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: defendants’ story was not credible: Why go biking in Vermont when you can bike in Arizona? However, October is prime foliage season in Vermont, and a plan to bike there hardly seems suspicious at that time of year. Contrast Chhien, 266 F.3d at 4-7 (conflicting stories were given to police questions by passenger and driver, a consensual frisk revealed $2,000 r Missouri traffic law, I conclude that Officer Crivello did not have reasonable suspicion for holding the defendants until the canine arrived. While Officer Crivel-lo’s hunch turned out to be true, the fact that the defendants were from a source state heading across the country for a bike trip on a known drug pipeline do not give rise to reasonable suspicion because too many people fit this description. See Yousif, 308 F.3d at 828 (<HOLDING>); see generally Reid v. Georgia, 448 U.S. 438, Options: A. holding that prior drug trafficking conviction was admissible to prove intent to distribute B. holding that the facts that defendant had outofstate license plates and was traveling on a highway that was a known drug trafficking corridor alone cannot justify the stop C. recognizing the connection between guns and drug trafficking D. holding that there was reasonable suspicion to stop the defendant based on his presence in an area known for heavy narcotics trafficking and his flight upon seeing police officers E. holding that travel on a known drug corridor did not create reasonable suspicion because the factor was one of several applicable to a considerable number of those traveling for perfectly legitimate purposes

assistant: The best answer is B. holding that the facts that defendant had outofstate license plates and was traveling on a highway that was a known drug trafficking corridor alone cannot justify the 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 case excerpt and choose the best holding from the options. Case excerpt: Contract that Classieo provide such insurance. The government also asserts that it has indirectly provided plaintiff with its workers compensation insurance since the cost of such insurance is implicitly subsumed in' the price of the Contract. There are no reported Court of Appeals or District Court (lecisions in the Second Circuit addressing the issue before the Court. However, The government points to four other circuits that have held workers compensation benefits to be a plaintiff’s exclusive remedy where the plaintiff suffered workplace inju ríes while working for an employer under a contract to provide the government with services and where that contract required the employer to provide workers compensation insurance. See Belluomini v. United States, 64 F.3d 299 (7th Cir.1995) (<HOLDING>); Vega-Mena v. United States, 990 F.2d 684 (1st Options: A. holding that the united states was a statutory employer under missouri law B. holding that the united states was a statutory employer under kansas law C. holding the act inapplicable to the united states in its role as employer D. holding that the united states was a statutory employer under puerto rico law E. holding that the united states was a statutory loaning employer under illinois law

assistant: The best answer is E. holding that the united states was a statutory loaning employer under illinois law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: failed to exhaust administrative remedies are appropriately reviewed under Rule 12(b)(6), not under Rule 12(b)(1). See Hidalgo v. FBI, 344 F.3d 1256, 1260 (D.C.Cir.2003); Jones v. U.S. Dep’t of Justice, 576 F.Supp.2d 64, 65-66 (D.D.C. 2008) ("When a FOIA defendant disputes that a FOIA plaintiff has fulfilled the exhaustion requirement, the matter is properly the subject of a motion brought under Rule 12(b)(6) for failure to state a claim upon which relief can be granted.”). As such, there are no grounds for dismissal under Rule 12(b)(1). Furthermore, because "matters outside the pleading are presented to and not excluded by [this] court,” the DOT's motion shall be treated as one for summary judgment. See Holy Land Found, for Relief & Dev. v. Ashcroft, 333 F.3d 156, 165 (D.C.Cir.2003) (<HOLDING>). 6 . Furthermore, to the extent that FOIA Options: A. holding that a rule 12b6 motion to dismiss should be treated as a motion for summary judgment when plaintiffs counsel relied upon facts outside the four corners of the complaint during oral argument of the motion B. recognizing that failing to convert a rule 12b6 motion to a motion for summary judgment will not constitute reversible error if the dismissal can be justified without considering the outside materials C. holding that a rule 12b6 motion is only converted to a motion for summary judgment when a court accepts and considers matters outside of the pleadings D. holding that where a court considering a rule 12b6 motion relies on matters outside the pleading the motion must be treated as a rule 56 motion for summary judgment E. holding that by considering matters outside of the pleadings the trial court converted a rule 12b6 motion to dismiss into a summary judgment motion

