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: stopped his car and approached his window. We see no evidence that Byrd targeted Pulliam because he fit a particular profile. Instead, Byrd followed Pul-liam because he saw him make an abrupt lane change that could indicate driving under the influence. And once Byrd saw Pulliam violate § 27-51-302, he was entitled to stop his car. III. Pulliam contends that even if the traffic stop was legal, Byrd violated his Fourth Amendment rights by continuing to detain him after he had finished- investigating the traffic violation. Byrd asked for Pulliam’s license and registration, wrote up a traffic ticket, and questioned Pulliam about his trip while Pulliam was in the back of his squad car. Byrd had a right to do all of these things. See United States v. Ramos, 42 F.Sd 1160, 1163 (8th Cir.1994) (<HOLDING>). Byrd next either held on to Pulliam’s license Options: A. holding that officers may question motorists about their license registration and travel plans B. holding that asking a detained motorist whether he would consent to a search of his automobile for contraband even after he had produced a valid drivers license did not necessarily make the traffic stop unreasonable in scope or duration C. holding that a reasonable investigation of a traffic stop typically includes asking for a license and registration asking the driver to sit in the patrol car and asking about destination and purpose of travel D. holding that during a routine traffic stop it is reasonable for an officer to search the driver for weapons before placing the driver in a patrol car if placing the driver in the patrol car during the investigation prevents officers or the driver from being subjected to a dangerous condition and placing the driver in the patrol car is the least intrusive means to avoid the dangerous condition E. holding that request for license destination and purpose of trip within reasonable scope of detention

assistant: The best answer is C. holding that a reasonable investigation of a traffic stop typically includes asking for a license and registration asking the driver to sit in the patrol car and asking about destination and purpose of travel
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 for the costs of his defense in the Travelers lawsuit, then Great American’s alleged misrepresentations as to coverage and delays in accepting or denying coverage would not have caused Primo to incur the costs of his defense. See State Farm Lloyds v. Page, 315 S.W.3d 525, 532 (Tex.2010) (“When the issue of coverage is resolved in the insurer’s favor, extra-contrac tual claims do not survive.”). Similarly, although the Prompt Payment of Claims Act is intended to expedite rejection of a claim as well as acceptance, liability for a violation is imposed on “an insurer that is liable for a claim under an insurance policy.” Tex. Ins.Code Ann. § 542.060(a) (West 2009) (emphasis added); see also Progressive Cnty. Mut. Ins. Co. v. Boyd, 177 S.W.3d 919, 922 (Tex.2005) (per cu-riam) (<HOLDING>). A claim for breach of contract based on Great Options: A. holding also that the ordinance failed to provide for prompt judicial review B. holding named driver exclusion eliminating liability coverage as well as um coverage did not contravene um statute because statute required um coverage only if the claimant otherwise qualifies for liability coverage under the policy C. holding that if an insurer denies coverage based on an assertion that the underlying claim is excluded from coverage there is a presumption that the insurer did not suffer prejudice because prompt notice would have merely resulted in an earlier denial of coverage D. holding that carmark act preempted state law claims including those for liability for payment of claims E. holding lack of coverage negates liability for violating requirements for prompt payment of claims

assistant: The best answer is E. holding lack of coverage negates liability for violating requirements for prompt payment of claims
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: ( an account holder is the person or entity who has contracted with evernote as either an individual basic , plus , or premium user or as a customer as defined in our evernote business agreement . )

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: law that it would have fired Janczak regardless of his FMLA leave on the basis of materials provided by TWI showing that it was contemplating Janczak’s position prior to his leave. Janczak, 2014 WL 2197794, at *10. We agree that TWI provided evidence suggesting that it was contemplating eliminating the GM position before Janczak was placed on leave. But such evidence does not constitute sufficient proof to permit summary judgment. Our precedent requires an employer seeking summary judgment on an interference claim to show that termination would certainly have occurred regardless of leave. See DeFreitas, 577 F.3d at 1160 (considering whether the employee “would have been fired anyway, regardless of leave”); accord Yashenko v. Harrah’s NC Casino Co., LLC, 446 F.3d 541, 548 (4th Cir.2006) (<HOLDING>). In concluding that evidence of contemplated Options: A. holding that it may not B. holding that an employer may deny restoration when it can show that it would have discharged the employee in any event regardless of the leave C. holding that an atwill employee can be discharged for any reason or no reason unless employee is discharged for reasons that contravene a clear mandate of public policy D. holding that an employer did not regard the employee as disabled because it called the employee back from disability leave to work on a special project E. holding that an employee gives his employer sufficient notice that he is requesting leave for an fmlaqualifying condition when he gives the employer enough information for the employer to reasonably conclude that an event described in 29 usc 2612a1 has occurred

