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Answer the following legal multiple-choice question. | and her poor motivation, undermined her credibility — also is supported by the record. See Thomas v. Barnhart, 278 F.3d 947, 959 (9th Cir.2 easons for giving less weight to the contradicted opinion of treating physician Dr. Nelson where: the opinion was conclusory, see Meanel v. Apfel, 172 F.3d 1111, 1113-14 (9th Cir.1... | holding that a conclusory opinion may be rejected |
Answer the following legal multiple-choice question. | decided” by the prior jury. Yeager v. United States, 557 U.S. 110, 119, 129 S.Ct. 2360, 174 L.Ed.2d 78 (2009). Usually, a special verdict clarifies which issues the jury necessarily decided. But in cases involving general verdicts, such as this one, courts must review the entire record, including “the pleadings, eviden... | holding that evidence in first trial concerning firearms in which defendant was acquitted of drug and rico conspiracies could be used in second trial on firearms offenses because evidence was collateral to elements of offenses in second trial |
Answer the following legal multiple-choice question. | that placed a forty-five day time limit on the administrator’s decision to grant or deny a license. See Redner, 29 F.3d at 1500. In the event the administrator exceeded the forty-five day time limit, the ordinance stated that “the applicant may be permitted to begin operating the establishment for which a license is so... | holding also that the ordinance failed to provide for prompt judicial review |
Answer the following legal multiple-choice question. | (7th Cir.2002). Counsel first considers whether Romero could argue that the district court erred in sentencing him as a career offender. See U.S.S.G. § 4B1.1. Counsel, though, is unable to articulate any conceivable disagreement with the court’s ruling, and nor are we. A defendant convicted of committing a crime of vio... | holding that a threat to harm another person is a crime of violence |
Answer the following legal multiple-choice question. | the clergy were more qualified than the civil courts in resolving and interpreting ecclesiastical law and religious faith. Id. The Watson Court, concluding that the local Presbyterian congregation was part of a hierarchical church struc ture, ordered deference to the policies of the General Assembly of the Presbyterian... | holding that there was subject matter jurisdiction in dispute relating to archbishops refusal to appoint a candidate to chaplaincy position because he was seeking relief as beneficiary of a trust but further finding that the determination of what the essential qualifications of a chaplain are and whether the candidate ... |
Answer the following legal multiple-choice question. | an explosive in terms of its primary or common purpose, we hold that the Government need not show that a device is actually able to explode to prove that a defendant knowingly possessed an explosive under § 842(i)(l); it need only prove that the defendant knew he possessed dynamite or other chemical compound, mixture, ... | holding that a good faith belief that a firearm is inoperable is not a viable defense to 18 usc 922g |
Answer the following legal multiple-choice question. | A. 598 (1935), this Court held that a graduated-rate income tax violated the Uniformity Clause. The statute in that case taxed income below $5,000 at a rate of 2%, income between $5,000 and $10,000 at a rate of 2.5%, and income between $10,000 and $25,000 at a rate of 3%. The Kelley Court explained that the tax was non... | holding that the uniformity clause proscribes the unequal treatment of certain individuals based upon their income |
Answer the following legal multiple-choice question. | The State Defendants also cite to cases from other circuits refusing to apply Ex Parte Young in suits challenging statutorily-created private rights of action. Okpalobi, 244 F.3d at 416-24; Children’s Healthcare is a Legal Duty, Inc. v. Deters, 92 F.3d 1412, 1416-17 (6th Cir.1996); see also Summit Med. Assocs., 180 F.3... | holding that ex parte young applied to plaintiffs claims against the criminal portion of the statute |
Answer the following legal multiple-choice question. | If the reliability test is not met and the methods or techniques are deemed unreliable, any expert testimony based upon such techniques is also considered unreliable and therefore inadmissible. See Franklin, 1999 UT 61 at ¶ 18, 987 P.2d 22. ¶ 22 Thus, the question before us is whether canine accelerant detection is nov... | recognizing that rimmasch is not intended to apply to all expert testimony but only for testimony based on newly discovered principles quotations and citation omitted |
Answer the following legal multiple-choice question. | United States Court of Appeals for the Federal Circuit (“Federal Circuit”) stated in Dawco Construction, Inc. v. United States, the CDA “simply identifies the person to whom the dispute is to be ‘submitted’ for a final decision” and that, “once a claim is made, the parties must ‘commit’ the claim to the contracting off... | holding that the court possesses jurisdiction to review contractor performance evaluations if the pertinent requirements of the cda are met emphasis added |
Answer the following legal multiple-choice question. | Pa.R.A.P. 3781(a). After the Liquidator issued a notice of determination (NOD) that allowed the claim at priority level (e) for benefits paid under a reinsurance policy, and disallowed the claim for post-judgment interest, AIGA filed an objection in accordance with Pa.R.A.P. 3781(c). AIGA asserted that the entire amoun... | holding that a policy nearly identical to that at issue in the present case was reinsurance |
Answer the following legal multiple-choice question. | sorts of factors that courts have long charged the Board with balancing. We conclude that the broad legal views outlined in Otis II are reasonably defensible approaches for determining when plant re-locations are mandatory bargaining subjects under the NLRA. IV. Analysis of the Present Case Having determined that Otis ... | holding that a decision to move did not turn upon labor costs but rather was motivated by inter alia a foreclosure action |
Answer the following legal multiple-choice question. | if the absence of sufficient evidence to the contrary ...”); Douglas by Kelly v. Bd. of Edu., 127 Ill.App.3d 79, 82 Ill.Dec. 211, 468 N.E.2d 473, 476 (1984) (finding that where a school’s window pane fell on plaintiff while she was sitting at her desk, plaintiff was entitled to a directed verdict based on res ipsa loqu... | holding that the injured passenger of a cab was entitled to summary judgment against the driver because the prima facie proof is so convincing that the inference of negligence is inescapable |
