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: of litigation. Both Curry and Moscow deny giving or authorizing disclosure of the diary to Mr. Alexander, and Denis Daly, general counsel to Dayco, avers that only senior employees and officers of Dayco, and Dayco’s counsel and accountants have been permitted access to the diary. Exhibit attached to doc. # 79; doc. # 88. Plaintiffs have not offered any challenge to these statements, by way of affidavits or otherwise. Under these facts, and based on the Court’s in camera review of the document in question, it seems clear that the Curry diary should be considered to fall under both the attorney-corporate client privilege, and work-product immunity (for the latter, at least since December of 1981). See Baxter Travenol Laboratories, Inc. v. LeMay, 89 F.R.D. 410, 413-14 (S.D.Ohio1981) (<HOLDING>), appeal dismissed mem., 708 F.2d 721 (6th Options: A. holding that privilege applies in similar factual circumstances B. holding that no discovery is permissible in similar circumstances C. holding so under circumstances similar to the present ones D. recognizing privilege E. holding that in similar factual situation no due process violation occurred

assistant: The best answer is A. holding that privilege applies in similar factual circumstances
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: at trial by the State was far more than Reynolds accepts. In addition to the evidence Reynolds has noted, the State also introduced expert testimony from a medical examiner demonstrating that the injury to Reynolds’ hand was inconsistent with his explanation of the injury; testimony from a neighbor of the victims who saw Danny Privett sitting on Reynolds’ car, which was parked at the victims’ residence the night the crimes were committed; microscopic and DNA analysis of a pubic hair found at the crime scene matched a hair sample taken from Reynolds; Reynolds’ admission during an interview with law officers that he had a heated argument with Danny Privett; eyewitness testimony corroborating the circumstances surrounding the argument between Reynolds and Danny Privett; evidence that ) (<HOLDING>). Based on the foregoing, we conclude that Options: A. holding that evidence of prior uncharged sexual conduct with the victim is admissible to corroborate the victims testimony B. holding that evidence that the defendant had stalked threatened and assaulted the victim his exgirlfriend was evidence as to the nature of the defendants relationship with the victim and that it was relevant to establish motive C. holding that case involving evidence such as eyewitness testimony placing the defendant at the scene acknowledgment by the defendant of a dispute with the victim and theft of the victims purse and dna evidence suggesting that the defendant had engaged in sexual relations with the victim could not be deemed entirely circumstantial D. holding that before a defendant is entitled to introduce evidence of the victims character for violence there must be sufficient evidence to support a finding that the victim was the first aggressor and that once the defendant testified that he was attacked and cut by the victim without provocation before using the victims utility tool to stab the victim the defendant was clearly entitled to question the victim about past acts of violence reflected in court documents from the state of oregon E. holding that uncharged sexual acts committed upon the same victim are admissible to show the conduct of the defendant toward the victim and to corroborate the evidence of the offense charged in the indictment

assistant: The best answer is C. holding that case involving evidence such as eyewitness testimony placing the defendant at the scene acknowledgment by the defendant of a dispute with the victim and theft of the victims purse and dna evidence suggesting that the defendant had engaged in sexual relations with the victim could not be deemed entirely circumstantial
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: by the rational relationship test. The alleged class (or narrower class perceived by the court) has “none of the traditional indicia of suspectness ...," San Antonio Indep. School Dist. v. Rodriguez, 411 U.S. 1, 28, 93 S.Ct. 1278, 1294, 36 L.Ed.2d 16 (1972), and deprivation of public employment is not akin to abridgement of a fundamental right, Massachusetts Bd. of Retirement v. Murgia, 427 U.S. 307, 313, 96 S.Ct. 2562, 2566, 49 L.Ed.2d 520 (1976)— the two circumstances under which heightened or strict scrutiny would be warranted. In addition, to the extent that there exists, de facto or otherwise, a middle tier of analysis, plaintiffs do not contend that this case is appropriate for such review. See, e.g., Craig v. Boren, 429 U.S. 190, 197, 97 S.Ct. 451, 457, 50 L.Ed.2d 397 (1976) (<HOLDING>). 22 . We intimate no view at this time whether Options: A. holding that these fundamental decisions relate to the objectives of the representation that a client must make and an attorney must abide by B. recognizing an intermediate level of scrutiny in which the governmental objective must be important and the challenged law must be substantially related to that objective C. holding that all related matters must be arbitrated D. holding classifications by gender must serve important governmental objectives and must be substantially related to achievement of those objectives E. holding plaintiff must be closely related to victim

