flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). 5 . Despite conceding that each Plaintiff made a prima facie claim; on appeal Kellogg points out that it fired Tabura after he.amassed more than sixteen disciplinary points, and Kellogg assessed the last two points, not when Tabura missed a Saturday shift, but instead when he clocked in late after lunch on two occasions. Even so, there is evidence in the record from which a jury could find that all but two of the sixteen disciplinary points leading to Tabura’s termination were for missing his Saturday shifts. Moreover, other circuits conclude' that a plaintiff can satisfy the third prong of his prima facie claim by showing he was disci-pliüfed or threatened with termination, rather than actua 51-53 (7th Cir. 2012) (<HOLDING>); Rodriguez v. Chi., 156 F.3d 771, 775-76 (7th Options: A. holding accommodationchanging to late shiftthat eliminated conflict by allowing employee to attend religious services was reasonable B. holding that a notice recommending termination of an employee to the board without notice to the employee of employees right to attend and dispute the claims violated due process C. holding that because the employee had engaged in similar religious conduct on prior occasions employer had notice of the conflict D. holding that limitations placed upon the religious activities of two prison groups found to be religious organizations were reasonable under the circumstances E. holding that religious exercise is any exercise of religion whether or not compelled by or central to a system of religious belief and that the use building or conversion of real property for the purpose of religious exercise shall be considered religious exercise

assistant: The best answer is A. holding accommodationchanging to late shiftthat eliminated conflict by allowing employee to attend religious services was reasonable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as necessary for FIG, the Companies, their subsidiaries, and their affiliates, and their respective successors or assigns or Novogratz to specifically enforce or enjoin a breach of this Agreement (to the extent such remedies are otherwise available), the Parties agree that any and all disputes that may arise in connection with, arising out of or relating to this Agreement shall be submitted to binding arbitration in New York, New York, according to the Employment Arbitration Rules of the American Arbitration Association. The Parties agree that each Party shall bear its or his own expenses incurred in connection with any such dispute. This arbitration obligation extends to any and all claims that may arise by and between the Parties or their subsidiaries or their affiliates and their respective successors or assigns. The Parties agree that any pending or contemplated arbitration hereunder may be consolidated with any prior arbitration arising under this agreement to arbitrate or an agreement to arbitrate set forth in the Separation Agreement for the purposes of efficiency and to avoid the possibility of inconsistent awards. An application for such consolidation may be made by any party to this Agreement or the Separation Agreement to the tribunal for the prior arbitration. The tribunal to the prior arbitration shall, after providing all interested parties the opportunity to comment on such application, order that any such pending or contemplated arbitration be consolidated into a prior arbitration if it determines that (i) the issues in the arbitrations involve common questions of law or fact; (ii) no party to either arbitration shall be prejudiced, whether by delay or otherwise, by the consolidation; (iii) any party to the pending or contemplated arbitration which did not join an application for consolidation, or does not consent to such an application, is sufficiently related to the parties in the prior arbitration that their interests were sufficiently represented in the appointment of the tribunal for the prior arbitral tribunal; and (iv) consolidation would be more efficient that separate arbitral proceedings.

assistant: Arbitration
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: For the purposes of this Agreement, “ Inventions ” shall be deemed to mean all ideas, concepts, discoveries, inventions, developments, improvements, formulations, products, processes, know-how, designs, formulas, methods, developmental or experimental work, business processes, business strategies, operating procedures, clinical data, original works of authorship, software programs, software and systems documentation, trade secrets, technical data, or licenses to use (whether or not patentable or registrable under copyright or similar statutes), that are or were made, conceived, devised, invented, developed or reduced to practice or tangible medium by the Executive, either alone or jointly with others (a) during any period that the Executive is employed or engaged by the Company, whether or not during normal working hours or on the premises of the Company, which relate, directly or indirectly, to the business of the Company or its Affiliates or (b) which arise out of, or are incidental to, the Executive’s employment or engagement by the Company.

