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: under § 1144(a). Moreover, despite the broad language of undivided loyalties in Castonguay, it is not immediately apparent how the alleged fraud, breach of duty, and negligence of the Committee members on behalf of the ESOP here would directly conflict with their fiduciary duties under ERISA. Unlike that case, the state law claims here did not arise from transactions directly relating to plan benefits or administration. The conduct at issue concerned the acquisition of Norcal shares in exchange for restricted notes and a subsequent failure to redeem those notes. As such, the only impact that the state law duties might have had on the plan or its beneficiaries is an indirect economic burden, which we have held to be insufficient for conflict preemption. See Blue Cross, 187 F.3d at 1052 (<HOLDING>). Finally, as in Sommers, the members of the Options: A. holding removal and preemption are distinct concepts erisa preemption does not allow removal unless complete preemption exists B. holding that a termination of an erisa plans benefits must be based upon the plans terms and language C. recognizing limits on the erisa preemption clause D. holding that a statute relates to erisa plans for the purposes of preemption if it requires the plans to purchase the benefits specified in the statute when they purchase a certain kind of common insurance policy E. holding the economic effects that claims might have on erisa plans are not sufficient for preemption to occur

assistant: The best answer is E. holding the economic effects that claims might have on erisa plans are not sufficient for preemption to occur
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in the terms of the Award Agreement, upon termination of a Participant’s employment or service to the Company and its Affiliates or membership on the Board or the board of directors of an Affiliate, whichever is applicable, for any reason during the applicable Restricted Period, all unvested Options shall be forfeited by the Participant. The Committee may, in its discretion, waive in whole or in part such forfeiture with respect to a Participant’s Options; provided that the waiver contemplated under this Section 6(a)(iii) shall be effective only to the extent that such waiver will not cause the Participant’s Options that are designed to satisfy Section 409A of the Code to fail to satisfy such Section.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Should any provision of this Agreement be held unenforceable or invalid under the Laws of the United States of America or the State of Indiana, or under any other applicable Laws of any other jurisdiction, then the Parties agree that such provision shall be deemed reformed and modified for purposes of performance of this Agreement in such jurisdiction to the extent necessary to render it lawful and enforceable, or if such a reformation or modification is not possible without materially altering the intention of the Parties, then such provision shall be severed herefrom for purposes of performance of this Agreement in such jurisdiction. The validity of the remaining provisions of this Agreement shall not be affected by any such modification or severance.

assistant: Severability
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 contract reformation, the Court will too. (See Pis.’ Br. [Doc. # 317] at 36-40; Br. for Sec’y of Labor [Doc. # 329] at 15-19.) Equity courts traditionally had the power to reform contracts that failed to express the agreement of the parties, owing either to mutual mistake or to the fraud of one party and the mistake of the other. See Amara III, 131 S.Ct. at 1881 (“Equity courts ... would reform contracts to reflect the mutual understanding of the contracting parties where fraudulent suppressions, omissions, or insertions materially affected the substance of the contract, even if the complaining party was negligent in not realizing its mistake .... ” (quotation marks, citations, and alterations omitted)); see also Nechis v. Oxford Health Plans, Inc., 421 F.3d 96, 103 (2d Cir.2005) (<HOLDING>). A plaintiff must prove mistake and fraud by Options: A. recognizing fraud mutual mistake or terms violative of erisa as bases for reformation B. recognizing fraud in the inducement as defense under federal common law interpreting erisa C. holding that a mistake sufficient to justify rearrest must be tinged with fraud or misrepresentation D. recognizing cause of action for equitable estoppel under erisa E. recognizing that a release is subject to avoidance on grounds such as fraud or mistake