assistant: The best answer is B. holding that an employer may deny restoration when it can show that it would have discharged the employee in any event regardless of the leave
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company hereby agrees to employ the Executive as its Executive Vice President and Chief Medical Officer. All of Executive’s powers and authority in any capacity shall at all times be subject to the direction and control of the Company’s Chief Executive Officer and Board of Directors (“Board”). The Board may assign to Executive such management and supervisory responsibilities and executive duties for the Company or any subsidiary of the Company, including serving as an executive officer and/or director of any subsidiary, as are consistent with Executive’s status as executive vice president and chief medical officer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There are no actions, suits, proceedings or investigations pending or, to the knowledge of the Company, threatened against the Company at law or in equity before or by any court or federal, state, municipal or their governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign which could materially adversely affect the Company. The Company is not subject to any continuing order, writ, injunction or decree of any court or agency against it which would have a material adverse effect on the Company.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 5.4 suspension , technical improvement and maintenance : from time to time , skype may need to perform maintenance on or upgrade the software , products or skype websites or the underlying infrastructure that enables you to use the software , products or skype websites .

assistant: Unilateral change
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: Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by any of the parties (whether by operation of law or otherwise) without the prior written consent of the other party; provided , however , that, without the consent of any party, each Vantage Seller shall be entitled to assign, in whole or in part, its rights and obligations under this Agreement prior to the Closing or the termination of this Agreement to any Person or Persons, the sole owners, directly or indirectly, of which are one or more members of Vantage I or Vantage II, but no such assignment shall release such Vantage Seller from its obligations hereunder. Subject to the preceding sentence, this Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Any purported assignment in violation of this Section 9.9 shall be void.

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: This Agreement, together with the other Financing Documents, constitutes the final and entire agreement and understanding of the parties and any term, condition, covenant or agreement not contained herein or therein is not a part of the agreement and understanding of the parties. Neither this Agreement, nor any term, condition, covenant or agreement hereof may be changed, waived, discharged or terminated except by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought.

assistant: Amendments
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: mayor “shall have the sole power of appointing and removing any member of the department as chief of police,” for the proposition that the chief of police must be an active member of the department at the time he is appointed. Terre Haute argues that Ind.Code § 19-1-29.5-13 “simply provides that, if a member of the department is appointed chief and his service terminates, he is to be returned to his former rank. The statute simply does not guarantee any similar protections for a nonmember appointed as chief.” Appellee’s Brief at 13. We conclude that the language of the statute is reasonably susceptible to more than one construction. Consequently, we will examine the substance and history of Chapter 29.5 in its entirety to discern the Legislature’s intent. See Deaton, 582 N.E.2d at 885 (<HOLDING>). In 1971, the Legislature' passed Ind. Code § Options: A. holding that government contracts must be read as if they included clauses required by law B. recognizing rule of statutory construction that statutes must be read as a whole and sections which are part of the same general statutory scheme must be construed together and each given effect if it can be done by any reasonable construction C. holding that related provisions should be read together D. holding that statutory provisions cannot be read standing alone instead they must be construed in light of the entire act of which they are a part E. holding that the words and provisions of a statute must be construed in a harmonious way

assistant: The best answer is D. holding that statutory provisions cannot be read standing alone instead they must be construed in light of the entire act of which they are a part
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: is no evidence supporting the findings or the findings fail to support the judgment. We do not reweigh the evidence, but consider only the evidence favorable to the trial court’s judgment. Those appealing the trial court’s judgment must establish that the findings' are clearly erroneous. Findings are clearly' erroneous when a review of the record leaves us firmly convinced that a mistake has been made. We do not defer to conclusions of law, however, and evaluate them de novo. Smith v. Smith, 938 N.E.2d 857, 860 (Ind.Ct.App.2010) (citations omitted). II. Natural Parent Presumption [16] In a custody dispute between a natural parent and a third party, there is a strong presumption in all cases that the natural parent should have- custody of his or her child. In re L.L., 745 N.E.2d at 230 (<HOLDING>). “[BJefore placing a child in the custody of a Options: A. holding de facto custodian status does not remove the presumption in favor of natural parents obtaining or retaining custody of their children B. recognizing parents fundamental liberty interest in the care custody and management of their children C. holding that de facto custodians are still required to overcome the natural parent presumption in order to gain custody D. holding that a de facto parents rights do not infringe on the fundamental liberty interests of the other legal parent in a family unit because de facto status can be achieved only through the active encouragement of the biological or adoptive parent by affirmatively establishing a family unit with the de facto parent and child or children that accompany the family E. holding that natural parents have a fundamental liberty interest in the care custody and management of their children

