state court upheld a dismissal of the plaintiffs claim. See, e.g., Day, 656 F.Supp.2d 331; Kremer, 456 U.S. 461, 102 S.Ct. 1883, 72 L.Ed.2d 26... | holding that state court judgment affirming an administrative decision did not bar a subsequent federal action for additional relief because of national policy that title vii remedies be available to supplement state remedies for employment discrimination |
Answer the following legal multiple-choice question. | both husband and wife conceded that there was no goodwill to be had and that they simply did not think that the business was worth valuing as a going concern. Nevertheless, at the end of trial, the court assigned $10,000 of goodwill to the trucking business. The trial court issued its opinion letter in March 2000 assig... | holding that a plaintiff who did not object to the trial courts memorandum opinion giving defendants more on their counterclaim than they had requested had not preserved that issue for appeal |
Answer the following legal multiple-choice question. | 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). However, the non-moving party may not rest on its pleadings, but bears the burden to "make a showing sufficient to establish the existence of every element essential to [the] case, based on the affidavits or by depositions and admissions on file.” See Harter v. GAF Corp., ... | holding that there is no fourteenth amendment substantive due process right to be free from malicious prosecution and suggesting that such a cause of action might lie under the fourth amendment |
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