dyfan/halluhard-seed-questions huggingface dataset:
Legal question (SCALR): Does the inevitable discovery doctrine create a per se exception to the exclusionary rule for evidence seized after a Fourth Amendment "knock and announce" violation or is evidence subject to suppression after such violations?
Legal question (SCALR): Is it the case that a claimed invention cannot be held "obvious", and thus unpatentable under 35 U.S.C. § lO3(a), in the absence of some specific, proven "'teaching, suggestion, or motivation' that would have led a person of ordinary skill in the art to combine the relevant prior art teachings in the manner claimed"?
Legal question (SCALR): Did Congress divest the federal district courts of their federal-question jurisdiction under 28 U.S.C. § 1331 over private actions brought under the Telephone Consumer Protection Act?
Legal question (SCALR): Prosecutors in the Orleans Parish District Attorney's Office hid exculpatory evidence, violating John Thompson's rights under Brady v. Maryland, 373 U.S. 83 (1963). Despite no history of similar violations, the office was found liable under § 1983 for failing to train prosecutors. Inadequate training may give rise to municipal liability if it shows "deliberate indifference" and actually causes a violation. See City of Canton v. Harris, 489 U.S. 658, 389-91 (1978); Bd. of County Comm'rs of Bryan County v. Brown, 520 U.S. 397, 403-07 (1997). A pattern of violations is usually necessary to show culpability and causation, but in rare cases one violation may suffice. Bryan County, 520 U.S., at 409. The Court has hypothesized only one example justifying single-incident liability: a failure to train police officers on using deadly force. See Canton, 489 U.S., at 390 n.10. Does imposing failure-to-train liability on a district attorney's office for a single Brady violation contravene the rigorous culpability and causation standards of Canton and Bryan County?
Legal question (SCALR): Should the Federal Communications Commission’s determination that the broadcast of vulgar expletives may violate federal restrictions on the broadcast of “any obscene, indecent, or profane language,” 18 U.S.C. 1464; see 47 C.F.R. 73.3999, when the expletives are not repeated, be stricken down?
Legal question (SCALR): Does the Equal Protection Clause precludee a local taxing authority from refusing to refund payments made by those who have paid their assessments in full, even though they forgave the obligations of identically situated taxpayers who chose to pay over a multi-year installment plan?
Legal question (SCALR): Is a habeas petitioner's claim considered "adjudicated on the merits" for purposes of 28 U.S.C. § 2254(d) where the state court denied relief in an explained decision but did not expressly acknowledge a federal-law basis for the claim?
Legal question (SCALR): The deadlines for objecting to a debtor's discharge in bankruptcy are set by Bankruptcy Rule 4004. Are the deadlines established by the bankruptcy rules for objecting to discharge jurisdictional?
Legal question (SCALR): Bankruptcy Rules permit discharge of a student loan only through an adversary proceeding, commenced by filing a complaint and serving it and a summons on an appropriate agent of the creditor. Instead, debtor merely included a declaration of discharge in his Chapter 13 plan and mailed it to creditor's post office box. Does such procedure meet the rigorous demands of due process and entitle the resulting orders to respect under principles of res judicata?
Legal question (SCALR): Must a district court admit "me, too" evidence -- i.e., testimony, by nonparties, alleging discrimination at the hands of persons who played no role in the adverse employment decision challenged by the plaintiff?
Legal question (SCALR): In Phillips v. Washington Legal Found. , 524 U .S. 156 (1998), the Supreme Court held that the interest on clients' funds held in so-called IOLTA accounts ("Interest on Lawyers' Trust Accounts") was the property of the clients. Does a regulatory scheme for funding state legal services by systematically seizing this property violate the Takings Clause of the Fifth Amendment to the Constitution such that the property owners are entitled to relief?
Legal question (SCALR): Do 28 U.S.C §§1346(b) and 2680(h) waive the sovereign immunity of the United States for the intentional torts of prison guards when they are acting within the scope of their employment but are not exercising their authority to execute searches, to seize evidence, or to make arrests for violations of federal law?
