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 legal provision and list the applicable contract clause categories. Provision: The Employee shall, upon reasonable notice to the Company, be entitled to up to ________(____) weeks of paid vacation time during each year under this Agreement, pro rated for periods of less than a full year hereunder; provided , that the timing and duration of any particular vacation shall not unduly interfere with the business of the Company or the effective performance of the Employee's duties hereunder, as reasonably determined in good faith by the Board. Vacation is provided on a use-it-or-lose-it basis for each Company fiscal year.

assistant: Vacations
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 is possible to commit simple assault under § 111(a) without using violent force. But, this enhancement necessarily requires the use or threat of force “capable of causing physical pain or injury to another.” Johnson, 559 U.S. at 140, 130 S.Ct. 1265. Even if simple assault under § 111(a) does not require violent force, this enhanced version does. The second enhanced version of § 111 is met when the defendant inflicts bodily injury in the course of the forcible assault. If “a slap in the face” counts as violent force under Johnson because it is “capable” of causing pain or injury, 559 U.S. at 143, 130 S.Ct. 1265, a “forcible” act that injures does, too, because the defendant “necessarily must have committed an act of force in causing the injury,” Juvenile Female, 566 F.3d at 946-48 (<HOLDING>); accord Hernandez-Hernandez, 817 F.3d at Options: A. holding that assault resulting in bodily injury under 111b is a crime of violence B. holding that specific intent is not element of assault resulting in serious bodily injury C. holding that sexual assault of a child qualified as crime of violence under 18 usc 16 D. holding dui causing serious bodily injury is not a crime of violence under 18 usc 16 E. holding that assault conviction for driving a motor vehicle under the influence of alcohol and causing serious bodily injury to the person of another with the motor vehicle qualified as a crime of violence under ussg 4b12a

assistant: The best answer is A. holding that assault resulting in bodily injury under 111b is a crime of violence
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: omitted). The First and Fifth Circuits have been even more explicit about the need to hold an evidentiary hearing before resolving disputed factual questions material to the determination of standing. In Martin v. Morgan Drive Away, Inc., 665 F.2d 598 (5th Cir.1982), the Fifth Circuit reviewed the district court’s grant of defendant’s motion to dismiss for want of standing. The district court based its standing conclusion on its factual finding that plaintiffs agreement with a bank to assign to him the legal claims of his former company was champertous. The court of appeals vacated the district court’s order concluding that the district court erred in making a ruling regarding standing based on its determination of disputed facts without first holding an evidentiary hearing. Id at 602 (<HOLDING>). In Barrett Computer Services, Inc. v. PDA, Options: A. holding that the trial court erred in not holding an evidentiary hearing on the issue of samfords standing to prosecute this action as discussed samfords standing or its absence is based upon several disputed issues of fact thus a summary disposition of the type made by the trial court was inappropriate B. holding that at summary judgment hearing trial court erred by considering theory not raised in the pleadings C. holding that an evidentiary hearing is necessary only if the party requesting the hearing raises a significant disputed factual issue D. holding that the function of the trial court on a motion for summary judgment is to determine whether issues of fact exist and not to decide the merits of the issues themselves E. holding that where trial court erred in applying established law to the facts of the case it must be reversed and remanded for a new hearing to give the trial court an opportunity to address the issue

