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: and “the failure to provide a child with food, clothing, or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused.” Id. § 261.001(4)(A), (B)(iii). These definitions are not exhaustive. See Tex. Gov’t Code Ann. § 311.005(13) (Vernon 2005) (stating that term “includes” is term of enlargement and not of exclusive enumeration); C.B., 376 S.W.3d at 249 & n. 10 (citing Government Code section 311.005(13) and concluding enumerated acts and omissions are not exhaustive). In addition, Texas Supreme Court case law, through its definition of child endangerment, is instructive on what constitutes abuse or neglect under Chapters 262 and 161 of the Code. See Boyd, 727 S.W.2d at 533 (<HOLDING>) (internal citations omitted); see also In re Options: A. holding that use of tangible property must be proximate cause of injury and that property does not cause injury if it does no more than furnish the condition that makes the injury possible B. holding that prejudice or injury is a necessary element of standing C. holding due process does not require jury unanimity on particular act or omission submitted as alternate means of committing the conduct element of the offense of injury to a child D. holding that injury to broker through loss of commission was not antitrust injury E. holding that endanger means more than a threat of metaphysical injury or the possible ill effects of a lessthanideal family environment but it is not necessary that the conduct be directed at the child or that the child actually suffers injury rather endanger means to expose to loss or injury to jeopardize

assistant: The best answer is E. holding that endanger means more than a threat of metaphysical injury or the possible ill effects of a lessthanideal family environment but it is not necessary that the conduct be directed at the child or that the child actually suffers injury rather endanger means to expose to loss or injury to jeopardize
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications hereunder shall be in writing and shall be given by hand delivery to the other party or by reputable overnight courier or registered or certified mail, return receipt requested, postage prepaid, addressed as follows: (i) if to the Executive, to his home address as it appears on the personnel records of the Company; and (ii) if to the Company, to the General Counsel of the Company at the Company’s principal executive offices, or, in each case, to such other address as either party shall have furnished to the other in writing in accordance herewith. Notices and communications shall be effective when personally delivered, on the date of delivery by overnight courier or on the second business day following the day on which such item was mailed.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by installing , accessing or using the rovio services , you consent to these information collection and usage terms , including ( where applicable ) the transfer of data into a country outside of the european union and/or the european economic area or the united states of america .

assistant: Contract by using
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: Maintain with financially sound and reputable insurance companies property insurance, liability insurance and environmental insurance in such amounts, subject to such deductibles and self-insurance retentions and covering such properties and risks as is customarily maintained by similarly situated businesses, and the Borrower will furnish to any Lender upon request full information as to the insurance carried.

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 legal provision and list the applicable contract clause categories. Provision: In addition to the Late Charge, Tenant agrees to pay Landlord interest in the amount of 12% of any installment of the Monthly Payment not paid when due, but in no event more than the interest charge allowed by law. This provision for Late Charges and any interest charge shall be in addition to all other rights and remedies available to Landlord hereunder or at law or in equity and shall not be construed as liquidated damages or limiting Landlord's remedies in any manner.

assistant: Interests
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 actual damages and the punitive damages is the same. The jury in the state case found that Scarborough willfully and maliciously injured Fischer by instigating the criminal charges and the petition for a protective order. Scarborough’s willful and malicious conduct resulted in the actual damages and, with the jury’s finding of outrageousness, supported the punitive damages. Because the holding in In re Ratcliff, 199 B.R. 185 (Bankr.W.D.Mo.1996), the decision relied on by the bankruptcy court in this case, differs from our opinion, we decline to follow it. Finally, we note that our holding today regarding the dischargeability of punitive damages is consistent with our sister Circuits. See Abbo v. Rossi, McCreery & Assocs., Inc. (In re Abbo), 168 F.3d 930, 931-32 (6th Cir.1999) (<HOLDING>); Hagan v. McNallen (In re McNallen), 62 F.3d Options: A. holding without discussion of the punitive damages issue that judgment for embezzlement which included actual and punitive damages was nondischargeable B. holding punitive damages nondischargeable under 523a6 when such damages are based on the same conduct as the underlying nondischargeable judgment C. holding nondischargeable postpetition interest on debt that was determined to be nondischargeable under section 523a2 as obtained by fraud D. holding that in a chapter 7 case postpetition interest on a nondischargeable tax claim is also nondischargeable E. holding that punitive damages which are based on the same underlying action justifying nondischargeability of compensatory damages are likewise nondischargeable