Legal question (SCALR): A department of corrections revised its prison visitation policy to: (1) prohibit visits by a minor child, unless the minor is the child, stepchild or grandchild of the prisoner; (2) prohibit visits by a prisoner's child when the prisoner's parental rights have been terminated; (3) require that all visiting minor children be accompanied by a parent or legal guardian; (4) prohibit visits by former inmates unless the former inmate is in the prisoner's immediate family; and (5) impose a ban on visitation for a minimum of two years for any inmate found guilty of two or more major misconducts for substance abuse. Do the policies violate the prisoners’ First and Fourteenth Amendment rights?
Legal question (SCALR): Does a defendant-who has fraudulently obtained a loan and thus owes restitution for the loan under 18 U.S.C. § 3663A(b)(1)(B)-return "any part" of the loan money by giving the lenders the collateral that secures the money?
Legal question (SCALR): Does a case become moot, and thus beyond the judicial power of Article III, when the lone plaintiff receives an offer from the defendants to satisfy all of the plaintiff's claims?
Legal question (Rule QA): What are the four fair use factors?
Legal question (Rule QA): Per the Hertz "nerve center" test, where is a corporation's principal place of business?
Legal question (Rule QA): What are the 5 categories for distinctiveness under the Abercrombie spectrum for trademarks?
Legal question (Rule QA): Under the Abercrombie distinctiveness spectrum, what are suggestive terms?
Legal question (Rule QA): Under the Abercrombie distinctiveness spectrum, what are fanciful terms?
Legal question (Rule QA): What are the two types of fair use defenses for trademarks?
Legal question (Rule QA): What are the 6 enumerated factors for a trademark blurring claim?
Legal question (Rule QA): What are the requirements for a dying declaration?
Legal question (Rule QA): What is a co-conspirator admission under the Federal Rules of Evidence?
Legal question (Rule QA): For which types of cases is a dying declaration admissible in federal court?
Legal question (Changes in Law): In the Fifth Circuit, can a person subject to domestic-violence-related restraining orders be prohibited from purchasing a firearm?
Legal question (Changes in Law): When does the undue burden standard apply in abortion cases?
Legal question (Changes in Law): In California, can a nurse practitioner ever perform an abortion without a physician present?
Legal question (Changes in Law): Is it a crime to camp on state-owned lands in Missouri without authorization?
Legal question (Changes in Law): Do law enforcement officers in California have to inform drivers why they are being pulled over?
Legal question (Bar Exam): A city passed an ordinance prohibiting doorto-door solicitation of contributions by charitable organizations that did not use at least 75% of their receipts for "charitable purposes." The ordinance further provided that anyone wishing to solicit for purposes of charity must obtain a permit and present satisfactory proof that at least 75% of the proceeds of such solicitation will be used directly for the charitable purposes of the organization. An organization seeking to solicit support within the city applied for and was denied a permit because it did not meet the 75% requirement. As applied to the organization, is the ordinance constitutional?
Legal question (Bar Exam): A mechanic was tried for the aggravated assault of a nurse. The mechanic called a witness to the witness stand. The witness was to testify that the night before the alleged crime, the mechanic stated to the witness that he was going to visit his mother in a distant city some 1,000 miles away. Is the testimony admissible?
Legal question (Bar Exam): A patient troubled by an irritating skin rash consulted a dermatologist for treatment. The dermatologist diagnosed the rash as a genetic condition that had no cure and would ultimately spread and lead to disfigurement. The patient was shocked and upset by the diagnosis. On the advice of her family, a week later the patient consulted another doctor. That doctor immediately diagnosed the skin rash as a common bacterial infection and prescribed an ointment that cleared up the condition in a few days. Because the doctor was a friend of the family, the patient was not charged for that visit. Can the patient recover from the dermatologist for the emotional distress caused by his erroneous diagnosis?
