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: Notably, the rule prohibiting interlocutory appeals prevents the “delay and expense from fragmentary appeals” and “expedite^] the administration of justice.” See Berger v. Berger, 67 N.C. App. 591, 595, 313 S.E.2d 825, 828, (citing Shaver, 54 N.C. App. at 486, 283 S.E.2d at 526), disc. review denied, 311 N.C. 303, 317 S.E.2d 678 (1984). Here, the Commission reserved both the issue of the extent of Mr. Thomas’s temporary disability, if any, after 13 November 2008 and the issue of his permanent partial disability for future resolution. Its Opinion and Award with respect to causation and temporary total disability compensation from October 2007 until November 2008 was clearly interlocutory. See Watts v. Hemlock Homes of Highlands, Inc., 160 N.C. App. 81, 84, 584 S.E.2d 97, 99 (2003) (<HOLDING>). While we certainly agree with the parties’ Options: A. holding that the record supported the district courts award of damages B. holding that where the commissions opinion and award had yet to determine the total amount of compensation and there was nothing in the record to indicate that the parties had resolved this issue independently since the commission entered its opinion and award that the appeal was clearly interlocutory C. holding that an attorneys fees award is not appealable until the amount of the award is set D. holding a medical opinion to be not significantly probative where the opinion was contrary to other substantial record evidence E. holding that an appeal may be taken from an award of attorneys fees only after that award is independently final which means after the district judge had decided how much must be paid

assistant: The best answer is B. holding that where the commissions opinion and award had yet to determine the total amount of compensation and there was nothing in the record to indicate that the parties had resolved this issue independently since the commission entered its opinion and award that the appeal was clearly interlocutory
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 law. To maintain an action in negligence, the plaintiff must prove four essential elements: duty, breach, causation, and damages. Eklund, ¶ 32. Without duty, and a breach of that duty, no negligence can exist. See e.g. Jacobs v. Laurel Volunteer Fire Dept., 2001 MT 98, ¶ 13, 305 Mont. 225, ¶ 13, 26 P.3d 730, ¶ 13. Thus, we will consider Swift’s cross-appeal first. ¶14 I. Did the District Court err by partially denying Swift’s motion for summary judgment, and concluding that Swift owed Fisher a duty of care as a matter of law? ¶15 A. Duty ¶16 At the most basic level, we all share the common law duty to exercise the level of care that a reasonable and prudent person would under the same circumstances. See e.g. Runkle v. Burlington Northern, 188 Mont. 286, 299, 613 P.2d 982, 990 (1980) (<HOLDING>). We have long recognized that the common law Options: A. holding that a railroad had a duty to exercise this level of care even in the absence of statutorily imposed duties B. holding that a landlord may have a duty to exercise reasonable care for the safety of its tenants in common areas C. holding that the law imposes on every person who enters upon an active course of conduct the positive duty to exercise ordinary care to protect others from harm and calls a violation of that duty negligence that a complete binding contract between the parties is not a prerequisite to a duty to use due care in ones actions and that architects may be held liable for a breach of the duty of care and breach of contract that results in foreseeable injury economic or otherwise D. holding that a breach of duties that a fiduciary contractually assumes beyond those duties imposed by law is considered to arise out of contract E. holding that psychiatrist has duty to third parties to exercise due care in treatment and release of committed patients

assistant: The best answer is A. holding that a railroad had a duty to exercise this level of care even in the absence of statutorily imposed duties
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 Company shall reimburse Executive for reasonable travel, entertainment or other expenses incurred by Executive in the furtherance of or in connection with the performance of Executive’s duties hereunder, consistent with how the Company handles expense guidelines and reimbursement for other Executive Vice Presidents, which procedure for all such executives is subject to change from time to time.

assistant: Expenses
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: failure to meet these standards may result in ebay charging you additional fees , and/or limiting , restricting , suspending , or downgrading your seller account .

assistant: Unilateral termination
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 Company has filed all required forms, reports and documents required to be filed by the Company with the Securities and Exchange Commission (the “ SEC ”) since December 31, 2015, each of which has complied in all material respects with all applicable requirements of the Securities Act and the Securities Exchange Act of 1934, as amended (the “ Exchange Act ”), and the rules and regulations promulgated thereunder, each as in effect on the date such forms, reports and documents were filed. The Company has made available to each Purchaser, in the form filed with the SEC (including any amendments thereto) its (i) Annual Report on Form 10-K for the year ended December 31, 2015; (ii) Quarterly Reports on Form 10-Q for the quarterly periods ended March 31, 2016 and June 30, 2016; (iii) Current Reports on Form 8-K dated January 6 and 25, 2016 and May 19, 2016 and (iv) all definitive proxy statements relating to the Company’s meeting of shareholders (whether annual or special) held since December 31, 2015 (collectively, the “ SEC Reports ”). None of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading.