Answer the following legal multiple-choice question. | official immunity existed only in the cramped sense used by the court of appeals, its qualified promise against personal civil liability to public officers would be hollow indeed. The purpose of the doctrine of official immunity is to protect public officers from civil liability for conduct that would otherwise be acti... | holding that officers positioning himself next to his patrol car with gun drawn and then firing was a discretionary use of deadly force |
Answer the following legal multiple-choice question. | susceptible to many meanings. Although there is no direct statement that Mooney failed to perform his duties with regard to assisting his clients with their investments, this is the clear import of the specific language used. “Only knew” clearly implies that Mooney knew nothing about anything else. What was implied in ... | holding that though there was no express statement that the appellant had committed perjury the clear impact of the specific language in nine sentences was that the appellant lied while under oath which weighed in favor of an actionable statement |
Answer the following legal multiple-choice question. | judges, the trial management techniques needed to control these lawyers may seem harsh, even abusive. A rigorous standard that restricts sanctions to instances of clearly abusive behavior will reduce the likelihood that councils will sanction appropriate behavior out of inexperience. And quite apart from the problem of... | holding that imposing civil liability for acts committed to judicial discretion would contribute not to principled and fearless decisionmaking but to intimidation |
Answer the following legal multiple-choice question. | hearing are binding on the appellate courts if supported by competent evidence. State v. Brooks, 337 N.C. 132, 140, 446 S.E.2d 579, 585 (1994). A trial court’s conclusions of law are reviewed de novo on appeal. State v. Kincaid, 147 N.C. App. 94, 97, 555 S.E.2d 294, 297 (2001). In the present case, the trial court made... | holding reasonable and articulable suspicion existed to support an investigatory stop of a vehicle where the defendant and driver were observed loitering at a closed shopping center shortly before midnight no other vehicles were in the parking lot and the two men abruptly and hurriedly returned to their vehicle which w... |
Answer the following legal multiple-choice question. | health, education, and family comfort are also acceptable. See Collins v. Collins, 150 Fla. 374, 7 So.2d 443 (1942); Read v. Leitner, 80 Fla. 574, 86 So. 425 (1920). However, a debtor’s homestead was held to be abandoned when a debtor moved to New Hampshire and attempted to sell his property in Fort Myers, Florida. In ... | holding that no abandonment of property as homestead was shown merely because after house located on property was destroyed in hurricane debtor had quit premises allowed property to become overgrown with weeds and posted a for sale sign |
Answer the following legal multiple-choice question. | Appellants asserted below. See Harper, 138 Fed.Appx. at 132-33 (dismissing Fair Debt Collection Practices Act claims); Figueroa v. Merscorp, Inc., 766 F.Supp.2d 1305, 1316 (S.D.Fla.2011) (dismissing a RICO claim under Rooker-Feldman); Distant v. Bayview Loan Servicing, LLC, No. 09-61460-CIV, 2010 WL 1249129, at *3 (S.D... | holding that a foreclosure judgment was not subject to federal review under rookerfeldman and noting that the fact that plaintiff alleges that the foreclosure judgment was procured by fraud and conspiracy does not change that result |
Answer the following legal multiple-choice question. | under the TVPA: “[R]esponsibility for torture, summary execution, or disappearances extends beyond the person or persons who actually committed those acts — anyone with higher authority who authorized, tolerated or knowingly ignored those acts is liable for them.” S.Rep. No. 102-249, at 9. Thus, theories of liability u... | recognizing that our decision in cabello binds all subsequent panels of this court as to aiding and abetting liability |
Answer the following legal multiple-choice question. | his partner Officer Lilly. When the dissent argues that there was no one else at the setting to whom a purse with unknown contents could be given, it ignores the presence of Officer Stewart’s partner, Officer Lilly- ¶ 19 Further, nothing in the actual facts of this ease supports Officer Stewart’s immediate search of th... | holding that police in responding to a domestic violence call were not justified in engaging in a warrantless entry because the assault was over and there was no real danger that the assault was about to resume |
Answer the following legal multiple-choice question. | § 2252A and that a conviction for both offenses based on the same conduct violates the Double Jeopardy Clause. Id. at 1374-75 (citations omitted). That said, the Eleventh Circuit found in Bobb that the defendant’s convictions for both receipt and possession of child pornography did not violate the Double Jeopardy Claus... | holding that the double jeopardy clause did not bar charging the defendant with both receipt and possession of child pornography where the defendant was charged with possessing a set of files that did not form the basis for a separate receipt count |
Answer the following legal multiple-choice question. | subjective, although it is usually proved by inference from the acts of the accused. Thus, intentionally entering or intentionally remaining unlawfully upon the described premises with the intent to commit any crime against a person or property rights constituted burglary, and therefore, it cannot logically be said tha... | holding that statutory references in charge did not cure the omission of essential elements in the challenged counts of the charge |
Answer the following legal multiple-choice question. | ease provides in part: Court commissioners are quasi-judicial officers of courts of record and have judicial authority as provided by this section and rules of the Judicial Council. It further states: Upon the informed consent of the defendant, the court commissioner may conduct a jury or nonjury misdemeanor trial in a... | holding that utah const art vi 1 limits legislatures ability to delegate legislative powers or functions to others |
Answer the following legal multiple-choice question. | its discretion by modifying the timesharing agreement without evidence that the welfare of the minor child would be promoted by returning him to his former school in Lake County and changing the timesharing arrangement to have the father assume the primary timesharing responsibilities. See § 61.13(3), Fla. Stat. (2014)... | holding that parties inability to agree on which private high school child would attend constituted substantial change in circumstances warranting modification of parenting plan |
