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 execution, delivery and performance by it of this Agreement, the Second Tier Agreement and the other Transaction Documents to which it is a party (i) are within its corporate or limited liability company powers, (ii) have been duly authorized by all necessary corporate or limited liability company action, (iii) require no action by or in respect of, or filing with, any Official Body or official thereof (except as contemplated by this Agreement, (iv) do not contravene or constitute a default under (A) its organizational documents, (B) any Law applicable to it, (C) any provision of any indenture, agreement or other instrument evidencing material Indebtedness to which it is a party or by which any of its property may be bound or (D) any order, writ, judgment, award, injunction, decree or other instrument binding on or affecting it or its property except , with respect to clauses (B) , (C) and (D) above, to the extent the contravention or default under such Law, contractual restriction, order, writ, judgment, award, injunction, decree or other instrument would not reasonably be expected to have a Material Adverse Effect, or (v) result in the creation or imposition of any Adverse Claim upon or with respect to its property (except as contemplated hereby).

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: academia.edu reserves the right , at its sole discretion , to discontinue or terminate the site and services and to terminate these terms , at any time and without prior notice .

assistant: Unilateral termination
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: these convictions in the ultimate computation of Brown’s sentence. Three points are added for each prior sentence of imprisonment exceeding one year and one month. There is no limit to the number of points that may be counted under this item.... A sentence imposed more than fifteen years prior to the defendant's commencement of the instant offense is not counted unless the defendant's incarceration extended into this fifteen year period. Brown has made no assertion that either his 1981 conviction or his 1985 conviction is invalid. It is incumbent upon the defendant to prove the invalidity of any prior convictions to prevent their use in the computation of criminal history. See U.S. v. Hoffman, 982 F.2d 187 (6th Cir.1992); also see United States v. Canales, 960 F.2d 1311 (5th Cir.1992) (<HOLDING>). This court thus finds here that the Options: A. holding that the defendant failed to carry his burden of proving the invalidity of the waivers of counsel for prior colorado convictions B. holding that a defendant may challenge the validity of prior convictions during a sentencing hearing and that the burden to establish invalidity is on the challenging party C. holding that when a defendant admits prior convictions at a habitual offender hearing he waives any complaints about the validity of the prior convictions D. holding that the burden is on the defendant when the validity of the warrant is challenged E. holding that the burden is on the plaintiff

assistant: The best answer is B. holding that a defendant may challenge the validity of prior convictions during a sentencing hearing and that the burden to establish invalidity is on the challenging party
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: you acknowledge and agree that , by accessing or using the site or services or by downloading or posting any content from or on the site or through the services , you are indicating that you have read , and that you understand and agree to be bound by , these terms , whether or not you have registered on or through the site .

assistant: Contract by using
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: Prior to any disbursement under the Loan, Borrower shall have delivered to Lender, true and exact copies of the current financial statements of the Borrower, the Bank and all other Subsidiaries, for the quarter ending March 31, 2016 and audit report and opinion of the Borrower’s independent accounting firm, with respect thereto (it being understood that Lender is relying upon such audit report and opinion in entering into this Loan Agreement), the unaudited financial statements of Borrower as of April 30, 2016 and the 2015 F.R. Y-6 Annual Report and F.R. Y-9 Parent Company only (and Consolidated, if applicable) financial statement(s) filed by Borrower with the Federal Reserve.

assistant: Financial Statements
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: Tenth Circuit’s judgment, concluding “despite Digital’s position that it holds a ‘right not to stand trial’ requiring protection by way of immediate appeal, that rights under private settlement agreements can be adequately vindicated on appeal from final judgment.” Id. at 869, 114 S.Ct. 1992. Digital attempted to frame its rights under the private settlement agreement — a broad defense to liability and right not to stand trial — as the equivalent of government officials’ qualified immunity or a criminal defendant’s double jeopardy protection, both of which the Supreme Court previously held provided grounds for interlocutory appeals under the collateral order doctrine. Id. at 869-71, 114 S.Ct. 1992; see also Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985) (<HOLDING>); Abney v. United States, 431 U.S. 651, 662, 97 Options: A. holding that order denying motion to dismiss a bankruptcy petition is final under 28 usc 1291 B. holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence C. holding that the rule 21 severance rendered the district court verdict a final and appealable judgment under 28 usc 1291 D. holding that a denial of a claim of qualified immunity is an appealable final decision E. holding that a district courts denial of a claim of qualified immunity to the extent that it turns on an issue of law is an appealable final decision within the meaning of 28 usc 1291 notwithstanding the absence of a final judgment

