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: due to anxiety and depression. Compl. ¶ 43. Vil-lavicencio was prescribed medication and therapy for her condition. Id. IV. Law A line of cases from the Supreme Court of the United States and the Court of Appeals for the Second Circuit suggest that a plaintiff has a 42 U.S.C. § 1981 cause of action for retaliation against a superior if she or he was retaliated against for attempting to prevent discrimination at the direction of a superior. This line of cases includes the following: • Thompson v. N. Am. Stainless, LP, 562 U.S. 170, 131 S.Ct. 863, 868, 178 L.Ed.2d 694 (2011) (finding that third-party reprisals are not categorically excluded from operation of Title VIPs antiretaliation provision); • CBOCS W., Inc. v. Humphries, 553 U.S. 442, 452-54, 128 S.Ct. 1951, 170 L.Ed.2d 864 (2008) (<HOLDING>); • Jackson v. Birmingham Bd. of Educ., 544 Options: A. holding that retaliation claims are not cognizable under 42 usc 1981 B. holding that a plaintiff can prove illegal retaliation under 1981 in the same manner as he establishes retaliation under title vii C. holding that a claim of retaliation for filing eeoc charges is cognizable under 1981 D. holding claim is cognizable E. holding that a cognizable section 1981 retaliation claim includes a claim by an individual who suffers retaliation for having tried to help a person allegedly discriminated against

assistant: The best answer is E. holding that a cognizable section 1981 retaliation claim includes a claim by an individual who suffers retaliation for having tried to help a person allegedly discriminated against
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 may be executed in any number of counterparts, each of which where so executed and delivered shall be an original, but all of which shall constitute one and the same instrument. It shall not be necessary in making proof of this Agreement to produce or account for more than one such counterpart.

assistant: Counterparts
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: judgment or sentence for a violation of subsection 1 or for a violation of a statute in another state substantially corresponding to subsection 1. (4) If the defendant refused to consent to testing requested in accordance with section 321J.6. (5) If the offense under this chapter results in bodily injury to a person other than the defendant. 3 . Section 321J.2 sets forth a mandatory minimum period of incarceration of forty-eight hours, but does not set a maximum period of incarceration for an OWI, first offense. Iowa Code § 321J.2(2)(a)(l). Consequently, section 903.1 is applicable to provide a maximum period of incarceration. Iowa Code § 903.1(1) (providing that for a serious misdemeanor, the court may order imprisonment not to exceed one year); see also Klein, 574 N.W.2d at 348-49 Options: A. holding that court not required to find ability to pay before imposing criminal fine B. recognizing that because a district courts determination of the appropriate fine involves factual issues including the defendants ability to pay the fine imposedthe district courts calculation of the fine is entitled to deference and can be reversed on appeal only for clear error C. holding that the failure to impose a mandatory fine requires that the matter be remanded for imposition of that fine D. holding that when a fine is paid there is a full satisfaction of one of the alternative penalties of the law and that the fine cannot be reimbursed in order to punish the defendant instead with imprisonment E. holding that where the language of the statute required the imposition of both confinement of which a portion could not be suspended and a fine the court had the ability to impose a fine and then suspend it

assistant: The best answer is E. holding that where the language of the statute required the imposition of both confinement of which a portion could not be suspended and a fine the court had the ability to impose a fine and then suspend it
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: shows that he attempted to prevent her from transferring. The evidence shows that Captain Baldwin refused to allow Appellee to review the memorandum explaining her denial to participate in the sign-up. Had Captain Baldwin allowed Appellee to do so, she might have been able to resign her current position and participate in the sign-up. The manner in which Captain Baldwin prevented Appellee’s transfer left the reasonable impression with Appellee that Captain Baldwin would not allow her to transfer to a different unit. Appellant acknowledges that one factor that can go to prove a constructive discharge is when the employer badgers, harasses, or humiliates an employee in order to encourage the employee’s resignation. Barrow v. New Orleans Steamship Ass’n, 10 F.3d 292, 297 (5th Cir.1994) (<HOLDING>). The evidence shows that Captain Baldwin knew Options: A. holding that in order to sustain an action for constructive discharge the plaintiff must show that the conduct resulting in the resignation violated a virginia public policy embodied in an existing statute B. recognizing constructive discharge where employer rather than acting directly deliberately makes employees working conditions so intolerable that a reasonable employee would be forced into involuntary resignation C. holding that there are seven factors a fact finder looks at to determine whether a constructive discharge occurred one of which is badgering harassment or humiliation by the employer calculated to encourage the employees resignation D. holding that a constructive discharge would constitute a tangible employment action and prevent the employer from utilizing the affirmative defense to vicarious employer liability for sexual harassment E. holding that the mere fact of discrimination sans aggravating factors would not sustain a constructive discharge action