assistant: The best answer is B. holding punitive damages nondischargeable under 523a6 when such damages are based on the same conduct as the underlying nondischargeable 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 legal provision and list the applicable contract clause categories. Provision: The Borrower will not, nor will it permit any of its Subsidiaries to, directly or to the knowledge of the Borrower, indirectly, use the proceeds of any Credit Event, or lend, contribute or otherwise make available such proceeds to any Subsidiary, joint venture partner or other individual or entity, to fund or facilitate any activities of or business with any individual or entity that, at the time of such funding, is the target of Sanctions (target and/or subject of sanctions signifying a person with whom a person obliged to comply with applicable sanctions regulations would be prohibited or restricted by law from engaging in certain transactions) or in any Designated Jurisdiction, in each case, unless authorized by the relevant sanctions authority, or in any other manner that will result in a violation by any party hereto (including any individual or entity participating in the transaction, whether as Lender, Administrative Agent, Agents, Letter of Credit Issuer, Swingline Lender, or otherwise) of Sanctions.

assistant: Sanctions
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: emphasizes that it did not contest the admission of an OSHA violation as evidence of negligence in Ries and asks the Court to adopt the reasoning of Judge Nygaard’s concurring opinion, which argued violations of OSHA should not be introduced even as evidence of negligence under FELA. D.I. 32 at 6 n. 1; D.I. 35 at 5 n. 2. The Court will not disregard controlling ease law from the Third Circuit Court of Appeals. The majority opinion in Ries clearly permits the use of OSHA violations as evidence of negligence under FELA. 960 F.2d at 1162. Further, the great weight of authority in other circuits suggests OSHA violations are admissible as evidence of negligence under FELA. See, e.g., Manes v. Metro-North Commuter R.R., 801 F.Supp. 954, 964-65 (D.Conn.1992), aff'd, 990 F.2d 622 (2d Cir.1993) (<HOLDING>); Albrecht v. Baltimore & Ohio R.R. Co., 808 Options: A. holding a violation of 49 cfr 21835 constitutes a fela negligence per se claim B. holding that occupational health and safety administration osha standards were admissible C. holding osha regulations admissible as evidence of negligence under fela D. holding that where train speed and locomotive design complied with federal regulations railroad employees fela claims were preempted by the frsa since congress has established a policy of national uniformity of laws rules regulations orders and standards E. holding osha violations may be used as evidence of negligence per se under fela

assistant: The best answer is C. holding osha regulations admissible as evidence of negligence under fela
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 capitalized words and phrases used throughout the Supplement shall have the meanings in Section 2, unless the context requires otherwise. Unless otherwise plainly required by the context, any gender may be construed to include all genders, and the singular or plural may be construed to include the plural or singular, respectively. The section headings in the Supplement have been inserted for the convenience of reference only and are not to be considered in the interpretation of the Supplement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time pledge or assign a security interest in all or any portion of its rights under this Agreement to secure obligations of such Lender, including any pledge or assignment to secure obligations to a Federal Reserve Bank, the European Central or any other applicable central bank or Official Body; provided that no such pledge or assignment shall release such Lender from any of its obligations hereunder or substitute any such pledgee or assignee for such Lender as a party hereto.