assistant: The best answer is E. holding that a district courts denial of a claim of qualified immunity to the extent that it turns on an issue of law is an appealable final decision within the meaning of 28 usc 1291 notwithstanding the absence of a final judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of any of the other witnesses. Thus, only a small, albeit important, portion of the testimony admitted at trial was erroneously admitted. Defendant calls to our attention several cases in which courts, when faced with similar situations, have found that the admission of expert testimony, in sexual abuse cases, which vouches for the credibility of other witnesses constitutes reversible or even plain error, and our own research has unearthed several other such cases. See, e.g., Whitted, 11 F.3d at 786-87 (plain error); United States v. Birdsall, 47 M.J. 404, 410 (C.A.A.F.1998); see also, e.g., Commonwealth v. Colin C, 419 Mass. 54, 643 N.E.2d 19, 23 (Mass.1994); State v. Gokey, 154 Vt. 129, 574 A.2d 766, 772 (Vt.1990). But see, e.g., Brown v. State, 523 So.2d 729, 730 (Fla.Ct.App.1988) (<HOLDING>); Commonwealth v. Rather, 37 Mass.App.Ct. 140, Options: A. holding doyle violations harmless where evidence of guilt overwhelming B. holding that prosecutorial misconduct was harmless in the face of overwhelming evidence of guilt C. holding that the admission of a family photo was harmless error in light of the overwhelming evidence in support of the conviction D. holding the error harmless in light of the overwhelming evidence of guilt E. holding improperly admitted evidence was harmless error given the overwhelming evidence of guilt

assistant: The best answer is D. holding the error harmless in light of the overwhelming evidence of guilt
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: for its summary judgment, the party challenging the order must show that each of the independent arguments alleged in the motion is insufficient to support the order. Hudiburg Chevrolet, Inc. v. Gen. Motors Corp., 114 S.W.3d 680, 684 (Tex.App.-Dallas 2003), modified, 199 S.W.3d 249 (Tex.2006); Williams v. City of Dallas, 53 S.W.3d 780, 784 (Tex.App.-Dallas 2001, no pet.). The reviewing court must affirm the summary judgment if any of the theories presented to the trial court each of contract if those damages are remote, contingent, speculative, or conjectural. City of Dallas v. Vills. of Forest Hills, L.P., Phase I, 931 S.W.2d 601, 605 (Tex.App.-Dallas 1996, no writ); see also Westech Eng’g, Inc. v. Clearwater Constructors, Inc., 835 S.W.2d 190, 205 (Tex.App.-Austin 1992, no writ) (<HOLDING>); A.B.F. Freight Sys., Inc. v. Austrian Import Options: A. holding that government claim seeking incidental and consequential damages for plaintiffs alleged breach of contract did not require certification B. holding that provision barring recovery of consequential damages did not necessarily bar all loss of use damages but damages for loss of use of money were consequential C. holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract D. holding that consequential damages are not to be considered E. holding that no recovery exists for speculative damages

