instruction stringclasses 1
value | input stringlengths 466 4.5k | output stringlengths 12 2.16k |
|---|---|---|
Answer the following legal multiple-choice question. | The majority opinion also states without explanation that it would not have been “practical or possible” for the District to establish contacts with Mr. Allen as one of the “nearly two dozen” or “over two dozen” test takers that day. But nothing about the fact that Mr. Allen was one of the select few the District scree... | holding that liability foreclosed because there exists no class in the sense that would justify invoking the special relationship exception to the public duty doctrine |
Answer the following legal multiple-choice question. | his monthly child support obligation. We note, however, that Mother cross-petitioned and received a judgment against Father for child support arrearages. The family court did not make a specific finding of which party prevailed and such a determination is not necessary to resolve the issue here. Even assuming Father wa... | recognizing that a statutes use of may when describing the courts authority generally connotes discre tion |
Answer the following legal multiple-choice question. | which the members of the Ford Court stated the constitutional prohibition on the execution of the insane. The plurality recognized society’s abhorrence of inflicting the death penalty on one whose mental illness prevents him from “comprehending” the “implications” of his punishment., Ford, 477 U.S. at 417, 106 S.Ct. 25... | holding that to be competent under ford a prisoner must have a rational understanding of what it means to be executed |
Answer the following legal multiple-choice question. | have applied the burden-of-proof rules used to enforce the presumption favoring arbitration to contractual jury waivers. See In re Wells Fargo Bank Minn., N.A., 115 S.W.3d 600, 609-10 (Tex.App.-Houston [14th Dist.] 2003, orig. proceeding) (applying presumption of validity to contractual jury waiver — i.e., presuming th... | recognizingpublic policy favors arbitration |
Answer the following legal multiple-choice question. | its face’ ” with respect to his retaliation claims. In re Katrina Canal, 495 F.3d at 205 (quoting Bell Atl. Corp., 127 S.Ct. at 1974); see Woods v. Smith, 60 F.3d 1161, 1164-66 (5th Cir. 1995). For similar reasons, these claims do not lack “an arguable basis in law or fact.” Berry, 192 F.3d at 507. Accordingly, we vaca... | holding that although pro se briefs are liberally construed even pro se litigants must brief arguments in order to preserve them |
Answer the following legal multiple-choice question. | v. City of Kotzebue, 627 P.2d 623, 630 n. 10 (Alaska 1981) (citing § 302B to reject a jury instruction that "[eJvery person who, himself, is exercising ordinary care, has a right to assume that every other person will perform his duty and obey the law"). 15 . Restatement (SEconp) or Torts § 302B emt. d. 16 . Restatemen... | holding that it was not foreseeable that an abusive boyfriend would be waiting to attack another man that his girlfriend brought home one night |
Answer the following legal multiple-choice question. | for $10,000. See V.R.C.P. 56(e) (“When a motion for summary is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party’s pleading, but ... must set forth specific facts showing that there is a genuine issue for trial.”). ¶ 30. While we may not... | holding that because claimant had asserted fifth amendment during discovery he may not submit affidavits in opposition to governments motion for summary judgment |
Answer the following legal multiple-choice question. | on Davies’ credibility and the weight to be given his trial testimony by the trial court. As this court very recently noted: [I]n order to controvert the Director’s case for revocation for a refusal, pursuant to § 577.041, requiring us to defer to the trial court with respect to its conclusions and its resolution of fa... | holding that a legitimate factual dispute or credibility determination is presented by the crossexamination of a witness for the director which raises a legitimate credibility dilemma with respect to a material aspect of the directors case |
Answer the following legal multiple-choice question. | Loudermill, 470 U.S. 532, 542, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985)). For example, a state court injunction available before the deprivation “of any significant property interest” constitutes an adequate pre-deprivation remedy. See id. at 36-37, 110 S.Ct. 2238 (“[t]he State may choose to provide a form of ‘predeprivat... | holding that notice of condemnation and availability of a state court injunction writ of mandamus and writ of certiorari in an eminent domain case satisfied due process |
Answer the following legal multiple-choice question. | person in danger of death or serious bodily injury.” 18 Pa.C.S.A. § 2301 defines “serious bodily injury” as “[bjodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.” ¶ 15 In the case sub j... | holding evidence sufficient for recklessly endangering another person where the appellant grabbed the victim around the neck and pulled her into a room |
Answer the following legal multiple-choice question. | residents for the proposition that the public believed the proposed tower would be an eyesore and would diminish property values. The only written evidence pertaining to the survey is a brief description of how it was carried out and copies of numerous responses. The survey is of no value and the Court will disregard i... | holding that an objectors generalized concerns do not constitute substantial evidence |
Answer the following legal multiple-choice question. | record, as counsel for the INS acknowledged at oral argument. Such misrepresentations of the record are poor advocacy and waste both the court’s and other litigants’ time. We expect better from counsel, including government counsel. Cf. Thomas v. Digital Equip. Corp., 880 F.2d 1486, 1490-91 (1st Cir.1989) (sanctioning ... | holding that an ij or bia decision that occurs after september 30 1996 is an action taken that triggers iiriras aggravated felony rules |
Answer the following legal multiple-choice question. | is not vague or over-broad. United States v. Kelly, 314 F.3d 908, 912-13 (7th Cir.2003) (interpreting the holding in Ashcroft to only apply to virtual pornography); United States v. Hersh, 297 F.3d 1233, 1254 n. 31 (11th Cir.2002) (same); see also Fink v. State, 817 A.2d 781, 790 (Del.2003) (same); Perry v. Commonwealt... | holding that pornography depicting actual children can be prescribed whether or not the images are obscene because of the states interest in protecting the children exploited by the production process |