assistant: The best answer is A. holding that the trial court erred in not holding an evidentiary hearing on the issue of samfords standing to prosecute this action as discussed samfords standing or its absence is based upon several disputed issues of fact thus a summary disposition of the type made by the trial court was inappropriate
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: to begin an arbitration proceeding , you must send a letter requesting arbitration and describing your claim to our registered agent corporation service company , 300 deschutes way sw , suite 304 , tumwater , wa 98501 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All federal, state, provincial, local and other material tax returns required to have been filed with respect to each Loan Party and each Subsidiary of each Loan Party have been filed, and payment or adequate provision has been made for the payment of all taxes, fees, assessments and other governmental charges which have or may become due pursuant to said returns or to assessments received, except to the extent that such taxes, fees, assessments and other charges are being contested in good faith by appropriate proceedings diligently conducted and for which such reserves or other appropriate provisions, if any, as shall be required by GAAP shall have been made.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties hereto irrevocably and unconditionally submits to the non-exclusive jurisdiction of any federal or state court within the State of Delaware, for the purposes of any suit, action or other proceeding arising out of this Agreement or any transaction contemplated hereby. Each of the parties hereto further agrees that service of any process, summons, notice or document by U.S. registered mail to such party’s respective address set forth in Section 17(b) shall be effective service of process for any action, suit or proceeding in Delaware with respect to any matters to which it has submitted to jurisdiction as set forth above in the immediately preceding sentence. Each of the parties hereto irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or proceeding arising out of this Agreement or the transactions contemplated hereby in any federal or state court in the State of Delaware, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. Each of the parties hereto shall be responsible for its own costs and expenses (including, without limitation, legal fees and other expenses of counsel) in any proceeding described in this Section 17(h).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no Action pending or threatened against the Seller or any of its officers or directors in each case that (a) relates to the Seller, its assets or its business, including without limitation, the Shares, or (b) as of the date hereof, seeks, or could reasonably be expected, to prohibit or restrain the ability of the Seller to enter into this Agreement or to timely consummate any of the transactions contemplated hereby, and there is no reasonable basis for any such Action. There are no judgments, decrees, agreements, memoranda of understanding or orders of any Governmental Authority outstanding against the Seller.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Issuer shall indemnify the Indenture Trustee (and its officers, directors, employees and agents) for, and hold it harmless from and against, any loss, liability, claim, obligation, damage, injury, penalties, actions, suits, judgments or expense (including attorney’s fees and expenses) incurred by it without negligence or bad faith on its part, arising out of or in connection with the acceptance or administration of this Master Indenture and its duties under this Master Indenture and the Equipment Notes, including the costs and expenses of defending itself against any claim or liability and of complying with any process served upon it or any of its officers in connection with the exercise or performance of any of its powers or duties and hold it harmless against, any loss, liability or reasonable expense incurred without negligence or bad faith on its part, arising out of or in connection with actions taken or omitted to be taken in reliance on any Officer’s Certificate furnished hereunder, or the failure to furnish any such Officers’ Certificate required to be furnished hereunder. The Indenture Trustee shall notify the Holders, Issuer and the Manager and, in the case of any such claim in excess of 5% of the Adjusted Value of the Portfolio, the Rating Agencies, promptly of any claim asserted against the Indenture Trustee for which it may seek indemnity; provided , however , that failure to provide such notice shall not invalidate any right to indemnity hereunder except to the extent Issuer is prejudiced by such delay. Issuer shall defend the claim and the Indenture Trustee shall cooperate in the defense (unless the Indenture Trustee determines that an actual or potential conflict of interest exists, in which case the Indenture Trustee shall be entitled to retain separate counsel and Issuer shall pay the reasonable fees and expenses of such counsel). Issuer need not pay for any settlements made without its consent; provided that such consent shall not be unreasonably withheld. Issuer need not reimburse any expense or indemnity against any loss or liability incurred by the Indenture Trustee through negligence or bad faith.

assistant: Indemnity
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 fees, costs and expenses of the Earnest Money Escrow shall be shared equally between Seller and Purchaser, except that Purchaser shall pay any fees, costs or expenses with respect to the investment of the Earnest Money and Purchaser shall bear the risk of loss of the Earnest Money.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Employee’s employment by the Company under this Agreement shall commence on the date set forth in Section 13 to Schedule ‎1 (the “ Commencement Date ”), and shall continue until it is terminated pursuant to the terms set forth herein (the “ Term ”).

assistant: Terms
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: Holdings will, and will cause each of the other Loan Parties to, from time to time duly authorize, execute and deliver, or cause to be duly authorized, executed and delivered, such additional instruments, certificates, Financing Statements, agreements, notices or documents, and take all such actions (including filing Financing Statements and other documents), which may be required under any applicable law or which the Administrative Agent or the Collateral Agent may reasonably request, for the purposes of implementing or effectuating the provisions of this Agreement and the other Loan Documents, or of more fully granting, preserving, protecting, perfecting, maintaining or renewing the rights of the Administrative Agent, the Collateral Agent and the Secured Parties with respect to the Collateral (or with respect to any additions thereto or replacements or proceeds or products thereof or with respect to any other property or assets hereafter acquired by Holdings or any other Loan Party which are required to be part of the Collateral) pursuant hereto or thereto.

