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: be reduced merely because the fee would be disproportionate to the financial interest at stake in the litigation.” Kassim v. City of Schenectady, 415 F.3d 246, 252 (2d Cir. 2005); see also Millea, 658 F.3d at 169 ("Especially for' claims where the financial recovery is likely to be small, calculating attorneys' fees as a proportion of damages runs directly contrary to the purpose of fee-shifting statutes: assuring that civil rights claims of modest cash value can attract competent counsel.”). 5 . Moreover, there is no merit to any argument that plaintiff achieved only "partial success" in this action because he volition applies a nominal offset of $1.00 to be collected from the judgment. See, e.g., Hernandez v. Goord, No. 01-CV-9585 SHS, 2014 WL 4058662, at *13 (S.D.N.Y, Aug. 14, 2014) (<HOLDING>). 8 . Several attorneys are listed as both Options: A. holding that under 42 usc 1997ed2 a district court may apply less than 25 percent of the judgment as long as it applies some portion of the judgment to satisfy the attorneys fee award quoting parker v conway 581 f3d 198 205 3d cir 2009 B. holding that under the plra no attorneys fee award greater than 150 percent of the monetary judgment may be entered against a defendant citing 42 usc 1997ed2 C. holding that plaintiffs were prevailing parties under 42 usc section 1988 despite dismissal of the appeal as moot and vacation of the district court judgment D. holding that under 42 usc 1988 which allows the award of attorneys fees in a civil rights action under 1983 a prevailing plaintiff should ordinarily recover an attorneys fee unless special circumstances would render such an award unjust quoting srep no 941011 p 4 1976 E. holding that the same standards apply for setting reasonable attorneys fees under the clean air acts fee shifting provision as under 42 usc 1988

assistant: The best answer is A. holding that under 42 usc 1997ed2 a district court may apply less than 25 percent of the judgment as long as it applies some portion of the judgment to satisfy the attorneys fee award quoting parker v conway 581 f3d 198 205 3d cir 2009
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: Training Stables, Inc., 719 P.2d at 533. Accordingly, the court dismisses Defendants’ CPA claim concerning Cornhusker’s alleged violation of WAC 284-30-330(2). Hi. Compelling a first party claimant to initiate or submit to litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in such action This claim fails in light of the court’s foregoing rulings. Because Defendants have failed to create a genuine dispute with respect to coverage, see supra Part III.B.l.b., they cannot show that Corn-husker compelled SQI to submit to litigation by offering substantially less in settlement than the amount ultimately recovered on the Policy in this litigation. See WAC 284- 2JLR, 2013 WL 1562032, at *3 (W.D.Wash. Apr. 12, 2013) (<HOLDING>))); but see Seaway Props., LLC v. Fireman’s Options: A. holding that an unreasonably low settlement offer amounts to a denial of benefits under ifca B. holding that the trial courts denial of appellants motion to enforce settlement agreement constituted an important issue C. holding that the consideration of the fact that claimant collected unemployment benefits while he was allegedly disabled was not a ground for reversal where there was other medical and vocational evidence supporting denial of benefits and claimants receipt of unemployment benefits was not decisive factor in denial of benefits D. holding that a claim based on an insurers failure to provide emergency benefits under state law is completely preempted because the factual basis of the complaint was the denial of reimbursement of plan benefits E. holding that a plaintiff in an erisa denial of benefits case bears the burden of proving her entitlement to contractual benefits