Answer the following legal multiple-choice question. | only when it is shown that the confidence reposed by one person was actually accepted by the other, and merely reposing confidence in another may not, of itself, create the relationship”) (footnotes omitted). Although the courts of Kansas have suggested that a somewhat more protective approach may be used when one part... | holding that a sellers superior knowledge of a product does not justify imposition of a fiduciary relationship in the absence of a conscious assumption of fiduciary duties |
Answer the following legal multiple-choice question. | his Fourth Amendment protections. See id. We agree with the district court’s conclusion that Crowder did not have a reasonable expectation of privacy in the Mustang after he turned it over to the shipper. The doors were left unlocked, the driver of the car carrier was given the keys, and Crowder knew that the driver wo... | holding that the defendant did not have a reasonable expectation of privacy in a package sent via federal express when the defendant signed an air bill that gave federal express the authority to search the package |
Answer the following legal multiple-choice question. | pumping cases and the body cavity search cases have generally involved searches of prison inmates and searches at the United States border. See id. at 124. In both contexts, the suspect’s expectation of privacy is thought to be less reasonable and the government’s interest thought to be greater. See id. at 125, 144-61 ... | holding that prisoners do not have a reasonable expectation of privacy in their cells |
Answer the following legal multiple-choice question. | proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Federal Rule of Civil Procedure 12(b)(6). In re Mortg. Elec. Registration Sys., Inc., 754 F.3d 772, 780 (9th Cir.2014). We affirm. The district court properly dismissed Winter’s claim for wrongfulforeclosure because Winter fai... | holding that mers is capable of being a valid beneficiary of a deed of trust and that while entitlement to enforce both the deed of trust and the promissory note is required to foreclose nothing requires those documents to be unified from the point of inception of the loan |
Answer the following legal multiple-choice question. | to present' concrete plans showing their intent to file those requests. One way for a plaintiff to make this showing -is to “dem upp.2d 233, 262 (D.D.C.2012) (“Recent cases have clarified that, where a FOIA requester challenges an alleged ongoing policy or practice and can demonstrate that it has pending claims that ar... | holding that when a plaintiff has no pending foia request with an agency and has not averred that he intends to make foia requests to the agency in the future any claim of future injury is simply too speculative and remote to give him standing |
Answer the following legal multiple-choice question. | include the offense of unlawful possession of a firearm by a felon, unless the possession was of a firearm described in 26 U.S.C. § 5845(a).” § 4B1.2 app. n. 1. A shotgun modified so that it “has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length” is a firearm described in ... | holding that the texas offense of possession of a prohibited weapon could only qualify as a crime of violence under the residual clause of 4b12a2 |
Answer the following legal multiple-choice question. | from the Guidelines range. Gall, 128 S.Ct. at 597; see also 18 U.S.C. § 3553(c) (requiring the sentencing court to state its reasons for imposing a sentence outside of the Guidelines). As indicated above, Mr. Johnson argues that his sentence is proeedurally unreasonable because: (1) the probation officer’s extrapolatio... | holding that plain error review is used for unpreserved challenges to the method by which the district court arrived at a sentence including arguments that the sentencing court failed to explain adequately the sentence imposed under the statutory factors in 3553a |
Answer the following legal multiple-choice question. | that Bartholdi’s claims of privilege were not properly raised before the Commission. Section 405 of the Communications Act provides that the Commission must be afforded an “opportunity to pass” on an issue as a condition precedent to judicial review. 47 U.S.C. § 405(a)(2). In this case, Bartholdi raised its privilege c... | holding that issue raised before alj but not nlrb was not preserved |
Answer the following legal multiple-choice question. | 247 Fed.Appx. 730, 734 (6th Cir.2007). Instead, he merely argued that the Cl “was the person that formed the facts for the issuance of the search warrant,” and so “[i]n order to present any viable defense,” the requested information was necessary. (Mot. for Discovery, R. 40, PagelD 164). Further, on appeal, Ray has not... | holding that the district court was within its discretion not to order disclosure of the governments confidential informant where the informant only helped orchestrate the search that led to discovery of incriminating evidence not the crimes themselves and could not testify to any relevant fact |
Answer the following legal multiple-choice question. | many of which are the same as those it considers in making appropriate unit determinations in initial representation cases, include: “integration of operations, centralized control of management and labor relations, geographic proximity, similarity of terms and conditions of employment, similarity of skills and functio... | holding that accretion had not occurred notwithstanding that there was integration of operations similarity of employee skills functions and working conditions and contact between employees at separate locations because there was neither employee interchange nor common supervision |
Answer the following legal multiple-choice question. | that Cook County was justified in discharging Bodenstab because “[i]t would have been too risky to chance returning [Bodenstab] to his previous position as a Doctor of Anesthesiology at Stroger Hospital in view of the recommendations and observations made by PRC Staff.” Thus, the Hearing Officer’s decision does not sup... | holding that arguments not fully developed until a reply brief are waived |
Answer the following legal multiple-choice question. | of leaving the license at home.” Id. It also considered the scant risk of erroneous conviction, remarking that: “We find it nearly impossible to believe that [the accused] had such a license but withheld it, subjecting himself to the risk of a mandatory term of imprisonment” — “ ‘[s]uch an absurd game.does not contribu... | holding that the state crime under review was not one of general prohibition before considering whether the evidence had any sinister significance in relation to the presumed culpability component |