assistant: Successors
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 Plaintiffs’ Activities Involved Interstate Commerce The final question is whether the plaintiffs’ activities involved interstate commerce. For the purpose of the Motor Carrier Act exemption, “[a] carrier engages in interstate commerce by either actually transporting goods across state lines or transporting within a single state goods that are in the flow of interstate commerce.” Barefoot, 16 F.3d 1216, at *2 (citing Merchants Fast Motor Lines, Inc. v. I.C.C., 528 F.2d 1042, 1044 (5th Cir. 1976)); see also 29 C.F.R. § 782.7(b)(1) (“Highway transportation by motor vehic e intrastate transport of empty bottles destined for a bottling plant outside the state was a part of interstate commerce); Glanville v. Dupar, Inc., No. H-08-2537, 2009 WL 3255292, at *9-10 (S.D.Tex. Sept. 25, 2009) (<HOLDING>). The Eleventh Circuit has specifically Options: A. holding that the connection between the robbery and interstate commerce was much more direct than in wang because at the time of the robbery the victim in walker was selling illegal drugs that had traveled through interstate commerce B. recognizing that the interstate nexus requirement is satisfied by proof of a probable or potential impact on interstate commerce C. holding that the time appliances were at a distribution center within the state did not break the continuity of interstate movement the subsequent delivery from the distribution center was the last phase in the interstate shipment D. 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 E. 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

assistant: The best answer is C. holding that the time appliances were at a distribution center within the state did not break the continuity of interstate movement the subsequent delivery from the distribution center was the last phase in the interstate shipment
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 Arbitrator shall have the authority to resolve all Covered Claims with finality, in accordance with the rules of AAA, except that the Arbitrator shall not have the authority to hear a Covered Claim on a class, collective, consolidated or representative basis, nor shall the Arbitrator have the authority to grant classwide relief, relief on a consolidated basis, or other relief extending beyond the individual claimant. The Arbitrator shall have the authority to award all remedies available to the Company, and to you, individually, under applicable law.

assistant: Authority
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: that “a large percentage of his income comes from doing examinations and giving testimony for defendants and insurance companies and that more than approximately 90% of his opinions are contrary to the opinions of the physicians who actually treat the patients.” (Paper No. 24 at p. 4). It is true that Rule 35 confers on the moAÚng party no absolute right to choose the examiner, and that the Court has the authority to reject an examiner proposed by a party upon a sufficient shoAving of bias or prejudice. See 8A Charles A. Wright et al., Federal Practice and Procedure § 2234.2, at 486; cf. Main v. Tony L. Sheston-Luxor Cab Co., 249 Iowa 973, 89 N.W.2d 865 (1958) (rejecting physician who was also a client of defendant’s attorney); Adkins v. Eitel, 2 Ohio App.2d 46, 206 N.E.2d 573 (1965) (<HOLDING>). In this case, however, even assuming the Options: A. holding that a district court may preclude a defendant from invoking the adviceofcounsel defense when he refused to answer questions regarding relevant communications with counsel B. holding district court did not abuse its discretion by allowing government to ask leading questions of eightyearold witness reluctant to testify regarding sexual abuse C. holding failure to object to conditioning instructions waived error arising from the jurys failure to answer question when answer could not be implied and that lack of objection waived right to new trial to have jury answer questions D. holding that an inmates eighth amendment legal claims were straightforward and that the district court did not abuse its discretion by refusing to appoint counsel E. holding an abuse of discretion by trial court to appoint physician when attorney refused four times to answer questions regarding his business relationship avith the doctor

assistant: The best answer is E. holding an abuse of discretion by trial court to appoint physician when attorney refused four times to answer questions regarding his business relationship avith the doctor
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: No broker, finder or investment banker is entitled to any brokerage, finder’s or other fee or commission in connection with the transactions contemplated hereby based upon arrangements made by or on behalf of Patriot or the Bank.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural Person, a Defaulting Lender or the Borrower or any of the Borrower’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations, (iii) the Borrower, the Administrative Agent, the Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement, (iv) the amount of the participation sold shall not be less than $5,000,000 or increments of $1,000,000 in excess thereof, (v) the participations may be sold only to Qualified Institutional Buyers, (vi) the participants may not sell additional participations, and (vi) the Lender shall provide notice of such participation to the Administrative Agent and the Borrower. For avoidance of doubt, each Lender shall be responsible for the indemnity under Section 10.04(c) without regard to the existence of any participation.

assistant: Participations
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: Subsequent to the receipt by Tenant of Notice from Landlord as to the identity of any Superior Mortgagee (which Notice shall be accompanied by a copy of the applicable Mortgage and the address of the Superior Mortgagee), no notice from Tenant to Landlord as to the Leased Property shall be effective unless and until a copy of the same is given to such Superior Mortgagee at the address set forth in the above described Notice, and the curing of any of Landlord’s defaults by such Superior Mortgagee shall be treated as performance by Landlord.