Answer the following legal multiple-choice question. | which concerns “a whole range of easily identifiable and constitutionally proscribable conduct.” Shepard, 983 P.2d at 4. We therefore cannot agree with Shell’s claim of overbreadth. C. We also are unpersuaded by Shell’s assertion that the court lacks jurisdicti 0 N.E.2d 753, 756 (Ind.1986) (same). In keeping with these... | holding that under the supremacy clause a state court could not enforce a prohibition on the unauthorized practice of law against an individual who was permitted to practice law under the rules of a federal court located in the states jurisdiction |
Answer the following legal multiple-choice question. | that, because Mr. Grant refused to allow a search of his house, he knew that he could refuse consent for a search of his property. Of course, the deputies had already searched the property, thus demonstrating to Mr. Grant that they had an absolute right to search and that his “consent” to any further search was a mere ... | holding consent knowing sheriff had already seen marijuana in prior illegal search was acquiescence to authority |
Answer the following legal multiple-choice question. | when asked whether the Plaintiff had a “severe impairment” during the relevant period, and did not bother to list the evidence he reviewed that supported his assessment. (AR at 299.) Significantly, there is no mention whatsoever of fibro-myalgia, an impairment ALJ Cohen found was present in this case. (AR at 13, 307.) ... | holding that the testimony of a nonexamining medical advisor does not constitute evidence sufficient to override the treating physicians diagnosis |
Answer the following legal multiple-choice question. | mobile home because the comprehensive terms provided in N.C. Gen. Stat. § 20-72(b) had not been met might be germane to our analysis if tort law or liability insurance coverage were implicated. But see N. C. National Bank v. Robinson, 78 N.C. App. 1, 336 S.E.2d 666 (1985) (declining to apply the MVA even where the caus... | recognizing that the supreme court in hayes consistently limited its holding that the mva title provisions applied instead of the ucc to cases involving tort law and liability insurance coverage |
Answer the following legal multiple-choice question. | was imposing a sentence that varied from the guidelines range based on its consideration of the § 3553(a) factors. It is not clear from the record whether the district court granted a six-level variance because it determined that a sentence of seventy-eight months was appropriate notwithstanding the guidelines range, o... | holding that an error in guideline calculation seriously affected the defendants substantial rights because the starting point for consideration of 3553a factors was five months higher than it should have been |
Answer the following legal multiple-choice question. | 270 A.2d 702 (1970), appeal dismissed, 402 U.S. 902, 91 S.Ct. 1377, 28 L.Ed.2d 643 (1971); Peoples Exp. Co., Inc. v. Director, Div. of Taxation, 10 N.J. Tax 417, 433 (Tax 1989). Such statutory deadlines may not be relaxed. F.M.C. Stores, supra, 100 N.J. at 424-25, 495 A.2d 1313; Black Whale Inc. v. Director, Div. of Ta... | holding that after the then twoyear limitation period for the filing of a refund application had passed the state was entitled to assume that its tax revenues need not be refunded under any circumstance |
Answer the following legal multiple-choice question. | freedom to take advantage of other employment opportunities.” Id. at 578, 92 S.Ct. 2701. Plaintiff argues that a general or dishonorable discharge reflecting lack of fitness for military service triggers such a stigma. The government argues no such stigma has yet occurred. The parties dispute what form of discharge is ... | holding that liberty interests are involved only when separation from the military is carried out in such a fashion as to stigmatize the separated member typically this would be a dishonorable discharge |
Answer the following legal multiple-choice question. | not warrant dismissal of this claim. Sean McGuigan and Ronald Mancuso clearly would have reason to admit to less than what was actually stolen and that the criminal enterprise terminated sooner than it actually did. His assertion that the thefts continued through only September of 2004 would limit his own liability for... | holding that an extraneous document was not incorporated by a brief reference to it in one paragraph of the complaint |
Answer the following legal multiple-choice question. | a perfect example of what the Supreme Court meant in Eddings v. Oklahoma, 455 U.S. 104, 102 S.Ct. 869, 71 L.Ed.2d 1 (1982), when it said that a capital defendant has the right to present at the sentencing phase all evidence about the “circumstances of the offense.” The circumstances of the murder in this case are key. ... | holding that defendants relatively minor participation in the crime is a mitigating factor that sentencer must consider |
Answer the following legal multiple-choice question. | should not benefit from its own tardiness; it should not be allowed “to enlarge” the period for filing its objections. Further, Appellees state that the statutory framework does not permit the State “[to] manipulate the time period within which its own objections could be filed by delaying in filing the award with the ... | holding that under plain statutory language starting point for computing deadline to file objections to commissioners award is actual filing date of the award irrespective of whether the state which filed award for commissioners had failed to timely file award pursuant to section 21048 |
Answer the following legal multiple-choice question. | and M" of section 40-11.5-102(4) "shall be presumed prima facie evidence of an independent contractor relationship between the parties to the lease." Section 40-11.5-102(4) further provides that this presumption may be overcome by clear and convincing evidence of an employment relationship between the parties to the le... | holding that provisions of section 40115102 are applicable to the determination of the status of truck drivers as employees or independent contractors under the workers compensation act and discussing legislative history indicating intent to apply these provisions both to workers compensation and unemployment compensat... |
Answer the following legal multiple-choice question. | support for its conclusion that the firearm prohibition, found in § 5D1.3(d)(l), was a standard condition of a felon’s supervised release because “the specific condition that Defendant not possess a firearm is largely only a clarification of the more general mandatory condition that he not break the law.” Id. at 94. De... | holding that the failure to articulate orally that conditions 5d13d2 and 3 apply to a defendants sentence of supervised release does not create a conflict with the judgment imposing these conditions |