assistant: The best answer is C. holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of evidence under Evid.Code, § 352 “designed for situations in which evidence of little evidentiary impact evokes an emotional bias”].) Based on the strong link between the gang-related evidence and the shooting of Terry and Witherow, the evidence was highly relevant to the issue of motive and thus, as the trial court concluded, more probative than prejudicial.” (Lodgment No. 4 at 6-8). 4. Findings and conclusion The Court concurs with the California Court of Appeal that the evidence in question was relevant to petitioner’s motive for shooting the victims. Accordingly, the admission of such evidence did not violate petitioner’s federal constitutional rights to due process and to a fair trial. See Estelle, supra; Jammal, supra; Windham v. Merkle, 163 F.3d 1092, 1103-04 (9th Cir. 1998) (<HOLDING>). The Court therefore finds and concludes that Options: A. holding other crimes evidence admissible to show motive where motive was put in issue by defense at trial B. holding that evidence of violent crimes and other illegal activities of defendants gang was not unduly prejudicial because defendant was not directly implicated and the evidence was probative of elements of the crimes that the defendant was charged with C. holding appellate counsel did not provide ineffective assistance of counsel by failing to appeal district courts decision to admit evidence that defendant was a member of a gang because gang membership was relevant to show motive and intent D. holding that evidence of gang involvement was properly admitted to prove motive for participating in the alleged crimes E. holding the district court properly admitted expert testimony on defendants active gang membership

assistant: The best answer is D. holding that evidence of gang involvement was properly admitted to prove motive for participating in the alleged crimes
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: July 14, 2010, awarding it damages of $150,000 and denying its claim for punitive damages. The judgment was entered following the jury’s award of $150,000 in damages to Edible Arrangements and the denial, by the district court in a memorandum decision entered May 25, 2010, of its motion for punitive damages. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal. “We review a district court’s decision not to award punitive damages for abuse of discretion.” Ragin v. Harry Macklowe Real Estate Co., 6 F.3d 898, 909 (2d Cir.1993) (citing McCann v. Coughlin, 698 F.2d 112, 127 (2d Cir.1983)). See also Browning-Ferris Indus. of Vt., Inc. v. Kelco Disposal, Inc., 492 U.S. 257, 279, 109 S.Ct. 2909, 106 L.Ed.2d 219 (1989) (<HOLDING>). Edible Arrangements’ claim that the district Options: A. holding that a court of appeals should review de novo a district courts determination of state law B. holding a court may not award punitive damages C. holding that courts of appeals should review all aspects of the district courts rule 11 determination for abuse of discretion and noting that the district court has broad discretion to impose rule 11 sanctions D. holding court of appeals should review district courts determination regarding punitive damages under abuseofdiscretion standard E. holding the abuseofdiscretion standard applied because the government did not request the heightened standard and we do not apply plainerror review unless a party asks

assistant: The best answer is D. holding court of appeals should review district courts determination regarding punitive damages under abuseofdiscretion standard
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: Notwithstanding anything herein to the contrary, if the Executive is a Specified Employee on the date of his Separation From Service, any payments or benefits hereunder that are deferred compensation subject to Section 409A, are payable upon his Separation From Service, and are not otherwise exempt from Section 409A, shall not be paid during the Waiting Period, and on the first business day following the expiration of the Waiting Period all payment and benefits that were payable during the Waiting Period will be paid to the Executive in a cash lump sum payment, without interest, and thereafter payments and benefits will be paid as provided herein.

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 case excerpt and choose the best holding from the options. Case excerpt: it merely requires them to consider each officer’s actions. 4 . Contrary to Plaintiffs’ contention, this argument is not waived. The officers have consistently urged the district court to consider their claims for qualified immunity individually. The district court’s opinion illustrates as much because it expressly denies the officers’ request to be considered separately. See Meadours, 2005 WL 1923596, at *6. 5 . Of course, if we were able to conclude that the officers' actions were objectively reasonable even under existing law and the facts alleged by the Plaintiffs, the dispute would not be material and they would be entitled to qualified immunity. See Kinney, 367 F.3d at 357. We cannot find that here. See Tennessee v. Garner, 471 U.S. 1, 11, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985) (<HOLDING>). We also note that Meadours was not a criminal Options: A. holding that an officer may use deadly force when a fleeing suspect threatens the officer with a weapon B. holding the use of deadly force is constitutionally permissible only if the officer has probable cause to believe that the suspect poses a threat of serious physical harm either to the officer or to others C. holding that an officer cannot use deadly force unless a suspect poses an imminent threat of serious physical harm D. recognizing that deadly force is only justified where a suspect poses an immediate threat E. holding officers decision to use deadly force to stop truck driver was not objectively unreasonable because officer believed driver posed an imminent threat of serious physical harm to the officers in the pursuit as well as other innocent motorists