assistant: The best answer is A. holding that an unreasonably low settlement offer amounts to a denial of benefits under ifca
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: payments that, based on plaintiffs’ testimony regarding their repeated conversations with Mr. Kees and Mr. Threlkeld, he knew would have reinstated plaintiffs’ coverage. He admits that he may have known that Mr. Threlkeld was mismanaging the accounts of the nursing home as early as May 2010 (T.T. 149:12-14). Mr. Kees breached his fiduciary duty of care to discharge plan administration duties “with the care, skill, prudence, and diligence ... that a prudent man acting in a like capacity and familiarity with such matters would use,” 29 U.S.C. § 1104(a)(1)(B), and that breach caused plaintiffs’ loss. Accordingly, Mr. Kees is personally liable pursuant to 29 U.S.C. § 1132(a)(3). See Silva v. Metro. Life Ins. Co., 762 F.3d 711, 721-23, 724-26, 2014 WL 3896156, *8-9, *11-12 (8th Cir.2014) (<HOLDING>); Kenseth v. Dean Health Plan, Inc., 722 F.3d Options: A. holding that monetary damages may be awarded in a 1132a3 claim because when sought as a remedy for breach of fiduciary duty restitution is properly regarded as an equitable remedy because the fiduciary concept is equitable B. recognizing that plan participants should be able to access information about the plan administrators fiduciary duties from the plan administrators counsel C. holding that varity corp did not eliminate a private cause of action for breach of fiduciary duty when another potential remedy is available instead the district courts remedy is limited to such equitable relief as is considered appropriate D. holding that monetary compensation for a loss is available under 1132a3 if a plan participant shows that the harm re suited from the plan administrators breach of fiduciary duty because prior to the merger of law and equity this kind of monetary remedy against a trustee was exclusively equitable citing cigna corp v amara us 131 sct 1866 179 led2d 843 2011 E. holding that in the context of title i varity corp did not eliminate a private cause of action for breach of fiduciary duty when another potential remedy is available

assistant: The best answer is D. holding that monetary compensation for a loss is available under 1132a3 if a plan participant shows that the harm re suited from the plan administrators breach of fiduciary duty because prior to the merger of law and equity this kind of monetary remedy against a trustee was exclusively equitable citing cigna corp v amara us 131 sct 1866 179 led2d 843 2011
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: Subject to the provisions of Article VIII of the Separation and Distribution Agreement, each of the Parties hereto agrees that the appropriate, exclusive and convenient forum for any disputes between any of the Parties hereto arising out of this Agreement or the transactions contemplated hereby shall be brought and determined in the Court of Chancery of the State of Delaware, provided, that if jurisdiction is not then available in the Court of Chancery of the State of Delaware, then any such legal action or proceeding may be brought in any federal court located in the State of Delaware or any other Delaware state court (the "Delaware Courts"). Each of the Parties further agrees that delivery of notice or document by United States registered mail to such Party's respective address set forth in Section 9.09 shall be effective as to the contents of such notice or document, provided that service of process or summons for any action, suit or proceeding in the Delaware Courts with respect to any matters to which it has submitted to jurisdiction in this Section 9.15 shall be effective only pursuant to service on a Party's registered agent for service of process. Each of the Parties irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or proceeding arising out of this Agreement or the transactions contemplated hereby in the Delaware Courts, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum.

assistant: Consent To Jurisdiction
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: determined that Porter was competent to waive his right to counsel. For example, the court noted during Porter's No vember 30, 1987 competency hearing, "I will probably go through the Faretti [sic] inquiry at least one more time even though we've done it several times in the past.” 4 . The Supreme Court has since held that the standard for determining a defendant’s competence to waive the right to counsel is not higher than the standard for determining competence to stand trial. Godinez v. Moran, 509 U.S. 389, 391, 113 S.Ct. 2680, 2682, 125 L.Ed.2d 321 (1993). 5 . Fla. Stat. § 921.141(6)(h) (indicating that mitigating circumstances include "any other factors in the defendant’s background that would mitigate against imposition of the death penalty”). 6 . See Fla Stat. § 921.141(6)(b) (<HOLDING>). 7 . See Fla. Stat. § 921.141 (6)(f) Options: A. holding that the trial court correctly refused to give the jury a peremptory instruction on the f2 mitigating circumstance when an expert testified about inconsistent diagnoses of the defendant thereby making evidence of the defendants mental or emotional disturbance not uncontroverted B. holding that evidence of impaired mental functioning is inherently mitigating and that a defendant is not required to demonstrate a nexus between his mental capacity and the crime committed C. holding that specific mitigating factor providing for consideration of extreme disturbance substantial impairment or extreme duress did not foreclose jurys consideration of lesser degrees of disturbance impairment or duress because trial court made clear to the jury that list of statutory mitigating factors were merely items it could consider and trial court instructed jury that it could consider any other mitigating matter D. holding that a trial court must not preclude the jury from considering any aspect of the defendants character or circumstances as a mitigating factor E. recognizing the influence of extreme mental or emotional disturbance as a mitigating factor

