instruction:
In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling
question:
approximately one hour after beginning deliberations, the jury asked the following question: ""which one of proof need only one to be true?""
answer:
non-overruling


question:
concluding that the outcome of this appeal with respect to attorney fees turns on our precedent in devine v. national treasury employees union, 805 f.2d 384 (fed. cir. 1986), and goodrich v. department of the navy, 733 f.2d 1578 (fed. cir. 1984), we decided to rehear the appeal en banc so that we could consider the following question:
answer:
overruling


question:
to the extent that paprskar v. state, supra, applied the general test of waiver of constitutional rights set forth in johnson v. zerbst, supra, it is no longer viable.
answer:

overruling