Answer the following legal multiple-choice question. | as an “an unlawful act under subsection (a) of section 1311 of this title.” See 33 U.S.C. § 1365(f)(1). In turn, 33 U.S.C. § 1311(a) provides that “the discharge of any pollutant by any person shall be unlawful.” The term “the discharge of any pollutant” is defined as the “addition of any pollutant to navigable waters ... | holding that wetlands adjacent to navigable waters are included in the term territorial waters |
Answer the following legal multiple-choice question. | denial of his 28 U.S.C. § 2254 petition challenging his “three strikes” sentence for drug possession as cruel and unusual punishment. We have jurisdiction under 28 U.S.C. § 2253. We affirm. Le contends his sentence under California’s “three strikes” law violates the Eighth Amendment’s prohibition against cruel and unus... | holding that state courts affirmance of two consecutive 25yearstolife sentences for petty theft was not contrary to or an unreasonable application of clearly established federal law |
Answer the following legal multiple-choice question. | prejudice. As Plaintiff has not meet the standard for injunctive relief on the presented claims, his claims for injunctive relief are dismissed without prejudice. 2. Americans with Disabilities Act Plaintiff additionally alleges Defendants Marino and Armstrong violated the ADA by failing “to make a reasonable accommoda... | holding there was no individual liability under titles i ii or iii of the ada |
Answer the following legal multiple-choice question. | Plaintiff contends that the presence of the barges upon his land was grounds for a state claim of private nuisance. In New York, a private nuisance is defined as (1) an interference substantial in .nature, (2) intentional in .origin, (3) unreasonable in character, (4) with a person’s property right to use and enjoy lan... | holding that plaintiff could not pursue an action for private nuisance against an adjoining landowner who intentionally placed debris and an uninhabitable trailer in close proximity to main entrance to developers property in order to create an eyesore |
Answer the following legal multiple-choice question. | (11th Cir.1995); Courson v. McMillian, 939 F.2d 1479, 1498 n. 32 (11th Cir. 1991). The relevant inquiry is “fact specific,” Rodgers v. Horsley, 39 F.3d 308, 311 (11th Cir.1994), and a plaintiff must point to a controlling case, decided before the events at issue, that establishes a constitutional violation on “material... | holding that the contours of the right must be sufficiently clear that a reasonable official would understand that what he or she is doing violates that right |
Answer the following legal multiple-choice question. | symbols.” Burkes, 953 F.Supp.2d at 179 (internal quotation marks omitted). But it is undisputed that racist symbol was not part of the action figure display that lies at the heart of Ms. Toomer’s racially hostile work environment claim. Ms. Toomer’s argument otherwise is that there is no “standard” that permits a court... | holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive |
Answer the following legal multiple-choice question. | we must first determine whether the issues presented are ripe for review. The State contends that Trujillo’s arguments regarding pretrial bail lack merit and may also be moot because the record demonstrates that a trial date had been set prior to-this court reaching the merits of Trujillo’s arguments. In his reply brie... | holding a substantial issue remained despite mootness as to whether conditions could be imposed on a defendants release from state hospital when he was scheduled to stand trial |
Answer the following legal multiple-choice question. | ... — property of the debtor, within one year before the date of the filing of the petition.” It is undisputed that within one year before filing this case, Debtor permitted the $70,000 from Roger Berman to be transferred to his live-in partner’s bank account (the “Wang Transfer”). Ling Wang used $60,000 of these funds... | holding that the transfer of property by the debtor to his spouse while insolvent while retaining use and enjoyment of the property is a classic badge of fraud |
Answer the following legal multiple-choice question. | v. Rudzewicz, 471 U.S. 462, 478, 485, 105 S.Ct. 2174, 2185, 2189, 85 L.Ed.2d 528 (1985). The Supreme Court in International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945), delineated the following elements as necessary for a state to acquire jurisdiction over a nonresident defendant: [I]n order ... | holding that personal jurisdiction can be premised on the placement of a product into the stream of commerce |
Answer the following legal multiple-choice question. | this date be used for determining his status on August 22, 1996, appears to be a disguised attempt to have this Court review the denial of Nodarse’s March 29, 1999 application by the Social Security Administration, which found that he was not a Cuban/Haitian entrant at that time or on August 22, 1996, because he had no... | holding that although the requirement of filing a complaint within sixty days is a period of limitations and not jurisdictional it must be strictly construed as it is a condition on which the united states agreed to waive its sovereign immunity |
Answer the following legal multiple-choice question. | unnecessarily, he maintains, because they knew that he was not among the troublemakers. He filed this suit under 42 U.S.C. § 1983 against the corporation (rather than any of the guards), in Wisconsin, a little more than four years later. Although she assumed that Malone’s version of events is correct, the district cour... | holding that privately operated prisons may not be sued under the bivens doctrine |
Answer the following legal multiple-choice question. | 444. Statements such as “ ‘we’re partners’ ” and “ ‘we look forward to growing together,’ ” when made by experienced negotiators in the course of a collective bargaining agreement negotiation, are not clear and unambiguous promises to renew the subject agreement. Marine Transp. Lines, Inc. v. Int’l Org. of Masters, Mat... | holding defendants statement that she would work through the issues raised by plaintiffs about the deal prior to execution of a loan mortgage agreement could not be construed as a clear and unambiguous promise citing media sport arts srl 1997 wl 473968 at 13 |
Answer the following legal multiple-choice question. | habeas petition was untimely, it cannot satisfy the requirement of a “substantial showing of the denial of a constitutional right,” 28 U.S.C. § 2253(c)(2), and we therefore deny the motion for a COA. 1 . We need not consider whether the interval tolled by the section 440.10 proceeding is the entire time from initial fi... | holding only intervals in which proceeding or appeal is actually pending toll aedpa limitations period |