assistant: The best answer is A. recognizing fraud mutual mistake or terms violative of erisa as bases for reformation
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 536, 280 A.2d at 376 (emphasis added). The Pennsylvania Supreme Court held that plaintiffs had not established a constitutional right to retain their jobs, notwithstanding their allegations that they were being fired solely on the grounds of political sponsorship or affiliation. Id. at 377-78. See also Scott v. Philadelphia Parking Authority, 402 Pa. 151, 166 A.2d 278 (1960); Mahoney v. Philadelphia Housing Authority, 13 Pa.Cmwlth. 243, 320 A.2d 459 (1974), cert. denied, 419 U.S. 1122, 95 S.Ct. 806, 42 L.Ed.2d 822 (1975). Using hindsight, it is possible to reconstruct a foreshadowing of the Elrod holding in the Seventh Circuit’s decisions in Illinois State Employees Union v. Lewis, 473 F.2d 561 (7th Cir. 1972), cert. denied, 410 U.S. 928, 943, 93 S.Ct. 1364, 35 L.Ed.2d 590 (1973) (<HOLDING>) and Burns v. Elrod, 509 F.2d 1133 (7th Cir. Options: A. holding that persecution was on account of political opinion because petitioners prosecutorial investigation into acts of political corruption was by its very nature political B. holding a political rally for instance C. holding unconstitutional a statute prohibiting judges running for election from expressing a view on political issues during campaigns D. holding political discharges were unconstitutional E. holding that fathers military service alone was neither political opinion nor sufficient to establish imputed political opinion

assistant: The best answer is D. holding political discharges were unconstitutional
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: Participant shall, no later than the date as of which the value of any portion of this Award first becomes includable in the gross income of Participant for federal income tax purposes, pay to the Company, or make arrangements satisfactory to the Committee regarding payment of, any federal, state, or local taxes of any kind required by law to be withheld by the Company with respect to such income. The Company shall, to the extent permitted by law, have the right to deduct any such taxes from any payment of any kind otherwise due to Participant. The Company’s obligation to deliver Common Stock to Participant is subject to and conditioned on tax withholding obligations being satisfied by Participant.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All claims or controversies arising out of or in connection with this Plan shall, subject to the initial review provided for in th e foregoing provision s of thi s Article, b e resolved through arbitration as provid ed in this Paragraph 11. 4. Exce pt as otherwise agreed mutuall y by the parties , any arbitration shall be administered und er and by th e Judicial Arbitration & Mediation Services, Inc. ("JAMS"), in accordance with the JAMS procedure then in effect. The arbitration shall b e held in the JAMS off ice nearest to where th e Claimant is or was la s t emplo ye d b y the Employer or at a mutually a greeab l e location. Th e p reva iling party in the arbitration s hall ha ve th e right to recov e r its r easo nabl e attorney1s fees, di s bursem e nts and cost s of th e arbitration (including enforcement of the arbitration decision), subject to any contrary det erm inati on b y the arbitrator.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: walked toward the abandoned SUV, not along the gravel trail. (Docket No. 370 at p. 79.) Officer Vega observed no other individual or human activity. Id. Officer Vega knew that the Eduardoño-type vessel had approached the protected cove approximately 500 feet away and had at least three occupants, and that a fourth suspect drove the SUV. (Docket No. 370 a p. 75.), The PRPD helicopter had informed Officer Vega that the three occupants of the vessel fled towards the shore and remained at large. (Docket No. 369 at pp. 84-85.) Officer Vega instructed defendant Mercedes to stop, placed defendant Mercedes on the ground and conducted a security, frisk. (Docket No. 388 at p. 17.) These actions constitute a Terry stop, not an arrest. See United States v. Taylor, 162 F.3d 12 (1st Cir. 1998) (<HOLDING>). The facts known to the arresting officers Options: A. holding that although officers observation and stop of the defendants vehicle occurred outside of the officers geographical jurisdiction the officer still had jurisdiction where the officer was requested by a state trooper to stop the suspects vehicle B. holding that long authorizes protective search of vehicle for weapons during terry stop even when suspect is outside vehicle and effectively under police control C. holding that a seventyfive minute terry stop was reasonable D. holding that officers action of putting suspects on the ground and searching for weapons was within the scope of a terry stop E. holding that threehour stop of terrorism suspects far exceeded the bounds of terry

assistant: The best answer is D. holding that officers action of putting suspects on the ground and searching for weapons was within the scope of a terry stop
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you change your place of residence , the airbnb company you contract with will be determined by your new place of residence as specified above , from the date on which your place of residence changes .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement has been validly authorized, executed and delivered by the Seller and, assuming the due authorization, execution and delivery thereof by the Buyers, is a valid and binding agreement enforceable in accordance with its terms, subject to the general principles of equity and to bankruptcy or other laws affecting the enforcement of creditors’ rights generally. The execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby by the Seller will not result in any violation of any statute, rule or regulation to which such Seller is subject, or constitute, with or without the passage of time and giving of notice, an event that results in the creation of any lien, charge or encumbrance upon any of the Founder Shares.