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 legal provision and list the applicable contract clause categories. Provision: All insurance maintained by the Loan Parties is in full force and effect, all premiums have been duly paid, no Loan Party has received notice of violation or cancellation thereof, and the use, occupancy and operation of the Real Property comply with all insurance requirements, and there exists no default under any insurance requirement, in each case, where the failure to comply with the foregoing could reasonably be expected to result in a Material Adverse Effect. Each Loan Party has insurance in such amounts and covering such risks and liabilities as are customary for companies of a similar size engaged in similar businesses in similar locations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Conduct its business in compliance with the United States Foreign Corrupt Practices Act of 1977 and any other applicable anti-corruption law. Holdings will maintain in effect policies and procedures designed to promote compliance by Holdings, its Subsidiaries, and their respective directors, officers, employees, and agents with the United States Foreign Corrupt Practices Act of 1977 and any other applicable anti-corruption laws.

assistant: Anti-Corruption 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: holding that "an officer [who] has probable cause to believe that an individual has committed even a very minor criminal offense in his presence ... may, without violating the Fourth Amendment, arrest the offender”). 12 . See Colston v. Barnhart, 130 F.3d 96, 102 (5th Cir.1997) ("The Fourth Amendment’s protection against unreasonable seizures of the person has been applied in causes of action under 42 U.S.C. § 1983 to impose liability on police officers who use excessive force against citizens.”). 13 . Tarver v. City of Edna, 410 F.3d 745, 751 (5th Cir.2005). 14 . Bush v. Strain, 513 F.3d 492, 501 (5th Cir.2008). 15 . Id. 16 . Graham v. Connor, 490 U.S. 386, 396, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) (emphasis added). 17 . See Glenn v. City of Tyler, 242 F.3d 307, 314 (5th Cir.2001) (<HOLDING>). 18 . See Miranda v. Arizona, 384 U.S. 436, Options: A. holding duration of stop was reasonable as it lasted under thirty minutes B. holding that strip search incident to arrest was not per se unreasonable but holding that search was performed in an unreasonable manner when conducted in view of the public C. holding that admission contained in an answer was binding despite the fact that it was made on information and belief D. holding suspect for 20 minutes constituted an arrest E. holding that an arrest was not made unreasonable by the fact that the plaintiff was left in an unventilated vehicle for approximately thirty minutes despite the plaintiffs allegation that her multiple sclerosis was exacerbated by the heat

assistant: The best answer is E. holding that an arrest was not made unreasonable by the fact that the plaintiff was left in an unventilated vehicle for approximately thirty minutes despite the plaintiffs allegation that her multiple sclerosis was exacerbated by the heat
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 obligations imposed by, and the provisions of, this Letter Agreement are severable and should be construed independently of each other. If any court of competent jurisdiction determines that any provision of this Letter Agreement is invalid or unenforceable, then such invalidity or unenforceability shall have no effect on the other provisions hereof, which shall remain valid, binding and enforceable and in full force and effect, and such invalid or unenforceable provision shall not affect the validity of any other provision.

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: a sum for abandoning his interest in the 2007 Mortgage so that Wells Fargo could go into state court to seek its reformation. Or, once the mortgage is avoided and preserved for the benefit of the estate, the Trustee might himself seek its reformation in state court. But what the Trustee cannot do in a Chapter 7 case is use the Bankruptcy Code to change the terms of an avoidable mortgage. Reformation of the 2007 Mortgage is reserved to the parties to that mortgage and/or the state court. For these reasons, approval of the Compromise in the form offered is not possible. Nor can the Court fashion its own remedy for liquidating the estate’s interest in the 2007 Mortgage in lieu of the Trustee’s judgment. See In re Central Illinois Energy, L.L.C., 406 B.R. 371 (Bankr.C.D.Ill. 2008) (<HOLDING>). C. Debtor’s Motion to Abandon Section 554(b) Options: A. holding that because the alleged settlement was never approved by the court under rule 9019 the settlement agreement was unenforceable B. holding that a settlement agreement is not a court order and therefore a violation of the settlement agreement would not subject a party to contempt C. holding that the plaintiffs lawsuit which was filed despite a general release in the parties settlement agreement constituted a material breach of the settlement agreement D. holding that a settlement agreement in which the parties failed to agree upon the terms of a release was unenforceable E. holding that a bankruptcy court cannot rewrite an agreement and by doing so approve terms that differ from those to which the parties agreed in evaluating a proposed settlement or compromise under rule 9019 the court must accept or reject the agreement as presented