assistant: The best answer is A. holding de facto custodian status does not remove the presumption in favor of natural parents obtaining or retaining custody of their children
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 2. Borrower shall use the Information solely in its credit, risk management and net capital processes, including, without limitation, functions such as concentration limit monitoring, compliance or legal review, or senior management oversight as Borrower may reasonably deem necessary to comply with regulatory requirements including, without limitation, regulatory capital computation, regulatory reporting and concentration limit monitoring.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 341 U.S. 56 71 S.Ct. 565 95 L.Ed. 745 GERENDEv.BOARD OF SUP'RS OF ELECTIONS OF BALTIMORE CITY. No. 577. Argued April 9, 1951. Decided April 12, 1951. Rehearing Denied April 30, 1951. See 341 U.S. 923, 71 S.Ct. 741. Messrs. William H. Murphy, I. Duke Avnet, Baltimore, Md., for appellant. Messrs. Hall Hammond, J. Edgar Harvey, Baltimore, Md., for appellee. PER CURIAM. 1 This is an appeal from a decision of the Court of Appeals of the State of Maryland the effect of which is to deny the appellant a place on the ballot for a municipal election in the City of Baltimore on the ground that she has refused to file an affidavit required by state law. Md. Laws 1949, c. 86, § 15, 78 A.2d 660. The scope of the State law was passed on in Shub v. Simpson, Md., 76 A.2d 332. We read this decision to hold that to obtain a place on a Maryland ballot a candidate need only make oath that he is not a person who is engaged 'in one way or another in the attempt to overthrow the government by force or violence,' and that he is not knowingly a member of an organization engaged in such an attempt. 76 A.2d at 338. At the bar of this Court the Attorney General of the State of Maryland declared that he would advise the proper authorities to accept an affidavit in these terms as satisfying in full the statutory requirement. Under these circumstances and with this understanding, the judgment of the Maryland Court of Appeals is affirmed. 2 Affirmed. 3 Mr. Justice REED concurs in the result.

assistant: 3
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by the Supreme Court of the United States from all such final decisions.” Id. It is in light of this historic and statutory backdrop that we must consider the nature of our review of the Supreme Court of the Virgin Islands’ decisions. At the outset, we identify three possible standards of review that we might apply to a decision of the Virgin Islands Supreme Court. First, we might define our role as that of a “super-Supreme Court,” with powers of review equivalent to that of a state Supreme Court reviewing the decision of an intermediary state appellate court. Second, our role might be framed as equivalent to that of the United States Supreme Court when it reviews decisions of a state Supreme Court. See, e.g., Oregon v. Guzek, 546 U.S. 517, 521, 126 S.Ct. 1226, 163 L.Ed.2d 1112 (2006) (<HOLDING>); Richfield Oil Corp. v. State Bd. of Options: A. holding that we review agency determinations of law de novo B. holding federal courts are bound by state court determinations of state law C. holding that supreme court possesses jurisdiction to review statecourt determinations that rest upon federal law D. holding that failure to cite federal law does not mean that state court decision was contrary to established federal law state court need not even be aware of supreme court precedents so long as neither the reasoning nor the result of the statecourt decision contradicts them E. holding that the supreme court may review statecourt judgments that rest on state law when the state court felt compelled by what it understood to be federal constitutional considerations to construe and apply its own law in the manner it did