assistant: The best answer is C. holding that an officer cannot use deadly force unless a suspect poses an imminent threat of serious physical harm
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: performance of a land sale contract permits the. landowner to freely dispose of the land prior to appellate review, thereby potentially leaving the plaintiff with no adequate remedy on appeal because, due to the uniqueness of all land, monetary damages are an inadequate remedy). We, therefore, grant the petition and quash the order on review. , Florida law has long recognized the use of specific performance' to enforce contracts for the sale of homestead property. See Koplon v. Smith, 271 So.2d 762, 763 (Fla.1972) (explaining that while two witnesses are required to obtain specific performance of a contract to sell a homestead, there is no similar requirement to specifically perform a contract to sell non-homestead property); Scott v. Hotel Martinique, 48 So.2d 160, 161 (Fla.1950) (<HOLDING>); Westerberg v. Nininger, 149 Fla. 528, 6 So.2d Options: A. holding that property held by husband and wife in tenancy by entirety is exempt from attachment or execution for the sole debts of husband B. holding that regardless of whether the property was held as tenants in common or by the entirety the husband was entitled to hold property as a homestead C. holding that a contract for the sale of homestead property may be specifically enforcedif thecontract has been jointly executed by the husband and wife in the presence of two subscribing witnesses D. holding that the general homestead exemption may not be invoked to defeat claims against the holder for taxes and assessments against the homestead property E. holding that even if divorced wife only owned a beneficial interest and not title interest in the residence constituting her homestead she was nonetheless entitled to claim a homestead exemption from the forced sale of the property

assistant: The best answer is C. holding that a contract for the sale of homestead property may be specifically enforcedif thecontract has been jointly executed by the husband and wife in the presence of two subscribing witnesses
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 Credit Parties hereby indemnify each of the Lenders against any loss or expense (including any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain a LIBOR Rate Loan or from fees payable to terminate the deposits from which such funds were obtained) which may arise or be attributable to each Lender’s obtaining, liquidating or employing deposits or other funds acquired to effect, fund or maintain any Loan (a) as a consequence of any failure by the Borrowers to make any payment when due of any amount due hereunder in connection with a LIBOR Rate Loan, (b) due to any failure of the Borrowers to borrow, continue or convert on a date specified therefor in a Notice of Borrowing or Notice of Conversion/Continuation or (c) due to any payment, prepayment or conversion of any LIBOR Rate Loan on a date other than the last day of the Interest Period therefor. The amount of such loss or expense shall be determined, in the applicable Lender’s sole discretion, based upon the assumption that such Lender funded its Commitment Percentage of the LIBOR Rate Loans in the London interbank market and using any reasonable attribution or averaging methods which such Lender deems appropriate and practical. A certificate of such Lender setting forth the basis for determining such amount or amounts necessary to compensate such Lender shall be forwarded to the Parent through the Administrative Agent and shall be conclusively presumed to be correct save for manifest error.

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: Except as disclosed to Buyer, there is no Proceeding pending or, to Federated’s actual knowledge, threatened, against Federated, Passport or its Affiliates in, by or before any Governmental Body that would reasonably be expected to result in a Material Adverse Change with respect to Federated, Passport or the EJMMF. None Federated, Passport nor the EJMFF is subject to any order, ruling or similar restriction of any Governmental Body directed to or against it as a result of or in connection with Federated, Passport or the EJMMF, or Federated’s or Passport’s management of the EJMFF as now conducted or conducted within the past five (5) years, which would reasonably be expected to result in a Material Adverse Change with respect to Federated, Passport or the EJMMF, and except for any Proceeding that is no longer pending, no Governmental Body has at any time commenced or given notice of intention to commence any investigation directed to or against Federated, Passport or the EJMMF that would reasonably be expected to lead to the issuance of any such order, ruling or similar restriction.