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 legal provision and list the applicable contract clause categories. Provision: In connection with this Agreement and all transactions contemplated by this Agreement, each Party agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and such transactions.

assistant: Further Assurances
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: Payments made pursuant to this Agreement are intended to be exempt from Section 409A of the Code or to otherwise comply with Section 409A of the Code. Accordingly, other provisions of the Plan or this Agreement notwithstanding, the provisions of this Section 9 will apply in order that the Restricted Stock Units, and related dividend equivalents and any other related rights, will be exempt from or otherwise comply with Code Section 409A. In addition, the Company reserves the right, to the extent the Company deems necessary or advisable in its sole discretion, to unilaterally amend or modify the Plan and/or this Agreement to ensure that all Restricted Stock Units, and related dividend equivalents and any other related rights, are exempt from or otherwise comply, and in operation comply, with Code Section 409A (including, without limitation, the avoidance of penalties thereunder). Other provisions of the Plan and this Agreement notwithstanding, the Company makes no representations that the Restricted Stock Units, and related dividend equivalents and any other related rights, will be exempt from or avoid any penalties that may apply under Code Section 409A, makes no undertaking to preclude Code Section 409A from applying to the Restricted Stock Units and related dividend equivalents and any other related rights, and will not indemnify or provide a gross up payment to a Grantee (or his beneficiary) for any taxes, interest or penalties imposed under Code Section 409A.

assistant: General
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: discrimination can be proved from the face of the tax statute); cf. Fulton Corp. v. Faulkner, 516 U.S. 325, 331, 116 S.Ct. 848, 133 L.Ed.2d 796 (1996) (quoting Oregon Waste Systems, Inc. v. Dep’t of Envtl. Quality of Oregon, 511 U.S. 93, 99, 114 S.Ct. 1345, 128 L.Ed.2d 13 (1994)) (“State laws discriminating against interstate commerce on their face are ‘virtually per se invalid.’ ”); Trinova Corp. v. Michigan Dep’t of Treasury, 498 U.S. 358, 374, 111 S.Ct. 818, 112 L.Ed.2d 884 (1991) (quoting Jenkins, State Taxation of Interstate Commerce, 27 Tenn. L.Rev. 239, 242 (1960)) (a tax imposed “on sleeping measured by the number of pairs of shoes you have in your closet is a tax on shoes”); PPG Industries, Inc. v. Commonwealth, Bd. of Finance & Revenue, 567 Pa. 580, 790 A.2d 261, 264 (2001) (<HOLDING>). In reaching its conclusion here, the majority Options: A. holding that commerce clause authorizes congress to punish any particular criminal action even without proof of a relation to interstate commerce when the activity is part of a class of activities determined by congress to affect interstate commerce B. holding that ordinance requiring all municipal solid waste generated within county to be delivered to a particular facility discriminated against interstate commerce C. holding that stock exchanges asserting their rights to engage in interstate commerce free of discriminatory taxes are within the zone of interests protected by the commerce clause D. holding that three municipal flow control ordinances similar to the one here at issue discriminated against interstate commerce E. holding manufacturing exception to pennsylvanias capital stock and franchise taxes unconstitutional because it facially discriminated against interstate commerce