assistant: The best answer is C. holding that there are seven factors a fact finder looks at to determine whether a constructive discharge occurred one of which is badgering harassment or humiliation by the employer calculated to encourage the employees resignation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms, covenants, conditions , and provisions of the Leases and this Assignment, Assignor hereby transfers, conveys, and assigns to Assignee all of its right, title, and interest as landlord in, to and under the Leases.

assistant: Assignments
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 Debtor shall comply in all respects, including the conduct of its business and operations and the use of the Collateral, with all applicable laws, rules, regulations, decrees, orders, judgments, licenses and permits, except where failure to comply could not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All covenants, agreements, representations and warranties made by the Loan Parties in the Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaid and so long as the Commitments have not expired or terminated. The provisions of Sections 2.15, 2.16, 2.17 and 10.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Commitments or the termination of this Agreement or any provision hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Closing Date, the insurance maintained by Holdings and the Subsidiaries is in full force and effect and all premiums that are due have been duly paid. Holdings and the Subsidiaries are insured by financially sound and reputable insurers and such insurance is in such amounts and covering such risks and liabilities (and with such deductibles, retentions and exclusions) as are in accordance with normal and prudent industry practice.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: rights. But “not every burden on the exercise of a constitutional right and not every encouragement to waive such a right is invalid.” Corbitt v. New Jersey, 439 U.S. 212, 219, 99 S.Ct. 492, 493-497, 58 L.Ed.2d 466 (1978). Persons involved in the criminal law process are faced with a variety of choices. Some of the alternatives may lead to unpleasant consequences. For example, to choose to go to trial may result in greater punishment.... Section 3E1.1 may add to the dilemmas facing criminal defendants, but no good reason exists to believe that 3E1.1 was intended to punish anyone for exercising rights. We are unprepared to equate the possibility of leniency with impermissible punishment. Id. (footnotes omitted). But see United States v. Frierson, 945 F.2d 650, 659-60 (3d Cir.1991) (<HOLDING>), cert. denied, — U.S. -, 112 S.Ct. 1515, 117 Options: A. holding that denial of reduction for acceptance of responsibility was a penalty which could not be imposed for defendants assertion of fifth amendment privilege B. holding that the district courts denial of a reduction for acceptance of responsibility is a factual question and should be accorded great deference and should not be disturbed unless clearly erroneous C. holding that a valid assertion of the fifth amendment privilege in a civil case may not be treated as an admission that allegations are true D. holding that the statement ill take the fifth was an assertion of the fifth amendment privilege E. holding that it was clearly permissible for the district court to condition the reduction for acceptance of responsibility on the defendants willingness to provide information identifying the drug source