Answer the following legal multiple-choice question. | judge exercised discretion by declining to award the $80 claimed cost of the sneakers as too speculative and uncertain. Although it was error for the trial court to preclude defense counsel from inquiring into Pyle’s possible bias, that error did not have a “substantial and injurious” effect on the issue of the appropr... | holding that because the violation of probation vop hearing was neither a criminal prosecution nor a formal trial the sixth amendment does not apply |
Answer the following legal multiple-choice question. | § 1983 for violating a person’s federal constitutional rights when he or she engages in activities “intimately associated with the judicia 49 (6th Cir.1975)). Prosecutors are a proceedings, a prosecutor may receive only qualified immunity when acting in a capacity that is exclusively investigatory or administrative. Se... | holding that the prosecutors were not entitled to absolute immunity for any delays or inadequacies in their conduct of the investigation after 1983 plaintiff had been convicted but that they were absolutely immune for their posiinvestigation failure to go into court to seek guzmans release |
Answer the following legal multiple-choice question. | look at these instruments other than as pieces of one agreement, structured to disguise a speculative, offshore transaction that posed an unreasonably large risk, and was inappropriate and possibly illegal for a regulated Korean life insurance company to enter into. The special purpose entities and intermediaries that ... | holding that a promisor impliedly pledges that it shall not do anything which will have the effect of destroying or injuring the right of the other party to receive the fruits of the promise |
Answer the following legal multiple-choice question. | 293 S.C. 8, 13-14, 358 S.E.2d 173, 176 (Ct.App.1987). Because both Settlemeyer and McCluney testified no written document existed governing conveyance of the properties between the parties, we only address the issue of part performance. At trial, McCluney denied an oral agreement existed between the parties in which sh... | holding a court must find among other things clear evidence of the existence of an oral agreement for part performance to remove the contract from the statute of frauds |
Answer the following legal multiple-choice question. | employer begins deducting premiums from the employee’s salary for that purpose the employer has a duty to use reasonable efforts to obtain health care coverage for that employee as soon as possible. Furthermore, the employer has a duty to notify the employee if his application for insurance will be treated differently ... | holding the employer breached the duty owed to its employee by erroneously advising the employee he would continue to have coverage for 30 days following his termination of employment under the employers group policy |
Answer the following legal multiple-choice question. | Inc., 863 So.2d 201, 208 (Fla.2003); see also Merkle, 737 So.2d at 542 n. 6 (explaining that after the expiration of a repose period, “the cause of action is extinguished”); Carr v. Broward Cty., 505 So.2d 568, 570 (Fla. 4th DCA 1987) (“At the end of the [repose] period the cause of action ceases to exist.”). Although ... | holding that provision has the characteristics of a statute of repose |
Answer the following legal multiple-choice question. | proceedings ... [under] the Juvenile Court Act of the District of Columbia, not on the right to assistance of counsel under the Sixth Amendment.” Cradle v. Peyton, 208 Va. 243, 245-47, 156 S.E.2d 874, 876-77 (1967). Appellant has cited no controlling legal authority providing that a juvenile defendant has a constitutio... | holding that procedure for juvenile transfer appeal review in circuit court under former code 161269e was jurisdictional and that failure to provide juvenile with statutory review that complied with due process as spelled out in kent required that juveniles convictions be vacated |
Answer the following legal multiple-choice question. | Stair provided false information or failed to provide material exculpatory information to the assistant prosecutor,” the district court ruled that summary judgment in favor of the defendants was proper. Autrey now appeals from that determination. DISCUSSION We review de novo the grant of summary judgment by a district ... | holding that the plaintiff must show that there was a lack of probable cause for the criminal prosecution |
Answer the following legal multiple-choice question. | extend the time for filing the Bank’s expert witness designations; • designated its expert witnesses and provided the Bryce Plaintiffs a report from each; • filed an objection to the Bryce Plaintiffs’ request for a protective order to limit the distribution of information available from the Office of the Comptroller of... | holding litigation process substantially invoked where movant conducted extensive discovery about every aspect of the merits |
Answer the following legal multiple-choice question. | or other misconduct of an adverse party; (4) that the judgment or decree is void; or (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should h... | holding that a statutory time period is not mandatory unless it both expressly requires an agency or public official to act within a particular time period and specifies a consequence for failure to comply with the provisions |
Answer the following legal multiple-choice question. | Offender Act provides that, under certain circumstances, “the court may, without entering a judgment of guilt and with the consent of the defendant: (1) [djefer further proceeding and place the defendant on probation as provided by law; or (2) [sentence the defendant to a term of confinement as provided by law.” OCGA §... | holding that the trial court did not violate the first offender act by imposing a 15year probated sentence which included as a special condition confinement in a detention center for a designated time |
Answer the following legal multiple-choice question. | portion of D-9, and would not submit an amended version, upon the lower court’s request. The defense counsel made this choice without objection. Townsend is therefore proeedurally barred from raising this issue at this point when he did not do so at trial or in his motion for new trial. Davis v. State, 660 So.2d 1228 (... | holding when drugs are found on premises exclusive control provides significant proof of constructive possession |