assistant: The best answer is D. holding that where a court considering a rule 12b6 motion relies on matters outside the pleading the motion must be treated as a rule 56 motion for summary judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: To the actual knowledge of such Stockholder, (i) there is no investigation or review pending or threatened by any Governmental Entity, (ii) there are no Claims pending or threatened by or before any Governmental Entity, arbitrator or arbitration panel against such Stockholder or any of its properties or assets and (iii) there are no Orders of any Governmental Entity, arbitrator or arbitration panel outstanding binding on such Stockholder or any of its respective properties or assets, in each case, that would reasonably be expected to have, individually or in the aggregate, a material adverse effect on such Stockholder’s ability to perform and comply with its covenants and agreements under this Agreement.

assistant: Litigations
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 PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AMENDMENT OR ANY OF THE OTHER LOAN DOCUMENTS. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AMENDMENT AND THE OTHER LOAN DOCUMENTS, AS APPLICABLE, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 6.

assistant: Waiver Of Jury 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 case excerpt and choose the best holding from the options. Case excerpt: analysis that defendants had a “special relationship” with plaintiffs and that plaintiffs’ evidence might suffice to show negligence. This argument ignores the district court’s finding that there was no evidence presented to show that defendants had any “actual knowledge of a substantial risk of harm.” Nor did plaintiffs present evidence showing that defendants could have reasonably foreseen that either Stevens or Lovick were likely to abuse the children. Plaintiffs’ failure to present such evidence means that they cannot satisfy the third prong of this test. Gloria and Terry remain entitled to immunity for the negligence claims brought against them in their official capacities. See Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 99-100, 106, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984) (<HOLDING>). Finally, as the district court held, Gloria Options: A. holding that in a suit against state officials in their official capacities monetary relief unlike prospective injunctive relief is generally barred by the eleventh amendment B. holding that such claims however cannot be brought directly against the state or a state agency but only against state officials in their official capacities C. holding an exception to eleventh amendment immunity inapplicable in a suit against state officials on the basis of state law D. holding that barring waiver by the state the eleventh amendment precludes federal courts from hearing state claims brought against state officials in their official capacities E. holding that an action brought against the state officials in their official capacities was not properly removed to federal court because the district court lacked jurisdiction

assistant: The best answer is D. holding that barring waiver by the state the eleventh amendment precludes federal courts from hearing state claims brought against state officials in their official capacities
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: 612 (N.D.Iowa 1972) (stating that “absent other considerations” it would be unreasonable to allow the filing of a Rule 60(b)(6) motion based upon perjury of a third-party witness more than one year after entry of judgment). Like the plaintiff in Lester, Swanson seeks to vacate the judgment because Donna, a third-party witness, committed perjury. Swanson did not file his motion, however, until nearly 32 months after the entry of the judgment in this case. Swanson’s motion thus would be untimely if Jones, rather than Donna, committed perjury. And like the court in Lester, the court here finds no reason to treat Donna’s testimony differently than Jones’s testimony. The court thus finds that Swanson’s motion was not filed in a reasonable amount of time. See also Middleton, 388 F.3d at 614 (<HOLDING>). Swanson attempts to distinguish Lester by Options: A. holding that a 13 month delay was unreasonable B. holding threeyear delay without mitigating circumstances was unreasonable C. holding that a five month delay was unreasonable D. holding that a 26month delay was a period of time which constitutes a patently unreasonable delay absent mitigating circumstances E. holding that a six month delay was unreasonable

assistant: The best answer is B. holding threeyear delay without mitigating circumstances was unreasonable
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 Exchange shall occur remotely via the exchange of signatures on such later date as determined by the Company (the “ Closing ”). The Holder understands that this Agreement is not binding on the Company until the Company accepts it, which acceptance is in the Company’s sole discretion, by executing this Agreement where indicated.