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: parties, and one cannot be required to submit to arbitration a dispute which it has not agreed to submit to arbitration.” Simon v. Pfizer Inc., 398 F.3d 765, 775 (6th Cir.2005) (citations omitted). Keeping these countervailing principles in mind, this court has held that in deciding whether an issue is within the scope of an arbitration agreement courts should “ask if an action could be maintained without reference to the contract or relationship at issue. If it could, it is likely outside the scope of the arbitration agreement.” Fazio v. Lehman Bros., Inc., 340 F.3d 386, 395 (6th Cir.2003). This court has applied this method to determine whether particular torts or challenges to the validity of the contract itself are within an arbitration clause. See, e.g., Fazio, 340 F.3d at 395-96 (<HOLDING>); Highlands Wellmont, 350 F.3d at 576-77 Options: A. holding that when an arbitration clause has provisions that defeat the remedial purpose of the statute the arbitration clause is not enforceable and that the language insulating an employer from damages and equitable relief renders the clause unenforceable B. holding an entire arbitration clause is void and arbitration cannot be compelled where contract contained unconscionable clause and has a nonseverability clause C. holding that there was no conflict between a contracts arbitration clause and its venue clause D. holding that the best way to harmonize a choice of law clause and an arbitration clause is to apply the substantive case law of the named state to the entire agreement including the arbitration clause E. holding that alleged theft of funds is within arbitration clause

assistant: The best answer is E. holding that alleged theft of funds is within arbitration clause
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: not render the prior incident reports inadmissible. Shari had dropped her punitive-damage claim against Petersen. Shari’s claims concerned only the Walgreen pharmacy on Ingersoll itself, and not the willful and wanton conduct of any one particular employee. Shari clearly established proper foundation for admitting the incident reports. All the reports dealt with misfilling incidents that occurred at the Walgreen pharmacy on Ingersoll. See Oberreuter v. Orion Indus., Inc., 398 N.W.2d 206, 211 (Iowa App.1986) (noting that “Iowa cases in which evidence of similar accidents was admissible involved accidents at the same location as plaintiffs’ injury”). Moreover, most of the incidents occurred within a short, three-year period preceding the incident in question. See Harco, 669 So.2d at 881 (<HOLDING>); see also Lovick, 588 N.W.2d at 697 n. 5 Options: A. holding that three denied promotions over the course of three years where the decisions were made by three different selection officials and involved different qualifications were not sufficiently related to constitute a continuing violation B. holding that a complaint filed within three years of an accident complied with the michigan court rules and was not barred by the statute of limitations even though service was made more than three years after the accident C. holding that new york statute of limitations for 1983 actions was three years D. holding as relevant incident reports prepared by defendants employees within three years of the error in filling plaintiffs prescriptions E. holding that under arkansas law maximum duration of noncompete clause incident to employment agreement is three years

assistant: The best answer is D. holding as relevant incident reports prepared by defendants employees within three years of the error in filling plaintiffs prescriptions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the first part of MCL 600.5851(7) establishes a specific time in which a person under the age of eight must file a claim, with Miller, supra at 202, which defines a statute of limitations as a statute requiring a person to bring a claim within a specified time. In other words, statutes like MCL 600.5851(1) and MCL 600.5852 contain language that “saves” a claim that may otherwise be barred, while the language within MCL 600.5851(7) “gives” two distinct periods in which this particular class of claimants may file suit. Thus, the plain language of MCL 600.5851(7) provides an alternative limitations period (the tenth-birthday rule) that, depending on the facts of a particular case, may provide a plaintiff with more time than the “general” two-year period to sue. Miller, supra at 202 (<HOLDING>). Key to this conclusion is both that the Options: A. holding that duration of limitation is a factor in determining whether limitation is significant B. holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law C. holding that limitation period begins to run at the time of the breach D. holding that the discovery rule within mcl 6005838a2 is an alternative to the other periods of limitation and it is itself a period of limitation E. recognizing that a principal may limit the authority of its agent and such limitation will be binding on a third party who is aware of the limitation