Answer the following legal multiple-choice question. | of this new judge-made rule suggests a return to the former hostility of judges to contracts to arbitrate as attempts to oust courts of their jurisdiction. 5. Engaged in settlement negotiations for years without raising the arbitration clause Finally, the majority argue that arbitration may be waived simply by taking p... | holding settlements are highly favored and will be enforced whenever possible |
Answer the following legal multiple-choice question. | respect to this deadline. See Head v. United States, 626 A.2d 1382, 1384 n. 3 (D.C.1993) (citing Pettaway v. United States, 390 A.2d 981, 984 (D.C.1978)). Third, the court of appeals’ method for addressing motions to recall the mandate includes an initial step in which motions deemed lacking in merit are denied with ou... | holding that where state procedural rule was mandatory and unwaivable and where government filed motion to dismiss habeas petition based solely on noncompliance with this procedural rule which state court granted without explanation decision appeared to rest primarily on state law |
Answer the following legal multiple-choice question. | showing only that he responded to further police-initiated custodial interrogation even if he has been advised of his rights_[Rather,] an accused, ... having expressed his desire to deal with the police only through counsel, is not subject to further interrogation by the authorities until counsel has been made availabl... | holding that any confession obtained by interrogation reinitiated by police in the absence of counsel is inadmissible unless the defendant reinitiates discussion with police and then confesses |
Answer the following legal multiple-choice question. | have no basis for suspecting a particular individual, they may generally ask questions of that individual, ask to examine the individual’s identification, and request consent to search his or her luggage-as long as the police do not convey a message that compliance with their requests is required.” Florida v. Bostick, ... | holding threat to obtain a search warrant if individual does not consent to a search is just one factor in deciding whether the totality of the circumstances supports a voluntary consent finding |
Answer the following legal multiple-choice question. | of a patient’s counseling sessions outweighs that patient’s privacy interests.” Id., at 1357. Balancing those conflicting interests, the court observed, on the one hand, that the evidentiary need for the contents of the confidential conversations was diminished in this case because there were numerous eyewitnesses to t... | recognizing privilege |
Answer the following legal multiple-choice question. | changes in [his] version of events might be forthcoming.” Id., 357 Ill.Dec. 18, 962 N.E.2d at 933. The court additionally took issue with the trial court’s restrictions on counsel during the cross-examination, noting that the trial court had sustained objections to defense counsel’s cross-examination that inhibited his... | holding preliminary hearings in colorado do not provide adequate opportunity for crossexamination |
Answer the following legal multiple-choice question. | of Adam's minority. As to Monica, the requirement runs until the end of the alimony term or until she obtains health insurance through employment. 3 . Monica regularly receives the child support and alimony payments required of Russell by the divorce decree. 4 . See Schedule J, dated April 4, 1996. I note that Russell’... | recognizing that a divorce decree obligation to hold an exspouse harmless from a debt creates an obligation between the debtor and the exspouse separate from any obligation the debtor may owe to the creditor |
Answer the following legal multiple-choice question. | that granting relief in its case will not have been a “futile gesture.” Boyd v. Bulala, 905 F.2d 764, 769 (4th Cir.1990). Essentially, the law “requires a proffer of evidence which would permit a finding for the [moving] party or which would establish a valid counterclaim.” Augusta Fiberglass Coatings, Inc. v. Fodor Co... | holding that although the movant need not establish an ironclad claim or defense which will guarantee success at trial it must at least establish that it possesses a potentially meritorious claim or defense which if proven will bring success in its wake |
Answer the following legal multiple-choice question. | Family Health did so, and it repeatedly certified to the government, as it was contractually obligated to do, that it had not. As discussed above, Relators have described specific incidences of the well pled “cherry picking” scheme. Therefore, their inability to provide the certifications’ dates, identification numbers... | holding that the plaintiffs failed to meet rule 9bs particularity requirement where they did not present any evidence at an individualized transactional level |
Answer the following legal multiple-choice question. | our prior qualified-immunity cases have not imposed the requirement. However, we find that the lack of such a specification impairs our ability to carry out our responsibilities e some basis for distinguishing between well-reasoned conclusions arrived at after a comprehensive consideration of all relevant factors, and ... | holding that it was error for the district court to overrule appellants motion for summary judgment without reference to the qualified immunity defense |
Answer the following legal multiple-choice question. | also argues that the Magnuson-Moss Act does not apply to its written warranty because, it says, a mobile, or manufactured, home is not a "consumer good” for purposes of the FAA, 15 U.S.C. § 2301(1), and that the Magnuson-Moss Act does not preclude enforcement under the FAA of a binding arbitration agreement contained i... | holding that the trial courts rule 54b ala r civ p certification of its partial summary judgment on a single claim leaving open the amount of damages was erroneous therefore the appeal was dismissed for lack of jurisdiction because there was no final judgment |
Answer the following legal multiple-choice question. | permitted the Village of Shiocton to enact a floodplain ordinance. with basements below the regional flood level after the Village received a FEMA exception in 1998. The Village of Shiocton is one-half mile south of the Warnings' home. ¶ 117. Thousands of buildings across the state were built in floodfringe areas befor... | holding that an act of the legislature limiting the height of buildings was not applicable where substantial rights of a party had vested before the act was enacted |