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: that the court’s decision to strike defendants’ pleadings and enter default was just, related to the claims at issue in the violated discovery order, and supported by a careful written analysis of the pertinent factors. Additionally, we conclude that appellants’ continued discovery abuses and failure to comply with the district court’s first sanction order evidences their willful and recalcitrant disregard of the judicial process, which presumably prejudiced Dingwall, Yang, and Chai. See Hamlett v. Reynolds, 114 Nev. 863, 865, 963 P.2d 457, 458 (1998) (upholding the district court’s strike order where the defaulting party’s “constant failure to follow [the court’s] orders was unexplained and unwarranted”); In re Phenylpropanolamine (PPA) Products, 460 F.3d 1217, 1236 (9th Cir. 2006) (<HOLDING>). In light of appellants’ repeated and Options: A. holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law B. holding that absent extraordinary circumstances a failure to comply with the statute requires a dismissal with prejudice C. holding default was the appropriate remedy for failure to comply with numerous court orders and discovery requests D. holding that dismissal for failure to comply with discovery orders is on the merits E. holding that with respect to discovery abuses prejudice from unreasonable delay is presumed and failure to comply with court orders mandating discovery is sufficient prejudice

assistant: The best answer is E. holding that with respect to discovery abuses prejudice from unreasonable delay is presumed and failure to comply with court orders mandating discovery is sufficient prejudice
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 Partner, at the time of its execution of this Agreement, represents and warrants that, the execution and delivery of this Agreement, the formation or continuation of the Partnership, as the case may be, and the performance of its obligations hereunder will not contravene or conflict with any provision of law or of the charter or bylaws of such Partner, or contravene, conflict with or constitute a default under, any indenture, mortgage, instrument or other agreement of such Partner or any order, rule or regulation of any court, commission or governmental agency applicable to such Partner. Each Partner further represents, warrants and covenants that (a) it is, and for so long as it is a Partner hereunder it will do or cause to be done all things necessary to continue to be, a corporation, limited liability company, or partnership duly organized, validly existing and in good standing under the laws of its jurisdiction of formation, and (b) the execution and delivery of this Agreement has been duly authorized, and this Agreement, when executed and delivered by such Partner, will be its valid and binding agreement, enforceable in accordance with the terms hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that is, whether Novar even owed a duty of reasonable care to Indalex’s employees with respect to workplace safety. Plaintiff nevertheless argues that the allegations in paragraph 9 of its Complaint “that Defendants Novar pic and Novar, Inc. actively undertook ‘control over the facilities, equipment and operation [of In-dalex] ... including the operational and safety policies and procedures’ ” are sufficient to show that Novar assumed a duty of care towards Plaintiffs employees. (Pl.’s Br. Opp. Novar’s Mot. Dismiss at 12 (quoting Compl. ¶ 9) (second alteration in original).) The Court finds, however, that paragraph 9 contains no allegations of a “positive undertaking” by Novar to ensure the safety of Indalex’s employees. See Muniz, 737 F.2d at 148; see also Hinkle, 24 F.Supp.2d at 821 (<HOLDING>). Plaintiffs allegations in paragraph 9 are Options: A. holding that directors of a whollyowned corporation could consider the interests of the parent company as well as the interests of their corporation because there was only one substantive interest to be protected B. holding that there must be evidence that the parent corporation assumed a duty to ensure safety C. holding that claims of corporation vest in corporation D. recognizing duty of parent to control conduct of child E. holding that njeither mere concern with nor minimal contact about safety matters creates a duty to ensure a safe working environment for the employees of a subsidiary corporation