assistant: The best answer is E. holding manufacturing exception to pennsylvanias capital stock and franchise taxes unconstitutional because it facially discriminated against interstate commerce
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: us for you or at your request....” Appellants’ Appendix at 200. Nothing in the Engagement Letter indicates that the ADR provision was intended to apply retroactively to previous services. We conclude that the pre-January 2002 disputes are clearly not covered by the Engagement Letter or its ADR provision. See, e.g., Mislenkov, 743 N.E.2d at 291 (“We are bound to resolve doubts in favor of arbitration, but Accurate Metal’s claims of pre-agreement wrongdoing do not reasonably fit within the specific language the parties used in the agreement.”)- Because these claims are so far outside the reach of the ADR provision, Appellants cannot demonstrate clear and unmistakable evidence that the parties agreed to arbitrate arbitrability of these issues. See, e.g., Homes By Pate, 713 N.E.2d at 308 (<HOLDING>). The trial court did not abuse its discretion Options: A. holding parties to an exculpatory clause where the parties intent is clear B. holding that when the contract language is unambiguous we take these words to represent the parties intent and the plain meaning of this language governs its interpretation C. holding that the plain language of the warranty reveals no clear intent by the parties to refer to arbitration disputes over contract duration D. holding that the parties choice to require arbitration for disputes which arise under a contract when the standard language was arising out of or relating to demonstrated that the parties intended the agreement to be narrow E. holding that the plain language of the parties contract which limited the cases eligible for submission to arbitration rendered the underlying dispute not arbitrable

assistant: The best answer is C. holding that the plain language of the warranty reveals no clear intent by the parties to refer to arbitration disputes over contract duration
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 and Buyer agree to maintain confidentiality as to the terms and conditions of this Agreement (but not the existence of this Agreement), except (a) such disclosures to attorneys, accountants, consultants, investors, lenders and others as are reasonably required in order to consummate the transaction contemplated in this Agreement, (b) as provided in Section 34 hereof, or (c) as otherwise required by governmental authority or a court with appropriate jurisdiction. Buyer shall instruct its consultants, affiliates, professionals, investors, lenders and others engaged by it in connection with the transaction contemplated in this Agreement to abide by the confidentiality provisions of this Section 33. All non-public information, such as studies and reports relating to the Property obtained by Buyer, either by observations and examinations of its agents, employees or contractors or as disclosed to it by Seller shall remain and be kept strictly confidential. If the transaction contemplated by this Agreement fails to close for any reason, then all such information, studies and reports shall, upon and only upon Seller's request, be delivered by Buyer to Seller and shall become the sole property of Seller, at no cost to Seller, and Buyer shall make no distribution, disclosure or other use of any such information, studies and reports. This Section 33 shall be binding on Seller and Buyer whether or not Closing occurs, and shall survive Closing.

assistant: Confidentiality
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 (4) Nabors had been previously convicted of possessing firearms. The Sixth Circuit has recognized that a forced entry into a residence approximately ten seconds after announcement may be reasonable. See United States v. Gatewood, 60 F.3d 248 (6th Cir.1995) (upholding a drug search involving an entry into a residence approximately ten seconds after announcement); United States v. Johnson, 2000 WL 712385, No. 98-3183 (6th Cir. May 24, 2000) (unpublished opinion) (upholding a five second wait between knocking and entering when officers knew drugs were present in the house as a result of a controlled delivery). Other courts have found a wait of ten to fifteen seconds before forcibly entering a residence to be reasonable. See United States v. Jones, 133 F.3d 358, 361 (5th Cir.1998) (<HOLDING>); United States v. Spriggs, 996 F.2d 320, Options: A. holding that search of shoulder bag was not authorized by search warrant for apartment B. holding police officers show of authority by announcing he was a police officer and ordering defendant to stop was an investigative seizure implicating fourth amendment protections C. holding 15 to 20 seconds was reasonable amount of time for state police officers to wait before entering an apartment to execute a search warrant for drugs after knocking and announcing their presence D. holding that suppression is not an appropriate remedy for officers failure to serve a warrant to the defendant before during or immediately after the search E. holding under 3901 that because officers entered without knocking and announcing the subsequent arrest was invalid and the evidence seized inadmissible

assistant: The best answer is C. holding 15 to 20 seconds was reasonable amount of time for state police officers to wait before entering an apartment to execute a search warrant for drugs after knocking and announcing their presence
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 Recipient acknowledges and agrees that, due to the unique and highly sensitive nature of the Confidential Information and PHI, a breach of this Section 12 would cause irreparable harm to the Disclosing Party for which the Disclosing Party could not be adequately compensated by money damages. Accordingly, the Recipient agrees that, in addition to all other remedies available to the Disclosing Party in an action at law, in the event of any breach or threatened breach by the Recipient of the terms of this Section 12 , the Disclosing Party shall, without the necessity of proving actual damages or posting any bond or other security, be entitled to injunctive relief, including, but not limited to, specific performance of the terms hereof.