assistant: The best answer is E. holding that a bankruptcy court cannot rewrite an agreement and by doing so approve terms that differ from those to which the parties agreed in evaluating a proposed settlement or compromise under rule 9019 the court must accept or reject the agreement as presented
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: 2 and 924(c). Alisic appeals his conviction for Use of a Firearm in a Crime of Violence under 18 U.S.C. § 924(c) and his sentence of 221 months imprisonment. This court has jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Alisic argues the district court erred in denying his motion under Federal Rule of Criminal Procedure 29 for a judgment of acquittal on the government’s 18 U.S.C. § 924(c) charge. Viewing the evidence in the light most favorable to the government, the district court did not err in denying Alisic’s Rule 29 motion. Under the. first clause of § 924(c), the government presented persuasive evidence that Alisic carried the pistol in the van he used to commit the robbery. See Muscarello v. United States, 524 U.S. 125, 126-27, 118 S.Ct. 1911, 141 L.Ed.2d 111 (1998) (<HOLDING>). With respect to the “in relation to any crime Options: A. holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used B. holding that carries a firearm includes one who knowingly possesses and conveys a firearm in a vehicle C. holding the phrase carries a firearm is not limited to the carrying of firearms on the person but also applies to a person who knowingly possesses firearms in a vehicle including in the locked glove compartment or trunk of a car D. holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense E. holding the word carry includes the carrying of a firearm in a vehicle

assistant: The best answer is B. holding that carries a firearm includes one who knowingly possesses and conveys a firearm in a vehicle
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 parties agree that they have both had the opportunity to review and negotiate this Agreement, and that any inconsistency or dispute related to the interpretation of any of the provisions of this Agreement shall not be construed against either party. The headings used in this Agreement are for convenience only and are not to be considered in construing or interpreting this Agreement. The Employee has been advised and had the opportunity to consult with an attorney or other advisor prior to executing this agreement. The Employee understands, confirms and agrees that counsel to the Company (Becker & Poliakoff LLP) has not acted and is not acting as counsel to the Employee and that Employee has not relied upon any legal advice except as provided by its own counsel.

assistant: Interpretations
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: beginning on the effective date , as part of the monthly service subscription fee , you shall receive access to both the world of warcraft online game and a television service ( esl turtle tv ) , which is an ip tv service featuring , among other content , blizzard games , blizzard products and other blizzard related content .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As used in this Agreement, the words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular article, section, paragraph or other subdivision.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as shown on Schedule 9.1.16 , there are no proceedings or investigations pending or, to any Borrower’s knowledge, threatened against any Borrower or Subsidiary, or any of their businesses, operations, Properties or condition (financial or otherwise), that (a) relate to any Loan Documents or transactions contemplated thereby; or (b) could reasonably be expected to be determined adversely to such Borrower or Subsidiary, and if so determined, to have a Material Adverse Effect. No Borrower or Subsidiary is in default with respect to any order, injunction or judgment of any Governmental Authority.