assistant: Definitions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Party may waive compliance by the other Parties with any of the other Parties’ agreements or fulfillment of any conditions to its own obligations contained herein. Any agreement on the part of a Party to any such waiver shall be valid only if set forth in an instrument in writing signed by or on behalf of such Parties. Except as specifically set forth in this Agreement, no failure or delay by a Party in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

assistant: Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: him removable because his conviction for attempted kidnapping, pursuant to Ariz.Rev.Stat. §§ 13-1001 and 13-1304, qualifies as a crime of violence, and hence, an aggravated felony, as defined in 8 U.S.C. § 1101(a)(43)(F), (U). “We review de novo whether a criminal conviction is a crime of violence and therefore an aggravated felony rendering an alien removable.” Covarrubias Teposte v. Holder, 623 F.3d 1094, 1096 (9th Cir.2010) (citation omitted). The Board of Immigration Appeals properly determined that attempted kidnapping under the Arizona statutes is categorically a crime of violence under 18 U.S.C § 16(b) because it involves a substantial risk that physical force may be used in the course of committing the offense. See United States v. Williams, 110 F.3d 50, 52 (9th Cir.1997) (<HOLDING>) (citing cases) (alteration and internal Options: A. holding that kidnapping involves a serious potential risk of physical injury to the kidnapped person B. holding that failure to stop for a blue light is a violent felony under armed career criminal statute because it involves conduct that presents a serious potential risk of physical injury to another C. holding that kidnapping is a crime of violence which involves a serious potential risk of injury under 18 usc 924 D. holding that begay rejected that circuits earlier approach under which an offense presented a serious potential risk of physical injury to another if the offense conduct had the potential for serious physical injury to another E. holding that vehicular manslaughter qualifies as a violent felony under section 924e2bii in that it involves conduct that presents a serious potential risk of physical injury to another

assistant: The best answer is A. holding that kidnapping involves a serious potential risk of physical injury to the kidnapped person
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court broad authority to exercise its equitable powers—where necessary and appropriate to facilitate the implementation of other Bankruptcy Code provisions.” Ameriquest Mortgage Co. v. Nosek (In re Nosek), 544 F.3d 34, 43 (1st Cir.2008) (internal quotations omitted). Thus, while § 105(a) vests bankruptcy courts with inherent power to sanction parties for improper conduct, it “does not authorize the bankruptcy courts to create substantive rights that are otherwise unavailable under applicable law.” Pertuso, 233 F.3d at 423, fn. 1, quoting United Sates v. Sutton, 786 F.2d 1305, 1308 (5th Cir.1986). Bankruptcy courts have used their authority to impose contempt sanctions pursuant to § 105 in a variety of circumstances. Hardy v. U.S. (In re Hardy), 97 F.3d 1384, 1389-90 (11th Cir.1996) (<HOLDING>); In re Latanowich, 207 B.R. 326, 333 Options: A. recognizing equitable powers necessary and appropriate to carry out the provisions of this title B. holding that section 105 grants statutory contempt powers in the bankruptcy context that may be used to award monetary and other forms of relief for automatic stay violations to the extent such awards are necessary and appropriate to carry out the provisions of the bankruptcy code C. holding that the bankruptcy court relinquishes jurisdiction over estate property when it grants relief from the automatic stay D. recognizing district courts authority to dispose of contempt action for violation of automatic stay of bankruptcy E. recognizing power of bankruptcy court under 105 of the code and bankruptcy rule 9020 to impose contempt sanctions for violations of automatic stay