assistant: The best answer is B. holding that there must be evidence that the parent corporation assumed a duty to ensure safety
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties shall cooperate fully, as and to the extent reasonably requested by any other party, in connection with the filing of Tax Returns for Pre-Closing Tax Period and Straddle Period, obtaining Tax refunds (or credits) payable to the Securityholders pursuant to Section 7.5(a) and any Tax Matter. Such cooperation shall include the retention and (upon the other party’s request) the provision of records and information which are reasonably relevant to any such Tax Returns, Tax refunds or Tax Matters and making employees available on a mutually convenient basis to provide additional information and explanation of any material provided hereunder. Each party shall provide to the others, within ten (10) Business Days of the receipt thereof, any tax related communications and notices it receives which may impact the other party’s Tax liability or filing responsibilities.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: from trying to steal a march on each other, In re Holtkamp, 669 F.2d 505, 508 (7th Cir.1982), and the automatic stay is essential to accomplishing this purpose. There is, in contrast, no policy of preventing persons whom the bankrupt has sued from protecting their legal rights. True, the bankrupt’s cause of action is an asset of the estate; but as the defendant in the bankrupt’s suit is not by opposing that suit, seeking to take possession of it, subsection (a)(3) is no more applicable that (a)(1) is. Martin-Trigona v. Champion Fed. Sav. & Loan Ass’n., 892 F.2d 575, 577 (7th Cir. 1989). Accord, United States v. Inslaw, Inc., 932 F.2d 1467, 1473 (D.C.Cir.1991), cert. denied, 502 U.S. 1048, 112 S.Ct. 913, 116 L.Ed.2d 813 (1992); Merchants & Farmers Bank of 10, 522-523 (Bankr.D.S.C.2014) (<HOLDING>). The Defendants in their Motion to Dismiss Options: A. holding that a state is immune by virtue of 11 usc 106c from money damages for violating the automatic stay provision of 11 usc 362a B. holding that the plaintiffs 5629 action against the defendant for alleged fraudulent transfers was subject to the automatic stay provision 11 usc 362a C. holding that the protections of the automatic stay apply only to actions against the debtor D. holding that debtor did not prove that defendant creditors violated automatic stay under 11 usc 362a with respect to their actions in a state court lawsuit because the creditors actions involved a counterclaim that debtor asserted and were in response to that counterclaim E. holding that district court did not abuse its discretion in considering merits of state law counterclaim that formed part of the same case as federal counterclaim even though court had dismissed federal counterclaim quoting 28 usc 1367a

assistant: The best answer is D. holding that debtor did not prove that defendant creditors violated automatic stay under 11 usc 362a with respect to their actions in a state court lawsuit because the creditors actions involved a counterclaim that debtor asserted and were in response to that counterclaim
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 consideration of the Company’s payment to Executive of $300,000, less all applicable state and federal tax withholdings and other lawful deductions (the “ADEA Consideration”) within five (5) days of the expiration of the revocation period of the ADEA release attached hereto as Exhibit B (the “ADEA Release”), Executive hereby agrees that he shall sign and return to the Company the ADEA Release in accordance with its terms within thirty (30) days following the Separation Date. Executive acknowledges and agrees that the effectiveness of the ADEA Release shall have no effect on the effectiveness of this Agreement and that this Agreement shall be in full force and effect and binding upon the Parties upon and from its date of execution. Executive acknowledges and agrees that he would not otherwise be entitled to receive the ADEA Consideration in the absence of Executive’s execution (and non-revocation) of the ADEA Release.

assistant: Releases
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: militancy to engender a thorough research and analysis of the major issues.” (Emphasis supplied [by Brimmer court].) Application of these elements leads us to conclude that the first is met because both the pro-life parties and the pro-choice .parties have current, concrete rights or interests relating to this controversy. Our judgment, either allowing the initiative to be included on the ballot, or precluding its inclusion, would effectively operate upon the factual dispute between these parties. Thus, the second element is satisfied. As to the third element, our determination will have the force and effect of a final judgment upon the rights, status, or other legal relationships of the real parties in interest. See Rocky Mountain Oil & Gas Ass’n v. State, 645 P.2d 1163 (Wyo.1982) (<HOLDING>). We also perceive this matter as one involving Options: A. holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment B. holding that if a declaratory judgment will not end the controversy it is not proper C. holding that the case or controversy requirement applies with equal force to actions for declaratory judgment D. holding that actual controversy requirement is met where there is a substantial controversy between parties having adverse legal interests of sufficient immediacy and reality to warrant the issuance of a declaratory judgment E. holding that it is not