assistant: Remedies
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 where the law of the State is expressly referenced in this Mortgage (including in Section[s] 27 [and ] hereof), this Mortgage and all obligations secured hereby are governed. by and to be construed in accordance with the internal laws, but otherwise without regard to the conflict of laws provisions, of the State of New York. The parties stipulate and agree that the State of New York has a substantial relationship to the underlying transactions related to this Mortgage and the parties involved. Notwithstanding the foregoing, the parties stipulate and agree that State law governs issues of lien creation and priority and the procedures for enforcing, in the State, provisional remedies directly related to the real property encumbered hereby, including, without limitation, appointment of a receiver. Wherever possible, each provision of this Mortgage shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Mortgage shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Mortgage.

assistant: Governing 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: Furthermore, an “effluent limitation” is defined as “any restriction established by a State or the [EPA] Administrator on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources.” 33 U.S.C. § 1362(11) (emphasis supplied). Given the forgoing, it is clear the Clean Water Act expressly contemplates stricter state effluent and other limitations deemed necessary by the state to restore the integrity of the waters within the state, allows states to incorporate those limitations into a state-issued permit, and .authorizes a citizen suit to enforce those limitations. See Northwest Environmental Advocates v. Portland, 56 F.3d 979, 985-90 (9th Cir.1995), cert. denied, - U.S. -, 116 S.Ct. 2550, 135 L.Ed.2d 1069 (1996) (<HOLDING>); Culbertson v. Coats American, Inc., 913 Options: A. holding citizen suit jurisdiction exists to enforce permit conditions based on stateestablished standards B. holding workers compensation insurer deemed by section 1332c to be citizen of state of which insured is citizen in suit brought by insureds injured employee C. holding that the court had jurisdiction to hear the suit under the citizen suit provision of the caa D. holding that a limited partnership is not itself a citizen and that courts must instead look to the citizenship of its members to determine if diversity jurisdiction exists E. holding that a federal court must enforce a state court judgment under the full faith and credit statute where diversity jurisdiction exists

assistant: The best answer is A. holding citizen suit jurisdiction exists to enforce permit conditions based on stateestablished standards
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: On and subject to the terms and conditions of this Agreement, at the Closing (as defined below), the Buyer shall purchase, as applicable, from: (i) the Seller and the Seller shall sell, transfer and assign, convey and deliver to the Buyer, the Seller Membership Interests and/or (ii) the Company and the Company shall sell, transfer and assign, convey and deliver to the Buyer, the Building Owner Membership Interests, free and clear of all liens, pledges, claims, security interests, encumbrances, or charges (collectively the "Interest Liens"). Buyer shall have no right or obligation to purchase the Seller Membership Interests or the Building Ownership Membership Interests unless Buyer has purchased the DT 87.5% interest or building owner membership interests, as applicable, pursuant to the DT Purchase Agreement.

assistant: Sales
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 is a Loan Document. This Agreement, the Loan Agreement and the other Loan Documents constitute the entire agreement of the parties hereto with respect to the subject matter hereof and supersede all current and prior agreements and understandings, whether written or oral, with respect to such subject matter. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning hereof. The invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of any other term or provision hereof, and any invalid or unenforceable provision shall be modified so as to be enforced to the maximum extent of its validity or enforceability. This Agreement may be executed in any number of counterparts, which together shall constitute one instrument, and shall bind and inure to the benefit of the parties hereto and their respective successors and assigns, including as such successors and assigns all holders of any Obligations. Delivery of an executed counterpart of a signature page of this Agreement by telecopy, e-mailed .pdf or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Agreement. This Agreement is not intended to and shall not confer any rights or remedies upon any Person other than the parties hereto, the Lenders and their respective successors and assigns: provided that neither the Assignor nor the Assignee shall have any right to assign any rights, obligations or liabilities hereunder except in accordance with the terms of the Loan Agreement. No Person other than the parties hereto, the Lenders and their respective successors and assigns will have or be construed to have any legal or equitable right, remedy or claim under, in respect of, or by virtue of this Agreement. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.