assistant: Closings
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 shall be governed by, and construed and enforced in accordance with, the laws of the State of New York, without regard to any choice-of-law rules thereof which might apply the laws of any other jurisdiction. To the fullest extent permitted by law, the resolution of all disputes arising under, or relating to, this Agreement shall be governed by, and construed and enforced in accordance with, the arbitration provision of the Restrictive Covenant Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “involves challenges to the length of term-of-years sentences given all the circumstances in a particular case.” Graham, 130 S.Ct. at Graham is limited to juveniles. See United States v. Banks, 679 F.3d 505, 507 (6th Cir.2012); Jones, 476 Fed.Appx. at 652; Moore, 643 F.3d at 457. Walker’s attempts to differentiate his case are unpersuasive. That Walker’s sentence may prove to be an “effective[ ] life sentence” does not create an Eighth Amendment violation. “[T]he Supreme Court has never held that a sentence to a specific term of years, even if it might turn out to be more than the reasonable life expectancy of the defendant, constitutes cruel and unusual punishment.” United States v. Beverly, 369 F.3d 516, 537 (6th Cir.2004); see also Bunch v. Smith, 685 F.3d 546, 550 (6th Cir.2012) (<HOLDING>). Accordingly, Walker’s categorical challenge Options: A. holding that the eighth amendment forbids life without the possibility of parole for a juvenile who commits a nonhomicide offense B. holding that consecutive fixedterm sentences for juveniles who committed multiple nonhomicide offenses are not clearly unconstitutional under graham even when they amount to the practical equivalent of life without parole C. holding that multiple sentences for offenses under 18 usc 924c are appropriate when multiple separate acts of firearm use have occurred even if they are related to the same underlying offense D. holding that life without parole sentences for nonhomicide offenses violates the eighth amendment E. recognizing that njeither graham nor miller explicitly apply to the functional equivalent of life without parole ie de facto life sentences

assistant: The best answer is B. holding that consecutive fixedterm sentences for juveniles who committed multiple nonhomicide offenses are not clearly unconstitutional under graham even when they amount to the practical equivalent of life without parole
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 PARTY HERETO IRREVOCABLY AND UNCONDITIONALLY AGREES THAT IT WILL NOT COMMENCE ANY ACTION, LITIGATION OR PROCEEDING OF ANY KIND OR DESCRIPTION, WHETHER IN LAW OR EQUITY, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, AGAINST THE ADMINISTRATIVE AGENT, ANY LENDER, ANY L/C ISSUER OR ANY RELATED PARTY OF THE FOREGOING IN ANY WAY RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS RELATING HERETO OR THERETO, IN ANY FORUM OTHER THAN THE COURTS OF THE STATE OF NORTH CAROLINA SITTING IN MECKLENBURG COUNTY AND OF THE UNITED STATES DISTRICT COURT OF THE WESTERN DISTRICT OF NORTH CAROLINA, AND ANY APPELLATE COURT FROM ANY THEREOF, AND EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE JURISDICTION OF SUCH COURTS AND AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION, LITIGATION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NORTH CAROLINA STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN SUCH FEDERAL COURT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION, LITIGATION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS AGREEMENT OR IN ANY OTHER LOAN DOCUMENT SHALL AFFECT ANY RIGHT THAT THE ADMINISTRATIVE AGENT, ANY LENDER OR ANY L/C ISSUER MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AGAINST THE BORROWER OR ITS PROPERTIES IN THE COURTS OF ANY JURISDICTION.