assistant: The best answer is A. holding that denial of reduction for acceptance of responsibility was a penalty which could not be imposed for defendants assertion of fifth amendment privilege
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: claims would have necessitated evidence outside of the administrative record (i.e., Garcia’s testimony in the Martinez case, Garcia’s conversations with Steiner), the limited scope of a circuit court’s administrative review which prevents the consideration of such “new” evidence, 735 Ill. Comp. Stat. 5/3— 110 (1998), would have prevented him from fully and fairly litigating his civil-rights claims. This contention is premised on the idea that somehow his administrative appeal of the Board’s decision would subsume his. civil-rights claims. But Title VII and §§ 1981 and 1983 claims are original actions independent of the administrative review proceeding and are therefore plenary in scope. See Stykel, 252 Ill.Dec. 368, 742 N.E.2d at 914; Stratton, 141 Ill.Dec. 453, 551 N.E.2d at 646 (<HOLDING>). Because a civil-rights claim under federal Options: A. holding that where an action is brought by the debtors at the initial proceeding the appeal of that action is not a continuing proceeding against the debtors B. holding that where defendant erroneously filed a request for declaratory relief in criminal action rather than filing an independent action for judicial review we would evaluate sufficiency of pleading as a petition for judicial review C. holding that 1983 claims may be joined with an administrative review D. holding that a 1983 claim is an independent original action rather than a review proceeding even when it challenges an administrative action E. holding that there was adequate opportunity when state court judicial review of an administrative proceeding was available

assistant: The best answer is D. holding that a 1983 claim is an independent original action rather than a review proceeding even when it challenges an administrative action
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: proof in this case. Under rational basis review, the government “has no obligation to produce evidence to sustain the rationality of a statutory classification.” Heller v. Doe ex rel. Doe, 509 U.S. 312, 320, 113 S.Ct. 2637, 125 L.Ed.2d 257 (1993). The challenged ordinance is presumed constitutional and plaintiff bears the burden of negating “every conceivable basis which might support it.” Id. As a matter of law, plaintiff has not carried this burden. Although the City need not present evidence of a rational basis for the 15 per cent demolition threshold, the Court finds that it has in fact done so. In determining the rationality of a challenged statute, the Court may consider the legislative history underlying the statute. See United States v. Plotts, 347 F.3d 873, 880 (10th Cir.2003) (<HOLDING>); Morgan v. Sec’y of Horn. & Urban Dev., 985 Options: A. holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category B. holding that even where there are contrary indications in the statutes legislative history we do not resort to legislative history to cloud a statutory text that is clear C. holding that the legislative history under the act indicates that liquidated damages are intended to be punitive in nature D. holding that legislative history cannot supply a clear statement E. recognizing legislative history as source which illustrates rational link between dna act and governments interest in enforcing criminal law

assistant: The best answer is E. recognizing legislative history as source which illustrates rational link between dna act and governments interest in enforcing criminal 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: decided by summary judgment. See, e.g., Gliottone v. Ethier, 870 A.2d 1022, 1028 (R.I.2005) (“[IJssues of negligence are ordinarily not susceptible of summary adjudication, but should be resolved by trial in the ordinary manner.”) (quoting Rogers v. Peabody Coal Co., 342 F.2d 749, 751 (6th Cir.1965)); see generally Poller v. Columbia Broadcasting System, Inc., 368 U.S. 464, 473, 82 S.Ct. 486, 7 L.Ed.2d 458 (1962) (“We believe that summary procedures should be used sparingly in complex antitrust litigation where motive and intent play leading roles, the proof is largely in the hands of the alleged conspirators, and hostile witnesses thicken the plot.”); Schmidt v. McKay, 555 F.2d 30, 37 (2d Cir.1977); see also Hunt v. Cromartie, 526 U.S. 541, 552, 119 S.Ct. 1545, 143 L.Ed.2d 731 (1999) (<HOLDING>); Anderson v. Liberty Lobby, Inc., 477 U.S. Options: A. holding that whether the gerrymandering at issue was the product of impermissible racial motivation was a disputed fact and that it was error in this case for the district court to resolve the disputed fact of motivation at the summary judgment stage B. holding that the documentary evidence was unclear as to whether group one was offering only to license the patent to hallmark and was not offering to license or sell the invention as such and that as a result the district judge erred in deciding this disputed question of fact on summary judgment C. holding that the disputed issue with respect to the state law bar was properly submitted to the jury D. holding the findings of fact required to support an alimony award are sufficient if findings of fact have been made on the ultimate facts at issue in the case and the findings of fact show the trial court properly applied the law in the case E. holding that defense of fraud was waived where no special issue was submitted and there was disputed evidence