assistant: The best answer is E. recognizing the influence of extreme mental or emotional disturbance as a mitigating factor
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 of the parties acknowledges that a breach by it of its obligations hereunder will cause immediate and irreparable harm to the other party by vitiating the intent and purpose of the transaction contemplated hereby. Accordingly, each party acknowledges that the remedy at law for a breach of its obligations under this Agreement will be inadequate and agrees, in the event of a breach or threatened breach by a party of the provisions of this Agreement, that the other party shall be entitled, in addition to all other available remedies at law or in equity, to an injunction or injunctions restraining, preventing or curing any breach of this Agreement and to enforce specifically the terms and provisions hereof, without the necessity of showing economic loss and without any bond or other security being required.

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: Notwithstanding the return or destruction of the Evaluation Material, each party and its Representatives will continue to be bound by its obligations of confidentiality. This Agreement and all rights and obligations hereunder shall terminate on the second anniversary of the Effective Date; provided, however, that sections 4, 5 and 7 through 12 shall survive any termination of this Agreement.

assistant: Yes
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 government and there was no clear prejudice to Allen. c. Court-Ordered Psychiatric Examination Allen asserts that the district court erred in ordering him to undergo a psychiatric examination by a government-selected psychiatrist without a full protective order and in allowing a prosecutor to violate the terms of the court’s partial protective order. We find no constitutional error and therefore reject both claims. There is no doubt that a district court has the authority to order a defendant who states that he will use evidence from his own psychiatric examination in the penalty phase of a trial to undergo a psychiatric examination by a government-selected psychiatrist before the start of the penalty phase. See United States v. Webster, 162 F.3d 308, 338-40 (5th Cir.1998) (<HOLDING>), cert. denied, 528 U.S. 829, 120 S.Ct. 83, 145 Options: A. recognizing superior court must conduct an on the record examination to determine defendants voluntariness and knowledge B. holding that preservation for review requires a fair ruling or decision by the district court in order to provide the lower court with an opportunity to correct any mistake give the opposing party an opportunity to demonstrate why the district court should rule in its favor and create a record which enables this court to make informed decisions C. holding that the district court did in effect hold a hearing when it gave the defense a chance to supplement a psychiatric report with further evidence D. holding that a district court possesses the inherent power to order a psychiatric examination based on 18 usc 3593c which requires that the government be given a fair opportunity to rebut any of defendants mitigating evidence and fedrcrimp 12 which allows a courtordered psychiatric examination during similar circumstances in the guilt phase of trials E. holding that 18 usc 3583d requires that the court determine the number of drug tests to which the defendants must submit