assistant: The best answer is D. holding classifications by gender must serve important governmental objectives and must be substantially related to achievement of those objectives
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: meets the statutory requirements for restitution is a question of law that is fully reviewable by the appellate court.” State v. Nelson, 796 N.W.2d 343, 346-47 (Minn.App.2011) (quotation omitted). A victim may request restitution if the defendant is convicted of a crime. Minn. Stat. § 611A.04, subd. 1(a). When considering restitution requests, courts look at, among other factors, “the amount of economic loss sustained by the victim as a result of the offense.” Minn.Stat. § 611A.045, subd. 1(a)(1) (2012). This court has interpreted the statute to require that the claimed loss be “directly caused by the conduct, for which the defendant was convicted.” State v. Latimer, 604 N.W.2d 103, 105 (Minn.App.1999) (quotation omitted); see also State v. Olson, 381 N.W.2d 899, 901 (Minn.App.1986) (<HOLDING>). Willis does not dispute that P.H. should Options: A. holding that court cannot order restitution under the mvra to persons who are not victims of the offenses for which the defendant was convicted B. holding that restitution is proper for victims losses that are directly caused by appellants conduct for which he was convicted C. holding that the amount of restitution is limited to the victims actual losses D. holding that restitution is proper under 2259 only to the extent the defendants offense proximately caused a victims losses E. holding that under the restitution provision of the supervised release statute 18 usc 3583 restitution can be ordered only for losses caused by the specific conduct that is the basis for the offense of conviction

assistant: The best answer is B. holding that restitution is proper for victims losses that are directly caused by appellants conduct for which he was convicted
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: At the Closing, the Company shall deliver to Buyer, the originals of the corporate minute books, books of account, contracts, records, and all other books or documents of the Company now in the possession of the Company or its representatives.

assistant: Records
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: for remediation services, and subsequently failing to pay for such services, which caused the state suit against Poole. After-disaster did not suffer property damage and therefore was .not seeking damages because .of property damage. Rather, Aft-erdisaster' is' in the business of “providing emergency remediation and repair services due to water damage,” (ECF No. 1-6 ¶ 1), and the damages it sought arose out of Poole’s non-accidental failure to honor its contractual obligations, which are purely economic losses in nature. That .Poole was sued for such losses does not constitute “property damage” caused, by an “occurrence” to trigger a duty to defend under the Nautilus policy. ’ See Holz-Her U.S., Inc. v. U.S. Fidelity & Guar. Co., 141 N.C.App. 127, 130, 539 S.E.2d 348, 351 (2000) (<HOLDING>); see also ePlus Grp., Inc. v. Banc of Am. Options: A. holding that insured had not substantially complied with the policys change of beneficiary provisions when the hospitalized insured was physically unable to leave her bed and was unable to retrieve the policy from her lock box at the bank to return to the company for endorsement as required by the terms of the policy B. holding that despite assurances from the insurance company that the insured could file the pol after femas deadline the insured could not collect because the insured was responsible for timely filing C. holding that there was no coverage because there was no occurrence within the meaning of the policy because defective workmanship does not constitute an accident or an occurrence under a commercial general liability policy D. holding that the underlying lawsuit did not involve an occurrence under the policy because refusing to lease equipment to a newlyformed company after already allegedly agreeing to do so even from the viewpoint of the insured was substantially certain to cause plaintiff delays and other consequential business injuries E. holding that the plaintiff made a prima facie case even though there was no evidence of causal connection other than the fact that the plaintiff was fired after bringing a lawsuit

assistant: The best answer is D. holding that the underlying lawsuit did not involve an occurrence under the policy because refusing to lease equipment to a newlyformed company after already allegedly agreeing to do so even from the viewpoint of the insured was substantially certain to cause plaintiff delays and other consequential business injuries
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: to the extent that any element of the skyscanner services and/or skyscanner platforms is hosted on a third party website ( for example , facebook or another social media website ) and there are separate terms and conditions of use relating to that third party website , you agree to fully comply with such terms and conditions .