assistant: The best answer is B. holding that section 105 grants statutory contempt powers in the bankruptcy context that may be used to award monetary and other forms of relief for automatic stay violations to the extent such awards are necessary and appropriate to carry out the provisions of the bankruptcy code
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: received cash awards and please state the total amounts réceived by the informant from you in relation to the events at issue in this Complaint[ ]” may allow Plaintiff to piece together the person who made a purchase of black tar heroin from him, which could put the informant’s life and/or well-being in jeopardy. You cited to criminal defense cases as the basis for your argument that you are entitled to this information, however, this case does not involve an “individual’s right to prepare his defense.” This case involves a civil complaint filed against Defendant Ficke, inter alia. You have not set forth a basis for the need to disclose the identity or even the identifying information of the informant. See McGee v. Hayes, 43 Fed.Appx. 214, 217 (10’h [10th] Cir.2002) (unpublished) (<HOLDING>) Although you argue in your letter that Options: A. holding that the court is in no position to decide whether there is a genuine dispute because the district court did not permit any discovery before issuing its ruling B. holding that a plaintiff is required to identify specific acts of individual defendants for his claim to survive C. holding that a district court is not required to permit plaintiff to engage in a fishing expedition in the hope of supporting his claim D. holding that a plaintiff is not required to state the statutory or constitutional basis for his claim only the facts underlying it E. holding that failure to develop a legal argument supporting a claim results in waiver of the claim

assistant: The best answer is C. holding that a district court is not required to permit plaintiff to engage in a fishing expedition in the hope of supporting his claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Subscriber acknowledges and agrees that the Company does not make nor has made any representations or warranties with respect to the Shares or the transactions contemplated hereby other than those specifically set forth in Section 4 hereof.

assistant: Disclosures
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as to his entitlement to a clothing allowance. Plaintiffs’ argument is that since Brumbaugh has received deputy uniforms and a cleaning allowance he should not also receive a clothing allowance for detectives (which he did not actually need during that time given his assignment). Plaintiffs’ argument frankly ignores the pertinent statutory language. Under US-ERRA, a returning veteran is entitled to not only pay, seniority and employee benefits, but also all of the “rights and benefits” of the employment. These terms are defined at 38 U.S.C. § 4303(2) as follows: (2) The term “benefit”, “benefit of employment”, or “rights and benefits” means any advantage, profit, privilege, gain, status, account, or interest (other than wages or salary for work performed) that accrues (M.S.P.B.1996) (<HOLDING>); Fernandez v. Department of Army, 84 M.S.P.R. Options: A. recognizing that commission is not bound by statutory or common law rules of evidence B. holding municipality could not appeal civil service commission decision because under mississippi law the commission makes the citys final decisions on police department employment matters C. holding that a plantshutdown benefit is not an optional form of benefit D. holding that a question about present employment in field of law enforcement did not trigger disclosure of past employment in field of law enforcement E. holding that law enforcement commission was a benefit of employment

assistant: The best answer is E. holding that law enforcement commission was a benefit of employment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each representation and warranty of the Company and PositiveID shall be true in all material respects on and as of the Closing Date with the same effect as though such representation and warranty had been made on and as of that date.

assistant: Warranties
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Second Amendment may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Second Amendment at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Second Amendment. The parties agree that delivery by electronic means of a signed counterpart of this Second Amendment will be deemed the same as delivery of the original counterpart. Upon request of the other party, a party delivering an electronic counterpart of this Second Amendment will provide to the requesting party a signed original of this Second Amendment.

assistant: Counterparts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Employer shall have the right to deduct or withhold from the compensation due to Employee hereunder any and all sums required for federal income and social security taxes and all state or local taxes now applicable or that may be enacted and become applicable in the future, for which withholding is required by law.

assistant: Tax Withholdings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Corporation shall cooperate in good faith with Indemnitee and use its best efforts to ensure that, to the fullest extent permitted by applicable law, Indemnitee is indemnified and/or reimbursed for Expenses described herein and receives advancement of Expenses.