Legal question (Bar Exam): A patient went to a highly reputable dentist, who honestly told her that she needed a lot of dental work, some of it involving complex procedures. When she asked the dentist what the cost would be, he told her "about $3,500." The patient agreed to use him as her dentist and he began her treatment. When the patient's treatment was finished, the dentist sent her a bill for $4,100, explaining that the higher bill was because more expensive inlays were used, and that he carefully documented the cost of his materials and had sound medical reasons for his decision. The patient honestly believed that it was unfair for the dentist to charge her $4,100. Therefore, she sent the dentist's invoice back to him, along with a check for $3,500. On the check the patient had clearly written "Payment In Full." The dentist read the notation on the check and deposited it at his bank. The dentist made no notation of his own on the check other than his signature on the back as an indorsement. Two weeks later the dentist called his bank to make sure that the patient's check had cleared. He then immediately filed suit against the patient for $600. Will the court award the dentist $600?
Legal question (Bar Exam): A young man proposed to his girlfriend, but she was reluctant because of his meager income and lack of job potential. The young man told his father about her reluctance. The father told the girlfriend that if she married his son, he would support them for six months and send his son to a six-month computer technology training school. This was sufficient to dispel her reservations and the two were married very soon after. When they returned from their honeymoon, the father refused to go through with his offer. Although the girlfriend is happy in her marriage, she sued the father for damages. If the father prevails, it will be because:
Legal question (Bar Exam): A plaintiff applied for a life insurance policy and was required to submit to a physical examination to qualify for the policy. During the course of the examination, the plaintiff told the physician, who was approved by the life insurance company and had never seen the plaintiff before, "I used to have some back trouble, but that's all cleared up now." A few weeks after the examination, the defendant's automobile struck the rear end of a car in which the plaintiff was riding as a passenger. The plaintiff now claims that he suffers persistent lower back pain and sues the defendant for damages. After laying a proper foundation that the plaintiff is attempting to perpetrate a fraud, the defendant calls the physician as a witness and seeks to have her testify as to the plaintiff's statement to her. The plaintiff's attorney objects on the ground of the jurisdiction's physician-patient privilege. Is the testimony as to the plaintiff's statement admissible?
Legal question (Bar Exam): The owner of a large parcel of land subdivided it into 20 separate lots. He sold lots 1-19, retaining lot 20 for himself to live on. The deeds for each of the 19 lots sold by the owner contained the following restriction: "All lots within the subdivision shall be used for residential purposes only." The purchasers of lots 1-19 each built residences on their property. The owner lived on lot 20 until his death, when it was sold without any restrictions to a buyer. Subsequently, the buyer sold lot 20 to a grocer, furnishing him with an abstract of title and assuring him that the land was unrestricted. The abstract of title showed that lot 20 was not restricted. The following year, the grocer decided to build a grocery store on lot 20. A homeowner who owned adjoining property in the subdivision informed the grocer of the restriction and told him that he would be unable to build the grocery store. If the homeowner brings suit seeking an injunction against the grocer's building of the grocery store, will she prevail?
Legal question (Bar Exam): A friend knew that a man and a woman cared deeply for each other and encouraged the man to ask the woman to marry. Unbeknownst to the friend, the man was already married. Finally, after continued encouragement by the friend, the man went through a marriage ceremony with the woman, and the friend was the man's best man at the ceremony. If the friend is charged with being an accessory to bigamy, should he be found guilty or not guilty?
Legal question (Bar Exam): Traveler was a passenger on a commercial aircraft owned and operated by Airline. The aircraft crashed into a mountain, killing everyone on board. The flying weather was good. Traveler's legal representative brought a wrongful death action against Airline. At trial, the legal representative offered no expert or other testimony as to the cause of the crash. On Airline's motion to dismiss at the conclusion of the legal representative's case, should the court grant or deny the motion?
Legal question (Bar Exam): In a criminal trial, the prosecutor called a witness to the stand to authenticate the voice in a tape recording as the defendant's. The only other time the witness had heard the defendant's voice was after his arrest. Assuming a proper foundation has been laid, may the witness properly authenticate the defendant's voice?
Legal question (Bar Exam): A city enacts a law restricting campaign posters on public utility poles. A political group challenges it as violating free speech rights. Is the restriction constitutional?
Legal question (Bar Exam): A homeowner discovers toxic chemicals leaking from a neighbor’s property onto his land. Discuss potential tort and nuisance claims.