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 legal provision and list the applicable contract clause categories. Provision: All notices and other communications given or made pursuant to this Agreement shall be in writing and shall be deemed effectively given upon the earlier of actual receipt, or (i) when delivered, if sent by personal delivery to the party to be notified, (ii) when sent, if sent by electronic mail or facsimile (with electronic conformation of delivery) on a business day and during normal business hours of the recipient, and otherwise on the first business day in the place of recipient, (iii) five (5) business days after having been sent, if sent by registered or certified mail, return receipt requested, postage prepaid, or (iv) one (1) business day after deposit with an internationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written confirmation of receipt. All communications shall be sent to the respective parties at their address or contact details as set forth below, or to such address or contact details as subsequently modified by written notice given in accordance with this Section ‎9.11, or, in the case of the Investors, as used for purposes of sending shareholders’ notices by the Company.

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 legal provision and list the applicable contract clause categories. Provision: This Commitment Letter is entered into on the understanding that neither this Commitment Letter nor the Fee Letter nor any of their terms or substance shall be disclosed by you, directly or indirectly, to any other person except (a) Holdco, your subsidiaries and to your and their respective directors, officers, employees, affiliates, members, partners, stockholders, attorneys, accountants, independent auditors, agents and other advisors, in each case on a confidential basis, (b) in any legal, judicial or administrative proceeding or as otherwise required by applicable law, rule or regulation or as requested by a governmental regulatory or self-regulatory authority (in which case you agree, (i) to the extent permitted by law, to inform us promptly in advance thereof and (ii) to use commercially reasonable efforts to ensure that any information so disclosed is accorded confidential treatment), (c) to the extent reasonably necessary or advisable in connection with the exercise of any remedy or enforcement of any right under this Commitment Letter and/or any Fee Letter, (d) this Commitment Letter, including the existence and contents of this Commitment Letter (but not the Fee Letter or the contents thereof, other than the existence thereof and the aggregate amount of the fees payable thereunder as part of projections, pro forma information and a generic disclosure of aggregate sources and uses to the extent customary in marketing materials and other related disclosures) may be disclosed (i) in any syndication or other marketing materials in connection with the Backstop Credit Facilities and (ii) in connection with any public filing requirement, (e) the Term Sheets, including the existence and contents thereof (and the aggregate amount of fees payable under the Fee Letter as part of projections, pro forma information and a generic disclosure of aggregate sources and uses), may be disclosed to any rating agency in connection with the transactions contemplated hereby and (f) the Term Sheets, including the existence and contents thereof (but not the Fee Letter or the contents thereof), may be disclosed (in consultation with the Lead Arrangers) to any Lenders or participants or prospective Lenders or prospective participants and, in each case, their directors (or equivalent managers), officers, employees, affiliates, independent auditors or other experts and advisors on a confidential basis. The foregoing restrictions shall cease to apply in respect of the existence and contents of this Commitment Letter (but not in respect of the Fee Letter and its contents) on the earlier of the Closing Date and two years following the date on which you have accepted this Commitment Letter.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For value received, Cesca Therapeutics Inc., a Delaware corporation (the “ Borrower ”), hereby promises to pay to the order of Boyalife Investment Fund II, Inc., an Illinois corporation, together with its successors and assigns (the “ Lender ”), the principal sum of $10,000,000.00, or such lesser amount as may be outstanding from time to time. This Amended and Restated Convertible Promissory Note (this “ Note ”) amends and restates that certain Convertible Promissory Note, dated March 6, 2017, issued by Borrower to Lender (the “ Original Note ”). This Note is isssued pursuant to that certain Credit Agreement, dated March 6, 2017, as amended, by and between Borrower and Lender (the “ Credit Agreement ”) and is subject to the terms and conditions of the Credit Agreement. Capitalized terms used but not defined herein shall have the meanings ascribed thereto in the Credit Agreement.