assistant: Cooperation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: — a reference that is in tension with Olson. Compare Crider, 885 F.2d at 296 with Olson, 546 U.S. at 46, 126 S.Ct. 510 ("the [FTCA] requires a court to look to the state-law liability of private entities, not to that of public entities.”). However, we then held, consistent with Olson, that we "must disregard state rales of sovereign or official immunity in analyzing the scope of FTCA liability, because these conflict with Congress’s analogy to 'private person’ liability ...." Crider, 885 F.2d at 296. Based on this holding, we determined that because neither a state law enforcement officer nor a private person would have had a duty to the plaintiff to detain a drunk driver, the park rangers also had no such duty, and thus the Government was not liable under the 007 (5th Cir.2003) (<HOLDING>). Here, the record shows that Villafranca was Options: A. holding that detaining club patrons in handcuffs for three hours after subjecting them to strip searches and warrant checks was unlawful B. holding unconstitutional city policy of subjecting all females arrested and detained to strip and visual body cavity searches C. holding that there was not arguable probable cause to conduct extensive searches on night club and its patrons where only evidence was of one patron selling drugs D. holding that search warrant for tavern and its bartender did not permit body searches of all bars patrons E. holding unconstitutional blanket jail policy of subjecting all arrestees to strip and visual body cavity searches

assistant: The best answer is A. holding that detaining club patrons in handcuffs for three hours after subjecting them to strip searches and warrant checks was unlawful
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and directly elected its directors, but were not stockholders of record, had a right of inspection at common law, and, if so, (b) whether that right has survived the enactment of 8 Del.C. § 220. Compare State ex rel. Crowder v. Sperry Corp., 41 Del. 84, 93-94, 15 A.2d 661, 664 (Del.Super.Ct.1940) (holders of voting trust certificates who transferred to voting trustees “all the powers and rights of absolute ownership of every name and nature” did not have a legal right of access enforceable by mandamus), with Fleisher Development Corp. v. Home Owners Warranty Corp., 647 F.Supp. 661, 667 (D.D.C.1986) (predicting that Delaware would recognize common-law right of inspection in owners of non-stock corporation). Cf. Henshaw v. American Cement Corp., 252 A.2d 125, 128 (Del.Ch.1969) (<HOLDING>). (4) The important and urgent reasons for an Options: A. holding right to testify was federal constitutional right B. holding that the right to drive is not a fundamental right C. holding that treatment as a child is not a constitutional right but a right granted by the legislature and statute met basic due process requirements D. holding that for an act to be inconsistent with the right to arbitrate and thus constitute a waiver of that right it must repudiate the right of the party who does the act E. holding that a director who was a stockholder of record but had not complied with 220s procedural requirements had a commonlaw right to review books and such right survived the enactment of 220

assistant: The best answer is E. holding that a director who was a stockholder of record but had not complied with 220s procedural requirements had a commonlaw right to review books and such right survived the enactment of 220
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: stolen the money, and that he was acting in his private (vice duty) capacity in going to the appellant’s room. Record at 101-02. His primary motive was to be reimbursed for the money he had given LCpl Woods. The appellant was gone, but his roommate invited Cpl Cervantes into the room. Cpl Cervantes told the roommate he was looking for an envelope LCpl Woods’s wife had left, and asked if he could look in appellant’s “cammies” to see if perhaps it was there. The roommate agreed. Cpl Cervantes found the envelope — torn open — in the appellant’s cammies. The money was missing. Record at 102. We review the military judge’s decision on a suppression motion for an abuse of discretion, applying a clearly erroneous standard to his essential findings of fact, and we conduct a de novo re 1996)(<HOLDING>); United States v. Portt, 21 M.J. 333, 334 Options: A. holding that fourth amendment claims are not cognizable on habeas review because the fourth amendment exclusionary rule does not relate to the accuracy of the factfinding process B. recognizing good faith exception to fourth amendment exclusionary rule C. holding that the exclusionary rule under the fourth amendment applies to civil forfeiture proceedings D. holding that the fourth amendment and the exclusionary rules are not implicated by a private search E. holding that the fourth amendment exclusionary rule should not bar the use of evidence obtained by police officers acting in good faith and with reasonable reliance on a facially valid search warrant

assistant: The best answer is D. holding that the fourth amendment and the exclusionary rules are not implicated by a private search
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee in cash equal to $1,000 (if the Assignee is already a Bank) or $3,500 (otherwise); provided that the Administrative Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment. The Assignee, if it is not a Bank, shall deliver to the Administrative Agent an Administrative Questionnaire.