assistant: Submission 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: that Fowler’s presence when the misdemeanor was committed is relevant to Barry’s constitutional claim. The Fourth Amendment protects persons against “unreasonable searches and seizures.” U.S. Const, amend. IV. The “reasonableness” and hence constitutionality of a warrantless arrest is determined by the existence of probable cause. See, e.g., United States v. Hoyos, 892 F.2d 1387, 1392 (9th Cir.1989). The requirement that a misdemeanor must have occurred in the officer’s presence to justify a warrant-less arrest is not grounded in the Fourth Amendment. See Street v. Surdyka, 492 F.2d 368, 371-72 (4th Cir.1974) (cited in Welsh v. Wisconsin, 466 U.S. 740, 756, 104 S.Ct. 2091, 2101, 80 L.Ed.2d 732 (J. White dissenting) (1984)). See also Clark v. Link, 855 F.2d 156, 161-63 (4th Cir.1988) (<HOLDING>); Moore v. Marketplace Restaurant, Inc., 754 Options: A. holding that a contracts clause violation may support a 1983 claim B. holding that violation of state law was not a per se constitutional violation C. holding that section 1983 actions based on violation of the fourth amendment may not rest on violation of state law D. holding that a violation of the wellestablished rule of brignoniponce constituted an egregious violation of the fourth amendment E. holding that 1983 does not provide a remedy if there is no violation of federal law

assistant: The best answer is C. holding that section 1983 actions based on violation of the fourth amendment may not rest on violation of state law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: privacy based on false light in Duhammel, should also be required elements of a claim for invasion of privacy based on publicity given to private life. We therefore find that appellants’ failure to state a cause of action for the intentional infliction of emotional distress is fatal to each of their privacy claims as well. Count III of the appellants’ complaint sets forth the claim of liability for intended consequences. See Restatement (Second) of Torts § 870(1977). The principle has not been adopted in Arizona and even in those jurisdictions where it is recognized, it is inapplicable “where plaintiff can have adequate redress by any of the forms of action known and practiced.” 14 C.J.S. Case § 2 at 4 (1939). See, e.g., Cartwright v. Golub Corp., 51 A.D.2d 407, 381 N.Y.S.2d 901 (1976) (<HOLDING>). A review of appellants’ multi-count complaint Options: A. holding that where the specific acts alleged are defamatory the only remedy lies in the traditional tort of defamation B. holding that the burden lies with the plaintiff in a rule 12b motion C. holding that although the form of relief alone does not govern the categorization of a claim as a tort or other type of action a trial court must consider the nature of the relief sought to determine whether a particular claim lies in tort or could lie in tort D. holding that economic loss rule precluded the plaintiffs tort claims because they only alleged injuries to the subject of the contract itself E. holding that the primary obligation for the disclosure of matters which are essentially in the prosecutorial domain lies with the government

assistant: The best answer is A. holding that where the specific acts alleged are defamatory the only remedy lies in the traditional tort of defamation
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: have found that similar evidence compels the conclusion that the petitioner is entitled to withholding of removal. In Salazar-Paucar v. INS, we held that threats from Shining Path guerrillas combined with harm inflicted on family members constituted past persecution and thus entitled the petitioner to a presumption that future persecution was likely. 281 F.3d 1069, 1074-75 (9th Cir.2002). Similarly, in Tagaga v. INS the record compelled the finding that future persecution was more likely than not where military officials threatened to try the petitioner for treason upon his return. 228 F.3d 1030, 1035 (9th Cir.2000). There is no evidence that the abuse inflicted upon Njuguna’s family came from a source other than the Moi regime. See Cardenas v. INS, 294 F.3d 1062, 1066 (9th Cir.2002) (<HOLDING>). It would be unrealistic to expect Njuguna’s Options: A. holding that record compelled conclusion that telephoned threat came from persecutors in absence of evidence to the contrary B. holding that the alj is free to reject the opinion of any physician when the evidence supports a contrary conclusion C. holding that there is an inference from the existence of a blank for the name of defendants lawyer and from the absence of any evidence to the contrary that defendant was not represented by counsel D. holding that a statutory presumption is a rule of law requiring a trier of fact to reach a particular conclusion in the absence of evidence to the contrary E. recognizing that jury may infer from the evidence that defendants money came from drug sales