assistant: The best answer is B. holding that if a declaratory judgment will not end the controversy it is not proper
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: shares if the settlement is approved. Thus, I see no constitutional reason why timing of share purchase should matter in determining standing to object to a settlement. 7 . The Fifth Circuit applies a related but distinct doctrine for determining when nonparties may appeal, asking whether the nonparties actually participated in the proceedings below, the equities weigh in favor of hearing the appeal, and the nonparties have a personal stake in the outcome. E.g., Castillo v. Cameron County, Tex., 238 F.3d 339, 349-50 (5th Cir.2001). 8 . Because I conclude Lapiner meets these requirements, I need not address whether he may also appeal because he has no other legal remedy to contest the trial court’s denial of his request for attorneys’ fees and objection. See BASF, 168 S.W.3d at 870-71 (<HOLDING>). 9 . 15A Charles Alan Wright & Arthur R. Options: A. holding that the trial court did not abuse its discretion by refusing to accept the defendants guilty pleas to two counts of the indictment and stating that even if the trial court erred the error had not prejudiced the defendant because he was found guilty by the jury of the charges to which he intended to plead and the evidence of the other crimes would have been admissible in the trial for the first degree murder charge B. holding that a party failed to preserve error by not pursuing a ruling at trial where the courts motion in limine ruling invited the party to attempt to admit the evidence during trial C. holding that third party seeking to be reimbursed for costs incurred in responding to discovery request had standing to appeal because its interests were directly represented by its own counsel in the trial court it was effectively bound by the trial courts final order of dismissal the other party would have had the right to appeal the trial courts ruling if it had granted the request for reimbursement and the third party had no other legal remedy to contest the trial courts denial of its request D. holding that it is error for court of appeals to reverse trial courts ruling that had not been objected to at the trial court level E. holding that a party had failed to preserve an argument for appellate review when that party had failed to argue the issue to the trial court either at trial or in his postjudgment motion

assistant: The best answer is C. holding that third party seeking to be reimbursed for costs incurred in responding to discovery request had standing to appeal because its interests were directly represented by its own counsel in the trial court it was effectively bound by the trial courts final order of dismissal the other party would have had the right to appeal the trial courts ruling if it had granted the request for reimbursement and the third party had no other legal remedy to contest the trial courts denial of its request
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: Moreover, the “procuring agent” defense is generally not applicable if the defendant retains or receives part of the controlled substance involved in the transaction for his or her own personal use. Love v. State, 111 Nev. 545, 893 P.2d 376 (1995). The defendant in the case now before us had a personal interest in the drug transaction. The defendant supported his habit by acting as a middleman in drug transactions. He was not merely a disinterested or benevolent conduit for the buyer in this case. The defendant performed the transaction to obtain a “cut” of the cocaine. His actions were that of a drug-dealing middleman even though his “cut” or benefit from the transaction was in the form of drugs rather than in monetary gain. See Galbreath v. State, 187 Tenn. 669, 216 S.W.2d 689 (1948) (<HOLDING>). The defendant had multiple former Options: A. holding that the double jeopardy clause did not bar charging the defendant with both receipt and possession of child pornography where the defendant was charged with possessing a set of files that did not form the basis for a separate receipt count B. holding oral statements by company sufficient to require disclosure of relevant financial information under truitt C. holding that appellants specific factual denial of receipt was sufficient evidence to defeat the presumption of receipt raised by a docket entry showing mailing D. holding that service of notice of lien statements on homeowners was sufficient even though endorsement stated return receipt requested instead of return receipt requested showing address where delivered where service was handled in same manner and where homeowners received and signed for address shown on return receipt moreover actual notice was sufficient under statute E. holding receipt of cab fare sufficient financial interest