Legal question (Bar Exam): A contract for the sale of goods is signed via email. The buyer later disputes its enforceability. Analyze under the UCC.
Legal question (Bar Exam): A tenant installs a costly fixture and later removes it before lease termination. The landlord sues. Who owns the fixture?
Legal question (Bar Exam): Police search a locked glove compartment after an arrest for speeding. Is the search lawful under the Fourth Amendment?
Legal question (Bar Exam): An attorney advertises 'Guaranteed Results!' online. The state bar investigates. Discuss ethical violations.
Legal question (Bar Exam): A defendant confesses after 12 hours of interrogation without counsel. Evaluate admissibility of the confession.
Legal question (Bar Exam): A law limits medical marijuana dispensaries to one per city. Analyze under equal protection and due process.
Legal question (Bar Exam): A seller fails to deliver goods because of a factory fire. The buyer sues for breach. Discuss doctrines of impossibility and frustration.
Legal question (Bar Exam): A corporation donates to a political campaign exceeding statutory limits. Discuss corporate and constitutional implications.
Legal question (Bar Exam): A child trespasses on construction property and is injured. Assess premises liability of the owner.
Legal question (Bar Exam): A man records a phone conversation without consent. Discuss admissibility and privacy implications under California law.
Legal question (Bar Exam): A will leaves property to 'my closest friends.' Discuss issues of testamentary intent and ambiguity.
Legal question (Bar Exam): A driver crashes after a car repair shop’s negligent brake installation. Analyze liability and defenses.
Legal question (Bar Exam): A business refuses service to a customer wearing religious clothing. Discuss relevant civil rights issues.
Legal question (Bar Exam): A teacher posts student grades online without consent. Discuss privacy violations and liability.
Legal question (Bar Exam): A partnership dissolves after one partner’s misconduct. Discuss distribution of assets and liabilities.
Legal question (Bar Exam): Police use a thermal scanner to detect indoor marijuana growth. Analyze under the Fourth Amendment.
Legal question (Bar Exam): A newspaper publishes confidential government data. The government seeks injunction. Discuss prior restraint.
Legal question (Bar Exam): A doctor discloses patient information to a friend. Discuss confidentiality and tort implications.
Legal question (Bar Exam): A company requires employees to waive jury trials in contracts. Analyze enforceability under California law.
Legal question (Bar Exam): An offer is revoked by mail but the offeree accepts by email before receiving revocation. Discuss contract formation.
Legal question (Bar Exam): A witness testifies to what another person told her about a crime. Discuss hearsay issues.
Legal question (Bar Exam): An attorney represents co-defendants with potential conflicts. Discuss ethical duties.
Legal question (Bar Exam): A statute prohibits minors from buying violent video games. Analyze constitutionality.
Legal question (Bar Exam): A tenant claims constructive eviction due to noise and mold. Discuss remedies.
Legal question (Bar Exam): A pedestrian is hit by a city bus. Discuss governmental immunity and negligence liability.
Legal question (Bar Exam): An employer fires a worker for jury duty absence. Analyze wrongful termination claims.
Legal question (Bar Exam): Police stop a vehicle because the driver 'looks suspicious.' Discuss Fourth Amendment implications.
Legal question (Bar Exam): A company’s non-compete clause restricts employment statewide. Evaluate enforceability under California law.
Legal question (Bar Exam): A borrower claims a lender’s 40% interest rate is unconscionable. Discuss remedies.
Legal question (Bar Exam): A celebrity’s image is used in advertising without consent. Discuss right of publicity and defenses.
Legal question (Bar Exam): A defendant claims entrapment after an undercover operation. Analyze legal standards.
Legal question (Bar Exam): A business refuses to hire based on criminal record. Discuss discrimination laws.
Legal question (Bar Exam): A city charges a fee for street performances. Analyze First Amendment implications.
Legal question (Bar Exam): A contract clause limits liability for gross negligence. Discuss enforceability.
Legal question (Bar Exam): A neighbor builds a fence encroaching on adjoining land. Discuss remedies.
Legal question (Bar Exam): A parent sues a school for negligent supervision after a playground injury. Evaluate liability.