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: the Supreme Court of Nevada stated that “the defenses preserved by Nevada’s Uniform Enforcement of Foreign Judgments Act and available under NRCP 60(b) are limited to those defenses that a judgment debtor may constitutionally raise under the full faith and credit clause and which are directed to the validity of the foreign judgment.” Rosenstein v. Steele, 103 Nev. 571, 573, 747 P.2d. 230, 232 (1987) (per curiam) (citations omitted); see also Marworth, Inc. v. McGuire, 810 P.2d 653, 657 (Colo. 1991) (en banc) (stating that under the Colorado UEFJA “[o]ur courts may consider C.R.C.P. 60(b) motions for relief from a foreign judgment only to the extent permitted by the full faith and credit clause”); Carr v. Belt, 1998 MT 266, ¶42, 291 Mont. 326, 338-39, 970 P.2d 1017, 1024 (1998) (<HOLDING>); Wooster v. Wooster, 399 N.W.2d 330, 333 (S.D. Options: A. holding this rule does not deny full faith and credit B. holding that a federal court must enforce a state court judgment under the full faith and credit statute where diversity jurisdiction exists C. holding that the district court lacked authority to enforce a foreign judgment where the plaintiff filed only an affidavit describing the foreign judgment and not a certified copy of the judgment itself in the first instance D. holding that a judgment of another states court is entitled to full faith and credit j when the judgment is considered final under the laws of the rendering state E. holding that a foreign judgment filed under the montana uefja may not be subjected to the same defenses and proceedings for reopening or vacating as a domestic judgment and remain consistent with full faith and credit the only defenses that may be raised to destroy the full faith and credit obligation owed to a final judgment are those defenses directed at the validity of the foreign judgment

assistant: The best answer is E. holding that a foreign judgment filed under the montana uefja may not be subjected to the same defenses and proceedings for reopening or vacating as a domestic judgment and remain consistent with full faith and credit the only defenses that may be raised to destroy the full faith and credit obligation owed to a final judgment are those defenses directed at the validity of the foreign judgment
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: only a limited and specified time period to discover breaches and damages that should be obvious upon regular and diligent inspection is intuitively obvious. Had these two accrual provisions not been reconcilable by construing the scheme as a whole, however, subsection 108(4), as the more specific of the two, would nevertheless prevail. See § 24-205. In Regional Transportation District v. Voss, we acknowledged and applied a rule favoring the application of the longer, rather than the shorter, of two equally applicable statutes of limitation. 890 P.2d 663, 668 (Colo.1995). Much like analogous rules of choice applicable to statutes or contractual provisions in other contexts, this rule is a rule of last resort. See id.; cf. People v. Thoro Prods. Co., 70 P.3d 1188, 1198-99 (Colo.2003) (<HOLDING>); Thomas F. Segalla, Couch on Insurance § 22:16 Options: A. recognizing rule B. holding rule of lenity in the penal context to be a rule of last resort C. holding that the rule of lenity applies to sentencing guidelines D. holding in sentencing guidelines context that the rule of lenity requires that we construe ambiguous terms in favor of the accused E. recognizing that the rule of lenity applies only after courts exhaust all other evidence of congressional meaning

