flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to (redundant) unpromulgated rules. Persuaded that the challenged memoranda should be treated under our cases as unpro-mulgated rules, I concur in affirming the final order entered by the administrative law judge in No. 97-255, on the ground that the administrative law judge properly applied section 120.535, Florida Statutes (1995). The challengers’ standing has not been called into question. I also concur in reversing the award of costs and fees in No. 97-3937. I do so, however, on the basis that the invalidated rule amendment was proposed before October 1, 1996, the date on which section 120.595(2), Florida Statutes (Supp.1996), took effect. Ch. 96-159, § 44, at 213, Laws of Fla. Cf. Security Mut. Life Ins. Co. of Lincoln, Neb. v. Department of Ins., 707 So.2d 929 (Fla. 1st DCA 1998) (<HOLDING>); accord Aventura Hosp. and Med. Ctr. v. Agency Options: A. holding that 14 prohibits the awarding of costs against the state as a defendant B. holding that defendants bank account and open line of credit in florida utilized to transfer money in international commerce was insufficient to confer jurisdiction under section 481932 florida statutes where defendant operated its business in honduras had no employees or agents in florida and did not advertise or solicit business in florida C. holding that section 1205954 florida statutes supp 1996 requires awarding fees and costs in the event of a successful challenge to an unpromulgated rule that persisted beyond october 1 1996 D. recognizing that an award of temporary attorneys fees and costs is based on an assessment of need and ability to pay as well as the reasonableness of the fees and costs E. holding defendant had requisite contacts under section 481932 florida statutes where it solicited consulting and other services from a florida corporation in which a substantial amount of the services sought by defendant were performed in florida

assistant: The best answer is C. holding that section 1205954 florida statutes supp 1996 requires awarding fees and costs in the event of a successful challenge to an unpromulgated rule that persisted beyond october 1 1996
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: validity and enforceability of the agreement, which, among its provisions, “require[d] the husband to pay for and maintain certain life insurance policies on his life until the youngest child becomes 23 and to name a trust for the benefit of the children as beneficiary of these policies.” Id. at 653-54, 203 S.E.2d at 125. A payment from an insurance company, a third party, upon the death of the husband is not a support payment from the estate of the husband. Furthermore, as earlier noted, this was a valid court-approved agreement between the parties that was consistent with the public policy favoring voluntary resolution of disputes concerning maintenance and support. See Morris, 216 Va. at 459, 219 S.E.2d at 867. See also Cutshaw v. Cutshaw, 220 Va. 638, 641, 261 S.E.2d 52, 54 (1979) (<HOLDING>). Accordingly, we hold that the trial judge Options: A. holding that the trial court had authority to enforce a marital property settlement agreement that had not been incorporated into the parties final divorce decree B. recognizing a divorce decree which incorporates a property settlement agreement is a final and conclusive adjudication C. holding that the jurisdiction of the divorce court with regard to support and maintenance is statutorily determined unless otherwise provided by agreement incorporated into the divorce decree D. holding that the family court lacked subject matter jurisdiction to hold a party in contempt where the separation agreement was incorporated but not merged into a divorce decree E. holding that the trial judge had the power to incorporate a settlement agreement in a decree following the entry of a decree of divorce

assistant: The best answer is C. holding that the jurisdiction of the divorce court with regard to support and maintenance is statutorily determined unless otherwise provided by agreement incorporated into the divorce decree
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: policy at issue failed to provide the coverage for “uninsured motor vehicles” mandated by law); Hall v. Arnica Mut. Ins. Co., 588 Pa. 337, 342-343, 648 A.2d 755, 758 (1994) (finding that the trial court possessed the authority to review an arbitration award which was based upon a declaration that the te ein, 453 Pa.Super. 227, 683 A.2d 683, 685 (1996) (stating that the trial court lacked the authority to review a claim that policy provisions were contrary to a legislative mandate where the arbitrators’ award did not state that it found any provision con trary to statute and the appellant could not demonstrate the actual basis for the arbitrators’ decision); Nealy v. State Farm, Mut. Auto. Ins. Co., 695 A.2d 790, 792 (Pa.Super.1997), appeal denied, 553 Pa. 690, 717 A.2d 1028 (1998) (<HOLDING>). ¶ 12 Appellee sought arbitration, in the Options: A. holding that an arbitration award involving the appellants challenge to the failure of the insurance company to ensure that he had read and understood a signed waiver and to attach the waiver to the insurance policy as contrary to public policy is not reviewable by the courts because there is no challenge to a provision or term of the policy the appellant never claimed that the waiver or policy language itself was contrary to the public policy of this commonwealth B. holding that an arbitration award based on the conclusion that unappended waiver forms are unenforceable pursuant to public policy is not reviewable by the courts because as stated in schultz it is not based on an allegation that a specific provision in an insurance policy contravenes public policy C. holding that a dispute arising out of an insurance policy was not covered by the arbitration provision in the parties separate premium payment agreement because if the party had intended to subject this dispute to the arbitration provision it could easily clearly and unequivocally have done so either by including an arbitration provision in the insurance policy itself or by adding to the above arbitration provision D. holding that under minnesota law an insurance policy or provision not filed with the commissioner of insurance is unenforceable E. holding that the trial court not the arbitrator must decide a challenge to an arbitration provision based on public policy