Answer the following legal multiple-choice question. | it was given voluntarily. If these questions are resolved in favor of the State, then, without being advised of the court’s decision, the jury shall be instructed that they should decide whether in view of all the same circumstances the defendant’s confession is true. If they find that it is not true, then they must tr... | holding prosecutors statement to jury on summation that trial court had previously found defendants two confessions voluntary constituted reversible error even though trial court gave hampton charge because it failed to instruct jury to disregard prosecutors statement |
Answer the following legal multiple-choice question. | to argue on appeal his waiver and sua sponte dismissal issues, we should then reject the petitioner’s arguments on the merits. In my judgment, the district court acted in conformity not only with AEDPA but also with the caselaw construing AED-PA. Congress intended AEDPA to further the principles of comity, finality, an... | recognizing that the 1 year limitation period of 2244d1 quite plainly serves the wellrecognized interest in the finality of state court judgments |
Answer the following legal multiple-choice question. | for the Florida Supreme Court to review the imposition of the death sentence with “rationality and consistency,” Proffitt, supra, 428 U.S. at 259, 96 S.Ct. at 2969, defendants and their counsel must be aware of all the material under consideration by the court. Not only is the defendant’s right to counsel implicated, A... | recognizing fifth amendment right to be informed of right to remain silent to have questions cease and to consult with an attorney before being subjected to psychiatric examination that may be used against defendant in capital sentencing proceedings |
Answer the following legal multiple-choice question. | “others” are not enough to plead the requisite pattern of fraud. In Emery v. American General Finance, Inc. (“Emery I”), 71 F.3d 1343 (7th Cir.1995), we encountered facts substantially similar to those in the case at hand: The plaintiff pleaded with adequate particularity the fraud directed against her, but with regard... | holding that plaintiffs allegation that defendant engaged in multiple instances of mail and wire fraud did not allege pattern of racketeering activity with sufficient particularity |
Answer the following legal multiple-choice question. | the evidence of Robertson’s alleged prior threat to his ex-wife as Williams rule evidence, the State cannot rely on the law of impeachment to introduce the same evidence through the back door by asking an impermissible question regarding an alleged prior crime. Finally, we address whether the admission of this collater... | holding collateral crime evidence that defendant was an escaped convict was presumptively harmful |
Answer the following legal multiple-choice question. | she sought treatment with, at least, seven (7) different doctors, and none gave her a written recommendation indicating that her impairments required a change in territory. See Findings of Fact, Section I, infra, ¶ 37. That is, although Plaintiff categorizes this transfer as a “reasonable accommodation,” she never expl... | holding that employee allegedly suffering from fibromyalgia was not qualified individual and thus could not maintain ada claim challenging transfer and termination inasmuch as she was unable to perform essential functions of those positions with or without accommodation employee did not dispute supervisors evaluations ... |
Answer the following legal multiple-choice question. | than recommended. 19 . CCP argues, without citing any authority, that gel coat is not merchandise because it is not mass produced for sale to the general public and is not a product the average person would know how to use. This argument is not persuasive. The fact that CCP markets its gel coat for sale to manufactures... | holding that a purchaser of prefabricated wall panels for installation could bring a claim under the njcfa |
Answer the following legal multiple-choice question. | as that act is subject to innumerable interpretations.”). Instead of seeking to avoid punishment, a defendant who attempts suicide may, for reasons unrelated to the crime charged, choose to inflict upon himself or herself a punishment more severe than that following a conviction of the charge. State v. Coudette, 7 N.D.... | holding that admitting evidence of attempted suicide was error when defendant had already pled guilty and attempt was not probative of guilt |
Answer the following legal multiple-choice question. | Clauses of both the Iowa and Federal Constitutions because paragraph P of the parole agreement constituted involuntary consent. The State argued the search was reasonable because Baldón consented to the searches by signing the parole agreement. It asserted Baldón was still serv 0) (avoiding consent issue by relying on ... | holding parolee voluntarily agreed to consentsearch provision as a condition of release into society |
Answer the following legal multiple-choice question. | that the officer’s observation of Kaigler sitting in his car was an insufficient basis for establishing a well-founded suspicion of criminal activity — in other words, that the stop was-illegal. After the trial court ordered the cocaine suppressed, defense counsel argued that the other two counts should be-dismissed be... | holding that while the state must prove that the alleged victim was a law enforcement officer who was engaged in the lawful execution or performance of a legal duty the technical illegality of that action does not justify resisting with violence or battering the officer |
Answer the following legal multiple-choice question. | factors); Manual for Complex Litigation, Fourth § 11.493 (2007) (discussing similar factors in assessing the value of survey evidence). The Coulter-Renken Study is based on a sample of 3,116 internet survey respondents. However, the study itself does not provide any indication of how this sample was selected. (Rao Deck... | holding that survey with improperly idefined sample was not probative |
Answer the following legal multiple-choice question. | that their complaints about working conditions were protected by the First Amendment: A “public employee may not transform a personal grievance into a matter of public concern by invoking a supposed popular interest in the way public institutions are run.” “[T]he relevant inquiry is not whether the public would be inte... | recognizing that even as to an issue that could arguably be viewed as a matter of public concern if the employee has raised the issue solely in order to further his own employment interest his first amendment right to comment on that issue is entitled to little weight |
Answer the following legal multiple-choice question. | where the petitioner is in custody under the conviction or sentence under attack at the time his petition is filed). In addition, we agree with the Commonwealth that to the extent that due process guarantees an opportunity to be heard on her ineffectiveness claim, Petitioner was afforded an opportunity to be heard with... | holding that under section 9543a1 a pcra petitioner is not eligible for relief where the petitioner has completed serving the sentence before final adjudication on the petition |