assistant: General
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: Neither the Board nor any Committee member, nor any Person acting at the direction of the Board or the Committee, shall be liable for any act, omission, interpretation, construction or determination made in good faith with respect to the Plan or any Award or Award Agreement. The Company and its Subsidiaries shall pay or reimburse any member of the Committee, as well as any other Person who takes action on behalf of the Plan, for all reasonable expenses incurred with respect to the Plan, and to the full extent allowable under Applicable Law shall indemnify each and every one of them for any claims, liabilities, and costs (including reasonable attorney’s fees) arising out of their good faith performance of duties on behalf of the Company with respect to the Plan. The Company and its Subsidiaries may, but shall not be required to, obtain liability insurance for this purpose.

assistant: Indemnifications
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 Board may amend, modify or terminate this Agreement, including but not limited to, substituting another option of the same or a different type and changing the date of exercise or realization. Notwithstanding the foregoing, the Participant’s consent to such action shall be required unless the Board determines that the action, taking into account any related action, would not materially and adversely affect the Participant.

assistant: Amendments
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 held that it was not a stay violation for the United States to reduce to judgment (but not enforce) its claim for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act, better known as "CERCLA.” Id. at 209. Here, a possible result of the ITC Action would not involve any monetary award against Spansion, but if Samsung's position is upheld, immediate injunctive relief directed against Spansion's ability to import its products would follow. Thus, the Samsung Action not only implicates the stay of § 362(a)(1), but also the stay of § 362(a)(3), which prevents any act to exercise control over property of the estate. 8 . See also Koken v. Reliance Group Holdings, Inc. (In re Reliance Group Holdings, Inc.), 273 B.R. 374, 386 (Bankr.E.D.Pa.2002) (<HOLDING>) 9 . The Qimonda Court also recognized that the Options: A. holding that an emergency petition by an insurance commissioner in her capacity as liquidator of an insurance company that was whollyowned by the debtor holding company was not an exercise of police and regulatory powers because it sought to take control of the debtors assets to allow certain policyholders and creditors to gain a pecuniary advantage over other creditors of the debtors estate B. holding secured creditors refusal to turn over property of debtors estate to debtor upon demand constituted an exercise of control over such property in violation of automatic stay C. holding that notice and a hearing were required before the commissioner of insurance could require an insurance company to change its definition of at fault in order to secure approval of an increase in insurance rates D. holding that the interest of the public especially the debtor and creditors could limit compensation to a debtors counsel E. holding that a closing protection letter offering to indemnify a mortgage company was not an insurance contract where although issued by an insurance company there was no distribution of the risk

assistant: The best answer is A. holding that an emergency petition by an insurance commissioner in her capacity as liquidator of an insurance company that was whollyowned by the debtor holding company was not an exercise of police and regulatory powers because it sought to take control of the debtors assets to allow certain policyholders and creditors to gain a pecuniary advantage over other creditors of the debtors estate
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: Without limiting Article VI , Officers and employees of the Company shall, in their capacities as such, be expected to perform their duties and make decisions in furtherance of the best interests of the Company, regardless of whether such Officers or employees are designated or seconded by a particular Member or Director or any Affiliates thereof. Without limiting Article VI , such Officers and employees shall, in their capacities as such, be subject to (a) the same fiduciary duty of loyalty as are employees and officers of corporations under the Law of the State of Delaware and (b) liability for Damages in the performance of such duty (in addition to any liabilities arising from their intentional fraud, bad faith failure to act in the best interests of the Company (taking into account the Company Purpose and the Company Scope) or knowing willful misconduct).

assistant: Duties
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: in the event that any provision of these terms is held to be invalid or unenforceable , then that provision will be limited or eliminated to the minimum extent necessary , and the remaining provisions of these terms will remain in full force and effect .