assistant: The best answer is B. holding rule of lenity in the penal context to be a rule of last resort
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: shift blame to others for them own criminal actions, ie., Dr. Roman ignored petitioner’s culture or subculture — something the DSM-IV-TR requires before a diagnosis of “delusional disorder” can be made; (3) Dr. Conroy, who possesses a great deal of experience dealing with incarcerated criminals, testified in a wholly credible manner that petitioner’s “conspiracy theory” was little more than an attempt by petitioner to rationalize his current predicament; (4) Dr. Bailey, who evaluated petitioner in September, 2010, testified in a wholly credible manner that petitioner never told her about any conspiracy theory but, instead, simply repeated the same complaints about what petitioner perceives to be the unjustness of his conviction under the Texas law of parties that petitioner has b 997)(<HOLDING>). In other words, a CoA is granted or denied on Options: A. holding that on appeal from the denial of a 2255 motion appellate review is limited to the issues specified in the coa B. holding the scope of appellate review of denial of a habeas petition limited to the issues on which coa has been granted C. holding a coa is granted on an issuebyissue basis thereby limiting appellate review to those issues D. holding that appellate review is limited to the issues specified in the coa E. holding that appellate review in a habeas ease is limited to the issues specified in the coa

assistant: The best answer is B. holding the scope of appellate review of denial of a habeas petition limited to the issues on which coa has been granted
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: founded upon conclusory, vague or general allegations, but must instead, allege facts that show the existence of the asserted constitutional rights violation recited in the complaint and what each defendant did to violate the asserted right.” Terrance v. Northville Reg’l Psychiatric Hosp., 286 F.3d 834, 842 (6th Cir.2002). Further, “a supervisory official’s failure to supervise, control or train the offending individual is not actionable unless the supervisor either encouraged the specific incident of misconduct or in some other way directly participated in it.” Shehee v. Luttrell, 199 F.3d 295, 300 (6th Cir.1999)(internal quotation marks omitted). Moniz’s general allegations of Cox’s failure to supervise and investigate are insufficient to state a claim under these standards. See id. (<HOLDING>). In sum, we agree with the district court that Options: A. holding that supervisory liability under 1983 must be based on active unconstitutional behavior and cannot be based upon a mere failure to act internal quotation marks omitted B. holding that a rule 26b application based on ineffective assistance cannot function to save the underlying substantive claim from procedural default internal quotation marks omitted C. recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted D. holding that state officials cannot have been expected to predict the future course of constitutional law internal quotation marks omitted E. holding that individual liability under 1983 must be based on personal involvement in the alleged constitutional violation

assistant: The best answer is A. holding that supervisory liability under 1983 must be based on active unconstitutional behavior and cannot be based upon a mere failure to act internal quotation marks 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: 399, 405-06, 108 S.Ct. 1877, 100 L.Ed.2d 410 (1988). 25 . Section 301 of the L.M.R.A. provides exclusive federal jurisdiction over "suits for violation of contracts between an employer and a labor organization representing employees." 29 U.S.C. § 185; see Franchise Tax Board v. Construction Laborers Vacation Trust, 463 U.S. 1, 23, 103 S.Ct. 2841, 77 L.Ed.2d 420 (1983). Section 301 also "authorizes federal courts to fashion a body of federal law for the enforcement of these collective-bargaining agreements and includes within that federal law specific performance of promises to arbitrate grievances under collective bargaining agreements." Textile Workers v. Lincoln Mills, 353 U.S. 448, 451 (1975). 26 .See also Baker v. Farmers’ Electronic Coop. Inc., 34 F.3d 274, 284-85 (5th Cir.1994) (<HOLDING>). 27 . Article V of the Agreement, in pertinent Options: A. holding that 301 preempts state claims against nonsignatories where interpretation of the collective bargaining agreement is required for resolution B. holding section 301 preempted plaintiffs claim for tortious interference with contract because that claim would require interpretation of a collective bargaining agreement C. holding that in cases involving claims against fellow employees where the question of section 301 preemption has arisen courts have governed their determinations on the preemption by the necessity of referring to a collective bargaining agreement for resolution of the claim rather than by the individual status of the defendant D. holding that the statute of limitations applicable to a section 301 suit was the same as that which applies to suits against an employer for breach of the collective bargaining agreement E. holding that if the state law claim can be resolved without interpreting the agreement the claim is independent for 301 preemption purposes