assistant: The best answer is C. holding that supreme court possesses jurisdiction to review statecourt determinations that rest upon federal 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 legal provision and list the applicable contract clause categories. Provision: The Borrower and each Guarantor will, and will cause each of their respective Subsidiaries to, cooperate with the Agent and the Lenders and execute such further instruments and documents as the Lenders or the Agent shall reasonably request to carry out to their satisfaction the transactions contemplated by this Agreement and the other Loan Documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by or against Indians on Indian reservations, had jurisdiction to execute search warrants within the reservation pursuant to an exercise of the state’s jurisdiction. See id. at 1216-17. The Supreme Court has also recognized that a state, even absent a Congressional delegation of jurisdiction over crimes occurring within Indian country, may exercise jurisdiction over a crime committed within Indian country by non-Indians against non-Indians. See United States v. McBratney, 104 U.S. 621, 624, 26 L.Ed. 869, 870 (1881). However, a state court may not issue a warrant to search an area within Indian country where the state does not have jurisdiction over the underlying crime. See United States v. Baker, 894 F.2d 1144, 1146 (10th Cir.1990); Ross v. Neff, 905 F.2d 1349 (10th Cir.1990) (<HOLDING>); Sycuan Band of Mission Indians v. Roache, 788 Options: A. holding that state has no jurisdiction over civil suit by nonindian against indian where cause of action arises on indian reservation B. holding that the arrest of an indian on indian land was illegal because the state had no jurisdiction over the reservation to enforce its laws including the execution of a search warrant unless congress consented to the states jurisdiction C. holding that the state of oklahoma did not have jurisdiction to make an arrest within indian country where the state had neither received by express grant nor acted pursuant to congressional authorization to assume criminal jurisdiction over the reservation D. holding that state of south dakota does not have criminal jurisdiction over indians in indian country E. holding that the state has no jurisdiction to pursue an indian onto an indian reservation for criminal offenses committed off the reservation

assistant: The best answer is C. holding that the state of oklahoma did not have jurisdiction to make an arrest within indian country where the state had neither received by express grant nor acted pursuant to congressional authorization to assume criminal jurisdiction over the reservation
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: Alabama law does not allow a cause of action for negligent infliction of emotional distress. See, e.g. AALAR, Ltd., Inc. v. Francis, 716 So.2d 1141, 1144 (Ala.1998) (“negligently causing emotional distress is not an independent tort in Alabama, but, rather, that it is part and parcel of the traditional tort of negligence”). Neither does it permit every plaintiff to maintain a suit for negligence or wantonness when the only damages are mental or emotional harm. Id. at 1146 (“Courts therefore have placed substantial limitations on the class of plaintiffs that may recover for emotional injuries.... ”). Instead, “[i]n negligence actions, Alabama follows the ‘zone-of-danger’ test, which limits recovery of mental anguish damages to those plaintiffs who sustain 7 So.2d 447, 449 (Ala.1999) (<HOLDING>); Wal-Mart Stores, Inc. v. Bowers, 752 So.2d 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 plaintiffs who were in the car during car accident could recover for emotional damages because they were within zone of danger C. holding that plaintiffs were not in the zone of danger and could not recover for emotional distress because they were at not home when their house caught on fire D. holding person is at grave risk of death when directly in the line of fire or when in a zone of danger E. holding that the trial court erred in allowing the jury to award mentalanguish damages to the plaintiff homeowners based on their negligence claim where fire destroyed the house but they suffered no physical injury and were not in the zone of danger

assistant: The best answer is C. holding that plaintiffs were not in the zone of danger and could not recover for emotional distress because they were at not home when their house caught on fire
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 representations, warranties, covenants, agreements, undertakings, waivers and releases of the Holder contained herein shall be deemed to have been relied upon by the Company and shall survive the expiration or termination of this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: Mr. Leslie Turner, the driver of the grader involved, later testified by deposition. Also, there was no ambiguity in the complaint that the allegations referenced the employee who was driving the snow removal vehicle that struck the Zuppos' truck. The pleading, with regard to what agents, servants or employees were involved, was sufficiently specific so as to enable the opposing party to prepare a response. See Commonwealth, Environmental Pollution Strike Force v. Jeannette, 9 Pa.Cmwlth. 306, 305 A.2d 774 (1973). In any event, since we conclude that the trial court erred in denying DOT’s motion for summary judgment, any failure to specifically name the employee is immaterial. 8 . See Holt v. Northwest Pennsylvania Training Partnership Consortium, 694 A.2d 1134, 1140 (Pa.Cmwlth.1997) (<HOLDING>) 9 . The General Assembly amended the provision Options: A. recognizing the doctrine reaches even intentional torts such as an employees alleged assault provided the tortious conduct at issue occurred within the scope of employment B. holding that the commission is a commonwealth agency entitled to sovereign immunity C. holding that ujnlike for local agency employees willful misconduct does not vitiate a commonwealth employees immunity because sovereign immunity protects a commonwealth employee acting within the scope of his or her employment from liability even for intentional torts D. holding that school districts do not share in the commonwealth of pennsylvanias eleventh amendment sovereign immunity because they are not alter egos of the commonwealth E. holding that the doctrine of sovereign immunity in the commonwealth resulted from a mistaken view of the law by earlier courts