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: exemption bolster this conclusion. In a recent case, Cox v. Acme Health Services, Inc., 55 F.3d 1304 (7th Cir.1995), the court considered whether a home health aide, who was employed by a private agency, provided companionship ser vices. Such aides performed more extensive services than those which Ms. Salyer provides for her husband. Id. at 1306. Furthermore, under the applicable state law in Cox, the aide’s services required more training than do the services listed in the federal regulation. Id. Nonetheless, the aide’s medical training was far less than that required of registered or practical nurses. Id. at 1309-10. The court thus held that the home health aide fell under the exemption. Id. at 1311. See also Linn v. Developmental Servs., 891 F.Supp. 574, 576-78 (N.D.Okla.1995) (<HOLDING>); Sandt v. Holden, 698 F.Supp. 64, 67-68 Options: A. holding that state and federal equal protection guarantees provide similar protections B. holding testimony about plaintiffs mental and physical state before treatment by physician was relevant C. holding that plaintiff who provided similar services which were arguably attendant care services under state law fell within the exemption D. holding that a plaintiff who provided similar services which also required limited training and state certification was employed to provide fellowship and protection for individuals of advanced age and physical and mental infirmities E. holding that when the claimant has established that his impairment prevents him from returning to his previous employment the burden shifts to the commissioner who must produce evidence to show the existence of alternative substantial gainful work which exists in the national economy and which the claimant could perform considering not only his physical and mental capability but also his age education experience and training

assistant: The best answer is D. holding that a plaintiff who provided similar services which also required limited training and state certification was employed to provide fellowship and protection for individuals of advanced age and physical and mental infirmities
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: 14.2 you acknowledge that airbnb has no obligation to monitor the access to or use of the airbnb platform by any member or to review , disable access to , or edit any member content , but has the right to do so to ( i ) operate , secure and improve the airbnb platform ( including without limitation for fraud prevention , risk assessment , investigation and customer support purposes ) ; ( ii ) ensure members ' compliance with these terms ; ( iii ) comply with applicable law or the order or requirement of a court , law enforcement or other administrative agency or governmental body ; ( iv ) respond to member content that it determines is harmful or objectionable ; or ( v ) as otherwise set forth in these terms .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than to one of its Affiliates, the General Partner may not transfer any of its Partnership Interests except in connection with (i) a transaction permitted under Section 11.2.B , (ii) a Transfer to any wholly owned Subsidiary of the General Partner or the owner of all of the ownership interests of the General Partner, or (iii) as otherwise expressly permitted under this Agreement, nor shall the General Partner withdraw as General Partner except in connection with a transaction permitted under Section 11.2.B or any Transfer, merger, consolidation, or other combination permitted under clause (ii) of this Section 11.2.A .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: legal analysis of the 1866 Cherokee Treaty and 1867 Agreement. The agency concluded the agreement evidenced the Delawares’ election of the treaty’s “preservation option” because it required two payments (whereas the incorporation option only required one) and Delawares made two payments ($157,600 and $121,824) to the Cherokee Nation. The DOI therefore maintains the Delawares preserved their tribal identity when they moved to the Cherokee Nation in the 1860s. We do not begin with a clean slate. In fact, every court to consider the actual terms of the 1866 Cherokee Treaty and 1867 Agreement has explicitly or implicitly rejected the DOFs reading of the agreement. See Jou0rneycake v. Cherokee Nation, 28 Ct.Cl. 281, 311 (1893) affd as modified 155 U.S. 196, 15 S.Ct. 55, 39 L.Ed. 120 (1894) (<HOLDING>); Cherokee Nation v. Journeycake, 155 U.S. 196, Options: A. holding that under the 1867 agreement two independent bodies politic united and became one the lesser according to its terms being merged into the greater B. holding public bodies may not be bound by contracts without evidence of the contract terms in the minutes C. recognizing court must enforce unambiguous contract according to its terms D. holding that if the statutory terms are unambiguous a courts review ends and the statute is construed according to the plain meaning of its words E. holding that when the language of a statute is clear courts should not substitute their judgment for that of congress and should enforce the statute according to its terms

assistant: The best answer is A. holding that under the 1867 agreement two independent bodies politic united and became one the lesser according to its terms being merged into the greater
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: Directly or indirectly, purchase, acquire or lease any property from, or sell, transfer or lease any property to, or otherwise enter into any transaction or deal with, any Affiliate, except transactions disclosed to the Agent, which are in the Ordinary Course of Business, on an arm’s-length basis on terms and conditions no less favorable than terms and conditions which would have been obtainable from a Person other than an Affiliate, provided , however , any Borrower shall be permitted to make loans (i) to Affiliates (specifically excluding Guarantors), so long as the aggregate principal amount of all such loans made by all Borrowers shall not exceed $250,000 outstanding at any one time and (ii) to Guarantors.