assistant: The best answer is D. holding that a district court possesses the inherent power to order a psychiatric examination based on 18 usc 3593c which requires that the government be given a fair opportunity to rebut any of defendants mitigating evidence and fedrcrimp 12 which allows a courtordered psychiatric examination during similar circumstances in the guilt phase of trials
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 (including the Exhibits hereto), together with the Series C Certificate of Amendment, the Series D Certificate of Amendment and the Investment Agreement, constitutes the entire agreement, and supersedes all other prior agreements, understandings, representations and warranties, both written and oral, between the parties, with respect to the subject matter hereof; provided , that nothing herein shall limit, restrict, prevent or supersede the other Transaction Documents (as defined in the North American Investment Agreement), or serve as a consent or waiver thereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive shall be entitled to reimbursement by the Company for all necessary and reasonable travel, entertainment and other business expenses incurred by her in connection with her duties hereunder. The Company shall reimburse the Executive for all such expenses upon presentation of an itemized account and appropriate supporting documentation, all in accordance with the Company’s generally applicable policies as in effect from time to time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (quoting Thomas v. I.N.S., 35 F.3d at 1332, 1338 (9th Cir.1994)). The record in this case is devoid of any evidence establishing that the FBI agents assigned to the Erickson investigation were authorized to make promises in order to induce Kozak’s cooperation. Indeed, Special Agents Curran and Birnie testified that FBI special agents do not negotiate cooperation agreements on behalf of the United States. Rather, such duty falls on prosecutors in the United States Attorney’s office. , As a result, there is no delegation of federal authority in the record. It must be noted that courts have held that FBI and other federal law enforcement agents do not have authority to offer cooperation or plea agreements to defendants. See United States v. Streebing, 987 F.2d 368, 372 (6th Cir.) (<HOLDING>), cert. denied, 508 U.S. 961, 118 S.Ct. 2983, Options: A. holding that plea agreement with drug enforcement agency agent not enforceable when agent was not authorized by united states attorney to enter agreement B. holding that cooperation agreement defendant entered into with the government did not include defendants testifying at trial where there was no meeting of the minds as to that point C. holding that defendant was not entitled to specific performance of alleged cooperation agreement entered into with fbi agent who allegedly promised defendant he would not be prosecuted if he cooperated in making a statement where there was no evidence establishing that agent was authorized to make promises to obtain defendants cooperation D. holding that where the plea agreement required the government to inform the sentencing court of all defendants cooperation the issue is not whether the prosecutor enthusiastically disclosed his cooperation but whether the prosecutor disclosed all cooperation E. holding that the plaintiff had the burden of establishing that he properly served an agent of the defendant

assistant: The best answer is C. holding that defendant was not entitled to specific performance of alleged cooperation agreement entered into with fbi agent who allegedly promised defendant he would not be prosecuted if he cooperated in making a statement where there was no evidence establishing that agent was authorized to make promises to obtain defendants 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: The Court explained that the Swift doctrine represented an unconstitutional invasion by the federal courts into the powers “reserved by the Constitution to the several states.” Id. at 79-80, 58 S.Ct. at 823. However, the holding in Erie did not destroy all types of federal common law. Since Erie, the Supreme Court “has recognized the need and authority in some limited areas to formulate what has come to be known as ‘federal common law.’ ” Texas Indus., Inc. v. Radcliff Materials, Inc., 451 U.S. 630, 640, 101 S.Ct. 2061, 2067, 68 L.Ed.2d 500 (1981). In particular, federal courts have created and applied federal common law when necessary to protect certain “uniquely federal interests.” Boyle v. United Technologies Corp., 487 U.S. 500, 504, 108 S.Ct. 2510, 2514, 101 L.Ed.2d 442 (1988) (<HOLDING>); see also United States v. Kimbell Foods, Options: A. holding that there was a triable issue of fact whether a defendant who applied a sprayon fireproofing material was an agent for the manufacturer of the material and thus whether plaintiff is in privity with the manufacturer B. recognizing that courts disagree whether federal common law or state law governs the interpretation of negotiated settlement agreement C. holding that federal law governs res judicata effect of an earlier federal judgment based on federal law D. holding that federal common law governs the tort liability of a helicopter manufacturer to a deceased pilot where the manufacturer supplies the helicopters to the federal government E. holding that federal common law governs equitable remedies available under erisa

assistant: The best answer is D. holding that federal common law governs the tort liability of a helicopter manufacturer to a deceased pilot where the manufacturer supplies the helicopters to the federal government
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: Simple interest (“ Interest ”) shall accrue on the outstanding Principal at the Interest Rate from and including the date set forth above opposite the caption “Issuance Date” (the “ Issuance Date ”) until the Principal is paid in full, shall be computed on a monthly basis and, subject to the right of the Holder to include accrued and unpaid Interest in the Conversion Amount (as defined below) in accordance with Section 3(b)(i) below, shall be payable in arrears for each Interest Period no later than the date that is five (5) Business Days after the last day of the applicable Interest Period (each, an “Interest Payment Date” ).