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 case excerpt and choose the best holding from the options. Case excerpt: Thus, any benefit Doe received when the Virginia State Police removed his registry information from the internet was a product of Va. Code § 9.1-909 (2005) though triggered by the circuit courts April 1, 2005, order. Doe argues the benefit created by a successful § 9.1-909 petition created a vested right to have his registry information permanently removed from the internet. The few Virginia cases to consider vested rights identify such rights as property rights or quasi-property rights. See Shiflet v. Eller, 228 Va. 115, 121, 319 S.E.2d 750 (1984) (right to a cause of action for contribution from a joint tortfeasor is a vested right); Potomoc Hospital Corp. v. Dillon, 229 Va. 355, 360-61, 329 S.E.2d 41 (1985) (same); Bartholomew v. Bartholomew, 233 Va. 86, 90-91, 353 S.E.2d 752 (1987) (<HOLDING>); Starnes v. Cayouette, 244 Va. 202, 207, 419 Options: A. holding that when a constitutional right is vested in a party and there is a doubt as to whether that right has been waived the doubt should be resolved in the defendants favor B. holding a defendant is not vested with a right to be absent from trial C. recognizing right of contribution against joint tortfeasor where release is obtained on his behalf D. holding that right of one joint tortfeasor to implead a second joint tortfeasor and have the jury apportion the damages according to their relative degrees of fault was not merely a procedural right but a substantive right E. holding that a right to be released when a joint tortfeasor has been released is a vested right

assistant: The best answer is E. holding that a right to be released when a joint tortfeasor has been released is a vested right
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 judgments issued by the courts," to administrative orders, unless the orders are void because lacking jurisdiction); Mitchell v. Gales, 61 A.3d 678, 684-85 (D.C. 2013) (following Strand v. Frenkel, 500 A.2d 1368 (D.C. 1985) to prohibit a collateral attack on the validity of an administrative order in a subsequent judicial enforcement proceeding); Commonwealth v. Wheeling-Pittsburgh Steel Corp., 348 A.2d 765, 767-68 (Pa. Commw. Ct. 1975) (ruling that defendant that failed to appeal from agency order could not attack the order in subsequent proceedings brought to enforce the order, and stating, "Cases involving other administrative agencies of this Commonwealth have long espoused this policy."); Commonwealth ex rel. Breakiron v. Farmer, 528 S.E.2d 183, 186-87 (Va. Ct. App. 2000) (<HOLDING>) (followed in Simmons v. Tynes, 56 Va. Cir. 82 Options: A. holding that it is within the power of the legislature to determine that the community should be beautiful as well as healthy spacious as well as clean wellbalanced as well as carefully patrolled B. holding that frivolous actions should be dismissed so as to preserve scarce judicial resources C. holding that for administrative orders as well as for judicial orders collateral attacks in defense of an enforcement action should be dismissed unless based on fraud D. holding that if the federal claims are dismissed before trial the state claims should be dismissed as well E. holding that in the context of the federal tort claims act claims dismissed on sovereign immunity grounds are not dismissed for lack of jurisdiction but for the existence of a defense

assistant: The best answer is C. holding that for administrative orders as well as for judicial orders collateral attacks in defense of an enforcement action should be dismissed unless based on fraud
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: look for guidance from Davis v. Federal Election Commission, — U.S. —, 128 S.Ct. 2759, 171 L.Ed.2d 737 (2008), in deciding plaintiffs’ discrimination claim in Count One. Davis involved an entirely different claim: the Davis plaintiffs challenged the so-called “Millionaire’s Amendment,” which imposed a “penalty”- — -in the form of a disadvantageous “asymmetrical regulatory scheme” — on candidates for Congress who spent large amounts of their own money on their campaigns. Id. at 2766, 2771. Davis accordingly addressed a law that burdened the “fundamental” First Amendment right to spend one’s own money on one’s own campaign. See id. at 2771 (“[W]e agree with Davis that this scheme impermissibly burdens his First Amendment right to spend his own money for campaign speech.”); see also id. (<HOLDING>). Putting aside the CEP’s trigger provisions, Options: A. holding that the right to vote is fundamental B. holding that the right to drive is not a fundamental right C. recognizing the fundamental nature of the right to spend personal funds for campaign speech D. holding right to be fundamental E. recognizing a fundamental right to marry