assistant: Transactions With Affiliates
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: requirements. Further, upon review of the record, we find no objection by appellant to the trial court’s response to the jury question. Appellant stated that he was satisfied with the judge’s instruction. See N.T., 9/22/99, at 131-32. Under Pa. R.A.P. 302(a), “[i]ssues not raised in the lower court are waived and cannot be raised for the first time on appeal.” See also Commonwealth v. Edmondson, 553 Pa. 160, 718 A.2d 751, 753 (1998); Commonwealth v. Dennis, 548 Pa. 116, 695 A.2d 409, 411 (1997) (“[I]f appellate courts were to consider issues not raised in the trial court, then the trial would become a dress rehearsal ....”) (citing Dilliplaine v. Lehigh Valley Trust Company, 457 Pa. 255, 322 A.2d 114, 116 (1974)); Commonwealth v. Jones, 248 Pa.Super. 214, 375 A.2d 63, 65-66 (1977) (<HOLDING>). Because appellant did not preserve the issue Options: A. holding that the failure to object to a trial courts instruction constitutes waiver B. holding that plaintiffs failure to object to the improper comments of defendant during closing arguments resulted in waiver of plaintiffs right to argue the issue on appeal because the trial court was not given an opportunity to rule on the issue C. holding that the failure to object to an instruction constitutes a waiver of error D. holding that failure to object to trial courts refusal of further instruction to jury during deliberation results in waiver of issue on appeal E. holding failure to object in timely fashion at trial results in waiver of issue for appeal

assistant: The best answer is D. holding that failure to object to trial courts refusal of further instruction to jury during deliberation results in waiver of issue on 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: these terms constitute the entire and exclusive understanding and agreement between niantic and you regarding the services and content , and these terms supersede and replace any and all prior oral or written understandings or agreements between niantic and you regarding the services and content .

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: and may accept or reject any portion of the testimony.” (punctuation omitted)). 16 Although Taffar was trained in field-sobriety tests at the time of the suppression hearing, he had not yet received such training when he arrested Blanchard. As a result, no field-sobriety tests were performed in this case. 17 See Ewumi, 315 Ga. App. at 657-58 (1); Sanders, 274 Ga. App. at 397-98 (notingthat“[i]f the members of this Court had been sitting as the trier of fact, we might well have found that the officers had probable cause to arrest based on several indicia of impairment,” hut affirming the trial court’s finding that there was insufficient probable cause to support a DUI arrest). 18 Ellison, 271 Ga. App. at 904 (6); see, e.g., Temples v. State, 228 Ga. App. 228, 231 (491 SE2d 444) (1997) (<HOLDING>). 19 Ellison, 271 Ga. App. at 904 (6); see also Options: A. holding that there was insufficient probable cause for a dui arrest when inter alia although the defendants eyes were bloodshot and watery there was no evidence that her eyes were glassy or unfocused B. holding that the trial court was authorized to conclude that probable cause supported an arrest for dui when evidence showed that the officer detected the odor of alcohol coming from the defendants vehicle the defendant admitted to having consumed alcohol her breath tested positive for the presence of alcohol her speech was slurred and her eyes were red and watery and she failed the oneleg stand field sobriety test C. holding that there was insufficient probable cause for a dui arrest when inter alia there was testimony that the defendants eyes were bloodshot and watery D. holding that the odor of alcohol on the defendants breath her admission that she had a few drinks earlier in the evening and a positive result on a breath test do not provide probable cause to arrest her for dui E. holding that there was sufficient probable cause for the defendants dui arrest when the evidence showed that the officer smelled the odor of alcohol on the defendants breath the defendants eyes were bloodshot and watery and his breath test was positive for alcohol