assistant: The best answer is B. holding that an arbitration award based on the conclusion that unappended waiver forms are unenforceable pursuant to public policy is not reviewable by the courts because as stated in schultz it is not based on an allegation that a specific provision in an insurance policy contravenes public policy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions of this Agreement, at the Closing, Purchaser shall purchase and acquire from Seller, and Seller shall sell, assign, transfer and deliver to Purchaser, the Purchased Shares, free and clear of any liens, security interests, pledges or other encumbrances (collectively “ Liens ”) other than restrictions (a) provided for under applicable securities laws and (b) set forth in the Investors’ Rights Agreement by and among the Company, Seller and JCP Realty Partners, LLC, dated July 24, 2014 (the “ Investors’ Rights Agreement ”), for an aggregate purchase price of Twenty Five Million Two Hundred Seventy Thousand Dollars and No Cents ($25,270,000.00) (the “ Purchase Price ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Borrower or Guarantor or, to Borrower’s knowledge, any other Person within the Borrowing Group is: (a) a Sanctioned Person; (b) controlled by or acting on behalf of a Sanctioned Person; or (c) under investigation for an alleged breach of Sanction(s) by a governmental authority that enforces Sanctions.

assistant: Sanctions
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: without including a message of their own. “[T]here are commonsense differences between speech that does no more than propose a commercial transaction and other varieties.” Va. State Bd. of Pharmacy v. Va. Citizens Consumer Council, Inc., 425 U.S. 748, 771 n. 24, 96 S.Ct. 1817, 48 L.Ed.2d 346 (1976) (quotations and citation omitted). Common sense dictates that the use of images of Plaintiff Bosley to sell video tapes, website memberships, or defendants’ other wares, at most, constitute commercial speech. The Supreme Court has noted that “advertising which ‘links a product to a cur rent public debate’ is not thereby entitled to the constitutional protection afforded noncommercial speech.” Bolger v. Youngs Drug Products Corp., 463 U.S. 60, 67-68, 103 S.Ct. 2875, 77 L.Ed.2d 469 (1983) (<HOLDING>) “Thus, it seems that the Supreme Court will Options: A. holding that statute reaching beyond purely commercial speech to chill fully protected speech can merit application of the overbreadth doctrine B. holding that information pamphlets are properly characterized as commercial speech C. holding that first amendment protections apply to compelled speech as well as restrictions on speech D. recognizing that noncommercial speech is accorded greater protection under the first amendment than is commercial speech and striking down ordinance that imposed a greater restriction on political than on commercial billboards E. recognizing that code is speech

assistant: The best answer is B. holding that information pamphlets are properly characterized as commercial 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: protected conduct, and that such action (4) chilled the inmate’s exercise of his First Amendment rights, and (5) the action did not reasonably advance a legitimate correctional goal. Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir.2005). The First Amendment guarantees a prisoner a right to seek redress of grievances from prison authorities and as well as a right of meaningful access to the courts. Bradley v. Hall, 64 F.3d 1276, 1279 (9th Cir.1995); see also Hasan v. U.S. Dep’t of Labor, 400 F.3d 1001, 1005 (7th Cir.2005) (“Prisoners’ grievances, unless frivolous ..., concerning the conditions in which they are being confined are deemed petitions for redress of grievances and thus are protected by the First Amendment.”); Wolfel v. Bates, 707 F.2d 932, 934 (6th Cir.1983) (per curiam) (<HOLDING>). Accordingly, Jones’s complaints of Options: A. recognizing first amendment retaliation right B. holding that administrative remedies are unavailable if prison officials fail to respond to prisoners grievances C. recognizing that prisoners undoubtedly exercise first amendment petition right when filing grievances and stating that prison officials may not retaliate against prisoners for filing grievances D. holding that an inmate has a first amendment right to file grievances against prison officials E. recognizing prisoners first amendment right to eom plain to prison officials about discrimination