assistant: The best answer is E. holding receipt of cab fare sufficient financial interest
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 the bar, the results of a Breathalyzer test, and expert testimony interpreting the results of the test. Id. {14} Other states with similar dram shop acts allow circumstantial evidence to be used to prove what the server should have known of the patron’s intoxication. In Kish v. Farley, 24 A.D.3d 1198 (N.Y. App. Div. 2005), New York’s intermediate appellate court explicitly addressed this issue. It stated that “visible intoxication may be established by circumstantial evidence,” id. at 1200, and that no “direct proof in the form of testimonial evidence from someone who actually observed the allegedly intoxicated person’s demeanor at the time and place that the alcohol was served” is required, id. (internal quotation marks and citation omitted). See also Perseus, 995 S.W.2d at 206-07 (<HOLDING>). {15} Applying this principle, in Cadillac Options: A. holding that proof of an explicit agreement is not required B. holding that expert proof was not required for an asserted claim of ordinary negligence C. holding that the failure to properly instruct the jury on the burden of proof required a new trial D. holding that proof that the server actually witnessed the drunken behavior was not required E. holding that conviction for a crime that required breaking and entering also required the state to prove that defendant had actually entered the premises

assistant: The best answer is D. holding that proof that the server actually witnessed the drunken behavior was not required
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we reserve the right to limit the availability of the service or any portion of the service , to any person , geographic area , or jurisdiction , at any time and in our sole discretion , and to limit the quantities of any content , program , product , service or other feature that instagram provides .

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: ” Id. at 1079 (quoting Pilot Life, 481 U.S. at 52, 54, 107 S.Ct. 1549). Therefore, a state law is preempted if it adds to the judicial remedies available under ERISA. Id. (citing Rush Prudential, 536 U.S. at 379, 122 S.Ct. 2151). The Kentucky Act essentially creates a statutory bad faith claim. Cummings v. Thomas Industries, Inc., 812 F.Supp. 99, 101 (W.D.Ky.1993) (citing State Farm Mut. Auto. Ins. Co. v. Reeder, 763 S.W.2d 116, 118 (Ky.1988)). A plaintiff may recover “such damages as he sustained by reason of the violation” of the Act. Ky.Rev.Stat. § 446.070. The plain language of this statute permits, at a bare minimum, compensatory damages. In addition, a plaintiff can recover damages for anxiety and mental anguish. FB Ins. Co. v. Jones, 864 S.W.2d 926, 929 (Ky.Ct.App.1993) (<HOLDING>). By comparison, ERISA limits plaintiffs Options: A. holding that wifes recovery for loss of consortium should not be reduced by the proportion of negligence attributable to husband because claim for loss of consortium is independent of the damages claim of the injured spouse B. holding the trial court did not err by instructing the jury that the plaintiff could be awarded damages for anxiety mental anguish and loss of consortium for a violation of the kentucky act C. recognizing cause of action for loss of consortium D. holding that trial court did not err E. recognizing loss of consortium claims

assistant: The best answer is B. holding the trial court did not err by instructing the jury that the plaintiff could be awarded damages for anxiety mental anguish and loss of consortium for a violation of the kentucky act
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: 645 S.W.2d at 836. Because some could argue that evidence that makes the existence of a fact “highly probable” is not necessarily the same as evidence that produces a firm conviction in the existence of the fact, we reject the “highly probable” formulation. Cf In re L.R.M., 763 S.W.2d 64, 66 (Tex. App.-Fort Worth, 1989, no writ)(stating that “highly probable” inquiry needlessly complicates the standard of review). VII We emphasize that, as appellate courts apply the standard we announce today, they must maintain the respective constitutional roles of juries and appellate courts. An appellate court’s review must not be so rigorous that the only factfind-ings that could withstand review are those established beyond a reasonable doubt. See Santosky, 455 U.S. at 767-69, 102 S.Ct. 1388 (<HOLDING>). While parental rights are of constitutional Options: A. holding that beyond reasonable doubt standard not required in termination cases B. holding that presumption of innocence and reasonable doubt standard are constitutionally required in criminal cases C. holding that harmless beyond a reasonable doubt analysis not applicable in habeas cases D. holding that failure of trial court to instruct jury that state must prove beyond reasonable doubt killing was not committed in heat of passion required reversal of murder conviction even though there was general charge that state was required to prove each element of offenses beyond reasonable doubt E. holding that proof of a criminal charge beyond a reasonable doubt is required by the constitution