assistant: The best answer is D. holding that the discovery rule within mcl 6005838a2 is an alternative to the other periods of limitation and it is itself a period of limitation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, the Executive shall be entitled to paid vacation and holidays in accordance with the Company’s policies applicable to senior executives of the Company, provided that the Executive shall be entitled to paid vacation of no less than four (4) weeks for each full Fiscal Year during the Term. Any vacation shall be taken at the reasonable and mutual convenience of the Company and the Executive.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be signed in two counterparts, each shall be deemed an original and both of which shall together constitute one agreement. The parties hereto agree to accept a facsimile transmission copy of their respective actual signatures as evidence of their actual signatures to this Agreement and any modification or amendment of this Agreement; provided, however, that each party who produces a facsimile signature agrees, by the express terms hereof, to place, promptly after transmission of his or her signature by fax, a true and correct original copy of his or her signature in overnight mail to the address of the other party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that foster parents have standing under federal law to raise foster child’s rights). We should join the growing number of our sister jurisdictions who have conferred standing to be heard to foster parents in proceedings related to children that have been in their care. Some states, such as Delaware, Nebraska, South Carolina, and West Virginia have conferred standing to foster parents via judicial decision. See In re C.M.D., 256 A.2d 266 (Del.1969)(deciding that foster parents had standing to petition Family Court for custody of foster child); In re Jorius G., 249 Neb. 892, 546 N.W.2d 796 (1996)(finding that foster parents had standing to contest agency’s removal of foster child); Gñ'eenville County Department of Social Services v. Bowes, 313 S.C. 188, 437 S.E.2d 107 (1993)(<HOLDING>); In re Harley G, 203 W.Va. 594, 509 S.E.2d 875 Options: A. recognizing that the department is required to present clear and convincing evidence to support termination of a parents parental rights B. holding that natural parents could not lose parental rights to foster parents where the foster agreement contemplates a surrender of custody for only a temporary period of time C. holding that foster parents have standing to intervene to seek termination of parental rights D. holding foster parents not liable for willful act of their foster child E. recognizing emotional bond between foster parents and child although ultimately determining foster parents did not have rights of parents in dependency action under chapter 2644 rcw

assistant: The best answer is C. holding that foster parents have standing to intervene to seek termination of parental rights
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Sweeny site, Union Pacific’s contract mowers never came to mow the tall grass and weeds that surrounded the track and equipment. Dr. Murray testified that the mosquitoes that are most responsible for the transmission of West Nile virus—Culex mosquitoes— nest in dark, damp places. She also testified that they can nest in high grass and weeds. Dr. Murray testified that although the Culex mosquito typically lies dormant in the heat of the day, “if it’s disturbed in the heat[,] it would probably leave its resting place.” In short, there was evidence that the tamper’s state of disrepair allowed mosquitoes to both enter and/or nest in the cab. The high grass and weeds at the worksite, which were .never mowed in the four months that Nami’s crew wo , (Tex.App.Houston [1st Dist.] 2007, no pet.) (<HOLDING>). Nami’s case is clearly distinguishable. Options: A. holding that a grocery store employer had no duty to warn an employee that placing his hand in the doorjamb of a customers car is an obvious danger B. holding that a restaurant supply employer had no duty to warn a delivery truck driver employee of the danger associated with water on a floor because that is a commonly known hazard and obvious to everyone C. holding that an organization had no duty to warn of potential danger from sexual abuse of one of its volunteers where injured child was not associated with organizations programs D. holding there is no duty to warn of risks obvious to the average user of the product E. holding danger was so open and obvious to plaintiff that as a matter of law he knew or should have known of danger