assistant: The best answer is A. holding that whether the gerrymandering at issue was the product of impermissible racial motivation was a disputed fact and that it was error in this case for the district court to resolve the disputed fact of motivation at the summary judgment stage
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: we overrule appellant’s first point of error. B. Finger-Counting and Hand-Clapping Tests In appellant’s second point of error, he contends that the trial court erred by admitting Trooper Pickett’s testimony concerning the manner in which appellant performed two other field sobriety tests, the “finger-counting” and “hand-clapping” tests. Appellant argues his performance of these tests constituted testimonial acts done prior to receiving his Miranda warning, which rendered testimony concerning appellant’s performance inadmissible. Appellant bases his argument upon the United States Supreme Court’s holding in Pennsylvania v. Muniz, 496 U.S. 582, 110 S.Ct. 2638, 110 L.Ed.2d 528 (1990), as followed in Texas by Vickers v. State, 878 S.W.2d 329 (Tex.App.—Fort Worth 1994, pet. ref'd) (<HOLDING>). However, the Court of Criminal Appeals has Options: A. holding that the trial court erred by admitting a doctors testimony that a child victims description of a sexual crime was very believable B. holding that the trial court erred by granting the defendants motion to dismiss C. holding that after review the minutes were unambiguous and the trial judge erred in admitting parol evidence D. holding that the trial court erred by not considering whether ordering blood tests to disestablish paternity was in the best interest of the child E. holding that trial court erred by admitting a video showing suspect taking sobriety tests consisting of the recitation of the alphabet from f to w and counting backwards from 90 to 75

assistant: The best answer is E. holding that trial court erred by admitting a video showing suspect taking sobriety tests consisting of the recitation of the alphabet from f to w and counting backwards from 90 to 75
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Interest and fees payable pursuant hereto shall be calculated on the basis of a 360-day year for the actual days elapsed, and fractions less than one (1) cent shall be rounded down. The Administrative Agent shall as soon as practicable notify the Borrower and the relevant Lenders of each determination of a LIBO Rate. Interest shall accrue on each Loan for the day on which the Loan is made, and shall not accrue on any Loan (or portion of a Loan) for the day on which such Loan is paid. For purposes of calculating accrued interest on all Loans, interest shall accrue on the first day of each Interest Period, but not the last day of such period.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date hereof, the authorized common stock of the Company consists of 500,000,000 authorized shares of Common Stock, $0.0001 par value per share, of which 73,009,141 shares are issued and outstanding; and 6,823,448 shares are reserved for issuance upon conversion of the Note. All of such outstanding shares of capital stock are, or upon issuance will be, duly authorized, validly issued, fully paid and non-assessable. .

assistant: Capitalization
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 dispute arising out of or relating to (i) this Agreement or the alleged breach of it, or the making of this Agreement, including claims of fraud in the inducement, or (ii) Employee’s application or candidacy for employment, employment and/or termination of employment with Bio-Techne including, but not limited to, any and all disputes, claims or controversies relating to discrimination, harassment, retaliation, wrongful discharge, and any and all other claims of any type under any federal or state constitution or any federal, state, or local statutory or common law shall be discussed between the disputing Parties in a good faith effort to arrive at a mutual settlement of any such controversy. If, notwithstanding, such dispute cannot be resolved, such dispute shall be settled by binding arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall be a retired state or federal judge or an attorney who has practiced securities or business litigation for at least 10 years. If the Parties cannot agree on an arbitrator within 20 days, any Party may request that the chief judge of the District Court for Hennepin County, Minnesota, select an arbitrator. Arbitration will be conducted pursuant to the provisions of this Agreement, and the commercial arbitration rules of the American Arbitration Association, unless such rules are inconsistent with the provisions of this Agreement, but without submission of the dispute to such Association. Limited civil discovery shall be permitted for the production of documents and taking of depositions. Unresolved discovery disputes may be brought to the attention of the arbitrator who may dispose of such dispute. The arbitrator shall have the authority to award any remedy or relief that a court of this state could order or grant; provided, however, that punitive or exemplary damages shall not be awarded. The arbitrator may award to the prevailing Party, if any, as determined by the arbitrator, all of its costs and fees, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses and reasonable attorneys’ fees. Unless otherwise agreed by the Parties, the place of any arbitration proceedings shall be Hennepin County, Minnesota. This agreement to arbitrate does not include worker’s compensation claims, claims for unemployment compensation, or any injunctive or other relief to which the Bio-Techne may be entitled in accordance with the Section 3 above.