assistant: The best answer is A. holding that record compelled conclusion that telephoned threat came from persecutors in absence of evidence to the contrary
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: Borrower shall and does hereby agree to indemnify and to hold Lender harmless of and from any and all claims, demands, liability, loss or damage (including all reasonable out-of-pocket costs, expenses, and reasonable out-of-pocket attorneys' fees incurred in the defense thereof) asserted against, imposed on or incurred by Lender in connection with or as a result of this Assignment or the exercise of any rights or remedies under this Assignment or under any of the Leases or by reason of any alleged obligations or undertakings of Lender to perform or discharge any of the terms, covenants or agreements contained in any of the Leases; provided, however, that nothing herein shall be construed to obligate Borrower to indemnify and hold Lender harmless from and against any and all claims, demands, liability, loss or damage enacted against, imposed on or incurred by Lender by reason of Lender's willful misconduct, illegal action or gross negligence. Should Lender incur any such liability, loss or damage, or in the defense of any such claims or demands, for which it is to be indemnified by Borrower as aforesaid, the amount thereof shall be added to the Obligations, shall bear interest at the default rate specified in the Note from the date incurred until paid, shall be secured by this Assignment, the Mortgage and the other Loan Documents and shall be payable immediately upon written demand.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent that the receipt of the Option, this Agreement or the Cover Sheet, the vesting of the Option or the exercise of the Option results in income to Optionee for federal, state, local or foreign income, employment or other tax purposes with respect to which the Company or its subsidiaries or any Affiliate has a withholding obligation, Optionee shall deliver to the Company at the time of such receipt, vesting or exercise, as the case may be, such amount of money as the Company or its subsidiaries or any Affiliate may require to meet its obligation under applicable tax laws or regulations, and, if Optionee fails to do so, the Company or its subsidiaries or any Affiliate is authorized to withhold from the shares subject to the Option (based on the Fair Market Value of such shares as of the date the amount of tax to be withheld is determined) or from any cash or stock remuneration then or thereafter payable to Optionee any tax required to be withheld by reason of such taxable income, sufficient to satisfy the withholding obligation.

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 case excerpt and choose the best holding from the options. Case excerpt: relief, because it was filed almost five years after Dearman pled guilty. See Miss. Code Ann. § 99-39-5(2) (Rev. 2015) (a motion for post-conviction relief must be filed within three years after the entry of a judgment of conviction based on a guilty plea). The court also noted that the underlying statute of limitations issue was discussed on the record at Dearman’s plea hearing. At her plea hearing, Dear-man’s attorney acknowledged that the prosecution was not barred by the statute of limitations because a warrant was issued for her arrest within about six weeks of the offense. See Miss. Code Ann. § 99-1-7 (Rev. 2015) (“A prosecution may be commenced, within the meaning of Section 99-1-5 by the issuance of a warrant .... ”); see also Conerly v. State, 607 So.2d 1153, 1158 (Miss. 1992) (<HOLDING>). ¶ 3. The circuit court correctly ruled that Options: A. holding that a valid guilty plea waives a statute of limitations defense B. holding that the defendants guilty plea was valid where the district court carefully questioned the defendant about whether he understood the consequences of his guilty plea C. holding statute of limitations is not jurisdictional and can be waived by a voluntary plea of guilty D. holding entry of guilty plea waives challenges to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea emphasis added E. holding entry of a guilty plea waives all nonjurisdictional issues

assistant: The best answer is A. holding that a valid guilty plea waives a statute of limitations defense
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the class with small individual claims, the costs of litigation and lack of notice would mean that small or unsophisticated claimants would go unprotected. It must be remembered that Rule 23(b)(3)’s superiority requirement expressly compares class actions “to other available methods for the fair and efficient adjudication of the controversy.” ... When the claims of the class members are small, denial of a class action would effectively exclude them from judicial redress. 1 Newberg § 4.27, at 4-107 to 4-109 (emphasis in original). The class action device may allow plaintiffs “to pool claims which would be uneconomical to litigate individually.” Phillips Petroleum Co., 472 U.S. at 809, 105 S.Ct. at 2973; see MacNeal v. Columbine Exploration Corp., 123 F.R.D. 181, 187-88 (E.D.Pa.1988) (<HOLDING>). 93. Additionally, as a class increases in Options: A. holding that a class plaintiff who seeks to assert statutory rights to protect a class of which he is a member is not asserting rights antagonistic to any members of that class B. holding class action superior where individual claims do not warrant separate suits C. holding that class action was superior to individual suits where class members had relatively small interests and might not have the wherewithal to bring suit to protect their individual rights D. holding class action to be superior adjudication method where individual class members had no interest in controlling prosecution of individual actions E. holding that putative class members are not parties to an action prior to class certification