assistant: The best answer is B. holding that a restaurant supply employer had no duty to warn a delivery truck driver employee of the danger associated with water on a floor because that is a commonly known hazard and obvious to everyone
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the provision to his situation. This is in part due to judicial economy, and in part due to the need for a well developed record including appropriate findings of fact in order for a court to decide whether a particular provision had been applied to specific facts. Federal Trade Commission v. Standard Oil Co. of California, 449 U.S. [232], 239-245, 101 S.Ct. [488], 493-496, 66 L.Ed.2d 416. Id. at 488. Courts have applied this general rule when dealing with arbitration under 29 U.S.C. § 1401. See Terson Company, Inc. v. Bakery Drivers and Salesmen Local 194, 739 F.2d 118, 121 (3d Cir.1984) (The basis of Terson’s as applied challenge is not apparent from the published decision.); Republic Industries, Inc. v. Central Pennsylvania Teamsters Pension Fund, 693 F.2d 290, 296 (3d Cir.1982) (<HOLDING>); See also, Republic Industries, Inc. v. Options: A. holding that in deciding on a facial constitutional challenge it is improper to consider only limited hypothetical applications B. recognizing that courts should exercise judicial restraint in a facial challenge C. holding that exhaustion of arbitration procedure is not necessary before the district court could consider a facial constitutional challenge D. holding that taxpayer was still required to go through tax refund procedure despite facial constitutional challenge to state intangibles tax E. holding a new constitutional challenge not raised in district court was not properly before court of appeals

assistant: The best answer is C. holding that exhaustion of arbitration procedure is not necessary before the district court could consider a facial constitutional challenge
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: By an assumption agreement in Form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that naturally follow from the relationship are inherently in the natural parents. Hawk, 855 S.W.2d at 578 (quoting In re Knott, 138 Tenn. 349, 355, 197 S.W. 1097, 1098 (1917)). A parent has a right to “childrearing autonomy” unless and until a showing is made of “a substantial danger of harm to the child.” Id. at 579. It is readily apparent to us that “childrearing autonomy” encompasses control of a 2 1/2-year-old child’s access to the telephone, including to whom the child speaks and when the child speaks and under what conditions the child speaks. We are also inclined to agree with the trial court that as to a 2 1/2-year-old, this right is “unrestricted.” We are not, by this opinion, painting a bright line as to age. See Cardwell v. Bechtol, 724 S.W.2d 739, 744-45 (Tenn.1987)(<HOLDING>). Since 2 1/2 is obviously an age at which a Options: A. holding that adea plaintiff had failed to make a prima facie case of age discrimination when he was replaced by someone only two years younger and within the protected age group and there was no other evidence of age discriminatory motive B. recognizing varying degrees of maturity and that normally a child under age seven has no capacity to consent C. holding that against her will in the rape statute means without her consent and that the fact that the victim was under the age of consent was sufficient to establish that element D. recognizing the boards seven criteria E. holding there is no consent as a matter of law where the consent was given under coercion

assistant: The best answer is B. recognizing varying degrees of maturity and that normally a child under age seven has no capacity to consent
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: as an alternative to the federal exemptions set forth in the Bankruptcy Code? It is not unreasonable to expect that the state’s policy judgment will be set forth with sufficient clarity to permit the bankruptcy court administering the estate to identify the state exemptions with reasonable certainty. While state courts frequently refer to statutes which prohibit only certain forms of judicial process as “exemption” statutes, the term “exemption” “conventionally connotes protection against all forms of pro-cess_” William T. Vukowich, Debtors’ Exemption Rights, 62 Geo.L.J. 779, 816 (1974). Therefore, it is appropriate, in our view, to give the word its common meaning in the absence of any legislative indication to the contrary. See, e.g., Scarlett v. Barnes, 121 B.R. 578 (W.D.Mo.1990) (<HOLDING>). This approach not only provides us with the Options: A. holding in the absence of definitive state authority under missouri law a cause of action is not exempt unless immune from all types of judicial process B. recognizing the cause of action C. holding state immune from suit brought in state court D. holding that if an individual is possessed of state authority and purports to act under that authority his action is state action E. holding that proceeds of a personal injury settlement are not exempt under missouri law