Answer the following legal multiple-choice question. | behavior of which they were aware); Gallo v. Wonderly Co., Inc., 2014 WL 36628, *8 (N.D.N.Y.2014) (a person may be liable under § 296 for taking no action to remedy discriminatory behavior); Lewis v. Triborough Bridge and Tunnel Autk, 77 F.Supp.2d 376, 384 (S.D.N.Y.1999) (“the case law establishes beyond cavil that a s... | recognizing that the failure to investigate could constitute aid and abetting liability but finding this plaintiff failed to allege that he ever brought the discriminatory conduct to his superiors |
Answer the following legal multiple-choice question. | regarding Ragnoli. App. 79. The letter explained that Ragnoli had requested that the BOP run his federal sentence concurrently with his state sentence. The BOP could accomplish this by retroactively designating the state prison as the institution for service of Ragnoli’s federal sentence. This retroactive designation w... | holding that a district courts recommendation that the bop not credit the defendant for his time in state custody was not appealable because the district courts recommendation was not binding on the bop |
Answer the following legal multiple-choice question. | and to allow it to brief the issue of whether the statute of limitations should be equitably tolled as to potential opt-in plaintiffs in this action. ECF No. 14. The motion for reconsideration, plaintiffs response, and defendant’s reply amount to the' very briefing of the issue that the motion seeks. See ECF Nos. 14, 1... | holding in a habeas case that tolling is available when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control |
Answer the following legal multiple-choice question. | a pending criminal investigation, we conclude that a remand to the trial court is appropriate to allow the City an opportunity to review the field interview cards and to submit to the trial court for in camera review those cards or portions of cards which the City maintains are involved in an ongoing criminal investiga... | holding that county could redact from public records any information made confidential by statute with any redaction subject to review by the chancellor |
Answer the following legal multiple-choice question. | that Nusspickel was guilty of the aggravated battery charges even though the jury convicted her on each charge of the lesser-included offense of simple battery and (2) misconduct that had not been charged and proved relating to her alleged contact with one of the victims after the charged incidents. She also asserts th... | recognizing that this court and the united states supreme court have embraced the notion that so long as the sentence imposed is within the maximum limit set by the legislature an appellate court is without power to review the sentence |
Answer the following legal multiple-choice question. | should be excluded as part of his motion to dismiss, which the trial court again denied. This case can be distinguished from Stewart, supra, and Cole, supra, because Hilton did make a contemporaneous objection when the contested evidence was introduced. Although there are no cases involving the particular situation in ... | holding that argument was not preserved where defendant did not file a pretrial motion to suppress and did not object or make a motion to exclude the evidence until his motion to dismiss at the close of all of the evidence |
Answer the following legal multiple-choice question. | 2010 WL 877569, at *3; Hart, 1999 WL 225956, at *2). The court reasoned that because Samshi Homes acknowledged that the documents filed by De Leon were in the form of mechanics liens, the documents were instruments “provided by the ... laws of this state” and were “therefore not presumed to be fraudulent under section ... | holding that movant converted his motion for judicial review into an action seeking declaratory judgment by requesting rulings on underlying rights of the parties |
Answer the following legal multiple-choice question. | had consented in cases of direct appeal to review post-conviction claims of ineffective assistance of trial counsel where a record in the trial court was sufficient to permit appellate review. Id. The court declined Mr. Wheat’s argument and held that the new rule explicitly provides the “exclusive procedure” by which a... | holding that ineffective assistance of counsel claim was not cognizable on direct appeal because it was not presented under the postconviction procedures set forth in rules2915 or 24035 which allow for the development of a full and complete record |
Answer the following legal multiple-choice question. | due process clause of the Fourteenth Amendment. Accordingly, we consider, below, under the Fourteenth Amendment Plaintiffs’ allegations that Defendants’ actions violate their due process rights. 5. Plaintiffs’ Procedural Due Process Rights Under the Fourteenth Amendment Plaintiffs raise a number of procedural due proce... | holding that a prison inmate was deprived of liberty and property because he was reclassified thereby losing certain privileges |
Answer the following legal multiple-choice question. | the issue, and whether the issue was proffered by one and controverted by another. See Gies v. Nissen Corp., 57 Wis.2d 371, 204 N.W.2d 519, 525 (1973). The Wisconsin Supreme Court considers an issue to be “joined” between the parties when one party has served a formal pleading asking for relief against the other party.... | holding that claim preclusion did not bar fire insurer from bringing a second action against its coplaintiff in first action |
Answer the following legal multiple-choice question. | that there is no coverage for diminished value claims are: Siegle v. Progressive Consumers Ins. Co., 00-1503 (Fla. App. 4th Dist.6/13/2001), 788 So.2d 355 (finding no ambiguity and concluding there was no reading of the policy that obligated the insurer to pay for inherent diminution in market value where the insurer’s... | holding that the repair or replace limitation of liability capped the insurers liability at the amount necessary to return the car to substantially the same condition as before the loss and did not include liability for loss due to stigma on resale |
Answer the following legal multiple-choice question. | (1934), 356 Ill. 340, 343-46 (deficient signatures on petition in court-approved annexation challenged by quo warranta; burden of justification was on defendant); accord People ex rel. Curtin v. Heizer (1967), 36 Ill. 2d 438, 441 (collateral attack upon proceedings of county court purporting to establish fire district ... | holding that deficient jurisdictional facts insufficient number of valid signatures in petition will not confer subjectmatter jurisdiction for court to act |