Answer the following legal multiple-choice question. | for factual findings in such cases is “somewhat unclear,” United States v. Grenier, 513 F.3d 632, 635-36 (6th Cir.2008) (collecting cases), but that does not matter here since Sanford does not challenge any of the district court’s factual findings. The parties do not dispute that Sanford’s domestic assault convictions ... | holding that battery under wyoming law did not necessarily qualify as a misdemeanor crime of domestic violence |
Answer the following legal multiple-choice question. | will be denied. The hiring evidence is admissible, and Plaintiff presents circumstantial evidence of gender discrimination in the difference between his salary and Gervasoni’s salary in 2000-1. . To rebut Plaintiffs prima facie case, Defendant asserts a gender-neutral justification for Gervasoni’s salary. Defendant ass... | holding that title vii incorporates statutory epa defenses |
Answer the following legal multiple-choice question. | one of two possible definitions: (A) [an offense that] has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course o... | holding that the categorical approach applies to 924c |
Answer the following legal multiple-choice question. | himself of training and educational opportunities offered by the Bureau of Prisons, see 18 U.S.C. § 3553(a)(2)(D) (directing the sentencing court to consider the need for the defendant’s sentence to provide educational and training opportunities)—was hardly compelling, particularly when juxtaposed with the district cou... | holding that even if the district court erred by not adequately explaining its reasons for rejecting boulwares argument for a belowguidelines sentence we are quite confident that the district court undertook that analysis and considered boulwares argument |
Answer the following legal multiple-choice question. | while the federal habeas corpus petition was pending, Petitioner filed a second PCRA petition, raising a single claim based on Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), which held that execution of mentally retarded criminals violates the Eighth Amendment’s prohibition against cruel and ... | holding that the pendency of a petitioners federal habeas corpus petition does not divest a trial court of jurisdiction to address a pcra petition |
Answer the following legal multiple-choice question. | 1 Farnsworth, supra note 19, § 4.28, at 585. 27 Deminsky, 259 Wis. 2d 587, ¶ 27; Discount Fabric House, 117 Wis. 2d at 602 (quoting Johnson v. Mobil Oil Corp., 415 F. Supp. 264, 268 (E.D. Mich. 1976)); Leasefirst, 168 Wis. 2d at 89-90. As Professor Arthur Allen Leff described it, procedural unconscionability refers to ... | holding in the context of a forumselection provision that the balancing of procedural and substantive unconscionability requires courts to consider each questionable forumselection clause on a casebycase basis and precludes the development of a brightline rule |
Answer the following legal multiple-choice question. | or during the Daubert hearing, that Mr. Lindsey failed to test his theory. Additionally, Defendant never cross-examined Mr. Lindsey regarding whether he tested his theories. Instead, Defendant argued Mr. Lindsey’s testimony was unreliable because he failed to rule out all other possible ignition sources, because the fi... | holding litigant preserves an issue on appeal where substance of the objection has been thoroughly explored during the hearing on the motion in limine |
Answer the following legal multiple-choice question. | case has considered the precise issue posed by this case, courts in other states have recognized that liability may be imposed in the absence of a doctor-patient relationship. In Green, 910 F.2d at 296, for example, the Fifth Circuit found, between an employee and the doctor conducting an annual physical, a limited doc... | holding as a matter of maryland law that employerretained radiologists who observed abnormalities owed a duty of care and breached it by failing to notify the examinee |
Answer the following legal multiple-choice question. | action under subsection (d) of this section or section 311(b) of this title or section 1365 of this title [33 U.S.C. § 1321(b) or 1365]. 33 U.S.C. § 1319(g)(6)(A). Under this provision of the Act, private citizens are precluded from bringing a particular civil penalty action when the EPA is diligently prosecuting an ad... | holding state action comparable even though it did not seek monetary sanction |
Answer the following legal multiple-choice question. | 455, 535 S.E.2d 438, 442 (2000). Because these issues have not been properly considered by the Commission, the Commission having included admittedly excluded evidence on one and having failed to make any findings whatsoever on the other, the circuit court was correct in remanding the matters to the Commission. See Bald... | holding remand proper on circuit courts own motion in a workers compensation case where the commission failed to make essential findings of fact because to hold otherwise would in such cases make the determination of the rights of the parties turn upon the neglect of the commission to make essential findings of fact or... |
Answer the following legal multiple-choice question. | applies simply because a reviewing court concludes that, even in the absence of any formal arrest or restraint on freedom of movement, the questioning took place in a “coercive environment.” Any interview of one suspected of a crime by a police officer will have coercive aspects to it, simply by virtue of the fact that... | holding a defendant was not in custody for purposes of miranda after he consented to go to police headquarters |
Answer the following legal multiple-choice question. | that the acquisition of a new claim of homestead defeats and discharges a previously-filed claim of homestead. The court agreed with Citizens, holding that the plain language of § 2 meant that Garran’s § 1A declaration and corresponding homestead exemption was defeated and discharged by his wife’s subsequent § 1 declar... | recognizing that a declaration filed under subsection 1 protects even the nonfiling debtor |
Answer the following legal multiple-choice question. | in favor of their client. NY CLS Jud § 475. The charging lien of an attorney under § 475 comes into being at the commencement of an action or proceeding. In re Brooklyn Bridge Southwest Urban Renewal Project, 31 A.D.2d 895, 297 N.Y.S.2d 835 (1st Dept. 1969). A charging lien is based upon an equitable doctrine that an a... | holding that if an attorney is discharged without cause he is entitled to a charging lien for the reasonable value of his services rendered prior to the date of the substitution of counsel where 1 his representation was entirely competent and successful up until his discharge 2 any potential conflict of interest was di... |
