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: a general rule ... the master remains liable for the servant’s conduct even though the servant is himself not liable because of a personal immunity.” James v. Prince George’s Cnty., 288 Md. 315, 332, 418 A.2d 1173, 1182 (1980) (citations omitted). Moreover, we opined that “the doctrine of respondeat superior should not ... permit a principal to assert the immunity of the agent in a suit founded on the agent[’s] conduct.” Id. In discussing public official immunity specifically, we held in James that “the government, when it has waived immunity ... is liable for torts committed by its officers even though those officers themselves are not liable because of public-official immunity.” James, 288 Md. at 333, 418 A.2d at 1183 (citations omitted); see Parker, 337 Md. at 286, 653 A.2d at 443 (<HOLDING>). Relying on the rationale in James, in Options: A. holding that the qualified immunity of a public official does not necessarily protect a government employer sued on a theory of respondeat superior B. holding that the doctrine of qualified immunity does not protect a government official who is sued in an official capacity under title vii because title vii does not impose personal liability C. holding a local government sued under 1983 has no immunity even if its employee is entitled to qualified immunity and the court of appeals does not have jurisdiction over the local governments interlocutory appeal D. recognizing as a general matter that official immunity would protect official decisions to investigate suspected fraud in the administration of government contracts E. holding that the first amendment does not protect the use of racial invective by a public official against a member of the public in a bar

assistant: The best answer is A. holding that the qualified immunity of a public official does not necessarily protect a government employer sued on a theory of respondeat superior
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: During the Term, and except as otherwise provided in this Agreement, Executive shall be eligible to participate in all welfare, perquisite, fringe benefit, insurance, retirement and other benefit plans, practices, policies and programs, maintained by the Company and its affiliates applicable to senior executives of the Company generally, in each case as amended from time to time. Without limiting the foregoing, during the Term, the Company shall annually reimburse Executive for up to $15,000 for financial planning services upon receipt for payment accompanied by supporting documentation reasonably satisfactory to the Company and for the annual membership fees and other dues associated with one business club. In addition, the Company shall pay the cost of an annual “senior executive” physical examination.

assistant: Benefits
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: Executive shall serve as the full-time Chief Merchandising Officer of the Company and shall have the duties and responsibilities customarily associated with such position, and such additional duties and responsibilities as may from time to time be assigned to him by the Chief Executive Officer of the Company (the “ CEO ”). Executive shall report directly to the CEO. Executive shall (i) devote his full business time to the business and affairs of the Company, (ii) not engage in any other business activities as a director, officer, employee or consultant or in any other capacity, whether or not he receives compensation therefor, other than activities approved by the Board of Directors (the “ Board ”) of the Company’s parent, Number Holdings, Inc. (“ Parent ”) or an authorized committee thereof and (iii) observe and comply with all rules, regulations, policies and practices of the Company. Notwithstanding the foregoing, Executive may serve on the boards of charitable, civic or religious organizations, engage in charitable and community affairs and activities, and manage his personal investments; provided that such activities do not interfere with the performance of Executive’s duties and responsibilities hereunder.