assistant: Assignments
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except to the extent the RSUs covered by this Agreement have become nonforfeitable pursuant to Section 4 or Section 5 hereof, the RSUs covered by this Agreement shall be forfeited automatically and without further notice, and shall no longer be considered covered by this Agreement, on the date of Grantee’s termination of continuous service.

assistant: Forfeitures
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you no longer wish to subscribe to a premium service , it is your responsibility to cancel your premium service in due time , regardless of whether or not you actively use the premium service .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts shall be construed together and shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by facsimile transmission or in portable document format (.pdf) shall be effective as delivery of a manually executed counterpart hereof.

assistant: Counterparts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, the By-Laws, all Exhibits and the other agreements and instruments expressly provided for in this Agreement together set forth the entire understanding of the parties to this Agreement and supersede in their entirety all prior contracts, agreements, arrangements, communications, discussions, representations and warranties, whether oral or written, among the parties pertaining to the purchase and sale of the Shares.

assistant: Entire Agreements
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Comply, and cause each of its Subsidiaries to comply, with all applicable Laws, rules, regulations and orders (such compliance to include, without limitation, compliance with ERISA and Environmental Laws), except to the extent that the failure to so comply, either individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

assistant: Compliance With Laws
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: text, supra. In addition, because a finding of reasonable efforts is a prerequisite to a finding of unfitness when such a showing is required by statute, see In re Brianna D., 798 A.2d at 415, absent a finding of reasonable efforts, the balance of inquiry does not yet shift to the “best interests of the child.” See In re Nicole B., 703 A.2d at 615. As a result, the trial justice inappropriately conditioned his finding of reasonable efforts, and thus his determination of unfitness, on “the urgent need of [the] children for permanency in their fives.” Although we have observed that this is an important consideration in determining the best interests of a child, see In re Brianna D., 798 A.2d at 415, such an inquiry is inappropriate before a finding of parental unfitness occurs. See id. (<HOLDING>). This Court has provided guidelines for what Options: A. recognizing this substantial interest in context of termination of parental rights B. holding parental rights are constitutionally protected fundamental interest C. holding that in considering a petition to terminate parental rights the first step is therefore a finding of parental unfitness the next step is to consider the best interest of the child which willthen outweigh all other considerations D. holding that due process allows parental rights to be terminated only upon clear and convincing evidence of unfitness E. holding that a childs preference regarding parental contact is not determinative of the best interest analysis and that a court must assess a childs best interest in light of all statutory factors

assistant: The best answer is C. holding that in considering a petition to terminate parental rights the first step is therefore a finding of parental unfitness the next step is to consider the best interest of the child which willthen outweigh all other considerations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: original) (internal quotation marks omitted). 37 When the legislature enacted the Probate Code thirty-eight years ago, 1975 Utah Laws 579-715, it included the following seetion, which has not been amended: "Unless displaced by the particular provisions of this code, the principles of law and equity supplement its provisions," Utax Cop® § 75-1-108. The legislature instructed the judiciary not to infer preemption just because the legislature had spoken on a subject. Rather, courts are to find preemption only where the Probate Code directly "displace[s]" a common law doctrine. At the time the Code was enacted with this presumption against preemption, equita enacted the Uniform Probate Code recognize equitable adoption. See, eg., Calista Corp. v. Mann, 564 P.2d 53, 61 & n.18 (Alaska 1977) (<HOLDING>); In re Estate of Jenkins, 904 P.2d 1316, 1320 Options: A. holding that the 1999 version of the sorp like the 1997 version is nonpunitive in both intent and effect B. holding that parties not related to the child could not file an adoption petition and later prove the unfitness of the natural parents because the child was not available for adoption as defined in the adoption act parents had to be found unfit before petition could be filed C. holding no state court jurisdiction in an adoption proceeding D. holding that alaskas version of utah code section 751108 permitted the court to recognize equitable adoption E. holding that a claim of quantum meruit was appropriate in a probate case because under section 103 principles of law and equity supplement the provisions of the utah uniform probate code unless displaced by particular provisions of the code