assistant: The best answer is A. holding that beyond reasonable doubt standard not required in termination cases
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: Buyer represents and warrants to Seller, which representations and warranties shall be deemed made by Buyer to Seller as of the Effective Date and also as of the Closing Date that Buyer has the full right, power and authority to purchase the Property as provided in this Contract and to carry out Buyer’s obligations hereunder, and that all requisite action necessary to authorize Buyer to enter into this Contract and to carry out Buyer’s obligations hereunder has been taken. Buyer is not listed in Executive Order 13224, and Buyer has no present, actual knowledge that any other persons or entities holding any legal or beneficial interest whatsoever in Buyer are included in, owned by, controlled by, knowingly acting for or on behalf of, knowingly providing assistance, support, sponsorship or services of any kind to, or otherwise knowingly associated with any of the persons or entities referred to or described in Executive Order 13224, or banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control. Notwithstanding anything herein to the contrary, any breach by Buyer of any of the foregoing representations or warranties shall constitute a default by Buyer hereunder, and Seller may thereupon, at its option, terminate this Contract by giving written notice thereof, in which event the Earnest Money will be paid to Seller as liquidated damages, and neither Buyer nor Seller shall have any further rights or liabilities hereunder, except as otherwise provided herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As compensation for Executive’s performance of Executive’s duties hereunder, Company shall pay to Executive an initial base salary of $240,000 per year, less required deductions for state and federal withholding tax, social security and all other employment taxes and payroll deductions, payable in accordance with Company’s normal payroll practices (but, in any event, Executive shall receive pro-rata payments of base salary at least once each calendar month). In the event Executive’s employment under this Agreement is terminated by either party, for any reason, Executive will earn the base salary as then in-effect prorated to the date of termination.

assistant: Base Salary
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 PSUs subject to this Performance Stock Unit Award vest based on the attainment of the Performance Criteria used for PSUs awarded to other non-CEO executive officers of the Company in 2017, provided you are employed with the Company from the Date of Grant through February 15, 2020. Other than pursuant to the terms of the Change in Control Severance Agreement, if your employment terminates prior to the date the PSUs vest, all unvested PSUs shall be forfeited at the time of such termination. In addition, if you fail to satisfy the applicable requirements of the Change in Control Severance Agreement (including the delivery of an irrevocable release), PSUs which would otherwise vest pursuant to the Change in Control Severance Agreement shall be forfeited.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to individual plaintiffs hostile work environment claim); Perry v. Ethan Allen, Inc., 115 F.3d 143, 151 (2d Cir.1997) (concluding evidence of harassment directed at women other than plaintiff is relevant to hostile environment analysis); cf. McPhaul v. Board of Comm’rs, 226 F.3d 558, 567 (7th Cir.2000) (harassing conduct directed at someone other than plaintiff, while relevant, does not have the same impact); Gleason v. Mesirow Fin., Inc., 118 F.3d 1134, 1144 (7th Cir.1997) (same); Schwapp v. Town of Avon, 118 F.3d 106, 112 (2d Cir.1997) (noting incidents directed at others or outside plaintiffs presence “may be of limited probative value” at trial). Furthermore, remarks made outside a plaintiffs presence can be relevant to a hostile work environment claim. See Schwapp, 118 F.3d at 111 (<HOLDING>); Torres v. Pisano, 116 F.3d 625, 633 (2d 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 a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive C. recognizing a hostile work environment claim under section 1983 D. holding comments made outside plaintiffs presence and learned secondhand may also contribute to a hostile work environment E. holding no hostile work environment created by slur uttered outside of plaintiffs presence

assistant: The best answer is D. holding comments made outside plaintiffs presence and learned secondhand may also contribute to a hostile work environment