assistant: The best answer is E. recognizing prisoners first amendment right to eom plain to prison officials about discrimination
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, each Party shall promptly report in writing to the other Party any known or suspected infringement of any Enumeral IP, or any unauthorized use or misappropriation of any Enumeral Know-How (each, an “Infringement”), of which such Party becomes aware, and shall provide the other Party with all available evidence supporting such knowledge or suspicion.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT SHALL, IN ACCORDANCE WITH SECTION 5-1401 OF THE GENERAL OBLIGATIONS LAW OF THE STATE OF NEW YORK, BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ANY CONFLICTS OF LAW PRINCIPLES THEREOF THAT WOULD CALL FOR THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 12.00. The regulations further provide that in cases where the nature of the individual’s intellectual impairment is such that standardized intelligence tests are precluded, then medical reports specifically describing the level of intellectual function should be obtained. Id. Here, there is no evidence or reason to believe that plaintiff’s impairments preclude standardized intelligence testing. In light of the Secretary’s regulations, such a test should have been administered to plaintiff. Here again, however, the Secretary seeks to avoid this result by shifting the burden to plaintiff. The Secretary asserts that plaintiff had an opportunity to provide evidence of mental retardation, but failed to do so. See Willis v. Secretary of Health and Human Services, 727 F.2d 551 (6th Cir.1984) (<HOLDING>). The Secretary points out that at the close of Options: A. holding jurisdiction available only under 405g B. holding that 42 usc 405g limits the district courts discretion to remand for reconsideration in light of new evidence C. holding a district court remanding a case pursuant to sentence four of 405g must order judgment in the case and may not retain jurisdiction over the ad ministrative proceedings on remand D. holding that a state is not a person under 42 usc 1983 E. holding that a sentence four remand under 42 usc 405g is a final appealable decision and that a party who wins a remand under sentence four is a prevailing party for purposes of the eaja

assistant: The best answer is B. holding that 42 usc 405g limits the district courts discretion to remand for reconsideration in light of new evidence
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 of Executive’s employment under this Agreement, Executive will be entitled to take four weeks of paid vacation per calendar year as well as sick leave consistent with the Company’s policy in effect at the time. Executive will not take vacations at times or in amounts that would materially affect Executive’s ability to perform his work duties. Up to 15 days of Executive’s paid vacation may be rolled over each year. Executive will be entitled to payment for any unused vacation days upon termination of Executive’s employment with Company.

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: and cash advances he made, plus interest. See Dulong, 261 S.W.3d at 894; see also Butler, 2009 WL 402329, at *3. Thus, the evidence presented by Citibank establishes its right to summary judgment as a matter of law. McFarland raises no fact issues that would preclude summary judgment. Tex. Workers’ Comp. Ins. Fund v. Simon, 980 S.W.2d 730, 733 (Tex.App.-San Antonio 1998, no pet.) (citing City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex.1979)). McFarland has not presented any evidence suggesting a different amount is owed. Based on the series of transactions reflected on the account statements, we conclude Citibank established that McFarland agreed to the full amount shown on the statements and impliedly promised to pay the indebtedness. See Dulong, 261 S.W.3d at 894 (<HOLDING>). Application of Account Stated Cause of Action Options: A. holding promise to indemnify for credit card debts to be nondischargeable support obligation in part because if the spouse were to pay the credit card and attorneys fee debts from this monthly income her ability to meet the regular monthly family expenses would be severely impaired B. holding that court of appeals erred by rendering judgment for full amount of attorneys fees sought after reversing 0 fee award because jury awarded less in damages than amount sought and therefore uncontroverted attorney testimony on amount of attorneys fees did not establish amount of reasonable and necessary fees as a matter of law C. holding under almost identical facts that it was reasonable to infer that eredit card holder agreed to full amount shown on statements and impliedly promised to pay indebtedness D. holding to the effect that section 24 fifth has been impliedly amended by title vii E. holding that the use of convenience checks drawn on a credit card account to pay a debt owed on another credit card was a preferential transfer subject to avoidance because the new lender did not direct or require the loaned funds to be paid to mbna and the debtor could have used the borrowed funds to purchase assets instead of paying the mbna debt