assistant: The best answer is C. recognizing the fundamental nature of the right to spend personal funds for campaign speech
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 lack of coverage under the E & 0 policy for a claim brought by Briar Green directly against an officer like Primo does not arise from Briar Green’s rights under the policy, but rather the officer’s lack of rights against Great American under the policy when he is sued by certain parties. For example, it is difficult to imagine a scenario in which, absent the assignment to Travelers, Briar Green could rely on the “Insured v. Insured” exclusion to prevent Great American from assuming Primo’s defense if Great American had chosen to provide one. Because Briar Green was not the possessor of the right to deny coverage, we fail to see how Briar Green could have transferred the lack of insurance coverage as a right incident to its claim against Primo. Cf. Jackson, 883 S.W.2d at 175 (<HOLDING>). Finally, Great American contends for the Options: A. holding that the right to drive is not a fundamental right B. holding that an accused may not complain if the statute of limitations is extended so long as the period of time originally provided therein had not run at the time of such extension because an accused does not acquire any vested right in a statute of limitations until it has operated to bar the prosecution of the offense with which he has been charged C. holding the fdic as the possessor of the right to a statutorily provided extension of the limitations period could transfer the right incident to the asset to which it relates D. holding that for an act to be inconsistent with the right to arbitrate and thus constitute a waiver of that right it must repudiate the right of the party who does the act E. holding that treating a defendants failure to appear as a waiver not only of the right to be present but of the right to have a hearing on the motion was error

assistant: The best answer is C. holding the fdic as the possessor of the right to a statutorily provided extension of the limitations period could transfer the right incident to the asset to which it relates
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: I as against the Corporate Defendants. 67 . This definition also contains numerous exceptions not applicable to this case. 68 . The Court of Appeals for the District of Columbia Circuit has observed that "any general definition [of ‘agency’] can be of only limited utility to a court confronted with one of the myriad organizational arrangements for getting the business of government done.” Washington Research Project, Inc. v. Dep’t of Health, Educ. & Welfare, 504 F.2d 238, 245-46 (D.C.Cir.1974). Thus, "[t]he unavoidable fact is that each new arrangement mu iew Organization ("PSRO”) at issue in Public Citizen Health Research Group v. Dep’t of Health, Educ. & Welfare, 449 F.Supp. 937 (D.D.C.1978), none of the Corporate Defendants "has any authority in law to make decisions.” Id. at 941 (<HOLDING>). Finally, unlike the Property Review Board Options: A. holding that a state medicaid agency can review the medical necessity of treatment prescribed by a doctor on a casebycase basis B. holding that the psro was an agency under the apa where in practically all cases medicare or medicaid benefits are not paid unless the psro makes its conclusive affirmative determinations of medical necessity C. holding that the knowing submission of medicare claims for services that were not covered and payable under the medicare act was an fca violation D. holding that patient could sue state agency under 1983 for breaching its obligation under the balance billing provision of the medicaid statute E. holding that knowing submission of medicare claims for services that are not covered and payable under the medicare act is a violation of the fca

assistant: The best answer is B. holding that the psro was an agency under the apa where in practically all cases medicare or medicaid benefits are not paid unless the psro makes its conclusive affirmative determinations of medical necessity
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: (Ala.1985)). Taken in isolation, the term “personal relationship” does not necessarily carry with it any pejorative connotation. However, Nichols stated that she used that term after receiving information from Spain that led her to believe that Little and Jackson had a dating relationship. Davis placed that phrase “in greater context” in the February 19 story by referring to Little as being unmarried, thereby, at least arguably, implying the relationship was romantic in nature. The February 20 editorial furthered that notion by referring to the audit as “Little’s sweetheart” deal, because that term had no other obvious meaning considering no one had alleged Little had gained any pecuniary advantage from the audit. See Hale v. Kroger Ltd. P’ship I, 28 So.3d 772, 776 (Ala.Civ.App.2009) (<HOLDING>). When coupled with the statements that Little Options: A. holding that we view the evidence in the light most favorable to the prevailing party B. holding that when reviewing a challenge to the sufficiency of the evidence all evidence is viewed in the light most favorable to the government C. holding that in ruling on a summaryjudgment motion record evidence must be viewed in a light most favorable to nonmovant D. holding that appellate court reviewing trial courts habeas corpus ruling must review record evidence in light most favorable to ruling and uphold ruling absent abuse of discretion E. holding record is viewed in light most favorable to verdict