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: Each Loan Party will, and will cause each Subsidiary to, maintain with financially sound and reputable carriers having a financial strength rating of at least A- by A.M. Best Company (a) insurance in such amounts (with no greater risk retention) and against such risks (including, without limitation: loss or damage by fire and loss in transit; theft, burglary, pilferage, larceny, embezzlement, and other criminal activities; business interruption; and general liability) and such other hazards, as is customarily maintained by companies of established repute of a similar size engaged in the same or similar businesses operating in the same or similar locations and (b) all insurance required pursuant to the Collateral Documents. The Borrowers will furnish to the Lenders, upon request of the Administrative Agent, information in reasonable detail as to the insurance so maintained.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: dissent below, Judge Morgan discusses Babcock v. State, 116 Wn.2d 596, 809 P.2d 143 (1991). There, several young girls were placed in foster care with a man who sexually abused them. It was alleged the abuse would not have occurred had the State conducted a proper investigation. Id. at 604-06. In Yonker an ex-wife complained to DSHS that she suspected child abuse and DSHS took no action. Yonker v. Dep’t of Soc. & Health Servs., 85 Wn. App. 71, 72-73, 930 P.2d 958 (1997). In both cases the injury was not placement, but what happened as a consequence of negligent investigations. Also in Rodriguez the Court of Appeals was concerned with negligent investigation methods and intimidation of children alleged to have been abused. Rodriguez v. Perez, 99 Wn. App. 439, 441-42, 994 P.2d 874 (2000) (<HOLDING>). The court in Rodriguez recognized what we Options: A. holding law enforcement owed duty similar to that owed by dshs under rcw 2644050 B. holding that deference is owed to state agencys interpretation of state law C. holding that broker owed no fiduciary duty to client as a matter of law D. holding that a psychiatrist owed a duty to a person foreseeably injured by his patient E. recognizing duty of care owed by business invitor to invitee

assistant: The best answer is A. holding law enforcement owed duty similar to that owed by dshs under rcw 2644050
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 Amendment, and all matters relating hereto or arising herefrom (whether arising under contract law, tort law or otherwise) shall, in accordance with Section 5-1401 of the General Obligations Law of the State of New York, be governed by and construed in accordance with the laws of the State of New York. The provisions of Section 16.1 of the Credit Agreement {relating to agreements and waivers regarding and consents to jurisdiction, venue and service of process}, Section 16.5 of the Credit Agreement {indemnities}, Section 16.9 of the Credit Agreement {expenses}, Section 16.10 of the Credit Agreement {injunctive relief} and Article 12 of the Credit Agreement {waivers (specifically including waivers of the right to jury trial)} are hereby incorporated by reference. If any part of this Amendment is contrary to, prohibited by, or deemed invalid under Applicable Laws, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given effect so far as possible.

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: rights to a child’s sibling. See §§ 32A-4-2(C)(4), -22(C)(2). The enactment of the aggravated circumstances provisions was a response to the federally recognized problem in abuse and neglect cases of a tendency to “err on the side of protecting the rights of parents. . . . [The result of which was that] too many children are subjected to long spells of foster care or are returned to families that ive intent that the aggravated circumstances finding is to be delayed pending appeal of an earlier termination. We are not persuaded. The Legislature could have limited the definition of aggravated circumstances to those situations in which an appellant has exhausted her rights to appeal, but it did not. See State v. Office of Pub. Defender ex rel. Muqqddin, 2012-NMSC-029, ¶ 47, 285 P.3d 622 (<HOLDING>). Moreover, considering that the primary Options: A. holding that when the legislature enacts a statute it is presumed that the legislature is aware of existing statutes B. holding that the legislature can define separate offenses within the same statutory subsection even if the acts are in close temporal proximity C. recognizing that the legislature can create statutory exceptions to atwill employment D. holding that a statutory right is a creature of the legislature and does not exist where the legislature has not acted E. recognizing that the legislature is free to define statutory elements as it wishes