assistant: The best answer is C. holding that in cases involving claims against fellow employees where the question of section 301 preemption has arisen courts have governed their determinations on the preemption by the necessity of referring to a collective bargaining agreement for resolution of the claim rather than by the individual status of the defendant
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: Borrowers may request, convert or continue Loans, select interest rates and transfer funds based on telephonic or e-mailed instructions to Agent. Borrowers shall confirm each such request by prompt delivery to Agent of a Notice of Borrowing or Notice of Conversion/Continuation, if applicable, but if it differs materially from the action taken by Agent or Lenders, the records of Agent and Lenders shall govern. Neither Agent nor any Lender shall have any liability for any loss suffered by a Borrower as a result of Agent or any Lender acting upon its understanding of telephonic or e-mailed instructions from a person believed in good faith by Agent or any Lender to be a person authorized to give such instructions on a Borrower's behalf.

assistant: Notices
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: civil suit). There is no indication that Tennessee courts have ever recognized DDS’s capacity to be sued in its own right. Because the court finds that DDS is not an entity independent from DHS, there is no need to separately apply the Ernst factors to DDS. B. Whether Congress has validly abrogated the DHS’s sovereign immunity The plaintiff argues that the court should find that DDS’s sovereign immunity has been “abrogated” with respect to all claims against DDS because DDS “administers the Social Security Disability Program and [is] primarily federally funded.” (Docket No. 10 at 1.) This argument is perhaps better understood as an argument for constructive consent to suit. See generally Parden v. Terminal Ry. of Ala. Docks Dept., 377 U.S. 184, 192, 84 S.Ct. 1207, 12 L.Ed.2d 233 (1964) (<HOLDING>); but see College Sav. Bank v. Florida Prepaid Options: A. holding that a state common law claim against a railroad for failure to provide adequate services after the railroad abandoned a line was preempted by frustration of purpose conflict with the interstate commerce act which delegated to the interstate commerce commissioner the authority to regulate abandomnent of lines by earners and broad discretion in determining whether abandonment should be permitted B. 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 C. holding that by operating a railroad in interstate commerce after the passage of federal employee liabilitys act alabama must be taken to have consented to suit D. holding after lopez that the interstate nexus element of the hobbs act still requires the government to show only a minimal connection to interstate commerce E. holding that the government can satisfy the hobbs act interstate commerce requirement by showing that the robbery resulted in the closure of a business engaged in interstate commerce

assistant: The best answer is C. holding that by operating a railroad in interstate commerce after the passage of federal employee liabilitys act alabama must be taken to have consented to suit
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: at 788, 118 S.Ct. 2275 (explaining that Title VII is not a "general civility code”). 32 . Although White’s brief includes two other allegations of race-based remarks by colleagues, neither of those allegations affects our analysis of her hostile work environment claim. First, White claims, based on the affidavit of a former coworker, that when she was out of the office "members of the management team and other office personnel referred to her as 'Sasquatch.' ” Because there is no evidence that White was aware of the remarks made behind her back, those alleged comments could not have contributed to a hostile work environment. See, e.g., Cottrill v. MFA, Inc., 443 F.3d 629, 636-37 (8th Cir.2006) (collecting cases); Edwards v. Wallace Community College, 49 F.3d 1517, 1522 (11th Cir.1995) (<HOLDING>). Second, White alleges that she and her sister Options: A. holding that supervisors routine vulgar references to plaintiff could not support a hostile work environment claim because plaintiff was unaware of the comments and to show that he or she perceived the environment as hostile a title vii plaintiff must at least have been aware of those comments B. holding that ajlthough a continuing pattern of hostile or abusive behavior is ordinarily required to establish a hostile environment a single instance can suffice when it is sufficiently egregious and holding that the plaintiff established that she suffered a sexually hostile working environment where she alleged she was raped by a male coworker C. holding that plaintiffs allegation of one incident where supervisor wrapped his arms around her and made sexually explicit statements was not sufficient to establish a claim of a hostile working environment absent the most stringent circumstances courts have refused to hold that one incident in itself was so severe as to create a hostile work environment D. 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 E. holding that plaintiff was not entitled to a presumption of nominal damages when she had failed to request them

assistant: The best answer is D. 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
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 and every right, power and remedy of the Pledgee provided for in this Agreement or in any other Secured Debt Agreement, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Pledgee or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Secured Debt Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Pledgee or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree that this Agreement may be enforced only by the action of the Pledgee, in each case, acting upon the instructions of the Required Lenders, and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Pledgee for the benefit of the Secured Creditors upon the terms of this Agreement and the Security Agreement.