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 case excerpt and choose the best holding from the options. Case excerpt: not domiciled or resident in the foreign country ... has never been recognized in any state in the United States, and has been universally rejected.” Related to these arguments is her contention that COL 35 is wrong. 1.Dominican Decree not entitled to pro forma recognition In COL 35, the family court found: 35. The [Dominican] Decree is recognized by the [family court] under the principle of comity. Metcalf v. Voluntary Employees’ Be 049, 1051 (1985) (stating United States courts will not generally recognize judgment of divorce granted by court of foreign nation unless, by standards of jurisdiction in which recognition is sought, at least one spouse was good-faith domiciliary in foreign nation at time decree was rendered); Mayer v. Mayer, 66 N.C.App. 522, 311 S.E.2d 659, 664 (1984) (<HOLDING>); Basiouny, 445 So.2d at 919 (holding that Options: A. holding that a foreign subsidiary that is not registered to do business in north carolina has no place of business employees or bank accounts in north carolina does not design manufacture or advertise its products in north carolina and does not solicit business in north carolina cannot be subject to personal jurisdiction in north carolina even if some of the companys products do enter north carolina through the stream of commerce B. holding to the extent that the foreign decree attempts to affect title to property in north carolina it is void C. holding that dominican court had insufficient jurisdiction to issue divorce decree to two persons domiciled in north carolina and citing to annot 13 alr3d 1419 stating that the great weight of authority in this country is that divorces granted in foreign countries to persons who are domiciliaries of the united states are not valid and enforceable D. holding that foreign states are not persons entitled to rights under the due process clause E. holding inter alia that a united states court retains jurisdiction over persons arrested on a foreign ship beyond the us navigable waters when said arrest violates a treaty to which the united states and the foreign country are parties

assistant: The best answer is C. holding that dominican court had insufficient jurisdiction to issue divorce decree to two persons domiciled in north carolina and citing to annot 13 alr3d 1419 stating that the great weight of authority in this country is that divorces granted in foreign countries to persons who are domiciliaries of the united states are not valid and enforceable
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 421 U.S. 656 95 S.Ct. 2003 44 L.Ed.2d 486 Peggy J. CONNOR et al., Appellants,v.William L. WALLER, Governor of Mississippi, et al. No. 74—1509. June 5, 1975. PER CURIAM. 1 This is an appeal from a judgment entered May 22, 1975 by a three-judge court for the Southern District of Mississippi. The judgment is reversed. the District Court erred in holding that House Bill No. 1290 and Senate Bill No. 2976, Mississippi Laws, 1975, Regular Session, are not legislative enactments required to be submitted pursuant to § 5 of the Voting Rights Act of 1965, 79 Stat. 439, as amended, 84 Stat. 315, 42 U.S.C. § 1973c. Georgia v. United States, 411 U.S. 526, 93 S.Ct. 1702, 36 L.Ed.2d 472 (1973). Those Acts are not now and will not be effective as laws until and unless cleared pursuant to § 5. The District Court accordingly also erred in deciding the constitutional challenges to the Acts based upon claims of racial discrimination. Perkins v. Matthews, 400 U.S. 379, 91 S.Ct. 431, 27 L.Ed.2d 476 (1971); Allen v. State Board of Elections, 393 U.S. 544, 89 S.Ct. 817, 22 L.Ed.2d 1 (1969). 2 This reversal is, however, without prejudice to the authority of the District Court, if it should become appropriate, to entertain a proceeding to require the conduct of the 1975 elections pursuant to a court-ordered reapportionment plan that complies with this Court's decisions in Mahan v. Howell, 410 U.S. 315, 93 S.Ct. 979, 35 L.Ed.2d 320 (1973); Connor v. Williams, 404 U.S. 549, 92 S.Ct. 656, 30 L.Ed.2d 704 (1972); and Chapman v. Meier, 420 U.S. 1, 95 S.Ct. 751, 42 L.Ed.2d 766 (1975). 3 Reversed. 4 Mr. Justice MARSHALL, concurring. 5 I am of the opinion that the per curiam in this case should be made clear by adding a paragraph similar to the concluding paragraph of our opinion in Georgia v. United States, 411 U.S. 526, 541, 93 S.Ct. 1702, 1711, 36 L.Ed.2d 472 (1973). Therefore, I would add the following paragraph in this case: 6 'The case is remanded with instructions that any future elections in Mississippi under House Bill No. 1290 and Senate Bill No. 2976, Mississippi Laws, 1975, Regular Session, be enjoined unless and until the State, pursuant to § 5 of the Voting Rights Act of 1965, tenders to the Attorney General a plan to which he does not object, or obtains a favorable declaratory judgment from the District Court for the District of Columbia.' 7 Mr. Justice DOUGLAS took no part in the consideration or decision of this appeal.