assistant: The best answer is C. holding that class action was superior to individual suits where class members had relatively small interests and might not have the wherewithal to bring suit to protect their individual rights
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 Employee has reviewed with his or her own tax advisors the federal, state, local and foreign tax consequences of the transactions contemplated by this Agreement. The Employee is relying solely on such advisors and not on any statements or representations of the Company or any of its agents. The Employee understands that he or she (and not the Company) shall be responsible for any tax liability that may arise as a result of the transactions contemplated by this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: An employer is found liable for negligent hiring if, at the time of hiring, the employer had reason to believe that hiring this person would create an undue risk of harm to others. Connes v. Molalla Transp. System, Inc., 831 P.2d 1316, 1321 (Colo.1992); Restatement (Second) of Agency § 213 emt. d (1958). Hence, the court does not inquire into the employer’s broad reasons for choosing this particular employee for the position, but instead looks to whether the specific danger which ultimately manifested itself could have reasonably been foreseen at the time of hiring. This inquiry, even when applied to a minister employee, is so limited and factually based that it can be accomplished with no inquiry into religious beliefs. See Moses v. Diocese of Colo., 863 P.2d 310, 320-21 (Colo.1993) (<HOLDING>), cert, denied, — U.S. -, 114 S.Ct. 2153, 128 Options: A. holding that although courts must not become embroiled in interpreting or weighing church doctrine a claim of negligent hiring of a minister is actionable because it does not require such interpretation or weighing of religious belief but instead is merely application of a secular standard to secular conduct B. holding that cemetery owned and operated by association of churches was not entitled to unemployment compensation tax exemption because services it provided were the same as those of secular cemeteries and therefore its primary purpose was not religious C. holding that religious exercise is any exercise of religion whether or not compelled by or central to a system of religious belief and that the use building or conversion of real property for the purpose of religious exercise shall be considered religious exercise D. recognizing that a state courts determination is not an unreasonable application of law merely because it is erroneous E. holding application of civil rights act to pastors claim of racial discrimination would encroach upon the churchs right to be free from secular interference and to decide for themselves matters of church government

assistant: The best answer is A. holding that although courts must not become embroiled in interpreting or weighing church doctrine a claim of negligent hiring of a minister is actionable because it does not require such interpretation or weighing of religious belief but instead is merely application of a secular standard to secular conduct
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 Committee shall have the sole authority to (i) determine the individuals to whom grants shall be made under the Plan, (ii) determine the type, size and terms of the grants to be made to each such individual, (iii) determine the time when the grants will be made and the duration of any applicable exercise, vesting or restriction period, including the criteria for exercisability, vesting and lapse of any restriction period and the acceleration of exercisability, vesting and lapse of a restriction period, (iv) amend the terms of any previously issued grant, subject to the provisions of Section 18 below, and (v) deal with any other matters arising under the Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: interfere with her ability to perform basic work-related activities — but she did not do so. Therefore, the ALJ did not err by relying on Allison’s report, based on Dr. Yu’s diagnosis, and omitting explicit reference to Dr. Yu’s report. Second, the ALJ did not err in crediting the opinion of a non-examining, non-treating doctor over three examining physicians where the ALJ gave specific and legitimate reasons for doing so. See Lester v. Chater, 81 F.3d 821, 830-31 (9th Cir.1996). Substantial evidence in the record supports the ALJ’s decision to give less weight to the three examining physicians’ reports where all of them noted Deck’s “symptoms would improve if she was actively engaged in treatment and not abusing substances.” Cf. Reddick v. Chater, 157 F.3d 715, 725 (9th Cir.1998) (<HOLDING>). Therefore, the ALJ did not err by giving more Options: A. holding that a bad faith claim must be met through the clear and convincing evidence standard B. holding an alj can meet the clear and convincing standard for rejecting medical opinions by setting out a detailed and thorough summary of the facts and conflicting clinical evidence stating his interpretation thereof and making findings C. holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied D. holding that the presumption of validity and its concomitant clear and convincing evidence standard does not apply to section 101 claims the court reasoned because no evidence outside the pleadings is considered in deciding a motion to dismiss it makes little sense to apply a clear and convincing standard a burden of proof to such motions citation omitted E. holding that findings of fact are conclusive if supported by clear and convincing competent evidence even where the evidence might support contrary findings