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: The respective rights and obligations of the parties under this Agreement (including Sections 14 and 15) shall survive any termination of the Executive’s employment or termination or expiration of this Agreement to the extent necessary to the intended preservation of such rights and obligations.

assistant: Survival
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 have typically focused upon the right of the employer to control its annual budgetary and discretionary functions as well as the absence of an employee’s right to the continued existence of a particular means or method of compensation. In Keeling v. City of Grand Junction, 689 P.2d 679 (Colo.App.1984), for instance, the court found that an educational incentive pay program for police officers and firefighters did not create a contractual obligation. Id. at 680. The Court held that “plaintiffs do not have a vested contractual right in the continuance of a particular rate or method of compensation” and observed that “succeeding city councils are not bound by the legislative acts of their predecessors....” Id.; see also Schulz v. City of Longmont, 465 F.3d 433, 443 (10th Cir.2006) (<HOLDING>); Colo. Springs Fire Fighters Ass’n v. City of Options: A. holding that obligation to pay pension benefits gave rise to a constructive trust relationship and obligation was not discharged in bankruptcy B. holding that a determination by the trial court of a clear and definite amount for support is necessary in establishing a partys ability to pay and in enforcing the obligation in future proceedings C. holding that promises city made to pay annual step increases did not result in contractual obligation and municipalities retain ability to change compensation and benefits provided to employees D. holding even in context of employee manual that policy which included agreement to provide annual salary increase of five percent did not constitute contract between city and employees and distinction between atwill employees and public employees was not dispositive in this context E. holding that employers insurer who provided workers compensation benefits to employee but did not consent to employees settlement with thirdparty tortfeasor may maintain an action for payments that become payable in the future

assistant: The best answer is C. holding that promises city made to pay annual step increases did not result in contractual obligation and municipalities retain ability to change compensation and benefits provided to employees
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: To the extent any Agent or any of their officers, directors, Affiliates, attorneys, employees and agents (collectively, the “ Agent Indemnified Parties ”) is not reimbursed and indemnified by the Loan Parties, each Lender will reimburse and indemnify such Agent Indemnified Party in proportion to its respective portion of the outstanding Loans (or if indemnification is sought after the date on which all Loans shall have been paid in full, ratably in accordance with each Lenders’ respective portion of the outstanding amount of the Loans immediately prior to such date), from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including, without limitation, the reasonable fees and expenses of counsel to any such Agent Indemnified Party) or disbursements of any kind or nature whatsoever which may be imposed on, incurred by or asserted against such Agent Indemnified Party in performing its duties hereunder, or in any way relating to or arising out of this Agreement or any other Loan Document; provided , that Lenders shall not be liable for any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements resulting from such Agent Indemnified Party’s gross (not mere) negligence or willful misconduct (as determined by a court of competent jurisdiction in a final non-appealable judgment).

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 case excerpt and choose the best holding from the options. Case excerpt: Beacon argues that the indemnity clause in the CSA is invalid in its entirety because it does not explicitly require Beacon to indemnify Weaver for Weaver’s own negligent acts. Rather, the indemnity clause only protects Wéaver from “any and all liability” arising “as a result of their acts, errors, or omissions” and such general language cannot cover claims based on Weaver’s own negligence. See United Rentals Highway Technologies, Inc. v. Wells Cargo, Inc., — Nev. -, 289 P.3d 221, 226-228 (Nev.2012) (finding subcontractor’s duty to indemnify was limited to subcontractor’s own negligence or wrongful acts where indemnification clause did not explicitly state that subcontractor would also indemnify general contractor for general contractor’s own negligence); Reyburn, 255 P.3d at 274-75 (<HOLDING>); Star Ins. Co., 237 P.3d at 97-98 (“[Contracts Options: A. holding that subcontractor could recover damages from general contractor for delay in performance under state law B. holding in part that the liability insurance company of the subcontractor which had named the general contractor as an additional insured on the subcontractors policy was liable to reimburse the general contractor for a settlement payment the general contractor had made to the subcontractors employee C. recognizing the general rule that a property owner is not liable for the negligence of an independent contractor D. holding that where contract between contractor and subcontractor allowed subcontractor to recover if contractor recovered contractor was not barred from bringing suit on behalf of subcontractor E. holding that subcontractor was not obligated to indemnify general contractor for general contractors own negligence where indemnification clause did not expressly state that subcontractor would indemnify general contractor for such negligence