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

user: This Agreement shall apply to any CONFIDENTIAL INFORMATION that may have been provided to the RECEIVING PARTY prior to or after the date hereof, and shall continue to govern the delivery of CONFIDENTIAL INFORMATION until terminated by written notice from either party to the other, except that the obligations of the parties hereunder with regard to CONFIDENTIAL INFORMATION disclosed prior to termination shall continue for a period for two (2) years thereafter.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, together with the other Loan Documents and any separate letter agreements with respect to fees payable to the Administrative Agent or the L/C Issuer, comprises the complete and integrated agreement of the parties on the subject matter hereof and thereof and supersedes all prior agreements and understandings, written or oral, on such subject matter. In the event of any conflict between the provisions of this Agreement and those of any other Loan Document, the provisions of this Agreement shall control; provided that the inclusion of supplemental rights or remedies in favor of the Agents, the L/C Issuers or the Lenders in any other Loan Document shall not be deemed a conflict with this Agreement. Each Loan Document was drafted with the joint participation of the respective parties thereto and shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at the time the complaint was filed, also give rise to a possible loss of consortium claim. See Bennett v. Lembo, 145 N.H. 276, 282, 761 A.2d 494 (2000) (upholding $25,000 verdict for wife where defendant’s negligence rendered husband less “physically active”). Objectively viewed, Evans’s claims for her own alleged Hepatitis A and the loss of consortium and emotional distress resulting from her family’s allegedly coming down with the disease could be valued at $75,000 or more. See Stewart, 356 F.3d at 340 (concluding that married couple’s claims for slight “permanent impairment to their total bodily functions” in addition to mental anguish and loss of consortium not worth less than $75,000 per plaintiff); cf. Ortega v. Star-Kist Foods, Inc., 370 F.3d 124, 129-131 (1st Cir.2004) (<HOLDING>). Evans also seeks multiple damages under the Options: A. holding in a fcra case that plaintiffs may not rely on mere conclusory statements rather they must sufficiently articulate true demonstrable emotional distress including the factual context in which the emotional distress arose evidence corroborating the testimony of the plaintiff the nexus between the conduct of the defendant and the emotional distress the degree of such mental distress mitigating circumstances if any physical injuries suffered due to the emotional distress medical attention resulting from the emotional duress psychiatric or psychological treatment and the loss of income if any B. holding that claim for emotional distress arising out of daughters relatively minor injuries did not exceed 50000 for purposes of amount in controversy C. holding that a tort claim for intentional infliction of emotional distress is distinct from a claim for emotional distress damages under the employment discrimination statute D. holding that act did not bar intentional infliction of emotional distress claim E. recognizing indirect claim for infliction of emotional distress of mother who observed hyperalimentation of fluids through catheter in daughters jugular vein followed by daughters death

assistant: The best answer is B. holding that claim for emotional distress arising out of daughters relatively minor injuries did not exceed 50000 for purposes of amount in controversy
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 AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Plan is determined to be invalid, illegal or unenforceable, the remaining provisions of this Plan will not affect any other provisions hereof, and this Plan will be construed and enforced as if such provisions had not been included.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: it be assumed that such referrals are made largely on the basis of apparent Mexican ancestry.” United States v. Martinez-Fuerte, 428 U.S. 543, 563, 96 S.Ct. 3074, 49 L.Ed.2d 1116 (1976). The Court recognized that such a criterion "would not sustain a roving-patrol stop,” id., but concluded that border-control checkpoints were exempt from the usual Fourth Amendment requirement of individualized suspicion. See id. at 562, 96 S.Ct. 3074 ("[W]e hold that the stops and questioning at issue may be made in the absence of any individualized suspicion at reasonably located checkpoints.”). Since there is obviously no contention that a traditional arrest or Terry stop is similarly exempt from that requirement, Martinez-Fuerte cannot support plaintiffs’ detention. 35 . Cf. Jones, 149 F.3d at 369 (<HOLDING>). 36 . The Second Circuit was interpreting and Options: A. holding that notwithstanding the officers testimony that he had no suspicion of criminality the officer was aware of facts that would give rise to reasonable suspicion in the mind of a reasonable officer B. holding that an officer has reasonable suspicion to conduct traffic stop even when his suspicion that a law has been violated is based on a reasonable mistake of law C. holding that coming from the wrong neighborhood does not give rise to reasonable suspicion D. holding that even though officer had it on good authority that smugglers use tourists to bootleg illegal aliens the fact that defendant looked like a tourist does not give rise to reasonable suspicion unless we are willing to say that tourists are involved in illegal activity often enough that just looking like a tourist is cause for suspicion we are not so inclined E. holding that a suspects actions in fleeing from a law enforcement officer who had reasonable suspicion of illegal activity supplied additional grounds supporting probable cause for seizure

assistant: The best answer is D. holding that even though officer had it on good authority that smugglers use tourists to bootleg illegal aliens the fact that defendant looked like a tourist does not give rise to reasonable suspicion unless we are willing to say that tourists are involved in illegal activity often enough that just looking like a tourist is cause for suspicion we are not so inclined
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: a two-week period was not adverse employment action). Here, Blackwell claims that ll’s October absences is therefore not an adverse employment action under the ADA. iv.Disciplinary action The fourth and final alleged adverse employment action took place in December 2011, when Blackwell was “written up” for attempting to leave five minutes before the end of his shift. Am. Compl. at 6. Like any other potential adverse employment action, a disciplinary action must cause “objectively tangible harm” to qualify, Douglas, 559 F.3d at 552, and “interlocutory or mediate decisions having no immediate effect upon employment conditions” are insufficient, Taylor v. FDIC, 132 F.3d 753, 765 (D.C.Cir.1997) (internal quotation marks omitted); see also Walker v.WMATA, 102 F.Supp.2d 24, 29 (D.D.C.2000) (<HOLDING>). Here, Blackwell does not allege that the Options: A. holding that a district courts rejection of an argument for an inappropriate reason was error B. holding that an employers letter of admonishment following an employees allegedly inappropriate behavior toward a customer was not an adverse action C. holding that even an incorrect belief that an employees performance is inadequate can be a legitimate reason for an adverse employment action D. holding that termination is an adverse employment action E. holding that an employers requirement that an employee comply with a performance improvement plan or face disciplinary action did not constitute adverse employment action