assistant: The best answer is B. holding an alj can meet the clear and convincing standard for rejecting medical opinions by setting out a detailed and thorough summary of the facts and conflicting clinical evidence stating his interpretation thereof and making findings
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 dispute , controversy or claim arising out of or relating to this eula or the breach , termination or validity thereof shall be finally settled at rovio 's discretion ( i ) at your domicile 's competent courts ; or ( ii ) by arbitration in accordance with the rules for expedited arbitration of the arbitration institute of the finland chamber of commerce .

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 legal provision and list the applicable contract clause categories. Provision: Seller will be responsible for all sales, use, excise, services and other similar taxes, levies and charges not otherwise included in the Overland Charges (other than taxes based, in whole or in part, on the net income, profits or employees of Overland) imposed by applicable law on the provision of Services to Seller hereunder and upon receipt of an invoice for such taxes, levies and charges. If Overland is required to pay any such taxes, levies or charges in connection with its provision of Services under this Agreement, Seller will promptly reimburse Overland therefor or pay such amount directly to the applicable taxing authority as provided by applicable law. Overland will use commercially reasonable efforts to cooperate with Seller in filing any reasonably requested documentation and certificates that would reduce any taxes on Services or result in a refund of such taxes. Overland will be responsible for all sales, use, excise, services and other similar taxes, levies and charges not otherwise included in the Seller Charges (other than taxes based, in whole or in part, on the net income, profits or employees of Seller) imposed by applicable law on the provision of Seller Services to Overland hereunder and upon receipt of an invoice for such taxes, levies and charges. If Seller is required to pay any such taxes, levies or charges in connection with its provision of Seller Services under this Agreement, Overland will promptly reimburse Seller therefor or pay such amount directly to the applicable taxing authority as provided by applicable law. Seller will use commercially reasonable efforts to cooperate with Overland in filing any reasonably requested documentation and certificates that would reduce any taxes on Seller Services or result in a refund of such taxes.

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 case excerpt and choose the best holding from the options. Case excerpt: method. 2. Our analysis, however, does not end here. In addition to examining the state’s statutes and constitution, Atascadero instructs us to determine whether the state “otherwise waiv[ed] its immunity to suit in the context of a particular federal program.” Atascadero, 473 U.S. at 238 n. 1, 105 S.Ct. 3142. Like the first type of waiver, this method requires an unequivocal indication that the state intends to consent to be sued in federal court. See id. at 238 n and several others, including the Supreme Court, have concluded that, “in the absence of explicit consent by state statute or constitutional provision, a state may consent to a federal court’s jurisdiction through its affirmative conduct.” Georgia Dep’t of Revenue v. Burke (In re Burke), 146 F.3d 1313, 1318 (11th Cir.1998) (<HOLDING>), cert. denied, — U.S. —, 119 S.Ct. 2410, — Options: A. holding that state waived its eleventh amendment immunity by filing proofs of claim in bankruptcy proceedings B. holding that the eleventh amendment does not bar a bankruptcy court from issuing a money judgment against a state under the bankruptcy code C. holding that state did not waive eleventh amendment immunity by removing case to federal court D. holding that state defendant waived eleventh amendment immunity to a federal claim by removing to federal court E. holding that when a state files a proof of claim in a bankruptcy proceeding the state waives its eleventh amendment immunity with regard to the bankruptcy estates claims that arise from the same transaction or occurrence as the states claim

assistant: The best answer is A. holding that state waived its eleventh amendment immunity by filing proofs of claim in bankruptcy proceedings
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: accordingly , nothing this eula or on the service will be construed as granting to you , by implication , estoppel , or otherwise , any additional license rights in and to the service or any company content or trademarks located or displayed therein .