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: change of plea hearing also indicates that the district court advised Miller of his rights, which would have included the right to counsel, and again Miller gave no indication that he had or desired any counsel other than the public defender. These actions clearly indicate a choice by Miller to proceed with appointed counsel. 17 Had Miller informed the district court that he had retained McCullough and desired MeCullough's representation at the change of plea hearing, the district court would have been required to respect Miller's choice of counsel. See Barber, 2009 UT App 91, ¶ 17, 206 P.3d 1223. However, by his actions, Miller informed the district court that he desired to proceed with appointed counsel, a choice that the district court was also required to respect. See id. 1139-50 (<HOLDING>). Miller's choice of the public defender as his Options: A. recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel B. recognizing right to privately retained counsel C. holding in situation of appointed counsel that if nonfrivolous issues may exist new counsel must be appointed D. recognizing a defendants right to dismiss retained counsel in favor of appointed counsel E. recognizing that the statutory right to counsel in parental termination cases requires that the appointed counsel provide effective assistance

assistant: The best answer is D. recognizing a defendants right to dismiss retained counsel in favor of appointed counsel
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 playing the tapes were legitimate and the tapes would eliminate the need for T.S. to testify a second time. Defense counsel responded: “Right.” 3 Rule 801(d)(1)(B) provides that a statement is not hearsay when the declarant testifies at trial, is subject to cross-examination concerning the statement, and the statement is “consistent with his testimony and is offered to rebut an express or implied charge against him of recent fabrication or improper influence or motive.” 4 For this reason, we need not address defendant’s argument that the recorded statements were inadmissible under Rule 801(d)(1)(B). 5 Defendant does not claim that defense counsel did not have the power to waive his right to confront witnesses against him. See generally New York v. Hill, 528 U.S. 110, 114 (2000) (<HOLDING>). Many courts allow defense counsel to waive Options: A. holding that rights under vienna convention are not the equivalent of fundamental rights such as the right to counsel B. recognizing a general rule that presumes the availability of waiver of constitutional rights by counsel although certain fundamental rights require personal waiver by defendant C. recognizing conditions of release may curtail certain fundamental rights D. holding that a plea agreement with a waiver of direct appeal rights does not include a waiver of collateral remedies because the government could have included a waiver of collateral rights in the plea agreement and chose not to do so E. recognizing that courts will enforce waiver of appeal rights when waiver is knowing and voluntary

assistant: The best answer is B. recognizing a general rule that presumes the availability of waiver of constitutional rights by counsel although certain fundamental rights require personal waiver by 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 case excerpt and choose the best holding from the options. Case excerpt: mandate issues. Mr. Webber argues that, when Wheat was decided, a defendant was required to file a Form 40 while his or her direct appeal was pending, whereas now a defendant is required to file a Form 40 after the mandate issues from , the direct appeal. Accordingly, in his view, .under current Rule 29.15, a defendant cannot be considered to have waived claims in a direct appeal that were not raised in a Form 40, because the defend ant cannot even pursue a Rule 29.15 action until the direct appeal is complete. In Wheat, the defendant conceded that he failed to file a motion to vacate in the trial court under Rule 29.15, and he recognized “the nominal effect of this failure.” Wheat, 775 S.W.2d at 157. Mr. Wheat then argued that, under former Rule 27.26, appellate co App. W.D. 2014) .(<HOLDING>); State v. Finster, 985 S.W.2d 881, 884 (Mo. Options: A. holding that res judicata does not bar a defendant from raising a claim of ineffective assistance of trial counsel for the first time in a postcollateral proceeding if the defendant was represented by the same counsel at trial and on direct appeal or if an actual conflict of interest enjoined appellate counsel from raising a claim of ineffective assistance of trial counsel on direct appeal B. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record C. holding that to the extent defendants claim is one of ineffective assistance of counsel it is not cognizable on direct appeal and rule 2915 is the exclusive procedure by which a claim of ineffective assistance of counsel can be advanced D. holding that defendants claim for ineffective assistance of counsel due to a conflict of interest was not cognizable on direct appeal E. recognizing a constitutional claim for ineffective assistance of counsel