assistant: The best answer is B. holding that an employers letter of admonishment following an employees allegedly inappropriate behavior toward a customer was not an adverse 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 legal provision and list the applicable contract clause categories. Provision: Any dispute or disagreement with respect to any portion of this Agreement or its validity, construction, meaning, performance, or Participant’s rights hereunder shall be settled by arbitration, conducted in Philadelphia, Pennsylvania, in accordance with the Commercial Arbitration Rules of the American Arbitration Association or its successor, as amended from time to time. However, prior to submission to arbitration the Participant will attempt to resolve any disputes or disagreements with the Partnership over this Agreement amicably and informally, in good faith, for a period not to exceed two weeks. Thereafter, the dispute or disagreement will be submitted to arbitration. At any time prior to a decision from the arbitrator(s) being rendered, the Participant and the Partnership may resolve the dispute by settlement. The Participant and the Partnership shall equally share the costs charged by the American Arbitration Association or its successor, but the Participant and the Partnership shall otherwise be solely responsible for their own respective counsel fees and expenses. The decision of the arbitrator(s) shall be made in writing, setting forth the award, the reasons for the decision and award and shall be binding and conclusive on the Participant and the Partnership. Further, neither Participant nor the Partnership shall appeal any such award. Judgment of a court of competent jurisdiction may be entered upon the award and may be enforced as such in accordance with the provisions of the award.

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: No member of the Board or the Committee, nor any officer or employee of the Company or a Subsidiary or Parent Company acting on behalf of the Board or the Committee, shall be personally liable for any action, determination or interpretation taken or made in good faith with respect to the Plan, and all members of the Board or the Committee and each and any officer or employee of the Company or any Subsidiary or Parent Company acting on their behalf shall, to the extent permitted by law, be fully indemnified and protected by the Company in respect of any such action, determination or interpretation.

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: This Agreement shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of laws of any jurisdictions other than those of the State of Delaware.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Transferor transfers the Personal Property to Transferee, its successor and assigns, to have and hold to and for its and their own use and benefit forever. Transferor, for itself and its successors and assigns, hereby covenants that, from time to time after the Closing Date, at Transferee’s request and without further consideration, Transferor shall execute and deliver such other instruments of conveyance and transfer and take such other actions as Transferee reasonably may require to vest more effectively the Personal Property in Transferee, its successors and assigns, and to place Transferee in possession of the Personal Property, and to do all other things and execute and deliver all other instruments and documents as may be required to effect the same.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court properly rejected the trustee’s attempt to transform this case into a third party liability case, by arguing that, in their position as partnership creditors, Sollins and Brochendorff should not be charged with the knowledge they possessed as partners with respect to Kauffman’s intended role. On the contrary, the fact that the former managing partners now assert claims against the partnership does not- alter the governing principle that intent controls the apportionment of liabilities among partners. As general partners who were fully aware of the terms of Kauffman’s tenure in the partnership, Sollins and Brochendorff cannot now “place themselves in the shoes of other creditors of the partnerships who had no knowledge of the true state of affairs.” See D.C.Code§ 41-115(a) (<HOLDING>). See also Beckman v. Farmer, 579 A.2d at 627 Options: A. recognizing partnership by estoppel only with respect to claims by persons who have reasonably relied upon outward representations of partnership B. recognizing that same principle applies where defendant is general partner of limited partnership which in turn is general partner of limited partnership with contacts with state C. holding that a charging order is the exclusive mechanism to be used to execute upon a judgment debtors interest in a partnership D. holding that limited partner does not have standing to sue for injuries to partnership that merely diminish value of that partners interest E. holding that the information contained in the certificate of limited partnership binds the partnership and the partners with respect to third parties