assistant: The best answer is D. holding that alaskas version of utah code section 751108 permitted the court to recognize equitable adoption
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: are not clearly erroneous, and it did not abuse its discretion in awarding back pay and a limited amount of front pay where the jury determined that such a remedy was warranted by the facts. See Selgas, 104 F.3d at 12 (A court’s decision to uphold a jury’s award of damages is within the district court’s discretion, and we will not disturb this discretion unless we find “strong evidence of a lapse in judgment.”). (2) Punitive damages This circuit has held that under federal law the evidence of intent that is necessary to support a punitive damages award “is the same [evidence of] ‘intent’ that is required for a finding of discrimination in the first place.” Dichner v. Liberty Travel, 141 F.3d 24 (1st Cir.1998) (citing Rowlett v. Anheuser-Busch, Inc., 832 F.2d 194, 205 (1st Cir.1987) (<HOLDING>)). Rowlett, relying on Smith v. Wade, 461 U.S. Options: A. holding that a hearing on a motion to amend to allege punitive damages is not necessary B. recognizing the financial position of the defendant as a factor in assessing a punitive damages award C. recognizing that the state of mind necessary to trigger liability for the wrong is at least as culpable as that required to make punitive damages applicable D. holding that in order to submit a claim for punitive damages to a jury in a product liability action a plaintiff is required to produce evidence of actual knowledge E. holding a court may not award punitive damages

assistant: The best answer is C. recognizing that the state of mind necessary to trigger liability for the wrong is at least as culpable as that required to make punitive damages applicable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to perform or refrain from performing a given act, we think, is an objective one, determined from the form and meaning of the contract itself”). 45 See Schmalfeldt v North Pointe Ins Co, 469 Mich 422, 428; 670 NW2d 651 (2003); Brunsell, 467 Mich at 296-298. 46 Brunsell, 467 Mich at 297. 47 See Koenig, 460 Mich at 680 (stating that “an objective standard is to be used to determine from the contract itself whether the promisor undertook ‘to give or to do or to refrain from doing something directly to or for’ the putative third-party beneficiary”) (citation omitted; emphasis omitted). 48 See id. at 684, Lidke v Jackson Vibrators, Inc, 379 Mich 294, 300; 150 NW2d 737 (1967), and Guardian Depositors, 290 Mich at 442; see also Williams v Polgar, 391 Mich 6, 14; 215 NW2d 149 (1974) (<HOLDING>). 49 MCL 600.1405. 50 MCL 600.1405(2)(a). 51 Options: A. recognizing rule B. recognizing such an exception C. recognizing the rule and the exception but holding facts did not support claim to exception D. recognizing thirdparty beneficiaries as an exception to the commonlaw privity rule E. recognizing exception

assistant: The best answer is D. recognizing thirdparty beneficiaries as an exception to the commonlaw privity rule
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Brand Companies own or have the right to use, free and clear of all Liens (other than (i) Permitted Liens and (ii) non-exclusive licenses granted in the ordinary course of business consistent with past practice), all Material Registered Company Intellectual Property (as defined in the MIPA) licensed to Assignee pursuant to the License Agreement, but solely with respect to products that are to be sold in the United States and/or Canada.