assistant: The best answer is C. holding that ujnlike for local agency employees willful misconduct does not vitiate a commonwealth employees immunity because sovereign immunity protects a commonwealth employee acting within the scope of his or her employment from liability even for intentional torts
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 No. 1 may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. Any signature page delivered electronically or by facsimile (including, without limitation, transmission by .pdf or other fixed image form) will be binding to the same extent as an original signature page.

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 legal provision and list the applicable contract clause categories. Provision: The termination of this Agreement shall not affect any Credit Party’s, Agent’s or any Lender’s rights, or any of the Obligations having their inception prior to the effective date of such termination, and the provisions hereof shall continue to be fully operative until all transactions entered into, rights or interests created or Obligations (other than contingent indemnity claims not yet asserted or threatened) have been fully and indefeasibly paid, disposed of, concluded or liquidated. The security interests, Liens and rights granted to Agent for the benefit of the Secured Parties hereunder and the financing statements filed in connection therewith shall continue in full force and effect, notwithstanding the termination of this Agreement, until the Termination Date. Upon the occurrence of the Termination Date or any release of Collateral or any part thereof in accordance with the provisions of this Agreement, then the Collateral (or such part of the Collateral) shall be released from the security interests created by this Agreement and Agent shall, upon the written request and at the sole cost and expense of the Borrowers and receipt by Agent of a certificate from an Authorized Officer of the Borrowing Agent confirming that such release (other than in connection with the occurrence of the Termination Date) is permitted under this Agreement and each Other Document, assign, transfer and deliver to Credit Parties, without recourse to or representation or warranty, express or otherwise, by Agent, such of the Collateral or any part thereof as may be in possession of and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Collateral, proper documents and instruments (including UCC-3 termination financing statements or releases) acknowledging the termination of the Liens granted pursuant to this Agreement, each as provided to Agent. All representations, warranties, covenants, waivers and agreements contained herein shall survive termination hereof until all Obligations (other than contingent indemnity claims not yet asserted or threatened) are indefeasibly paid and performed in full.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to support the ill seaman for the rest of his life. The Taylor opinion had a major impact on maintenance and cure law. Beyond its actual holding, the opinion reaffirmed that seamen are considered wards of the court, and that the rules devised for their “benefit and protection” should be construed liberally. Also, it added the term “manifests itself’ to the maintenance and cure lexicon, so that the following rule is often repeated: A shipowner must pay maintenance and cure for any illness or injury which occurred, was aggravat ed, or manifested itself while the seaman was in the ship’s service. Norris, supra, at § 26:21. Since Taylor, the Supreme Court has heard four maintenance and cure cases: Aguilar v. Standard Oil Co., 818 U.S. 724, 737, 63 S.Ct. 930, 937, 87 L.Ed. 1107 (1943) (<HOLDING>); Farrell v. United States, 336 U.S. 611, 517, Options: A. holding that as long as the arbitrator is even arguably construing or applying the contract and acting within his scope of authority that a court is convinced he committed serious error does not suffice to overturn his decision B. holding that a defendant is aware of the consequences of his plea for sentencing purposes and the plea is voluntary as long as he understands the length of time he might possibly receive C. recognizing in dicta that where there is a general duty it may be considered as insistent both where the actor is and the subject is as in the case of the duty of a father to support his children and if the duty hals criminal sanetion it may be enforced in either place D. holding that a seaman is entitled to maintenance and cure even if he falls ill or is injured while ashore as long as he is subject to the call of duty E. holding that it is reasonable to allow a parole officer to conduct a search whenever he reasonably believes that is necessary to perform his duties as long as the search is based on specific facts