assistant: The best answer is A. recognizing partnership by estoppel only with respect to claims by persons who have reasonably relied upon outward representations of partnership
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 in accordance with the laws of the State of New York without regard to principles of conflicts of laws thereof or any other State. Any action brought by any party against any other party hereto concerning the transactions contemplated by this Agreement shall be brought only in the state courts of New York or in the federal courts located in the state and county of New York. The parties to this Agreement hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens . The parties executing this Agreement and other agreements referred to herein or delivered in connection herewith on behalf of the Company agree to submit to the in personam jurisdiction of such courts and hereby irrevocably waive trial by jury. The prevailing party shall be entitled to recover from the other party its reasonable attorney's fees and costs. In the event that any provision of this Agreement or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereto hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement or any other transaction document contemplated hereby by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law.

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: 28 C.F.R. § 2.7(a); Santiago v. U.S., 889 F.2d 371, 373 (1st Cir.1989). The Parole Commission set a “presumptive release date” for Ellis of October 21, 1989. It subsequently revoked that date, however, because Ellis did not pay the fine. Instead, Ellis asked a federal magistrate to determine that he could not pay the fine because he had no “property [other than exempt property] exceeding $20 in value,” in which case, according to statute, the government must release him. See 18 U.S.C. § 3569 (full text in Appendix). The magistrate, and subsequently the district court, denied Ellis’s request. Ellis now appeals. Ellis argues that the Constitution forbids holding a person in prison solely because he is indigent. See Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983) (<HOLDING>); Tate v. Short, 401 U.S. 395, 91 S.Ct. 668, 28 Options: A. holding that it is sufficient grounds to revoke a probation if only one condition of the probation is broken B. holding that probation cannot be revoked solely for violation of conditions requiring payment without evidence that probationer is able to pay C. holding in a case where the maximum time of imprisonment was extended because an indigent defendant was unable to pay a fine and court costs that a state may not constitutionally imprison beyond the maximum duration fixed by statute a defendant who is financially unable to pay a fine D. holding that state may not revoke probation for nonpayment of fine where probationer is unable to pay through no fault of his own E. holding states allegation of failure to report to probation officer was sufficient to revoke despite any showing of deficiency in the other two violations alleged in the motion to revoke

assistant: The best answer is D. holding that state may not revoke probation for nonpayment of fine where probationer is unable to pay through no fault of his own
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 section and other headings in this Lease are inserted solely as a matter of convenience and for reference, are not a part of this Lease, and shall not be deemed to affect the meaning or interpretation of this Lease.

assistant: Headings
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: During the Employment Period, Executive will be entitled to benefits including: (1) vacation and other benefits generally available to other senior executives of the Company from time to time; (2) payment by the Company for the cost of weekly airfare (coach, planned in advance) between San Francisco and Salt Lake City for twelve (12) months from the Start Date; (3) receipt of a $5,000.00 per month stipend for twelve (12) months from the Start Date, to be used for temporary housing (with any unused amount retained by the Executive); and (4) receipt of up to $75,000.00 in reimbursement allowance for the cost of reasonable relocation expenses, including travel related to searching for housing, costs of moving Executive’s family and property, and up to 50% of the property seller’s brokerage commission related to the disposition of the Executive’s principal residence. If the Executive fails to relocate within 24 months of the Start Date, the relocation reimbursement shall expire. The foregoing shall not be construed to require the Company to establish such benefit plans or to prevent the modification or termination of such benefit plans once established, and no such action or failure thereof shall affect this Agreement. Executive recognizes that the Company and its affiliates have the right, in their sole discretion, to amend, modify or terminate any benefit plans without creating any rights for Executive.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each of the Guarantors to, comply with all laws, rules, regulations and orders of any Governmental Authority applicable to them or their Property, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in 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: Other than the Custodian File held by the Custodian in accordance with the Custodian Agreement, Seller shall deliver to Servicer, and Servicer shall hold in trust for Seller, Administrative Agent, each Purchaser Agent, each Purchaser and each other Affected Party in accordance with their respective interests, all Records (and all original documents relating thereto) (and after the occurrence of any Event of Termination, shall deliver the same to Administrative Agent promptly upon Administrative Agent’s written request). Upon written request of Administrative Agent or any Purchaser Agent, Servicer shall promptly provide (or cause Custodian to provide) Administrative Agent and the Purchaser Agents with the location(s) of all Records (and all original documents relating thereto).