Answer the following legal multiple-choice question. | USA, Inc., 564 F.3d 1256, 1274-75 (11th Cir. 2009) (stating that “common questions will rarely, if ever, predominate [in] an unjust enrichment claim, the resolution of which turns on individualized facts” and concluding there was a commonality problem because employees who understood the commission policy “cannot claim... | holding that common issues of fact did not predominate because it was necessary to make an individualized inquiry into equitable circumstances |
Answer the following legal multiple-choice question. | Pinson seeks is freely available to the public as she implies, “there would be no reason to invoke the FOIA to obtain access to the information.” Id. The Court thus proceeds to balance the private interest in privacy and the public interest in disclosure. Upon consideration of Pinson’s articulated public interest and i... | holding that even if a particular privacy interest is minor nondisclosure remains justified where the public interest in disclosure is virtually nonexistent |
Answer the following legal multiple-choice question. | other hand, this assertion, without more, does not sufficiently allege that Siemens Austria is financially dependent on its parent, ie., that Siemens Austria cannot run its businesses without the financial backing of its parent. Plaintiffs fail to allege any facts to support the third factor, the “degree to which the p... | holding that plaintiffs conclusory allegations were insufficient to make out prima facie case for mere department status of foreign corporation defendant |
Answer the following legal multiple-choice question. | of employment are actionable under § 1981. Id. Similarly, other courts that have interpreted § 1981(b) overwhelmingly indicate that retaliation claims are actionable under § 1981. See, e.g., Steverson v. Goldstein, 24 F.3d 666, 670 (5th Cir.1994), cert. denied, - U.S. -, 115 S.Ct. 731, 130 L.Ed.2d 634 (1995) (affirming... | holding that plaintiffs claim of reduction in work hours in retaliation for her filing of eeoc charge states a cause of action under 1981 |
Answer the following legal multiple-choice question. | 1964) (<HOLDING>); see also Hornblower v. Cobb, 932 So.2d 402
Options:
A. holding that a right to be released when a joint tortfeasor has been released is a vested right
B. holding that the workers compensation act is to be liberally construed in the employees favor and any doubt in its construction is thus resolved i... | holding that when a constitutional right is vested in a party and there is a doubt as to whether that right has been waived the doubt should be resolved in the defendants favor |
Answer the following legal multiple-choice question. | (Id. at 32). He has no affiliations with professional organizations dealing with' GPS systems. (Id. at 34). Prior to this case, he has never served or been asked to serve as an expert in the field. (Id.) Accordingly, we find that Williams does not have the specialized knowledge required of an expert witness. B. Does th... | holding that the trial court properly allowed lay witness testimony concerning the operation of a gps device including authentication of the gpss data |
Answer the following legal multiple-choice question. | that the district court committed reversible error by defining “knowingly” in Instruction No. 10. We generally review challenges to jury instructions for abuse of discretion, United States v. Rush-Richardson, 574 F.3d 906, 910 (8th Cir.2009), but our review is for plain error where, as here, the defendant failed to obj... | holding that attempted sexual abuse is a specific intent crime |
Answer the following legal multiple-choice question. | on the part of the lessee to do this can only be an implied one, in which instance said lessee has a reasonable time, after completion of the well, to comply with such covenant. Id. at 1012 (quoting McVicker v. Horn, Robinson and Nathan, 322 P.2d 410, 411 (Okla.1958)). Gazin held that, although the lessors would normal... | recognizing implied duty to market |
Answer the following legal multiple-choice question. | between medical judgment and the standard of care, our courts have often struggled in determining whether the facts of a particular case call for the application of the judgment charge. We have generally limited the application of the judgment charge to medical malpractice actions concerning misdiagnosis or the selecti... | holding that court did not err by refusing to charge jury with exercise of judgment instruction where issue was whether nurse had duty to constantly monitor patient because case did not involve selection between one of two courses of treatment or two schools of thought |
Answer the following legal multiple-choice question. | if fact’s existence was “more likely than not”). That finding was supported here by evidence of Hilson’s history of drug trafficking and his possession of the money at a time when he was known to be selling crack, as evidenced by his three recent sales to the confidential informant. It was further supported by evidence... | holding that where seized currency appears by a preponderance of the evidence to be the proceeds of narcotics trafficking a district court may consider the market price for the drugs in which the defendant trafficked in determining the drug quantity represented by that currency |
Answer the following legal multiple-choice question. | CURIAM In this appeal from a decision of the Oregon Tax Court, Gary Allan Clark (taxpayer) challenges both the Tax Court’s conclusion that he is liable for 1996 personal income taxes based on wages that he earned in that tax year and the Tax Court’s assessment of damages against him for pursuing a frivolous appeal. See... | holding that wages are subject to oregons personal income tax and that a taxpayers argument to the contrary was frivolous |
Answer the following legal multiple-choice question. | sets the limits placed on the compensation of chapter 7 and chapter 11 trustees, is based on “moneys disbursed.” 11 U.S.C. § 326(a). The use of the term “moneys” in § 326(a) circumscribes the word “disbursed” and suggests that disbursement means something more than monies. See, e.g., In re Lan Assocs. XI, L.P., 192 F.3... | holding that disbursements for purposes of calculating the quarterly fee included payments made by third parties on the debtors behalf |
Answer the following legal multiple-choice question. | v. Brown, 7 Vet.App. 476, 481 (1995). Although § 7722 does, by its terms, require VA to inform veterans of “all benefits and services to which they may be entitled” and to assist veterans “to the maximum extent possible ... in the preparation and presentation of claims,” the extent of such a duty will depend on the fac... | holding that evidence that va sent appellant an election card when combined with presumption of regularity accorded to the official acts of public officers including mailings was enough to discharge any 7722 duty assuming there was one |