assistant: The best answer is D. holding that a seaman is entitled to maintenance and cure even if he falls ill or is injured while ashore as long as he is subject to the call of duty
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: Justice Insurance Reciprocal v. Hutchison, 15 S.W.3d 811 (Tenn.2000), requires a showing of prejudice in order for an insurance company to defeat liability, even if the insured individual has failed to abide by the terms of the policy. In a diversity action involving an insurance contract, a federal, court applies the substantive law of the forum state. See Erie R.R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938); Equitable Life Assur. Soc. of U.S. v. Poe, 143 F.3d 1013, 1016 (6th Cir.1998). A federal court must follow the decisions of the state’s highest court when that court has addressed the releva en its full effect and treated as though the decision existed during the pendency of the action before the district court. See Huddleston, 322 U.S. at 236, 64 S.Ct. 1015 (<HOLDING>). Therefore, we must apply both Alcazar and Options: A. holding that when applying state law this court follows the decision of the highest state court or in the absence of such a decision and any indication that the highest court would rule differently the decisions of the states intermediate courts B. holding that when there is no ruling by the states highest court it is the duty of the federal court to determine as best it can what the highest court of the state would decide C. holding that federal courts must accept the decision of the states highest court even if it is an erroneous one D. holding that when applying state law a federal court is bound to follow the highest court in the state E. holding that until the case is no longer sub judice federal courts must apply state law in accordance with the then controlling decision of the highest state court

assistant: The best answer is E. holding that until the case is no longer sub judice federal courts must apply state law in accordance with the then controlling decision of the highest state court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Obligor will, and will cause each of its Subsidiaries to, use the proceeds of the Loans solely for purposes set forth in the Preliminary Statements hereof. No part of the proceeds of the Loans will be used, directly or, to the knowledge of the Obligors, indirectly, in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of the FCPA or any other applicable anti-corruption law.

assistant: Use Of Proceeds
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 extent they sought to cross-examine a document custodian, it was for purposes of asking whether the custodian had verified the authenticity of signatures on loan documents with the purported author. At no time did the defendants ever challenge the declarations as they related to the bank statements. As they pertained to the bank statements, the declarations merely stated that the bank statements were made at or near the time of the occurrence of the matters contained in the bank statements by someone with knowledge of the matters, that the bank statements were kept in the course of the regularly conducted activity of the bank, that they were made as a regular practice of the bank, and that any duplicates were accurate copies of the originals. {See, e.g., d 1380, 1389 (3d Cir.1992) (<HOLDING>). Any Crawford violation in admitting the Rule Options: A. holding that the erroneous admission of a hearsay statement that identified the defendant as the shooter was harmless where the defendant never contested that he shot the gun but claimed only that he shot in selfdefense B. holding the defendant was not entitled to a charge of involuntary manslaughter where there was no evidence that he involuntarily pulled his gun and shot the victim noting the act must be unintentional to constitute criminal negligence C. holding that the trial court did not err in charging the jury that the defendant was in the custody of the victim officer when he shot and killed the officer due to the undisputed evidence presented at trial including the defendants pretrial statement to police admitting that fact D. holding that although the first shot might have been justified in selfdefense a second shot to the victims body cannot be so justified when danger of death or great bodily harm ceases E. holding that the erroneous admission of dna evidence is never harmless

assistant: The best answer is A. holding that the erroneous admission of a hearsay statement that identified the defendant as the shooter was harmless where the defendant never contested that he shot the gun but claimed only that he shot in selfdefense
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 GDPA, together with the Guidelines, constitutes the entire agreement between each SIE Company and Publisher and supersedes all prior or contemporaneous agreements, proposals, representations, understandings and communications between each SIE Company and Publisher, whether oral or written, with respect to the subject matter hereof, including any confidentiality, licensed developer or publisher, store or development tools agreements. Publisher is not relying upon any statement, representation, warranty or understanding, whether negligently or innocently made, of any person other than as expressly set forth in this GDPA.

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 legal provision and list the applicable contract clause categories. Provision: All questions concerning the construction, validity, enforcement and interpretation of the Transaction Documents shall be governed by and construed and enforced in accordance with the internal laws of the State of Colorado, without regard to the principles of conflicts of law thereof. Each party agrees that all legal proceedings concerning the interpretations, enforcement and defense of the transactions contemplated by this Agreement and any other Transaction Documents (whether brought against a party hereto or its respective affiliates, directors, officers, shareholders, partners, members, employees or agents) shall be commenced exclusively in the state and federal courts sitting in the City of Denver, Colorado. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the City of Denver, Colorado for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein (including with respect to the enforcement of any of the Transaction Documents), and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is improper or is an inconvenient venue for such proceeding. Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding 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. If either party shall commence an action, suit or proceeding to enforce any provisions of the Transaction Documents, then, in addition to the obligations of the Company under this Section, the prevailing party in such action, suit or proceeding shall be reimbursed by the other party for its reasonable attorneys’ fees and other costs and expenses incurred with the investigation, preparation and prosecution of such action or proceeding.