assistant: Records
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: correspondence with petitioner. See In re Graham, 63 N.C. App. 146, 151, 303 S.E.2d 624, 627 (1983) (“[t]he fact that the respondent was incarcerated for a good portion of this period does not provide any justification for his all but total failure to communicate with or even inquire about his children”) (citing In re Burney, 57 N.C. App. 203, 291 S.E.2d 177 (1982)). Even though the trial court found that respondent claimed to have drawn pictures of Disney characters on some of those letters for the purpose of entertaining the minor child, respondent admitted having sent his last letter to petitioner sometime in 1998. The trial court also noted only one telephone call by respondent to petitioner, in September 1999, during which he claims to have asked about the minor child. See id. (<HOLDING>) (citation omitted). Furthermore, even though Options: A. holding that the special relationship exception does not apply to the relationship between a student and a school B. holding that a twoyear delay weighed heavily against the government when the arresting officer knew where the defendant lived and worked and made only weak efforts to contact the defendant C. holding no abuse of discretion where judge had personal relationship with government witnesses but had not had contact with them for over ten years D. holding that one communication in a twoyear period does not evidence the personal contact love and affection that inheres in the parental relationship E. holding that normal attorneyclient relationship does not bar rule 60b relief when the evidence is clear that the attorney and his client were not acting as one

assistant: The best answer is D. holding that one communication in a twoyear period does not evidence the personal contact love and affection that inheres in the parental relationship
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: may deprive a defendant of a fair trial,” but the law “requires the defendant to make a showing of prejudice ... which [defendant] has not done”). III. Other Due Process Issues A. Limitations on Challenging the Citizenship of Balram Maharaj One of the most contested issues in this case has concerned the U.S. citizenship of Balram Maharaj because his citizenship is the basis for the case being brought in the United States, and is a key element of the offense charged. The hostage taking statute, 18 U.S.C. § 1203, makes it a federal offense to seize or detain another person for ransom, but, where the conduct occurs outside the United States, requires a connection to the United States in order for jurisdiction to lie here. See United States v. Yunis, 924 F.2d 1086, 1090 (D.C.Cir. 1991) (<HOLDING>). Specifically, the statute states: It is not Options: A. holding that 1203b1 offers the bases of jurisdiction where the offense occurred outside the united states B. holding that prosecution of defendant in the united states for hostage taking based on acts committed outside the united states did not violate due process C. holding that the plaintiff must demonstrate that defendants contacts with the united states as a whole support the exercise of jurisdiction consistent with the constitution and laws of the united states D. holding that the fourteenth amendment which makes persons bom in the united states and subject to its jurisdiction citizens of the united states and requires that representatives be apportioned among the states based on population excluding indians not taxed did not make an indian a citizen of the united states E. holding that because it fell within the exclusive jurisdiction of the united states court of international trade the united states court of federal claims lacked jurisdiction over a matter that was protested or protestable

assistant: The best answer is A. holding that 1203b1 offers the bases of jurisdiction where the offense occurred outside the united states
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 Lenders, the Administrative Agent and the joint lead arrangers shall have received all fees required to be paid, and all expenses for which invoices have been presented (including the reasonable fees and expenses of legal counsel), on or before the Closing Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each and every right, remedy and power granted to Agent or Senior Creditors shall be cumulative and in addition to any other rights, remedy or power specifically granted herein or in the Loan Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by Agent or Senior Creditors from time to time, concurrently or independently and as often and in such order as Agent may deem expedient. Any failure or delay on the part of Agent or Senior Creditors in exercising any such right, remedy or power, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect the rights of Agent or Senior Creditors thereafter to exercise the same, and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power, and no such failure, delay, abandonment or single or partial exercise of the rights of Agent or Senior Creditors shall be deemed to establish a custom or course of dealing or performance among the parties hereto.

assistant: No Waivers
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 acknowledge that this award and any payment made hereunder is subject to Invacare’s Executive Compensation Adjustment and Recapture Policy. In addition, you acknowledge that the Plan will be administered in compliance with Section 10D of the Securities Exchange Act of 1934, as amended, any applicable rules or regulations promulgated by the Securities and Exchange Commission or any national securities exchange or national securities association on which Invacare’s shares may be traded, and any policy of Invacare adopted pursuant to such law, rules, or regulations. This agreement may be amended to further such purpose without your consent.