Answer the following legal multiple-choice question. | v. United States, 599 A.2d 1094, 1102 (D.C.1991)). Accordingly, the judgment on appeal herein with respect to R. J. is affirmed, and the judgment with respect to B.J. is reversed. So ordered. 1 . There is no petition for K.J.'s adoption involved in this case. 2 . There is also sufficient evidence to hold that the mothe... | holding an incarcerated fathers actions satisfied the standard for neglect who initially made arrangements for his children to receive adequate care but failed to provide sufficient legal protection so that the childrens drugaddicted mother could not take custody over them |
Answer the following legal multiple-choice question. | Jiang Yu, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed... | holding that history of dishonesty can support an adverse credibility finding |
Answer the following legal multiple-choice question. | has also presented evidence that creates a reasonable inference that age discrimination was the determinative factor in her termination. The district court found that the firing of older employees during the reorganization period of September 1994 to October 1995 was not sufficient to create an inference of impermissib... | holding that infer ence cannot be based on timing alone but must take into account other evidence |
Answer the following legal multiple-choice question. | to make substantive exclusions in the hospital’s interest. E.g., Peterson, 559 P.2d at 191(allowing exclusions based on rules that “comport[ ] with the legitimate goals of the hospital and the rights of the individual and the public”). Moreover, Arizona explicitly gives all hospitals the right to refuse to allow aborti... | holding that laws with the purpose of placing an obstacle in the path of a woman seeking an abortion are invalid |
Answer the following legal multiple-choice question. | after surveying California court decisions, that “courts generally presume that the fourth element of the applicable test has been established if there is sufficient evidence to prove the first three elements.” Del Amo v. Baccash, No. CV 07-663-PSG, 2008 WL 4414514, at *6 (C.D.Cal. Sept. 16, 2008) (presuming that injur... | holding that actor who was featured on the cover of an adult magazine without his consent could assert injury because the measure of damages available for misappropriation claims includes the economic value of the use of an individuals name and likeness and sjection 3344 specifically provides that a plaintiff may recov... |
Answer the following legal multiple-choice question. | of the saliva swabs and DNA evidence, which the trial court similarly overruled. After completion of the trial — which began and concluded on October 15, 2003 — the jury convicted Wyche as to all three counts of the information. On November 12, 2003, the trial court imposed a ten-year sentence as to Counts I and III, c... | holding without qualification that djeception does not negate consent |
Answer the following legal multiple-choice question. | A recent Eighth Circuit decision applying Hodari confirms this interpretation. In Cole v. Bone, 993 F.2d 1328 (8th Cir.1993), the Eighth Circuit applied Hodari to determine when a “seizure” occurs for purposes of a Fourth Amendment excessive force claim. David Cole, driving an 18-wheel tractor-trailer truck eastbound o... | holding that a fleeing suspect in a car was seized only when an officer actually shot him not when several officers previously shot his vehicles tires in an effort to stop him |
Answer the following legal multiple-choice question. | Size shall be 38 mm thick by 400 mm in height by 1 meter in length, unless othenoise indicated [,]” while paragraph 2.2.2 provides that: “Precast concrete units shall have a compressive strength of no less than 17 MPa, reinforced with 150 mm by 150 mm by W1.4 WWF wire mesh, and 300 mm (height) by 1 m (length) by 40 mm ... | holding that unless otherwise specified language in the contracts specifications referred to the drawings and served to modify the specifications direction to only apply paint so that the instructions would also include applying a liquid glaze coating on some of the walls in accordance with the drawings |
Answer the following legal multiple-choice question. | eventually be dismissed if they fail to conform to Federal Rule of Civil Procedure 8 after the court gives the plaintiffs an opportunity to amend. See id. 2 . The plaintiffs typed the heading "Motion for a TRO” on their pleading but crossed it out before filing the document and indicated that they would file a separate... | holding that a court may issue injunctive relief only when the movant demonstrates four factors substantial likelihood of success on the merits irreparable harm no substantial injury to the other party and furtherance of the public interest |
Answer the following legal multiple-choice question. | three counts of first-degree CSC with a minor, in violation of South Carolina Code section 16-3-655. Another statute, section 16-3-657, provides that “[t]he testimony of the victim need not be corroborated in prosecutions under §§ 16-3-652 through 16-3-658.” The circuit court charged the jury the above quoted language ... | holding that although evidence of a defendants flight is admissible as circumstantial evidence of guilt it is improper for the trial judge to instruct the jury on the law of flight because such an instruction oftentimes has the potential for creating more problems than solutions as it places undue emphasis upon that pa... |
Answer the following legal multiple-choice question. | or interests.” Johnson v. Lodge # 93 of the Fraternal Order of Police, 393 F.3d 1096, 1107 (10th Cir.2004)(citing United States v. City of Hialeah, 140 F.3d 968, 975 (11th Cir.1998)). The NMCGA has not demonstrated that the Proposed Settlement Agreement imposes any legal obligations on it or adversely affects its legal... | recognizing that the usfs has the authority to cancel suspend or modify a grazing permit or lease in whole or in part pursuant to the terms and conditions thereof |
Answer the following legal multiple-choice question. | that foster parents have standing under federal law to raise foster child’s rights). We should join the growing number of our sister jurisdictions who have conferred standing to be heard to foster parents in proceedings related to children that have been in their care. Some states, such as Delaware, Nebraska, South Car... | holding that foster parents have standing to intervene to seek termination of parental rights |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.