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: This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to conflict of law provisions that would defer to the laws of another jurisdiction. The rights and obligations of the parties hereunder shall be governed by and determined in accordance with such laws.

assistant: Applicable 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: Each Participant must pay the Company, or make provision satisfactory to the Administrator for payment of, any taxes required by law to be withheld in connection with such Participant’s Awards by the date of the event creating the tax liability. The Company may deduct an amount sufficient to satisfy such tax obligations based on the minimum statutory withholding rates (or such other rate as may be determined by the Company after considering any accounting consequences or costs) from any payment of any kind otherwise due to a Participant. Participants may satisfy such tax obligations in cash, by wire transfer of immediately available funds, by check made payable to the order of the Company, or subject to Section 10.8 and any Company insider trading policy (including blackout periods), (i) to the extent permitted by the Administrator, in whole or in part by delivery of Shares, including Shares retained from the Award creating the tax obligation, valued at their Fair Market Value, (ii) if there is a public market for Shares at the time the tax obligations are satisfied, unless the Administrator otherwise determines, (A) delivery (including telephonically to the extent permitted by the Company) of an irrevocable and unconditional undertaking by a broker acceptable to the Company to deliver promptly to the Company sufficient funds to satisfy the tax obligations, or (B) delivery by the Participant to the Company of a copy of irrevocable and unconditional instructions to a broker acceptable to the Company to deliver promptly to the Company cash or a check sufficient to satisfy the tax withholding; provided that such amount is paid to the Company at such time as may be required by the Administrator, or (iii) any combination of the foregoing permitted payment forms (including cash, wire transfer or check). If any tax withholding obligation will be satisfied under clause (i) of the immediately preceding sentence by the Company’s retention of Shares from the Award creating the tax obligation and there is a public market for Shares at the time the tax obligation is satisfied, the Company may elect to instruct any brokerage firm determined acceptable to the Company for such purpose to sell on the applicable Participant’s behalf some or all of the Shares retained and to remit the proceeds of the sale to the Company or its designee, and each Participant’s acceptance of an Award under the Plan will constitute the Participant’s authorization to the Company and instruction and authorization to such brokerage firm to complete the transactions described in this sentence.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining provisions of this Agreement (including, without limitation, each portion of any Section of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby; (b) such provision or provisions shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent of the parties hereto; and (c) to the fullest extent possible, the provisions of this Agreement (including, without limitation, each portion of any Section of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested thereby.

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: Although these factors are neither exclusive nor dispositive, courts have recognized the need for jury protection based on a combination of factors, including: (1) the defendants’ involvement with organized crime; (2) the defendants’ participation in a group with the capacity to harm jurors; (3) the defendants’ past attempts to interfere with the judicial process or witnesses; (4) the potential that the defendants will suffer lengthy incarceration if convicted; and (5) extensive publicity that could enhance the possibility that jurors’ names would become public and expose them to intimidation and harassment. Shryock, 342 F.3d at 971 (citations omitted); see Darden, 70 F.3d 1507, 1532 (8th Cir.1995) (collecting cases applying these five factors); see also Baker, 10 F.3d at 1390 (<HOLDING>). The record reveals that all five factors were Options: A. recognizing ability of one or more joint tortfeasors to settle on behalf of themselves and another joint tortfeasor and then pursue that joint tortfeasor for its share of the settlement payment B. holding that a district court was entitled to accept or reject testimony on the basis of the witnesses demeanor and candor or lack thereof and contradictions in the witnesses testimony C. holding that the district court must make findings on the record as to the basis for its conclusion about the amount of actual loss D. holding that prosecutor free to comment on defendants failure to call certain witnesses or present certain testimony E. recognizing despite its skepticism about certain justifications for large joint trials that possible loss of testimony and more importantly risk to the lives of witnesses must be factored into the equation on a casebycase basis

assistant: The best answer is E. recognizing despite its skepticism about certain justifications for large joint trials that possible loss of testimony and more importantly risk to the lives of witnesses must be factored into the equation on a casebycase basis