assistant: Adjustments
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: with a deadly weapon, finding that a firearm, is by definition, a deadly weapon which fires projectiles likely to cause death or great bodily harm); Mitchell v. State, 698 So.2d 555, 558 (Fla. 2d DCA 1997) (noting that “[bjecause the definition of ‘firearm’ does not involve proof that the gun is loaded or operable, a defendant’s use of a firearm during a crime can be established even if the gun is not recovered and introduced into evidence”); Miller, 613 So.2d at 531 (concluding that the trial court did not err in refusing to give a jury instruction on the justifiable use of non-deadly force, because a firearm is, by definition, a deadly weapon which fires projectiles likely to cause death or great bodily harm) (emphasis added); M.R.R. v. State, 411 So.2d 983, 984 (Fla. 3d DCA 1982) (<HOLDING>); Bass v. State, 232 So.2d 25, 27 (Fla. 1st DCA Options: A. holding if the language of a deed or other written instrument is clear and unambiguous the intention of the parties is gathered from the instrument it is what the grant or said and not what he intended to say B. holding that recording of an instrument provided constructive notice to subsequent purchasers not to those with an interest antecedent to the making of the instrument C. holding that an unloaded gun used in the commission of an aggravated assault is a deadly weapon D. holding that for purposes of the aggravated assault statute if the instrument used is a firearm as defined by section 7900016 then that instrument is a deadly weapon as a matter of law regardless of whether it is loaded or capable of being fired and holding that for purposes of the aggravated assault statute if the instrument is not a firearm then courts are to apply an objective test and look to the nature and actual use of the instrument and not to the subjective fear of the victim or intent of the perpetrator in determining whether the instrument is a deadly weapon E. holding that intent is a separate element and evidence relating to intent is irrelevant to determining whether an object is a criminal instrument

assistant: The best answer is D. holding that for purposes of the aggravated assault statute if the instrument used is a firearm as defined by section 7900016 then that instrument is a deadly weapon as a matter of law regardless of whether it is loaded or capable of being fired and holding that for purposes of the aggravated assault statute if the instrument is not a firearm then courts are to apply an objective test and look to the nature and actual use of the instrument and not to the subjective fear of the victim or intent of the perpetrator in determining whether the instrument is a deadly weapon
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: v. Zurich Am. Ins. Co., No. Civ. RDB-12-2876, 2015 WL 1656497, at *2 (D.Md. Apr. 13, 2015) (exclusion where “prior to the effective date of this policy you or any ‘Insured’ had no knowledge of any ‘claim’ or circumstances, involving an act, error, or omission, which may result in a ‘claim’ under this policy” applied only to outstanding claims and to circumstances that insured subjectively believed would result in suit); see also Rivelli v. Twin City Fire Ins. Co., 359 Fed.Appx. 1, 3 (10th Cir.2009) (affirming district court’s holding that exclusion for “any knowledge or information of any act, error, omission, fact or circumstance which may give rise to a claim” necessitated a subjective knowledge standard); James River Ins. Co. v. Hebert Schenk, P.C., 523 F.3d 915, 921 (9th Cir.2008) (<HOLDING>). NCAIG also notes that courts finding Options: A. holding that a written statement could not be regarded as an affidavit sufficient in law for any purpose because it was not sworn to by any one or before any officer B. holding that where law firms insurance application had asked whether any attorneys ajfter inquiry were aware of any circumstances allegations or contentions as to any incident which may result in a claim the language may result denotefd something more than a purely theoretical possibility of a lawsuit C. holding that juries may not be precluded from considering as a mitigating factor any aspect of a defendants character or record and any of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death D. holding that juries may not be precluded from considering as a mitigating factor any aspect of a defendants character or record and any of the circumstances of the offense that the defendant proffers emphasis in original E. recognizing that in certain circumstances inquiry notice may be determined as a matter of law