assistant: The best answer is E. holding that there was sufficient probable cause for the defendants dui arrest when the evidence showed that the officer smelled the odor of alcohol on the defendants breath the defendants eyes were bloodshot and watery and his breath test was positive for alcohol
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 other cell phones in the area) to identify the phone to the network for authentication. That process would be repeated at different locations until the target cell-phone number was identified— here, that included the identification of several prepaid cell phones subscribed to in fictitious names using a post office box address in California. Defendants assert that the identification information was obtained “illegally” — and therefore evidence derived from that infor mation should be suppressed — because the use of a cell-site simulator to capture “autonomously” transmitted information could not be authorized under the pen-registe e itself provide for the suppression of evidence as a remedy for its violation. See United States v. Thompson, 936 F.2d 1249, 1250-51 (11th Cir. 1991) (<HOLDING>). We agree with the district court that use of Options: A. holding suppression is not a remedy for violation of vienna convention under federal law B. holding that the appropriate remedy for a public trial violation was a new suppression hearing not a new trial because the remedy should be appropriate to the violation C. holding that the fourth amendment remedy sought is suppression D. holding suppression not available remedy for violation of 18 usc 1321 et seq E. holding that suppression of the evidence or dismissal of an indictment are not required to remedy a violation of 6103

assistant: The best answer is D. holding suppression not available remedy for violation of 18 usc 1321 et seq
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 terms and conditions of the Participant's Award Agreement shall govern the extent, if at all, to which the vesting of any Award is accelerated or forfeited due to a Participant's death, Disability, or Retirement; provided that, for Full-Value Awards intended to qualify for the Performance-Based Exception, no vesting may occur or no distribution may be made prior to the attainment of the Performance Goals.

assistant: Disability
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: “identification .” Typically, [The] situation contemplated by the code and the case law is one where the victim sees the assailant shortly after the criminal episode and says, “that’s the man.” Hence, the phrase “identification of a person made after perceiving him” refers to the witness seeing a person after the criminal episode and identifying that person as the offender. Stanford v. State, 576 So.2d 737, 739-40 (Fla. 4th DCA)(footnote omitted), rev. denied, 587 So.2d 1329 (Fla.1991). Nevertheless, given the ample time during this encounter that the victim had to become aware of Simmons’ physical features and the victim’s own testimony at trial concerning the certainty of his identification of appellant, we find the error harmless. See Goodwin v. State, 751 So.2d 537, 541 (Fla.1999)(<HOLDING>). As to his second issue on appeal, appellant Options: A. holding that the harmless error test places a burden on the state to prove that the error complained of did not contribute to the verdict or alternatively stated that there is no reasonable possibility that the error contributed to the conviction B. holding that harmless error test is satisfied when there is no reasonable possibility that the error contributed to the conviction C. holding that error is considered harmless if it is established beyond a reasonable doubt that the error complained of did not contribute to the verdict or alternatively stated that there is no reasonable possibility that the error contributed to the conviction D. holding that under the harmless error standard an appellate court must determine whether there is a reasonable possibility that the error complained of might have contributed to the conviction E. holding that error is harmless if there is substantial independent evidence of guilt satisfying the reviewing court there is no substantial likelihood the challenged evidence contributed to the conviction

assistant: The best answer is B. holding that harmless error test is satisfied when there is no reasonable possibility that the error contributed to the conviction
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 notices and other communications permitted or required by the provisions of this Note (except for telephonic notices expressly permitted) must be in writing and will be deemed to have been properly given or served by depositing the same with the United States Postal Service, or any official successor, designated as Certified Mail, Return Receipt Requested, bearing adequate postage, or deposited with reputable private courier or overnight delivery service, and addressed as provided below. Each such notice will be effective upon being deposited or delivered as aforesaid. The time period within which a response to any such notice must be given, however, will commence to run from the date of receipt of the notice by the addressee. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given will be deemed to be receipt of the notice sent. By giving to the other party at least ten (10) days’ notice, either party will have the right from time to time to change its address and will have the right to specify as its address any other address within the United States of America.