assistant: The best answer is D. holding that defendants claim for ineffective assistance of counsel due to a conflict of interest was not cognizable on direct appeal
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 obligations of Borrower contained in Sections 4.05 , 4.06 , 4.07 , Article V , Article XI and this Section 12.16 shall survive the repayment of the Loans and the cancellation of the Note and the termination of the other obligations of Borrower hereunder.

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 legal provision and list the applicable contract clause categories. Provision: The parties agree that each of them and/or their respective counsel has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments hereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.

assistant: Construction
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: Execute any and all further documents, financing statements, agreements and instruments, and take all such further actions (including the filing and recording of financing statements and other documents), which may be required under any Applicable Law, or which the Lender may reasonably request, to effectuate the transactions contemplated by the Loan Documents or to grant, preserve, protect or perfect the Liens created or intended to be created by the Security Documents or the validity or priority of any such Lien, all at the expense of the Credit Parties. The Borrower also agrees to provide to the Lender, from time to time upon the reasonable request by the Lender, evidence reasonably satisfactory to the Lender as to the perfection and priority of the Liens created or intended to be created by the Security 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 case excerpt and choose the best holding from the options. Case excerpt: When Finley knocked on the door, no one responded. When Finley checked the door, he found it chained from the inside. When Finley called out, no one answered. Ms. Patterson’s son, however, insisted that Marquette was inside. As Finley walked off the porch, three shotgun blasts came through the window and struck him. There was an exchange of gunfire, and the police launched tear gas into the house. A small fire broke out. The shooting from inside the house stopped. The police entered. Marquette was dead from a self-inflicted gunshot wound. Ms. Patterson had died next to Marquette, in a kneeling position, possibly from smoke inhalation. Finley sued Ms. Patterson’s estate, seeking damages on theories of negligence and wantonness. The trial court directed a verdict for the estate explainin (<HOLDING>). 3 . We note that in Nail, 542 So.2d at 1211, Options: A. holding a wife liable for necessary medical expenses incurred by her husband under the doctrine even though the wife did not sign as a guarantor and did not request that her husband be admitted nor anticipate that her husband would be admitted B. holding wife did not have a duty to warn a police officer who was shot while escorting her home that her husband had threatened to kill any police officer C. recognizing affirmative duty of a police officer to prevent the violation of constitutional rights by another officer D. holding police officer who was shot by occupier of premises could not recover from premises owner for injuries the officer should have reasonably expected to sustain while engaged in the line of duty E. holding admissible a letter which a woman had purportedly written to a judge 2 days before her death stating that her husband had threatened her and she feared him where the defendant husband claimed she had threatened him

assistant: The best answer is B. holding wife did not have a duty to warn a police officer who was shot while escorting her home that her husband had threatened to kill any police officer
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 of the Loan Parties has filed or caused to be filed all Federal, state and other material tax returns that are required to be filed and has paid all taxes shown to be due and payable on said returns or on any assessments made against it or any of its Property and all other taxes, fees or other charges imposed on it or any of its Property by any Governmental Authority (other than any taxes the amount or validity of which are currently being contested in good faith by appropriate proceedings and with respect to which reserves in conformity with GAAP have been provided on the books of the applicable Loan Party; and no tax Lien has been filed (other than with respect to any taxes the amount or validity of which are currently being contested in good faith by appropriate proceedings and with respect to which reserves in conformity with GAAP have been provided on the books of the applicable Loan Party, as the case may be), and, to the Knowledge of the Borrowers and the Guarantor, no claim is being asserted against any Loan Party, with respect to any such tax, fee or other charge.