assistant: The best answer is E. holding that subcontractor was not obligated to indemnify general contractor for general contractors own negligence where indemnification clause did not expressly state that subcontractor would indemnify general contractor for such negligence
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: ( 5 ) communicate or post any user 's personal information in or on the world of warcraft , or websites or forums related to world of warcraft , except that a world of warcraft user may communicate his or her own personal information in a private message directed to a single user ;

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 THIRD AMENDMENT SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED UNDER THE LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PRINCIPLES THAT WOULD REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER STATE.

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 legal provision and list the applicable contract clause categories. Provision: Without limiting the foregoing, each Loan Party will, and will cause each of its Subsidiaries to, execute and deliver, or cause to be executed and delivered, to the Administrative Agent such documents, agreements and instruments, and will take or cause to be taken such further actions (including the filing and recording of financing statements, fixture filings and other documents and such other actions or deliveries of the type required by Section 4.01 , as applicable), which may be required by law or which the Administrative Agent may, from time to time, reasonably request to carry out the terms and conditions of this Agreement and the other Loan Documents and to ensure perfection and priority of the Liens created or intended to be created by the Collateral Documents.

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: The Grantors, jointly and severally, agree to pay, indemnify, and hold the Collateral Trustee and its officers, directors, employees and agents harmless from and against any and all liabilities, obligations, losses, damages, claims, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever with respect to the execution, delivery, enforcement, performance and administration of this Agreement, the Intercreditor Agreement and the Security Documents (including, but not limited to, actions by the Collateral Trustee to enforce its rights with respect to the Collateral), unless arising from the gross negligence or willful misconduct (in either case, as determined by a final judgment of a court of competent jurisdiction) of the Collateral Trustee or such of the agents as are seeking indemnification. The foregoing indemnities in this Section 5(f) shall survive the resignation or removal of the Collateral Trustee or the termination of this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: face of § 14; indeed, our decision in that case did not address § 14 at all. The petitioners also cite State Board of Education v. Waldrop, 840 So.2d 893 (Ala.2002), for the proposition that attorney fees may be awarded against the State claratory-judgment action “when it is nothing more than an action for damages.” Lyons, 858 So.2d at 263. As the Court of Civil Appeals noted in Moody v. University of Alabama, 405 So.2d at 717: “[W]hile an action for declaratory judgment against the state or its agencies which seeks the interpretation of a statute is generally not prohibited, ... such an action is prohibited when, as here, a result favorable to the plaintiff would directly affect a contract or property right of the state.” See also Stark v. Troy State Univ., 514 So.2d 46, 50 (Ala.1987) (<HOLDING>); and Unzicker v. State, 346 So.2d 931, 933 Options: A. holding compensatory and punitive damages constitute legal remedies B. holding that material prejudice was not present under the facts however an agency of the state was not a party to the action C. holding governmental immunity was not implicated in a declaratoryjudgment action seeking an interpretation of a competitive bidding statute as applied to the highway commissions policy of requiring all materials furnished under contracts be manufactured in the united states D. holding that punitive damages do not need to be proportional to compensatory damages E. holding that a declaratoryjudgment action seeking to compel officials to perform their legal duties was not barred by 14 however a portion of the action seeking compensatory damages could not be maintained

assistant: The best answer is E. holding that a declaratoryjudgment action seeking to compel officials to perform their legal duties was not barred by 14 however a portion of the action seeking compensatory damages could not be maintained
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 represents the entire agreement and understanding b e tween the Company and Executive concerning the subject matter of this Agreement and Executive's employment with and separation from the Company and the events leading thereto and associated therewith, and supersedes and replaces any and all prior agreements and understandings concerning the subject matter of this Agreement and Executive's relation s hip with the Company, with the exception of the Confidentiality Agreement and the Stock Agreements .