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 legal provision and list the applicable contract clause categories. Provision: The Buyer shall be entitled to deduct and withhold from any consideration otherwise payable to any Person pursuant to this Agreement such amounts as it is required to deduct and withhold with respect to the making of such payment or to otherwise take such action to satisfy any other Tax withholding and reporting obligations with respect to the transaction contemplated hereby. To the extent that such amounts are so withheld or paid over to or deposited with the relevant Taxing Authority such withheld amounts shall be treated for all purposes of this Agreement as having been paid to the applicable Person in respect to which such deduction and withholding was made. The Buyer shall use commercially reasonable efforts to notify the Seller of any amounts that it intends to deduct and withhold prior to the scheduled date of such withholding. The Buyer shall work in good faith with the Seller to minimize any such withheld amounts.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: exhaustion is futile in this case. As 54 (9th Cir.2002) (requiring exhaustion under IDEA where parents brought action under Section 1983 requesting money damages to compensate them for lost educational opportunities, embarrassment, psychological injury, emotional distress and humiliation); Frazier v. Fairhaven Sch. Comm., 122 F.Supp.2d 104, 111 (D.Mass.2000). Finally, Plaintiffs reliance on McCormick v. Waukegan Sch. Dist. # 60, 374 F.3d 564 (7th Cir.2004) is misplaced as that case involved allegations of physical abuse leading to serious kidney damage that permanently reduced the student’s quality of life. In short, the nature of the student’s claims in McCormick were physical not educational. Id. at 569; see also Padilla v. Sch. Dist. No. 1., 233 F.3d 1268, 1274-75 (10th Cir.2000) (<HOLDING>); Witte v. Clark County Sch. Dist., 197 F.3d Options: A. holding that by its terms the idea does not require exhaustion where the relief sought is unavailable in an administrative proceeding under the idea monetary damages are not available so exhaustion is not required B. holding that a student with disabilities who suffered a fractured skull and exacerbation of a seizure disorder when placed in an unsupervised windowless closet did not have to exhaust her administrative remedies under the idea because these physical injuries were outside the scope of the idea C. holding that damages are not relief that is available under the idea D. recognizing that idea is simply not an antidiscrimination statute so that pure discrimination claim was not barred by parents failure to exhaust remedies under idea E. holding that bjecause idea provides a comprehensive remedial scheme for violations of its own requirements parties may not sue under section 1983 for an idea violation

assistant: The best answer is B. holding that a student with disabilities who suffered a fractured skull and exacerbation of a seizure disorder when placed in an unsupervised windowless closet did not have to exhaust her administrative remedies under the idea because these physical injuries were outside the scope of the idea
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: emboli had the Heparin been resumed following the amputation surgery. We conclude that this is a fair summary of the causal relationship between Hillery’s failure to meet the appropriate standard of care and the injury, harm, or damages claimed. See Manor Care Health Servs., Inc. v. Ragan, 187 S.W.3d 556, 564 (Tex.App.-Houston [14th Dist.] 2006, pet. granted, judgment vacated w.r.m.) (concluding report adequate concerning causation where report stated that administration of anticoagulant medication was necessary to prevent pulmonary emboli and that as result of failure to administer drugs patient probably suffered pulmonary emboli and consequently died); cf. Shenoy v. Jean, No. 01-10-01116-CV, 2011 WL 6938538, at *7 (Tex.App.-Houston [1st Dist.] Dec. 29, 2011, no pet. h.) (mem op.) (<HOLDING>). In his appellate brief, Hillery also argues Options: A. holding report inadequate concerning causation because it failed to link decedents preexisting conditions to an increased risk for the injury involved in that claim B. holding that causation is an essential element in failure to warn claim C. holding no jurisdiction where appellant argued report was no report because it failed to mention appellant in any substantive way but trial court found report was merely deficient on element of causation as to appellant and granted extension D. holding that causation section of expert medical report was not eonclusory when read in context of entire report E. holding that allegation of procedural injury does not affect the issues of injury in fact or causation

assistant: The best answer is A. holding report inadequate concerning causation because it failed to link decedents preexisting conditions to an increased risk for the injury involved in that claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Prudential has received all necessary corporate approvals and no other action on the part of Prudential is necessary to authorize the execution, delivery and performance of this Commitment Agreement and the Ancillary Agreements, and the consummation of the transactions contemplated to be undertaken by Prudential in this Commitment Agreement and the Ancillary Agreements. This Commitment Agreement and the Ancillary Agreements have been (or will be) duly executed and delivered by Prudential, and each is (or when executed will be) a valid and binding obligation of Prudential, enforceable against Prudential in accordance with its terms, subject to the applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting the enforcement of creditors’ rights generally and by general equitable principles (“ Enforceability Exceptions ”).