assistant: The best answer is E. recognizing that the legislature is free to define statutory elements as it wishes
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 deemed executed and delivered by the parties upon the execution of the individual Award Certificate issued to the Employee in connection herewith, which Award Certificate shall be executed by an authorized officer of the Company and may be executed in any number of counterparts, each of which shall be deemed an original, and shall be effective when a counterpart thereof has been received fr om both parties.

assistant: Counterparts
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: duties “if the person ... interferes with a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law.” Tex. Pen. Code Ann. § 38.15(a)(1). Even if Meek was not obligated to take appellant into custody, he was acting within his discretionary authority to do so when he arrested appellant for not wearing a seatbelt. It is a violation of the Transportation Code to drive while not wearing a seatbelt. Tex TRAnsp. Code Ann. § 545.413 (Vernon 1999). The Transportation Code further provides that “any peace officer may arrest without warrant a person found committing a violation of this subtitle.” Tex. TRAnsp. Code Ann. § 543.001 (Vernon 1999); see also Atwater v. City of Lago Vista, 532 U.S. 318, 121 S.Ct. 1536, 1557, 149 L.Ed.2d 549 (2001) (<HOLDING>). It is uncontested that appellant was not Options: A. holding a fourth amendment terry detention is not a custodial arrest and the use of handcuffs does not automatically convert a temporary detention into a fourth amendment arrest B. holding that probable cause existed to arrest for a seatbelt violation under state law C. holding that fourth amendment not violated when officer makes custodial arrest for driving without a seatbelt D. holding that an arrest made by an officer outside his jurisdiction does not violate the fourth amendment E. holding that arrest in backyard violated fourth amendment

assistant: The best answer is C. holding that fourth amendment not violated when officer makes custodial arrest for driving without a seatbelt
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 or other communications hereunder shall be in writing and shall be deemed to have been duly given (a) when delivered personally, (b) upon confirmation of receipt when such notice or other communication is sent by facsimile or telex, (c) one day after timely delivery to an overnight delivery courier, or (d) on the fifth day following the date of deposit in the United States mail if sent first class, postage prepaid, by registered or certified mail.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: speaking from her own perspective as a victim, the jury was authorized to view the phrase differently. Furthermore, the jury was authorized to infer that penetration occurred from Ms. Wright’s testimony that, during the third time that Martin “started to have sex” with her, he was unable to “keep an erection” (emphasis supplied), because that phrase suggests that he had an erection at first in that third incident as well as suggests that his difficulty in the third incident contrasted with his performance in the two earlier incidents. We conclude that the evidence of penetration was sufficient. See Payne v. State, 231 Ga. 755, 755 (1) (204 SE2d 128) (1974) (“In a rape case, penetration may be proved by indirect or circumstantial evidence.”). See also Jackson, 443 U. S. at 319 (III) (B) (<HOLDING>). Finally, we address Martin’s argument that, Options: A. holding that on a review of the sufficiency of the evidence the court determines whether any rational trier of fact could have found all the elements of the offense beyond a reasonable doubt B. holding that when an appellant challenges the sufficiency of the evidence to support the conviction the relevant question is whether after viewing the evidence in the light most favorable to the prosecution any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt C. holding that a proper review of the sufficiency of the evidence under the due process clause gives full play to the responsibility of the trier of fact fairly to resolve conflicts in the testimony to weigh the evidence and to draw reasonable inferences from basic facts to ultimate facts D. holding agency may not reject an aljs findings of fact which are supported by competent substantial evidence nor is it authorized to reweigh the evidence resolve conflicts in testimony draw inferences judge eredibili ty of witnesses or otherwise interpret the evidence E. holding that when reviewing the sufficiency of evidence to support a state criminal conviction the relevant question under the due process clause of the fourteenth amendment is whether after viewing the evidence in the light most favorable to the prosecution any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt

assistant: The best answer is C. holding that a proper review of the sufficiency of the evidence under the due process clause gives full play to the responsibility of the trier of fact fairly to resolve conflicts in the testimony to weigh the evidence and to draw reasonable inferences from basic facts to ultimate facts
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 showing of prohibitive expense must be before the party seeking arbitration must come forward with contrary evidence.” Randolph, 531 U.S. at 92, 121 S.Ct. 513. But, the Court has made it clear that the party “seeking] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive ... bears the burden of showing the likelihood of incurring such costs.” Id. And, the mere risk that a plaintiff “will be saddled with prohibitive costs is too speculative to justify invalidating an arbitration clause.” Id. at 91, 121 S.Ct. 513. Here, plaintiffs have failed to provide the requisite information to support a determination that the fees and costs associated with arbitrati , No. 15 Civ. 8410 (ER), 2016 WL 5339552, at *8-9 (S.D.N.Y. Sept. 22, 2016) (<HOLDING>); Leonard v. Del. N. Cos. Sport Serv., Inc., Options: A. holding that plaintiffs failed to meet their burden to show that the arbitration agreement prevented them from vindicating their statutory rights because they did not file affidavits or assert in their briefs that the costs were prohibitively expensive instead plaintiffs provided only the barest assertions that the fees and costs clause makes the arbitration provision unconscionable B. holding that plaintiff failed to carry his burden to show that arbitration was cost prohibitive because he has provided no evidence of the specific costs or arbitration fees or his financial inability to afford them C. holding that plaintiffs had not satisfied their burden to show that the arbitration agreement was unenforceable because plaintiffs claims of prohibitive costs were too speculative D. holding that where the arbitration agreement was silent on feesplitting and the costs imposed upon the plaintiff by the aaa were not prohibitive the plaintiff had presented little evidence to indicate that arbitration would be prohibitively expensive and the fees and costs of arbitration did not render the arbitration scheme unconscionable E. holding the party seeking to invalidate an arbitration agreement because of prohibitive arbitration fees bears the burden of proof and the possibility of such party incurring prohibitive costs is too speculative to invalidate an arbitration agreement where the record reveals only that the agreement is silent on the subject of arbitration costs

assistant: The best answer is C. holding that plaintiffs had not satisfied their burden to show that the arbitration agreement was unenforceable because plaintiffs claims of prohibitive costs were too speculative
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration of the services to the rendered by the Manager hereunder, Group shall pay Manager, each month, the sum of Six Thousand Five Hundred Dollars ($6,500.00) or such other amount as the parties may agree”.

assistant: Fees
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: You understand that this Agreement (together with the Omnibus Waiver and Release Agreement executed by you on or prior to the date hereof (the “ Non-Compete Release Agreement ”)) constitutes the complete understanding between the Company and you, and, supersedes any and all agreements, understandings, and discussions, whether written or oral, between you and any of the Company Entities, and provided that (a) if there is a conflict between this Agreement and the Employment Agreement, the terms of this Agreement shall govern, and (b) the Employee Confidentiality and Non-Competition Agreement between the Employee and Company shall continue in full force and effect except as modified by the overlapping provisions herein, and (c) in the event of any conflict between this Agreement, the Non-Compete Release Agreement and the Employee Confidentiality and Non-Competition Agreement, then the terms of the Non-Compete Release Agreement shall govern. Furthermore, no modifications shall be made to this Agreement, unless such modification is made in writing and signed by both the Company and you.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: disputes : any action arising out of or relating to this agreement or your use of the vimeo service must be commenced in the state or federal courts located in new york county , new york , united states of america ( and you consent to the jurisdiction of those courts ) .

assistant: 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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Facsimile signatures shall be deemed valid and binding.