Answer the following legal multiple-choice question. | as here, the recalcitrant witness is at liberty pending appeal. In so holding, we join all of the circuits which have squarely addressed the issue. See In re Grand Jury Matter, 906 F.2d 78, 82-83 (3d Cir.1990), cert. denied sub nom. Backiel v. United States, — U.S. -, 111 S.Ct. 509, 112 L.Ed.2d 521 (1990); In re Sealed... | holding that the statutes 30 day provision is mandatory and may not be extended and dicta that it may not be extended by release from incarceration |
Answer the following legal multiple-choice question. | from this guard which, in combination, may suggest an ethnicity or national origin-based animosity predating the August incident. In light of these combined facts, a jury could reasonably conclude that Plaintiff was, in fact, selected either as the target, or at least the “subject,” of the call precisely because of his... | holding that an inmate has no right to any particular prison job but prison officials cannot discriminate against him on the basis of his race in work assignments |
Answer the following legal multiple-choice question. | Hill’s case, Ischa the drug dog was called out to inspect Hill’s car after Hill had already been arrested. Since the use of a canine here did not result in any seizure of Hill or his car beyond what he would have otherwise endured, officers did not need any justification for holding the car pending the canine inspectio... | holding that where a qualified drug dog alerts to the presence of contraband in a vehicle officers have probable cause to search the vehicle |
Answer the following legal multiple-choice question. | references to Wis. Stat. § (Rule) 809.32 are to the 1997-98 version unless otherwise indicated. 2 A "Johnny cab" is a private vehicle driven by a retired person who provides an informal, unlicensed transportation service for a fee. 3 The Supreme Court has specifically held that Wis. Stat. (Rule) § 809.32(1), as interpr... | holding that a habeas petition in the court of appeals is the exclusive remedy for challenging the effectiveness of appellate counsel |
Answer the following legal multiple-choice question. | Accordingly, for all the foregoing reasons, we vacate the trial court’s order denying the motion to dismiss and remand for the entry of an order dismissing Walker’s complaint. Judgment vacated and case remanded with direction. Ellington, C. J., and Phipps, P. J., concur. Decided September 6, 2012. Samuel S. Olens, Atto... | holding that plaintiff complied with plain language of the notice requirement when notice was mailed within statutory period although it was not received until after |
Answer the following legal multiple-choice question. | 803 So.2d 598, 605-07 (Fla.2001); Fitzpatrick v. State, 900 So.2d 495, 511 (Fla.2005) (citing Escobar for the proposition that “police misrepresentations alone do not necessarily render a confession involuntary,” but rendering this holding in the context of a case in which the police investigator misrepresented the ext... | holding confession voluntary despite police misrepresentation of the thenunknown inculpatory nature of the applicable dna evidence |
Answer the following legal multiple-choice question. | on the meaning of this phrase. We disagree with Sachs's argument that the sale of only UPCM's stock and not its real property assets automatically places this transaction outside the reach of UREBA. Despite the fact that stocks or shares in a corporation are generally considered personal property, there are occasions w... | holding that the new jersey real estate licensing act is applicable to the sale of a company through a stock sale |
Answer the following legal multiple-choice question. | 1068 (1952) (free speech and equal protection); Shelley v. Kraemer, 334 U.S. 1, 68 S.Ct. 836, 92 L.Ed. 1161 (1948) (equal protection). The government argues that the parts of the regulations authorizing cable operators to deny access to indecent material do not trigger First or Fifth Amendment analysis because a privat... | holding governments encouragement through witness protection program of mothers decision to keep children from father constituted state action |
Answer the following legal multiple-choice question. | injuries, except her aff concerning the degree of disability associated with the preexisting condition versus that arising from the falls, the Commission was not compelled to believe it and could reject all or any part of it which it did not consider credible. Hutchinson v. Tri-State Motor Transit Co., 721 S.W.2d 158, ... | holding that wjhere the right to compensation depends upon which of two conflicting medical theories should be accepted the issue is peculiarly for commissions determination |
Answer the following legal multiple-choice question. | appeared in court on December 7, 2007, and the court dismissed the cases for failure to prosecute because the State had not filed any charging documents in either case. The court subsequently entered orders dismissing the cases with prejudice, because “[t]he State failed to file the charging documents or take any actio... | holding the state may appeal orders of dismissal that have the same effect as orders quashing an information |
Answer the following legal multiple-choice question. | As will be discussed below, although (A) the FAA air traffic controllers had a duty to disseminate certain weather related information to Flight 2745, they (B) did not breach this duty as to any CWAs or PIREPs. Furthermore, (C) the controllers did not have a duty to disseminate MISs or the information contained therein... | holding that an air traffic controllers failure to report weather conditions from another faa location to a planes pilot was not negligent |
Answer the following legal multiple-choice question. | Moreover, under the present law, the Debtor will not receive a discharge unless he completes performance of the Plan. 11 U.S.C. § 1141(d)(5). Thus, if the Debtor were unable to perform the Plan, Osh-untola would suffer little prejudice from its having been confirmed. 4 . The Court does not read 11 U.S.C. § 108 as exten... | holding that the debtor could retain exempt property because it was not property of the estate |
Answer the following legal multiple-choice question. | areas constitute a residence subject to a legitimate expectation of privacy, the Government contends that exigent circumstances warranted the entry into the apartment building. (Id. at 16.) The Government bases this exigency on threats to law enforcement and the general public, as evidenced by the totality of the circu... | holding that defendants had no reasonable expectation of privacy in the common areas of an apartment building |