assistant: 2
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: in the original) (citing Hinchliffe v. American Motors Corp., 184 Conn. 607, 440 A.2d 810, 815 (1981))). Thus, the district court correctly concluded that the jury’s award of punitive damages on the unjust enrichment count contravened Connecticut law. We note that the jury’s award was likely due to the fact that both the jury charge and the special verdict form failed to instruct the jury that it could not award punitive damages on the unjust enrichment count. The district court, however, in denying the motion for punitive damages, caught this error and corrected it before entering judgment for Edible Arrangements. A trial court certainly may correct a legal error of its own, prior to or even after entering a final judgment. Cf. In re 310 Assocs., 346 F.3d 31, 35 (2d Cir.2003) (<HOLDING>); Schildhaus v. Moe, 335 F.2d 529, 531 (2d Options: A. holding that when the district court mistakenly ordered prejudgment interest and a motion to amend was made more than one year after entry of judgment no relief was available under rule 60b6 because rule 60b1 clearly applied B. recognizing that the district court is afforded broad discretion in ruling on motions for relief from judgment C. holding that the court was precluded from considering whether the district court had abused its discretion in ruling on defendants summary judgment motion before allowing plaintiff to conduct requested discovery where the plaintiff had not filed an affidavit pursuant to rule 56f and stating that when a party does not avail himself of relief under rule 56f it is generally not an abuse of discretion for the district court to rule on the motion for summary judgment citation omitted D. holding in a case where the plaintiff had argued that the district court lacked jurisdiction to amend its judgment more than ten days after entry because that is the time limit under federal rule of civil procedure 59 that a district court can amend its judgment because of mistake or inadvertence months after judgment has been entered pursuant to rule 60b of the federal rules of civil procedure E. holding that motions for relief from judgment or order brought under federal rule of civil procedure 60b1 provide means for a district court to correct legal errors by the court internal citation omitted

assistant: The best answer is E. holding that motions for relief from judgment or order brought under federal rule of civil procedure 60b1 provide means for a district court to correct legal errors by the court internal citation omitted
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: an important mitigating factor that the jury did not have an opportunity to consider. The testimony by Frierson’s parents did not begin to describe the magnitude of Frierson’s problem with drugs. 13 . We also note that "overwhelming evidence of guilt does not ameliorate the failure to present mitigating evidence at the penalty phase.” Caro, 165 F.3d at 1227. 14 . In 1972, White and Frierson were both charged with first degree murder for the death of Douglas Green. The juvenile court sustained the petition against Frierson and acquitted White of that charge. Fourteen years later, in October 1986, White allegedly confessed to killing Green during an interview with Lieman and defense investigator Ingwer-sen. 15 . See Breed v. Jones, 421 U.S. 519, 529, 95 S.Ct. 1779, 44 L.Ed.2d 346 (1975) (<HOLDING>); Bretz v. Crist, 546 F.2d 1336, 1343 (9th Options: A. holding that although the juvenile restitution statute does not expressly require the juvenile court to determine whether the juvenile has the ability to pay the restitution ordered as a condition of probation the policies underlying the adult restitutions command that a trial court make such an inquiry applies with equal force to juvenile courts B. holding that juvenile adjudications may not be used for impeachment purposes because the disposition of a juvenile does not constitute a criminal conviction C. holding that jeopardy attaches in juvenile adjudication that determines whether juvenile violated criminal law D. recognizing that an inquiry into the conduct underlying a defendants juvenile adjudication may be admissible under rule 11608b nmra if the prosecution does not specifically question the defendant about the juvenile adjudication and does not otherwise present any evidence regarding the defendants juvenile adjudication E. holding juveniles statement inadmissible when after being placed in custody police took juvenile to police station and held juvenile in area where adult suspects were held instead of taking juvenile to a juvenile processing office or any of the places listed as an alternative in section 5202 and placing juvenile in specifically designated office for juveniles