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: Each Loan Agreement Party has the corporate or other organizational power and authority, and the legal right, to make, deliver and perform the Loan Documents to which it is a party and, in the case of the Borrowers, to borrow hereunder. Each Loan Agreement Party has taken all necessary corporate or other organizational action to authorize the execution, delivery and performance of the Loan Documents to which it is a party. No material consent or authorization of, filing with, notice to or other act by or in respect of, any Governmental Authority or any other Person is required in connection with the execution, delivery, performance, validity or enforceability of this Agreement or any of the other Loan Documents, except (i) consents, authorizations, filings and notices that have been obtained or made and are in full force and effect, (ii) the consents, authorizations, filings and notices described in Schedule 3.4, (iii) the filings referred to in Section 3.17, (iv) filings necessary to create or perfect Liens on the Collateral granted by the Loan Parties in favor of the Secured Parties and (v) those consents, authorizations, filings and notices the failure of which to obtain or make would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect. Each Loan Document has been duly executed and delivered on behalf of each Loan Agreement Party that is a party thereto. This Agreement constitutes, and each other Loan Document upon execution will constitute, a legal, valid and binding obligation of each Loan Agreement Party that is a party thereto, enforceable against each such Loan Agreement Party in accordance with its terms, except as enforceability may be limited by any applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).

assistant: Authorizations
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: 673 (citing Florida v. Royer, 460 U.S. 491, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983)). Viewing these behaviors together under a totality of the circumstances analysis, the court finds that a reasonable factfinder could conclude that the officers lacked reasonable suspicion that criminal activity was afoot. And so, at the outset and absent any conduct by Lee and his passengers during the stop that would give the officers reasonable suspicion or probable cause to further detain them, the traffic stop should have been limited in scope to the routine procedures described in Rusher. The court notes that it is not unreasonable for an officer to ask a driver to step out of the vehicle during the course of the stop. See Pennsylvania v. Mimms, 434 U.S. 106, 111, 98 S.Ct. 330, 54 L.Ed.2d 331 (1977) (<HOLDING>). And so, it was not unreasonable for the Options: A. holding that once a vehicle has been lawfully stopped an officer may order the driver out of the vehicle without violating the fourth amendment B. holding that the additional intrusion into a drivers personal liberty by an order to step out of the vehicle after having been stopped for a traffic violation is de minimus C. holding that officer may order driver out of vehicle once lawfully detained for traffic violation D. holding that for general safety purposes an officer may routinely order the driver of a lawfully stopped vehicle to exit the vehicle because when the vehicle is already stopped the slight additional intrusion associated with being directed to exit the car can only be described as de minimis E. holding police officers making a traffic stop could order passengers out of the stopped car

assistant: The best answer is B. holding that the additional intrusion into a drivers personal liberty by an order to step out of the vehicle after having been stopped for a traffic violation is de minimus
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has no liabilities or obligations, absolute or contingent (individually or in the aggregate), except (i) liabilities and obligations incurred after October 31, 2016 in the ordinary course of business that are not material and (ii) obligations under contracts made in the ordinary course of business that would not be required to be reflected in financial statements prepared in accordance with generally accepted accounting principles as applied in the United States, consistently applied for the periods covered thereby (“ GAAP ”). The financial statements of the Company delivered to the Buyers on or prior to the Execution Date are a correct and complete copy of the audited financial statements (including, in each case, any related notes thereto) of the Company and its Subsidiaries, on a consolidated basis, for the fiscal years ended October 31, 2016 and 2015 and the quarter ended July 31, 2017, which have been filed with the SEC (the “ Financial Statements ”), and such statements fairly present in all material respects the financial position of the Company and its Subsidiaries, on a consolidated basis, at the respective dates thereof and the results of its operations and cash flows for the periods indicated. The Financial Statements do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading, except as disclosed on Schedule 3(k) .

assistant: Financial Statements