assistant: The best answer is B. holding that where law firms insurance application had asked whether any attorneys ajfter inquiry were aware of any circumstances allegations or contentions as to any incident which may result in a claim the language may result denotefd something more than a purely theoretical possibility of a lawsuit
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower has disclosed to the Lenders all agreements, instruments and corporate or other restrictions to which the Borrower or any Subsidiary is subject and all other matters that, in each case, are known to the Borrower as of the Restatement Effective Date and that, as of such date, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. None of the reports, financial statements, certificates or other information furnished by or on behalf of the Borrower or any Subsidiary to the Administrative Agent, the Arrangers or any Lender in connection with the negotiation of this Agreement or any other Loan Document, included herein or therein or furnished hereunder or thereunder (as modified or supplemented by other information so furnished), taken as a whole, contain any material misstatement of fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, with respect to forecasts or projected financial information, the Borrower represents only that such information was prepared in good faith based upon assumptions believed by it to be reasonable at the time so furnished (it being understood that such forecasts and projections may vary from actual results and that such variances may be material).

assistant: Disclosures
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: Ann. § 13.42(a) (Vernon Supp.1990) (emphasis added). The case turns on our interpretation of the emphasized language. If the Court ignores all but the final sentence and interprets the language to mean that the courts are prohibited from awarding retroactive child support for any time earlier than the filing of the petition, then the Court would be interpreting the statute in such a way that illegitimate children are denied benefits that are not denied to legitimate children. In short, the Court would be interpreting the statute to deny benefits to children based upon the status of their parents’ relationship at birth. This construction would give section 13.42(a) an unconstitutional interpretation. See Gomez v. Perez, 409 U.S. 535, 539, 93 S.Ct. 872, 875, 35 L.Ed.2d 56 (1973) (<HOLDING>). In Adams v. Stotts, 667 S.W.2d 798, 800 Options: A. holding that the fathers statements denying responsibility for abuse on his stepdaughter were further evidence to support the trial courts conclusion that the father posed a risk of potential harm to his natural children B. holding evidence insufficient to terminate mothers parental rights under section c because mother made arrangements for adequate support of children evidence showed mother left children with father who maintained steady employment and adequately supported children mother knew that father would provide adequate support and mother left children pursuant to agreed divorce decree C. holding that the natural father must have established a substantial relationship with the child to merit constitutional protection D. holding that an illegitimate child is guaranteed a right of support from his father E. holding that once a state posits a judicially enforceable right on behalf of children to needed support from their natural fathers there is no constitutionally sufficient justification for denying such an essential right to a child simply because its natural father has not married his mother

assistant: The best answer is E. holding that once a state posits a judicially enforceable right on behalf of children to needed support from their natural fathers there is no constitutionally sufficient justification for denying such an essential right to a child simply because its natural father has not married his mother
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, in holding that the child was “dependent” and in need of foster care, the state court had necessarily determined that the defendant’s state court suit was not based on an improper motive. We rejected the agency’s Rooker-Feld-man argument, reasoning that under Pennsylvania law “[njeither an adjudication of dependency nor a determination of the appropriate disposition of a dependent child is based on the intentions or states of mind of the party seeking the dependency determination.” Id. Accordingly, a determination that the agency sought to terminate the grandmother’s custody of the child with an improper motive would not necessarily imply that the state court had erred in determining that the child was dependent under Pennsylvania law. See also Parkview, 225 F.3d at 326 (<HOLDING>); Gulla, 146 F.3d at 172 (holding that a state Options: A. holding that where the board had already made the necessary factual evaluation underlying the legal standard to be applied it then becomes the courts responsibility to conduct an independent review of the record to determine whether the boards findings were supported by substantial evidence B. holding that because pennsylvania law limited a state courts review of a zoning boards decision to the issue whether the boards determinations were supported by substantial evidence the rookerfeldman doctrine did not prevent the plaintiffs from filing a federal action claiming that the zoning board had engaged in disability discrimination following a state courts review of the boards determinations C. holding federal courts are bound by state court determinations of state law D. holding that where a zoning board had no authority under state law to take certain actions with respect to a protected property interest a trier of fact could conclude that there was no rational basis for the towns zoning boards actions and that as a result the zoning board violated appellants rights to substantive due process E. holding that the fact that the merit systems protection boards decision differs from the presiding officials does not alter the requirement that we evaluate the boards final decision under the substantial evidence standard

assistant: The best answer is B. holding that because pennsylvania law limited a state courts review of a zoning boards decision to the issue whether the boards determinations were supported by substantial evidence the rookerfeldman doctrine did not prevent the plaintiffs from filing a federal action claiming that the zoning board had engaged in disability discrimination following a state courts review of the boards determinations