assistant: The best answer is C. holding that in ruling on a summaryjudgment motion record evidence must be viewed in a light most favorable to nonmovant
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: gain, the petitioner was unable to prove otherwise when he offered no evidence to show otherwise). 69 . Decl. of Caldwell, Form 1040, [Doc. 93-17] at ex. 11. 70 . See Blodgett v. Comm’r, 394 F.3d 1030, 1040 (8th Cir.2005) ("A tax return is generally considered inadmissible hearsay with the exception that the return may constitute an admission by the taxpayer.”). 71 . 26 U.S.C. § 7491(c). 72 . Decl. of Bailey, [Doc. 83-2] at para. 7. 73 . See Decl. of Bailey, Forms 4340, [Docs. 83-3 to -9] at exs. 1-9. 74 . See e.g., United States v. Sadler, No. 13-7207, 2015 WL 4610950, at *3 (E.D.Penn. Aug. 3, 2015) (finding the Forms 4340 met the Government’s burden of production (citing Hughes v. United States, 953 F.2d 531, 539-40 (9th Cir. 1992)); McLaine v. Comm’r, 138 T.C. 228, 245-46 (2012) (<HOLDING>)). 75 . Decl. of Bailey, [Doc. 83-2] at para. Options: A. holding that the government bears the burden of proof with respect to the issue of whether termination for default was justified B. holding that a preponderanceoftheevidence standard with respect to sentencing matters satisfies due process requirements C. holding this court generally lacks jurisdiction over the sec 6651a2 addition to tax for failure to pay tax D. holding that the trustee bears the burden of proof with respect to the issue of insolvency under ohio law E. holding that a form 4340 satisfies the commissioners burden of production under section 7491c with respect to additions to tax for failure to timely pay

assistant: The best answer is E. holding that a form 4340 satisfies the commissioners burden of production under section 7491c with respect to additions to tax for failure to timely pay
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: 433 U.S. 682 97 S.Ct. 2912 53 L.Ed.2d 1054 Thomas Leon HARRISv.State of OKLAHOMA. No. 76-5663. June 29, 1977.

assistant: 1
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 authorizations, approvals or permits, if any, of any governmental authority or regulatory body of the United States or of any state that are required in connection with the lawful issuance and sale of the Purchased Shares pursuant to this Agreement (and except for such as may be properly filed subsequent to the Closing) shall be obtained and effective as of the Closing.

assistant: Qualifications
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: Intel Corp. v. Broadcom Corp., 167 F.Supp.2d 692, 700 (D.Del.2001); see also LSI Indus. Inc. v. Hubbell Lighting, Inc., 232 F.3d 1369, 1371 (Fed.Cir.2000). 3 . The long-arm statute lists the subsection (c)(4) activities in the disjunctive, and the defendant need only engage in one for that subsection to apply. Power Integrations, Inc. v. BCD Semiconductor Corp., 547 F.Supp.2d 365, 374 (D.Del.2008) (citing LaNuova, 513 A.2d at 769). 4 . To the extent that plaintiff may be urging upon the court the theory that priests are never "off duty” (i.e., that priests do not really have personal lives and, therefore, the scope of their employment includes all of their conduct), that theory is rejected. See, e.g., Tichenor v. Archdiocese of New Orleans, 32 F.3d 953, 960 (5th Cir.1994) (<HOLDING>); Graham v. McGrath, 363 F.Supp.2d 1030, Options: A. holding that first amendment barred child victim of sexual abuse by priest from bringing negligent hiring and supervision claims but that first amendment would not be violated by adjudication of claim of intentional failure to supervise priest B. holding that first amendment barred child victim of sexual abuse by priest from bringing breach of fiduciary duty claim against priest church official and church C. holding that first amendment barred consideration of negligent supervision claim against diocese for sexual relationship between adult parishioner and priest while the priest was counseling the parishioner in his position as a hospital chaplain D. holding that illicit sexual pursuits of priest were not related to duties of priest and did not further any interests of the employer church E. holding that first amendment barred negligent supervision claim against a church regarding sexual relationship between adult parishioner and priest during the course of a marital counseling