assistant: Taxes
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 Issuer and the Investor shall pay all of their own costs and expenses incurred with respect to the negotiation, execution, delivery and performance of this Agreement. In the event any attorney is employed by either party to this Agreement with respect to legal or equitable action, arbitration or other proceeding brought by such party for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party in such proceeding will be entitled to recover from the other party reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which the prevailing party may be entitled.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you are solely responsible for any damage to your computer or other device or loss of data resulting from the download or use of any such material .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller Parties have filed through the date hereof, and shall file through the date of Closing, all income, franchise, property, ad valorem, sales, payroll, and other tax returns and other reports which they are required by law to file and have paid all taxes which have or will become due pursuant to applicable law, such returns, or any assessment received by them. All such tax returns accurately reflected in all material respects the taxes due and conformed to applicable law. None of Seller Parties has received any notice of a proposed assessment of a tax. The federal income tax returns of Seller Parties have not been examined or audited by the Internal Revenue Service (the “IRS”) for any year since 2011. None of Seller Parties (a) has filed any consent or agreement under Section 341(f) of the Internal Revenue Code; (b) executed any waiver of statutes of limitation for federal income or other tax liability; (c) joined in the filing of consolidated returns for any year; or (d) been required to file a consolidated return in any year.

assistant: Taxes
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: (a) . In addition to the actions specifically provided for elsewhere in this Agreement, each of the Parties shall use its reasonable best efforts, prior to, on and after the Separation Time, to take, or cause to be taken, all actions, and to do, or cause to be done, all things, reasonably necessary, proper or advisable under applicable Laws, regulations and agreements to consummate and make effective the transactions contemplated by this Agreement and the Ancillary Agreements.

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 case excerpt and choose the best holding from the options. Case excerpt: transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction ... shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.’ " (quoting 9 U.S.C. § 2)). 30 . Id. at 339-40, 131 S.Ct. 1740 (citations omitted). That arbitration agreements are instruments of a fraudulent scheme is not an arbitration-specific defense. Any contract employed as an instrument of a fraudulent scheme would similarly be invalid. In any event, the cases cited by the Court evidence its concern for state laws targeting arbitration clauses. E.g., Doctor's Associates, Inc. v. Casarotto, 517 U.S. 681, 683, 116 S.Ct. 1652, 134 L.Ed.2d 902 (1996) (<HOLDING>). 31 . — U.S.-, 133 S.Ct. 2304, 186 L.Ed.2d 417 Options: A. holding that state law governs whether an arbitration clause is enforceable against a nonsignatory under the faa B. holding that all arbitration provisions dealing with transactions involving interstate commerce are subject to the faa C. holding that whether in federal or state court a challenge to the validity of the contract as a whole and not specifically to the arbitration clause within it must go to the arbitrator and not the court D. recognizing a liberal federal policy favoring arbitration in the faa E. holding that montanas firstpage notice requirement which governs not any contract but specifically and solely contracts subject to arbitration conflicts with the faa and is therefore displaced by the federal measure

assistant: The best answer is E. holding that montanas firstpage notice requirement which governs not any contract but specifically and solely contracts subject to arbitration conflicts with the faa and is therefore displaced by the federal measure
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in case you wish to use any part of the services as a part of your own application or modify any part of the services , such use is subject to truecaller 's prior written approval and that you enter into a separate license agreement with truecaller .