assistant: The best answer is A. holding in the absence of definitive state authority under missouri law a cause of action is not exempt unless immune from all types of judicial process
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may not be amended or modified except by written agreement signed by you and Delta; provided , however , you acknowledge and agree that Delta may unilaterally amend the clawback provision set forth in Section 2(h) of this Agreement to the extent required to be in compliance with any applicable law or regulation or Delta’s internal clawback policy, as it may be amended from time to time.

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 legal provision and list the applicable contract clause categories. Provision: The Executive will promptly inform the Company of any Creations he conceives or develops during the Term. The Executive shall (whether during his employment or after the termination of his employment) execute such written instruments and do other such acts as may be necessary in the opinion of the Company or its counsel to secure the Company’s rights in the Creations, including obtaining a patent, registering a copyright, or otherwise (and the Executive hereby irrevocably appoints the Company and any of its officers as his attorney in fact to undertake such acts in his name). The Executive’s obligation to execute written instruments and otherwise assist the Company in securing its rights in the Creations will continue after the termination of his employment for any reason, the Company shall reimburse the Executive for any out-of-pocket expenses (but not attorneys’ fees) he incurs in connection with his compliance with this Section 9 (c).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of Sections 1.3 through 1.5 (inclusive) of the Purchase and Sale Agreement are incorporated into this Agreement as though set out in full herein, mutatis mutandis , with references to “Seller” being interpreted as references to SEARS and references to “Purchaser” being interpreted as references to STANLEY.

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 legal provision and list the applicable contract clause categories. Provision: The respective representations, warranties, agreements, covenants, indemnities and other statements of the Company, the Guarantors, their respective officers, and the several Initial Purchasers set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of the Company, the Guarantors, their respective officers or directors or any controlling person referred to in Section 8 hereof or any Initial Purchaser, its affiliates, directors, officers and controlling persons and (ii) delivery of and payment for the Notes. The respective agreements, covenants, indemnities and other statements set forth in Sections 5, 8, 9, 13, 14, 15 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation 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 legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in this Service Agreement (including the limitation of liability provisions in this Article VI ), each Party shall indemnify, defend and hold harmless the other Party from and against any Liability arising out of the intentional breach hereunder or gross negligence of the Indemnifying Party or its Affiliates, employees, agents, or contractors (including with respect to the performance or nonperformance of any Service hereunder).

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: None of the representations and warranties made by Purchaser, nor any statement made in any schedule, exhibit, certificate or other document furnished to the Seller as stated or provided for in this Agreement, contains, or will contain, any untrue statement of a material fact, or omits, or will omit, to state any material fact necessary in order to make the statements contained herein not misleading. All representations and warranties of Purchaser contained herein shall be true on and as of the Execution Date and the Closing Date, with the same effect as if made on and as of the Closing Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Borrower, and each other Obligor, agrees that at any time and from time to time, at the expense of the Borrower or such other Obligor, it will promptly execute and deliver all further instruments and documents, and take all further action that may be reasonably necessary, or that the Administrative Agent may reasonably require, to perfect and protect any Lien granted or purported to be granted hereby or by the other Credit Documents, or to enable the Security Agent to exercise and enforce its rights and remedies with respect to any Collateral. Without limiting the generality of the foregoing, the Borrower will execute, if required, and file, or cause to be filed, such financing or continuation statements under the UCC (or any non-U.S. equivalent thereto), or amendments thereto, such amendments or supplements to the Collateral Vessel Mortgages (including any amendments required to maintain Liens granted by such Collateral Vessel Mortgages), and such other instruments or notices, as may be reasonably necessary, or that the Administrative Agent may reasonably require, to protect and preserve the Liens granted or purported to be granted hereby and by the other Credit Documents.

assistant: Further Assurances