assistant: The best answer is C. holding that jeopardy attaches in juvenile adjudication that determines whether juvenile violated criminal law
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: Courts ordinarily rely in deciding a motion to dismiss, "while constantly assuming the plaintiff's allegations to be true.” Id. at 2509, 2511-12. 75 . Id. at 2504-05. 76 . Id. at 2510 (citation omitted). 77 . Id. at 2511. Accord id. at 2510 ("A complaint will survive ... only if a reasonable person would deem the inference of scienter cogent and at least as compelling as any opposing inference one could draw from the facts alleged.”). 78 . ATSI, 493 F.3d at 99 (quoting 15 U.S.C. § 78u-4(b)(Z)). 79 . Id. at 105 (affirming the dismissal of plaintiffs' misrepresentations claims) (citing Lentell v. Merrill Lynch & Co., 396 F.3d 161, 172 (2d Cir.2005)). 80 . Rombach, 355 F.3d at 172 (quotation omitted). Accord In re Vivendi Universal, S.A. Sec. Litig., 381 F.Supp.2d 158, 182 (S.D.N.Y.2003) (<HOLDING>); In re Oxford Health, 187 F.R.D. 133, 140 Options: A. holding that statements that a company was financially solid were actionable where defendants did not have a reasonable basis for them B. holding that alleged statements to thirdparties did not substantiate a hostile work environment claim where there was insufficient information as to when the statements were made how knowledge of them was acquired and when the plaintiff was informed of them if she was C. holding that public utility company is not liable for inaccessible bus company it licenses where there is no contract between them D. holding that even if defendants knew that the company had inventory problems that fact standing alone does not show that defendants knew that the statements in their prospectus or other representations were materially false or misleading at the time the material statements were made E. holding that the defendants were not entitled to qualified immunity where it was not objectively reasonable for them to believe that failing to develop ieps which contained the required information did not violate the plaintiffs statutory rights

assistant: The best answer is A. holding that statements that a company was financially solid were actionable where defendants did not have a reasonable basis for them
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 Obligor shall and shall cause all of its Subsidiaries to (a) keep and maintain all property material to the conduct of the Obligors and its Subsidiaries’ business in good working order and condition, ordinary wear and tear excepted, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect, and (b) maintain, with financially sound and reputable insurance companies, insurance in such amounts and against such risks as are customarily maintained by companies engaged in the same or similar businesses operating in the same or similar locations.

assistant: Insurances
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: rear tires went co saw the marked cruiser and was attempting to comply with traffic laws, I find it highly unlikely that the rear wheels went substantially onto the shoulder three times in half a mile. While Sugar did not deny the possibility that a rear tire went over the line because it was á large van, he did not notice a problem. Regardless, such one-time movement was not a violation of the Missouri statute. Accordingly, the initial stop was not reasonable or justified by probable cause under Missouri law. Because “the stop of the car is held unlawful, the drugs should be suppressed as the fruit of the poisonous tree.” United States v. Rowell, 2004 WL 555261 at *6 (D.Mass. March 18, 2004); see also Wong Sun v. United States, 371 U.S. 471, 487-88, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963) (<HOLDING>). C. The Continued Seizure Even if the initial Options: A. holding that evidence that would not have been obtained but for an unlawful search must be excluded as fruit of the poisonous tree B. holding incriminating statements defendant made after a detective questioned defendant about serial numbers the detective had obtained during an unlawful search of a stolen car were fruit of the poisonous tree C. holding that if police conduct unconstitutional searches that acquire information used to obtain a search warrant then evidence seized during the later search conducted pursuant to warrant would be inadmissible as fruit of the poisonous tree D. holding evidence found pursuant to warrant based on probable cause provided by prior illegal entry was inadmissible as fruit of the poisonous tree E. holding incriminating statements defendant made when police officers questioned him regarding heroin the officers found during an unlawful search of defendants house were fruit of the poisonous tree

assistant: The best answer is A. holding that evidence that would not have been obtained but for an unlawful search must be excluded as fruit of the poisonous tree
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 Participant acknowledges that any income or other taxes due from him or her with respect to this Option or the Shares issuable pursuant to this Option shall be the Participant’s responsibility. The Participant acknowledges and agrees that (i) the Participant was free to use professional advisors of his or her choice in connection with this Agreement, has received advice from his or her professional advisors in connection with this Agreement, understands its meaning and import, and is entering into this Agreement freely and without coercion or duress; (ii) the Participant has not received and is not relying upon any advice, representations or assurances made by or on behalf of the Company or any Affiliate or any employee of or counsel to the Company or any Affiliate regarding any tax or other effects or implications of the Option, the Shares or other matters contemplated by this Agreement; and (iii) neither the Administrator, the Company, its Affiliates, nor any of its officers or directors, shall be held liable for any applicable costs, taxes, or penalties associated with the Option if, in fact, the Internal Revenue Service were to determine that the Option constitutes deferred compensation under Section 409A of the Code.

assistant: Taxes