Answer the following legal multiple-choice question. | Bronster, 82 Hawai’i at 40, 919 P.2d at 302. “Such damage means simply that the product has not met the customer’s expectations, or, in other words, that the customer has received ‘insufficient product value.’ ” Id. (citation omitted). Under the economic loss rule, “a manufacturer in a commercial relationship has no du... | holding that in the context of construction litigation regarding the alleged negligence of design professionals a tort action for negligent misrepresentation alleging damages based purely on economic loss is not available to a party in privity of contract with a design professional |
Answer the following legal multiple-choice question. | therein ...” 392 U.S., at 436, [88 S.Ct., at 2201]. One of the “rights enumerated” in § 1 is “the same right ... to make and enforce contracts ... as is enjoyed by white citizens_” 14 Stat. 27. Id. As a result, the Court concluded: Just as in Jones a Negro’s § 1 right to purchase property on equal terms with whites was... | holding with little discussion that section 1981 applies to private racial discrimination |
Answer the following legal multiple-choice question. | Amendment claim because the record demonstrates that there are several disputed issues of material fact. We agree. We review de novo a district court’s order granting summary judgment. Oliver v. Keller, 289 F.3d 623, 626 (9th Cir. 2002). “We must determine, viewing the evidence in the light most favorable to the nonmov... | holding that where the plaintiff is pro se the court must consider as evidence in his opposition to summary judgment all of plaintiffs contentions offered in motions and pleadings where such contentions are based on personal knowledge and set forth facts that would be admissible in evidence and where plaintiff attested... |
Answer the following legal multiple-choice question. | motion for attorneys’ fees based on the proposal for settlement filed by Rebeca Ipox in her individual capacity. In a wrongful death case where there are joint personal representatives, the joint personal representatives are the party plaintiffs. As the party plaintiffs, only the joint personal representatives — acting... | holding that a copersonal representative could not unilaterally file a notice of appeal without concurrence of the other copersonal representative |
Answer the following legal multiple-choice question. | those of Legal Defense Fund lawyers. The only material difference is that here employees must choose between the lawsuit and a conciliation offer while in Button there had been no conciliation and offer. The people attending the meetings held by the Legal Defense Fund lawyers in Button, however, did have to choose betw... | holding rule similar to district courts order constitutionally inapplicable to nonprofit solicitation |
Answer the following legal multiple-choice question. | that the burglary occur in a dwelling.” Wenner, 351 F.3d at 973. Taylor sets forth a categorical approach, which “generally requires the trial court to look only to the fact of conviction and the statutory definition of the prior offense.” 495 U.S. at 602, 110 S.Ct. 2143. Using that approach, Rodriguez’s California fir... | holding that in california one may be convicted of burglary even if he enters with consent |
Answer the following legal multiple-choice question. | Affirmed. WEBSTER, J., concurs. BENTON, J., dissents with opinion. BENTON, J., dissenting. Because the order on appeal fails to afford the opinion of the expert medical advisor the presumption of correctness to which it is entitled, I respectfully dissent. Absent clear and convincing evidence of adequate grounds for re... | holding evidence insufficient to overcome presumption of correctness |
Answer the following legal multiple-choice question. | a noninvasive procedure which posed little risk of harm. He had done similar tests many times on, in his view, similarly rusty boilers without cooling them down first. And nothing in his observations or discussions with Mr. Nelson suggested that this particular boiler posed a heightened risk of danger. Mr. Reimer’s ver... | holding that plaintiff who was injured in fall from table did not have actual knowledge of a known risk and he did not make the choice to chance the risk rather than avoid it where he and other employees had similarly stood or stomped on the lift table without incident for seven months |
Answer the following legal multiple-choice question. | or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or in violation of a statutory right; or (D) without observance of procedure required by law.” 38 U.S.C. § 7292(d)(1). B. ANALYSIS Equitable t... | holding that in light of irwin previous statements that equitable tolling is unavailable against 38 usc 7266 are overruled |
Answer the following legal multiple-choice question. | had reached age 55, in order to make them eligible for benefits (Katz Aff. Ex. 45), establishes that Pan Am in fact interpreted its Plan as requiring employees to have reached the age of 55 to receive subsidized benefits, regardless of how their employment ended. If the Plan provided the subsidized benefit to employees... | holding that employer may not orally modify a pension plan and citing 29 usc 1102a1 which provides that all plan terms must be in writing |
Answer the following legal multiple-choice question. | as true.” See United States v. Young, 694 F.Supp.2d 25, 27 (D.Me.2010) (citing Boyce Motor Lines, Inc. v. United States, 342 U.S. 337, 343 n. 16, 72 S.Ct. 329, 96 L.Ed. 367 (1952)). The Court must consider whether the allegations in the indictment are sufficient to inform a jury as to the charged offense. See United St... | holding that the commerce clause does not provide congress with authority to enact a federal civil remedy for victims of gendermotivat ed violence because the crime was noneconomic contained no jurisdictional element and the aggregate impact of such crime was based on an attenuated effect upon interstate commerce |
Answer the following legal multiple-choice question. | this conclusion, we are mindful of decisions in other jurisdictions rejecting the argument that changes to the juvenile justice system have altered its parens patriae character. See Valdez v. State, 33 Ark. App. 94, 801 S.W.2d 659 (1991); In re Myresheia W., 61 Cal. App. 4th 734, 72 Cal. Rptr. 2d 65 (1998); In re L.C.,... | holding juveniles do not have constitutional right to a jury trial but striking down statute that allowed juveniles to receive adult sentence without a jury trial three justices dissented reasoning juveniles should be entitled to a juiy trial under all cases because changes to juvenile justice code treated juveniles li... |
Answer the following legal multiple-choice question. | and Recommendation (“Report”) suggesting denying Dickey-Williams’ motion and granting the Commissioner for Social Security’s (“Commissioner”) motion. Report, ECF No. 13. Dickey-Williams filed three timely objections to the Report. She argues the Report improperly dismissed the ALJ’s failure to apply the treating physic... | holding 28 usc 636 did not require a hearing for de novo review of a magistrates findings |