assistant: Enforceability
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’ claims brought pursuant to Commonwealth law are hereby DISMISSED WITHOUT PREJUDICE. V. CONCLUSION For the reasons stated above, this Court hereby GRANTS the Hospital’s motion for summary judgment (Docket No. 65). The claims pursuant to EMTALA are hereby DISMISSED WITH PREJUDICE and the remaining state-law claims are DISMISSED WITHOUT PREJUDICE. Judgment shall be entered accordingly. IT IS SO ORDERED. 1 . The court entered partial judgment dismissing all claims against Dr. Reyes and SIMED in its capacity as insurer for this party on March 21st, 2011. See Docket No. 39. 2 . Moreover, part of the medical record is in the Spanish language in contravention with the First Circuit’s ruling in Puerto Ricans For Puerto Rico Party v. Dalmau, 544 F.3d 58 (1st Cir.2008) (<HOLDING>). Specifically, a document titled "Forma para Options: A. holding that the documents contents supported a finding of authenticity since these documents were addressed to the defendants coconspirator and several were responsive to the coconspirators faxes B. holding that pursuant to the best evidence rule trial testimony relying on documents was inadmissible without submission of such documents or an explanation as to why the documents were unavailable C. holding defendants were required to provide certified english language translation of documents D. holding that financial documents specifically required as part of the application were patently critical to the insurers decision to provide o coverage E. holding that it was appropriate for the district court to refer to the documents attached to the motion to dismiss since the documents were referred to in the complaint

assistant: The best answer is C. holding defendants were required to provide certified english language translation of documents
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: Pro/E software in this case constituted a sale of goods, the first issue to be resolved is whether Massachusetts law allows parties to a contract for a sale of goods to contractually limit damages, and provide limitations periods on initiation of contractual claims. Under Massachusetts law, a contractual one year limitations period does not violate Massachusetts public policy, and is expressly permitted under the Massachusetts UCC. Mass. Gen. Law ch. 106 § 2-725; Hays v. Mobil Oil Corp., 930 F.2d 96, 100 (1st Cir.1991). Similarly, the Massachusetts UCC allows parties to a contract for the sale of goods to limit damages as long as such limitation would not be unconscionable. Mass. Gen. Law ch. 106 § 2-719. See also, PC COM, Inc. v. Proteon, Inc., 946 F.Supp. 1125, 1138 (S.D.N.Y.1996) (<HOLDING>). Similarly, Massachusetts law permits parties Options: A. holding fee splitting provision of arbitration agreement unconscionable under california law B. holding that tort law and the law of punitive damages are not controlled by the contract choice of law provision C. holding that under massachusetts law contractual provision in computer goods sales contract limiting consequential damages was not unconscionable D. holding arbitration provision of automobile installment sales agreement unconscionable E. holding the class action waiver provision of cellular telephone service contract unconscionable

assistant: The best answer is C. holding that under massachusetts law contractual provision in computer goods sales contract limiting consequential damages was not unconscionable
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 required or permitted hereunder shall be in writing and shall be deemed effectively given: (i) upon personal delivery to the party to be notified; (ii) when sent by confirmed telex or facsimile if sent during normal business hours of the recipient, if not, then on the next business day; (iii) five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) one (1) day after deposit with a nationally recognized overnight courier, specifying next day delivery, with written verification of receipt. All communications shall be sent to the Company and to Purchaser at the addresses as set forth on the signature page hereof or at such other address as the Company or Purchaser may designate by ten (10) days advance written notice to the other parties hereto.

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 legal provision and list the applicable contract clause categories. Provision: No waiver of any provision or consent to any action shall constitute a waiver of any other provision or consent to any other action, whether similar. No waiver or consent shall constitute a continuing waiver or consent or commit a party to provide a waiver in the future except to the extent specifically set forth in writing. Any waiver given by a party shall be null and void if the party requesting such waiver has not provided a full and complete disclosure of all material facts relevant to the waiver requested.

assistant: No Waivers