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: Inc., 429 U.S. 229, 97 S.Ct. 441, 50 L.Ed.2d 427 (1976), concerning the distinction between the remedies available under Title VII and the National Labor Relations Act. Ninham, 583 F.Supp. at 1059. In Robbins & Myers, the Court faced the converse of the issue facing this court in the instant case, namely whether a plaintiffs use of a grievance procedure provided for in a collective bargaining agreement tolled the limitations period for filing a charge with the EEOC. 429 U.S. at 232-34, 97 S.Ct. 441. In its opinion, the Court reaffirmed the independence of Title VII procedures from other remedies derived from contracts and collective bargaining agreements. See id. at 236-37, 97 S.Ct. 441 (citing Alexander v. Gardner-Denver Co., 415 U.S. 36, 52-54, 94 S.Ct. 1011, 39 L.Ed.2d 147 (1974) (<HOLDING>); Johnson v. Ry. Express Agency, 421 U.S. 454, Options: A. holding that an arbitrators decision in arbitration undertaken pursuant to a collective bargaining agreement is not binding on a plaintiff who pursues title vii remedies in court B. holding that petitioners remedy under title vii of the civil rights act was in addition to remedies available under the collective bargaining agreement in force between his employer and his union C. holding that arbitration pursuant to collective bargaining agreement is not res judicata and cannot collaterally estop a civil rights claim D. holding that antidiscrimination rights under title vii cannot be waived by a collective bargaining agreement E. holding that an employee does not forfeit his title vii right of action if he first seeks relief under an arbitration clause in his collective bargaining agreement

assistant: The best answer is A. holding that an arbitrators decision in arbitration undertaken pursuant to a collective bargaining agreement is not binding on a plaintiff who pursues title vii remedies in court
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 of Seller and Guarantor is solvent and will not be rendered insolvent by any Transaction and, after giving effect to such Transaction, will not be left with an unreasonably small amount of capital with which to engage in its business. Neither Seller nor Guarantor intend to incur, nor believe that they have incurred, debts beyond their ability to pay such debts as they mature and are not contemplating the commencement of insolvency, bankruptcy, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official in respect of such entity or any of its assets. The amount of consideration being received by Seller upon the sale of the Purchased Mortgage Loans to Buyer constitutes reasonably equivalent value and fair consideration for such Purchased Mortgage Loans. Seller is not transferring any Purchased Mortgage Loans with any intent to hinder, delay or defraud any of its creditors.

assistant: Solvency
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: knowledge or specialized skill needful for the litigation in question — as opposed to an extraordinary level of the general lawyerly knowledge and ability useful in all litigation. Examples of the former would be an identifiable practice specialty such as patent law, or knowledge of a foreign law or language.” Id. at 572, 108 S.Ct. 2541. A government-contract case does not require the kind of specialized knowledge or skill that would justify an enhanced award. See Prowest Diversified, Inc. v. United States, 40 Fed.Cl. 879, 889 (1998); see also Filtration Dev., 63 Fed.Cl. at 624 (describing an argument “alleging, without more, that government contract law was a specialty” as resting “on shaky ground”); California Marine Cleaning, Inc. v. United States, 43 Fed.Cl. 724, 732 (1999) (<HOLDING>). 2. COLA adjustment. Infiniti’s proposed COLA Options: A. holding attorneys expertise and success in bid protests was an insufficient basis to exceed eajas statutory cap B. holding that notice of judgment was insufficient C. holding that where the plaintiffs copyright infringement claim was without a reasonable legal basis an award of attorneys fees to the defendants was a proper exercise of judicial discretion D. holding that an attorneys arguments are not evidence E. holding that plaintiffs equal protection conspiracy claim which was the basis of the lawsuit was groundless and thus defendants were entitled to an award of attorneys fees

assistant: The best answer is A. holding attorneys expertise and success in bid protests was an insufficient basis to exceed eajas statutory cap
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 has been delivered and accepted in and shall be deemed to have been made in New York, New York and shall be interpreted, and the rights and liabilities of the parties bound hereby determined, in accordance with the laws of the State of New York.

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: Immediately after giving effect to this Amendment, (a) no material Default or Unmatured Default shall have occurred and be continuing and (b) the representations and warranties in Article V of the Credit Agreement are true and correct as of the Sixth Amendment Effective Date, except to the extent any such representation or warranty relates solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date.

assistant: No Defaults
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 consents, approvals, waivers or amendments pursuant to all contracts, licenses, permits, trademarks and other intangibles in connection with the Transactions, or for the continued operation of the Company after the Closing Date on the basis as presently operated shall have been obtained.

assistant: Consents