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 case excerpt and choose the best holding from the options. Case excerpt: of the United States under any statute of the United States except as otherwise provided by statute or by rules of the dis trict court or by order of the court in the proceedings. (emphasis added). This court has described the scope of Rule 81(a)(3) in broad terms, saying that its effect is to “make application of the rules of civil procedure in subpoena enforcement proceedings discretionary with the district court.” United States v. Se. First Nat’l Bank of Miami Springs, 655 F.2d 661, 663 (5th Cir. Unit B Sept.1981). Although the government did not present this argument before the district court, we are free to affirm the district court’s decision on any ground that is supported by the record. Am. United Life Ins. Co. v. Martinez, 480 F.3d 1043, 1059 (11th Cir.200 85 (9th Cir.1981) (<HOLDING>). In United States v. Miller, the Eighth Options: A. holding district court may treat bankruptcy courts findings and conclusions as proposed B. holding district court need not make findings and conclusions as required by rule 52a because under rule 81a3 that requirement could be modified by issuing an order C. holding that a reviewing court has the power to reject the findings and conclusions of the trial court where the findings are not supported by the evidence D. holding that a district courts findings under rule 52a are to be liberally construed in support of the district courts judgment E. holding that court is not required to state findings of fact and conclusions of law when denying 3582 motion

assistant: The best answer is B. holding district court need not make findings and conclusions as required by rule 52a because under rule 81a3 that requirement could be modified by issuing an order
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: S.Ct. 2180. Nothing in the record suggests Kolt was likely to be favored by Longaberger, and thus we assume Kolt is not a "party in interest” for purposes of this litigation. The reasoning in Harris Trust, however, supports a finding that Kolt is a proper party defendant. See Bombardier, 354 F.3d at 353-54 (stating "the Supreme Court's reasoning in Harris Trust influences us to conclude today that § 502(a)(3) authorizes a cause of action against a non-fidu 202 F.Supp.2d 461, 465 (E.D.N.C.2002) (indicating that "the Court would find a cause of action lies [under section 502(a)(3)] where there are allegations of attorney wrongdoing or his intentional effort to 'enable' plan participants to avoid plan provisions.”); Greenwood Mills, Inc. v. Burris, 130 F.Supp.2d 949, 960 (M.D.Tenn.2001) Options: A. holding that only members of the enumerated classes have standing to bring a civil action under erisa section 502a3 B. holding that a lawyer who is fully aware of his clients obligation under an erisa plan to honor the subrogation interest of his employer may be held liable under section 502a3 of erisa C. holding that erisa does not preempt the plaintiffs claim that the erisa plan administrator is liable for medical malpractice where the plaintiff premised the claim solely on state law and did not invoke the erisa plan D. holding that claims for equitable relief under 502a3 are only available when a plaintiff has no other relief under erisa E. holding that because an erisa plan is not a participant beneficiary or fiduciary subject matter jurisdiction did not exist under 502e of erisa over a suit brought by such a plan

assistant: The best answer is B. holding that a lawyer who is fully aware of his clients obligation under an erisa plan to honor the subrogation interest of his employer may be held liable under section 502a3 of erisa
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 date, amount, interest rate, Type, Class and duration of Interest Periods (if applicable) of each Loan made by each Lender to the Borrower, and each payment made on account of the principal thereof, shall be recorded by such Lender on its books and such entries shall be binding on the Borrower absent manifest error; provided, however, that (i) the failure of a Lender to make any such record shall not affect the obligations of the Borrower under any of the Loan Documents and (ii) if there is a discrepancy between such records of a Lender and the statements of accounts maintained by the Administrative Agent pursuant to Section 3.8., in the absence of manifest error, the statements of account maintained by the Administrative Agent pursuant to Section 3.8. shall be controlling.

assistant: Records