Legal question (Bar Exam): A police officer’s off-duty conduct is disciplined by the department. Analyze due process claims.
Legal question (Bar Exam): A lawyer accidentally reveals privileged emails. Discuss ethical obligations.
Legal question (Bar Exam): A company’s algorithm discriminates in hiring. Discuss liability under anti-discrimination law.
Legal question (Bar Exam): A trust provision disinherits heirs who contest the will. Analyze enforceability.
Legal question (Bar Exam): A landlord withholds a security deposit for 'cleaning fees' not specified in the lease. Discuss tenant remedies.
Legal question (Bar Exam): A spouse secretly records a conversation during marriage dissolution proceedings. Discuss admissibility.
Legal question (Bar Exam): A protest group blocks freeway traffic. Discuss potential criminal and First Amendment issues.
Legal question (Bar Exam): A judge posts case commentary online while trial is pending. Discuss ethical implications.
Legal question (Bar Exam): A company delays product delivery due to supplier bankruptcy. Discuss UCC remedies.
Legal question (Bar Exam): A witness refuses to testify citing Fifth Amendment rights. Discuss scope and limits.
Legal question (Bar Exam): A minor enters a car purchase contract then seeks rescission. Discuss enforceability.
Legal question (Bar Exam): A law bans public employees from wearing political buttons. Analyze constitutionality.
Legal question (Bar Exam): A software vendor, a merchant, sent a written, signed offer to license its enterprise software to a corporate purchaser, stating that the offer would remain open for thirty days. Ten days later, before the purchaser had responded, the vendor sent a written revocation; the purchaser then attempted to accept within the thirty-day period and sued to enforce. Under the Uniform Commercial Code's firm-offer rule for merchants, was the vendor's offer irrevocable for the stated period?
Legal question (Bar Exam): Two companies orally agreed that Seller would deliver 600 units of specialized widgets to Buyer for $50,000. Before delivery, Seller asserted the contract was unenforceable because it was not in writing. Under the UCC statute of frauds for the sale of goods, can Buyer enforce the oral agreement?
Legal question (Bar Exam): A buyer sent a purchase order for goods with standard terms; the seller returned an acknowledgment form accepting the order but including an additional warranty term that limited the buyer's remedies. The buyer received and accepted the goods and paid. Under the UCC's battle-of-the-forms (2-207), does the seller's additional warranty term automatically become part of the contract?
Legal question (Bar Exam): A contract for delivery of 100 identical components required delivery by June 1 with the clause “time is of the essence.” The seller tendered conforming goods on June 3. Under the UCC perfect-tender rule and related doctrines, may the buyer reject the late but conforming delivery?
Legal question (Bar Exam): A supplier contracted to deliver a specific antique violin that was destroyed in a warehouse fire without the supplier's fault prior to the delivery date. The buyer sued for breach. Under the common-law doctrine of impossibility and the UCC, is the supplier excused from performance?
Legal question (Bar Exam): Under a services contract to renovate a storefront to be completed by October 1, the contractor notified the owner two months earlier that it would not perform. The owner immediately sued for breach seeking damages before the completion date. When a party anticipatorily repudiates a contract, may the nonrepudiating party immediately treat the contract as breached and sue for damages?
Legal question (Bar Exam): A motorist was cited for exceeding a posted speed limit designed to protect children near a playground and subsequently struck and injured a child. The injured child's parent sues the motorist and points to the speed statute. Under the negligence per se doctrine, does the violation of the speed statute establish breach of duty without additional proof of negligence?
Legal question (Bar Exam): A landowner negligently left a gate open, and a trespasser entered, started a fire, which spread to a distant neighbor's house after a third party intentionally pushed burning debris onto it. The neighbor sues the landowner for the damage. Under proximate cause principles, is the landowner liable for the remote damage caused by the intervening intentional act?
Legal question (Bar Exam): A manufacturer sold a household space heater that, because of a design defect, overheated and caused a fire that injured a consumer. The injured consumer sues the manufacturer for strict products liability. Under the established standards for product liability, can the consumer recover from the commercial manufacturer without proving the manufacturer's negligence?