assistant: Intellectual Property
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Phillip James Ginder. appeals his 24-month sentence imposed following his guilty plea conviction for knowingly and intentionally importing marijuana into the United States in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm, Ginder contends that 21 U.S.C. §§ 952 and 960 are facially unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). This contention is foreclosed by United States v. Mendozar-Paz, 286 F.3d 1104, 1110 (9th Cir.2002). Ginder also contends that under Apprendi the government is required to prove beyond a reasonable doubt that he knew the drug type and quantity. We recently rejected this argument in United States v. Carranza, 289 F.3d 634, 643 (9th Cir.2002) (<HOLDING>). AFFIRMED. ** This disposition is not Options: A. holding that apprendi does not change the long established rule that the government need only show that the defendant knew he imported or possessed some controlled substance B. holding that it was not necessary for the state to prove that the defendant knew the precise nature of the controlled substance he was convicted of delivering when evidence established that he knew it was a controlled substance C. holding that apprendi does not require the government to prove that defendant knew type and amount of controlled substance D. holding to prove possession the state must show that a defendant possessed a certain substance the substance was illegal and he had knowledge of the presence of the substance E. holding that mens rea required for possession of a controlled substance is knowledge that defendant possessed a controlled substance

assistant: The best answer is A. holding that apprendi does not change the long established rule that the government need only show that the defendant knew he imported or possessed some controlled substance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller represents and warrants to Buyer that each Purchased Loan sold in a Transaction hereunder, as of the related Purchase Date for such Transaction and as of any Business Day on which Margin Excess is made available by Buyer to Seller which increases the outstanding Purchase Price of such Purchased Loan, conforms to the applicable representations and warranties set forth in Exhibit VI -I and Exhibit VI-II attached hereto in all material respects, except as disclosed to Buyer in writing. With respect to each Purchased Loan, the Mortgage Note, the Mortgage, the Assignment of Mortgage, the Transfer Certificate and any other documents required to be delivered under this Agreement and the applicable Custodial Agreement for such Purchased Loan have been delivered to Buyer or the Custodian on its behalf (or shall be delivered in accordance with the time periods set forth herein).

assistant: Representations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of contempt and sentenced relator to 180 days in jail. Relator was incarcerated September 13, 1996. After the court of appeals denied ha-beas corpus relief, Evans sought relief from this Court. We ordered him released on bond pending our consideration of the merits. Subject to certain exceptions, state courts have authority to enjoin litigation in other state courts, either of their own or other states. See, e.g., Golden Rule Ins. Co. v. Harper, 925 S.W.2d 649 (Tex.1996). However, it is settled that “state courts are completely without power to restrain federal court proceedings in in personam actions.” Donovan v. City of Dallas, 377 U.S. 408, 413, 84 S.Ct. 1579, 1582, 12 L.Ed.2d 409 (1964). See also General Atomic Co. v. Fetter, 434 U.S. 12, 16, 98 S.Ct. 76, 78, 54 L.Ed.2d 199 (1977) (<HOLDING>); Gannon v. Payne, 706 S.W.2d 304, 305 Options: A. holding that the donovan rule applies regardless of whether the injunction is issued before or after the federal court filing B. holding that when the supreme court applies a rule of federal law to the parties before it that rule is the controlling interpretation of federal law and must be given full retroactive effect in all cases still open on direct review and as to all events regardless of whether such events predate or postdate our announcement of the rule C. holding that the plra bar applies to lawsuits brought by inmates regardless of whether the inmate is incarcerated at the time of filing or whether the plaintiff is subsequently paroled sentenced or released D. holding that when the district court applies the wrong preliminary injunction standard this court may review the record to determine whether the injunction is justified E. holding that when the supreme court applies a rule of federal law to the parties before it that rule is the controlling interpretation of federal law and must be given full retroactive effect in all civil cases still open on direct review and as to all events regardless of whether such events predate or postdate the supreme courts announcement of the rule

assistant: The best answer is A. holding that the donovan rule applies regardless of whether the injunction is issued before or after the federal court filing
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All questions concerning the construction, validity, enforcement and interpretation of this Warrant shall be governed by the internal laws of the State of Illinois, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Illinois or any other jurisdictions) that would cause the application of the laws of any jurisdictions other than the State of Illinois. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in The City of Chicago, County of Cook, for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein, and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper. Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof to such party at the address for such notices to it under this Warrant and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION WITH OR ARISING OUT OF THIS WARRANT OR ANY TRANSACTION CONTEMPLATED HEREBY.