Answer the following legal multiple-choice question. | in fact, consumers will not necessarily get less tar” due to “such behavior as compensatory smoking.” Ibid. This history shows that, contrary to petitioners’ suggestion, the FTC has no longstanding policy authorizing collateral representations based on Cambridge Filter Method test results. Rather, the FTC has endeavore... | holding that the coast guards decision not to regulate propeller guards did not impliedly preempt petitioners tort claims |
Answer the following legal multiple-choice question. | limitations will not commence to run until the contract has been finished.” In the instant case, Freberg was never allowed to deliver a finished product or service to Dr. Robert Thomason. Consequently, up to the date of July 25,1973, the day after Dr. Elizabeth died, Freberg’s cause of action against the Thomasons had ... | holding that an attorneys cause for services rendered over a period of time accrued when his services had been completely performed |
Answer the following legal multiple-choice question. | by other inmates to say that Bishop, who had solicited the murder, did not know the murder had occurred until after it happened. The district court denied Bishop’s petition for a writ of habeas corpus, explaining that the evidence that Bishop alleged should have been presented at sentencing, did not bear on two of thre... | holding that the federal habeas courts task is to determine if the state courts decision was contrary to or involved an unreasonable application of clearly established federal law as determined by the supreme court of the united states |
Answer the following legal multiple-choice question. | if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). We lack jurisdiction to review either of the district court’s orders because they are not final judgments for purposes of 28 U.S.C. § 1291; they are not among the type of orders listed in § 1292(a); they were not certified by the district court under Fe... | holding that an order of consolidation is interlocutory and not immediately appealable |
Answer the following legal multiple-choice question. | under an exception to the statute was either waived or resolved in the workers’ compensation case. Neither of these circumstances apply in the instant case. a. Compensability is not an issue. Vallejos elected his remedy by filing a petition for benefits, receiving payments, and negotiating a settlement. All of the foll... | holding that because the carrier contested the compensability of the claim and took the position that there was no evidence that the accident arose out of and in the course and scope of hernandezs employment there was no conclusion on the merits |
Answer the following legal multiple-choice question. | scared” and “[s]ome of those questions were too hard.” J.A. at 108-25 (Suppression Hr’g Tr. at 299-816). Spies listened to the recording of Vaughn’s interrogation of Harris as soon as she arrived at the police station and before she ordered Harris’s arrest. J.A. at 559-60 (Urban Dep. at 586-40). Accordingly, she should... | holding that whether an arrest is supported by probable cause turns upon whether at the moment of the arrest the facts and circumstances within the arresting officials knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the petitioner had committ... |
Answer the following legal multiple-choice question. | meets the statutory requirements for restitution is a question of law that is fully reviewable by the appellate court.” State v. Nelson, 796 N.W.2d 343, 346-47 (Minn.App.2011) (quotation omitted). A victim may request restitution if the defendant is convicted of a crime. Minn. Stat. § 611A.04, subd. 1(a). When consider... | holding that restitution is proper for victims losses that are directly caused by appellants conduct for which he was convicted |
Answer the following legal multiple-choice question. | Sanusi v. Gonzales, 445 F.3d 193, 201 (2d Cir.2006) (per curiam) (citing Matter of Coelho, 20 I. & N. Dec. 464, 473 (B.I.A.1992) (“[T]he Board ordinarily will not consider a discretionary grant of a motion to remand unless the moving party meets a ‘heavy burden’ and presents evidence of such a nature that the Board is ... | holding that this court lacks jurisdiction to review the bias discretionary determinations concerning whether to grant cancellation of removal and that sjection 106 of the real id act does not override the jurisdictiondenying provision of 8 usc 1252a2b unless the petitioner raises a constitutional claim or question ... |
Answer the following legal multiple-choice question. | OF THE COURT GREENBERG, Circuit Judge. I. JURISDICTION Thomas J. Capano appeals from an order entered in the district court on June 27,1997, holding that he waived the attorney work product privilege with respect to certain documents he created which the United States seized from a third party pursuant to a subpoena. T... | holding that a denial of an order to quash a subpoena not directed to a movant was a final order if the movant had no further opportunity to challenge the subpoena |
Answer the following legal multiple-choice question. | regarding lack of consent of the owner, there was no evidence as to who was authorized to give consent to use the vehicle because the identity of the owner was never conclusively established, as there was no connection established between the car appellant was driving and the car that was stolen from Ms. Hautala. The g... | holding that lack of consent may be established by adequate circumstantial evidence |
Answer the following legal multiple-choice question. | does not promise anything to the witnesses prior to their testimony.” Shabazz, 336 F.3d at 165. Moreover, a witness’s "general and hopeful expectation of leniency is not enough to create an agreement or an understanding that [he] would, in fact, receive leniency in exchange for [his] testimony.” Id. at 163 (citation an... | holding that if the court denies a habeas petition on procedural grounds the certificate of appealability must show that jurists of reason would find debatable two issues 1 that the district court was correct in its procedural ruling and 2 that the applicant has established a valid constitutional violation emphasis in ... |
Answer the following legal multiple-choice question. | pursuant to a lawful warrant that the police obtained in the interim with information that was unrelated to the war-rantless entry. The Court refused to suppress the evidence, not because of a lack of causal relationship to the conduct of the search, but because the search was lawful in every respect. The search was co... | holding that suppression is not an appropriate remedy for officers failure to serve a warrant to the defendant before during or immediately after the search |
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