assistant: The best answer is D. holding that illicit sexual pursuits of priest were not related to duties of priest and did not further any interests of the employer church
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: Gutierrez, and prove the State’s substantial role in the operating and planning of Van Duyne’s foster care within the Youngs’ home.” {29} In regard to immunity from a claim based on the post-adoption knowledge, Plaintiff can find no solace in any New Mexico case. First of all, Plaintiff has failed to show how CYFD’s duties and actions in regard to pre-adoption foster care and placement are relevant to the post-adoption issues. There exist no facts alleged or legal authority showing any causation or even correlation between CYFD’s duties and actions at the foster care and placement stage and CYFD’s kn ng that Section 41-4-9 did not apply to claims for damages relating to placement of foster child with history of sex abuse of other children); Chee Owens, 106 N.M. at 515, 745 P.2d at 1168 (<HOLDING>). No statute or regulation Plaintiff has Options: A. holding that a summons directed to the commissioner of motor vehicles was defective process as against a nonresident defendant in an action arising out of operation of a motor vehicle in this state B. holding that the sensible and popular understanding of what a motor vehicle accident entails necessarily involves the motor vehicle being operated as a motor vehicle C. holding that a tip from a bus driver made via the bus dispatcher was entitled to a bolstered inference of reliability since he would be risking his employers displeasure by making a false report D. holding design planning and enforcement of bus safety rules for school bus transportation were not operation of motor vehicle under section 4145 E. holding the federal motor vehicle safety standards do not preempt jury findings that a bus manufacturers buses were defectively designed

assistant: The best answer is D. holding design planning and enforcement of bus safety rules for school bus transportation were not operation of motor vehicle under section 4145
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: Proceeding were a core proceeding, the Court would not be required to retain jurisdiction. Where a cause of action is based entirely on state law, Texas state courts retain concurrent jurisdiction: Unlike “cases under [the Bankruptcy Code],” over which federal courts possess exclusive jurisdiction, state and fed eral courts share concurrent jurisdiction over “all civil proceedings arising under [the Bankruptcy Code], or arising in or related to cases under [the Bankruptcy Code].” 28 U.S.C. § 1334(a)-(b). Indeed, a malicious prosecution claim predicated on conduct in an adversary proceeding does not fall within the federal courts’ exclusive section 1334(a) jurisdiction. Graber, 279 S.W.3d at 611. See also In re Middlesex Power Equip. & Marine, Inc., 292 F.3d 61, 67 (1st Cir.2002) (<HOLDING>). Here, Plaintiffs’ causes of action are based Options: A. holding that thirdparty nondebtor claims must directly affect the res of the bankruptcy estate B. holding that federal jurisdiction over rico claims is concurrent and not exclusive C. holding that bankruptcy court could not enjoin third party tort claims that would not affect estate D. holding that a bankruptcy court does not have exclusive jurisdiction over third party claims against nondebtor parties as such claims are not cases under title 11 E. holding that claims under 11 usc 362h must be brought in the bankruptcy court rather than in the district court which only has appellate jurisdiction over bankruptcy cases

assistant: The best answer is D. holding that a bankruptcy court does not have exclusive jurisdiction over third party claims against nondebtor parties as such claims are not cases under title 11
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 Award Agreement may be modified or amended at any time, in accordance with Section 15 of the Plan and provided that you must consent in writing to any modification that adversely and materially affects your rights or obligations under this Award Agreement (with such an affect being presumed to arise from a modification that would trigger a violation of Section 409A of the Code).

assistant: Modifications
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: Wittekind and the Company agree that, during the Consulting Period and for a period of five years thereafter, Wittekind will not directly or indirectly disparage the Company and the Company will cause its officers and directors not to directly or indirectly disparage Wittekind. Nothing in this Section 13 prevents the aforementioned parties from making truthful statements in any court proceeding or in response to any request for information from a governmental agency or pursuant to a proper subpoena.

assistant: Non-Disparagement
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 agrees not to commit any act or make any statement that is, or could reasonably be interpreted as, detrimental to the business, reputation, or good will of the Released Parties including disparaging or embarrassing the Released Parties or their officers, directors, agents, and/or other personnel or employees. Such acts or statements will be considered “Detrimental Activity” as that term is defined in the Equity and Cash Incentive Plans and may result in the cancellation and rescission of Awards under the Equity and Cash Incentive Plans.

assistant: Non-Disparagement