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

user: In view thereof, the parties undertake that - 3.2 they will not, without the prior written consent of the disclosing party: 3.2.1 during the course of the negotiations and discussions referred to in 1 or at any time thereafter, directly or indirectly, use any of the confidential information, otherwise than for the purpose of such negotiations and discussions or for the implementation of any agreement resulting there from;

assistant: No
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: City Sch. Dist., 130 A.D.2d 830, 515 N.Y.S.2d 150, 151 (3d Dep’t 1987). “An act falls within the scope of an employee’s duties when the employee is ‘doing his master’s work, no matter how irregularly, or with what disregard of instructions.’ ” Id. at 831, 515 N.Y.S.2d 150, 152 (quoting Jones v. Weigand, 134 A.D. 644, 645, 119 N.Y.S. 441, 443 (2d Dep’t 1909)). However, if an employee commits a tort for “personal motives unrelated to the furtherance of the employer’s business,” there is no respondeat superior liability. Island Associated Coop. v. Hartmann, 118 A.D.2d 830, 831, 500 N.Y.S.2d 315, 316 (2d Dep’t 1986); Mataxas v. North Shore Univ. Hosp., 211 A.D.2d 762, 763, 621 N.Y.S.2d 683, 684 (2d Dep’t 1995) see, e.g., Judith M., 93 N.Y.2d at 933, 715 N.E.2d at 96, 693 N.Y.S.2d at 68 (<HOLDING>); Mary KK v. Jack LL, 203 A.D.2d 840, 841, 611 Options: A. holding that a hospital was not vicariously liable for sexual abuse by an orderly B. holding defendants prior conviction for assault related to sexual abuse of a minor even though it did not require an act of sexual abuse because it required intent to commit sexual abuse and such a mens rea demonstrate the offense was one relating to sexual abuse C. holding that a city could not be held vicariously liable for the act of a magistrate who was immune from liability D. holding that because the trial court did not abuse its discretion in finding the expert report adequate as to the vicarious liability claim against the hospital based on the actions of the doctors plaintiffs suit against the hospital including her claim that the hospital was vicariously hable for the actions of its nurses could proceed E. holding insurer vicariously liable for defense counsels negligent defense of a medical malpractice claim

assistant: The best answer is A. holding that a hospital was not vicariously liable for sexual abuse by an orderly
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 will be governed by, construed under, and enforced in accordance with the internal laws of the State of Tennessee, without regard to the conflicts-of-law provisions or principles thereof. This Agreement and its subject matter have substantial contacts with the State of Tennessee, and any lawsuit or other legal proceeding with respect to this Agreement must be brought in a court of competent jurisdiction in Shelby County, Tennessee, or in the United States District Court for the Western District of Tennessee (Western Division) in Memphis, Tennessee. In any such lawsuit or other legal proceeding, any such court will have personal jurisdiction over all the parties hereto, and service of process upon them under any applicable law, statute or rule will be deemed valid and good.

assistant: Jurisdictions
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: attention. We note that five Texas appellate courts have addressed, in published opinions, whether, after the promulgation of Rule 509, a reasonable expectation of privacy exists in medical records containing blood test results where the records were made for medical purposes but were later subpoenaed by a grand jury. Four out of five held that society does not recognize as reasonable an expectation of privacy in those kinds of records. Thurman v. State, 861 S.W.2d 96 (Tex.App.—Houston [1st Dist.] 1993); Corpus v. State, 931 S.W.2d 30 (Tex.App.—Austin 1996); Clark v. State, 933 S.W.2d 332 (Tex.App.—Corpus Christi 1996); Knapp v. State, 942 S.W.2d 176 (Tex.App.—Beaumont 1997). But see State v. Conrad, CR-T1-97-23-133, slip op. (Tex.App.—Houston [14th Dist.], delivered May 22, 1997)(<HOLDING>). The main rationale articulated by these Options: A. holding conditional release into society of probationer decreases expectation of privacy B. holding that prisoners do not have a reasonable expectation of privacy in their cells C. holding that society recognizes a reasonable expectation of privacy D. holding appellant failed to show any expectation of privacy in files stored on the computer system in his office was one that society accepts as objectively reasonable E. holding that the defendant had a reasonable expectation of privacy in a telephone booth

assistant: The best answer is C. holding that society recognizes a reasonable expectation of privacy