assistant: Jurisdictions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we may also block delivery of a communication ( like email or instant message ) to or from the services in an effort to enforce these terms or we may remove or refuse to publish your content for any reason .

assistant: Content removal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Waivers under this Agreement are only valid and binding if in writing and duly executed by the party against whom enforcement of the waiver is sought. Waivers shall only waive the specific matter described in the written waiver and do not impair the rights of the party granting the waiver in other respects or at other times. A party’s waiver of a breach of any provision of this Agreement, or failure (on one or more occasions) to enforce a provision of, or to exercise a right under, this Agreement, will not constitute a continuing waiver of the same or of a similar breach, or of such provision or right at another time or in another context.

assistant: Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: contention that Keefe’s posts are equivalent to curricular speech simply because they were directed at classmates and involved their conduct in the Nursing Program. Fraser involved a speech by a high school student nominating a fellow student for student elective office, during which he “referred to his candidate in terms of an elaborate, graphic, and explicit sexual metaphor.” Fraser, 478 U.S. at 677-78, 106 S.Ct. 3159. Although this speech was clearly directed at classmates and school-related, the Supreme Court went out of its way in Morse to underscore that Fraser’s speech would have been protected if it had been delivered outside of school. Morse, 551 U.S. at 405, 127 S.Ct. 2618; see also J.S. ex rel. Snyder v. Blue Mountain Sch. Dist., 650 F.3d 915, 925-33 (3d Cir. 2011) (en banc) (<HOLDING>); Layshock ex rel. Layshock v. Hermitage Sch. Options: A. holding that under fraser there is no first amendment protection for lewd vulgar indecent and plainly offensive speech in school B. holding that first amendment barred school from punishing student for vulgar myspace post concerning principal be cause it was offcampus speech C. holding that public school violated homosexual students first amendment right to speech and expression when it banned him from bringing a samesex date to the prom notwithstanding that the student and another homosexual student had previously been assaulted by other students and that the school was forced to provide additional security and escorts D. holding that a school district owed the highest degree of care to a student on a school bus such that the district could be liable for the sexual abuse of the student by the school bus driver E. holding that student stated a claim for violation of his first amendment right to speech when he alleged that school officials prevented him from openly stating that he was homosexual and retaliated against him for doing so

assistant: The best answer is B. holding that first amendment barred school from punishing student for vulgar myspace post concerning principal be cause it was offcampus speech
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court, but contends that the issues contained in that motion have since been resolved by the superior court’s factual finding pertaining to a later discovery motion. Therefore, Dorenbos contends, since there are no remaining issues unresolved, federal review should be permitted. We reject this contention. The United States Supreme Court has held that in order to satisfy the exhaustion requirement of section 2254, habeas petitioners must fairly present federal claims to the state courts in order to give the state the opportunity to pass upon and to correct alleged violations of its prisoners’ federal rights. Duncan v. Henry, 513 U.S. 364, 365-66, 115 S.Ct. 887, 130 L.Ed.2d 865 (1995) (per curiam); see also Castille v. Peoples, 489 U.S. 346, 351, 109 S.Ct. 1056, 103 L.Ed.2d 380 (1989) (<HOLDING>). The Washington Court of Appeals and Options: A. holding that a petitioner does not fairly present his claim where the claim has been presented for the first and only time in a procedural context in which its merits will not ordinarily be considered B. holding that claims which were not presented to the motion court cannot be raised for the first time on appeal C. holding where a claim is presented for the first and only time in a procedural context in which the merits are not likely to be considered unless there are special and important reasons the petition is not exhausted D. holding that a claim not raised before the trial court will not be considered for the first time on appeal E. recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court

assistant: The best answer is C. holding where a claim is presented for the first and only time in a procedural context in which the merits are not likely to be considered unless there are special and important reasons the petition is not exhausted