assistant: The best answer is C. holding under almost identical facts that it was reasonable to infer that eredit card holder agreed to full amount shown on statements and impliedly promised to pay indebtedness
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 Borrower hereby (a) confirms that all of the representations and warranties set forth in the Credit Agreement are true and correct with respect to such Borrower as of the date hereof, and (b) covenants to perform its respective obligations under the Credit Agreement. Each Borrower confirms and agrees that all security interests and Liens granted to Agent continue in full force and effect, and all Collateral remains free and clear of any Liens, other than those granted to Agent and Permitted Liens. Nothing herein is intended to impair or limit the validity, priority or extent of Agent’s security interests in and Liens on the Collateral.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice, consent, request, or other communication made or given in accordance with this Agreement shall be in writing and shall be deemed to have been duly given (x) in the case of personal delivery, when actually received, (y) in the case of delivery by email or telecopy, on the date of such delivery or, (z) if mailed, three (3) days after mailing by registered or certified mail, return receipt requested, or one (1) business day after mailing by a nationally recognized express mail delivery service, with instructions for next-day delivery, addressed to his residence in the case of the Executive and/or to the Company’s General Counsel, Chief Legal Officer and Secretary, with a copy to, or at such other address or person’s attention as each may specify by notice to the other. Executive hereby agrees to promptly provide the Company with written notice of any change in Executive’s address for as long as this Agreement remains in effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “the facts necessary to state a claim for relief.” Gray, 518 U.S. at 162-63, 116 S.Ct. 2074. First, Davis stated that he “was denied his due process rights under Wolff ... to have witness [sic.].” Second, he stated that he was charged with battery of a non-inmate. And, third, if the state court had simply cite checked the case, the statute, and the regulation provided in Davis’ petition, and read those sources in conjunction with the rest of his state habeas petition, the legal theory and operative facts would have become clear: Davis was charged with assaulting a non-prisoner, a disciplinary hearing took place to deny him good-time credits, and, at that hearing, he was denied a witness in violation of his due process rights under Wolff. Compare Baldwin, 541 U.S. at 33, 124 S.Ct. 1347 (<HOLDING>). CONCLUSION By reading Davis’ pro se state Options: A. holding that utility customers mailing of a petition did not constitute the filing of the petition as filing was not effectuated until the petition was received by the clerk B. holding a petition unexhausted because the petition provides no citation of any case that might have alerted the court to the alleged federal nature of the claim and the petition does not contain a factual description supporting the claim citations omitted C. holding that the pendency of a petitioners federal habeas corpus petition does not divest a trial court of jurisdiction to address a pcra petition D. holding that a 2255 petition seeking only reinstatement of the right to a direct appeal does not render any later petition a second or successive petition under the aedpa E. holding that when a respondent fails to challenge factual allegations contained in a petition for the writ of mandamus the appellate court accepts as true the factual statements in the petition

assistant: The best answer is B. holding a petition unexhausted because the petition provides no citation of any case that might have alerted the court to the alleged federal nature of the claim and the petition does not contain a factual description supporting the claim citations omitted
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: exhibits; a statement of defendant, undisclosed in discovery, was elicited by the State; and exclusion of testimony concerning Gas Company records was in error as defendant was prevented from developing a defense. A point raised but not argued or supported by citation to relevant authority fails to satisfy the requirements of Supreme Court Rule 341(e)(7) and is therefore waived. (Felella, 131 Ill. 2d at 540; Brown v. Tenney (1988), 125 Ill. 2d 348.) Accordingly, we deem these matters waived, as defendant cites to neither authority, nor in some instances, relevant portions of the record. As previously discussed, we find no substantial trial error and are unwilling to reverse even though the evidence against defendant is circumstantial. See People v. Williams (1968), 40 Ill. 2d 522 (<HOLDING>). V Double Jury Procedure Defendant argues that Options: A. holding that prosecutorial error does not warrant reversal unless substantial prejudice results B. holding that retrial did not violate the double jeopardy clause where reversal based on trial error distinguishing reversal for insufficient evidence C. holding circumstantial evidence has equivalent standing to direct evidence in criminal prosecution D. holding that motive is circumstantial evidence of intent E. holding reversal unwarranted in circumstantial evidence case absent substantial trial error

assistant: The best answer is E. holding reversal unwarranted in circumstantial evidence case absent substantial trial error
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 record supports the district court’s finding that Corwell was informed of her limited right of appeal. Although the district court did not discuss the limited right of appeal with Corwell during the plea colloquy, Cornell's plea affidavit adequately described the limits on her right of appeal when it informed her that she would waive her right to appeal her conviction if she pleaded guilty. The district court properly incorporated this affidavit into the record when it questioned Corwell as to whether she had sufficient time to read the affidavit and whether she understood her rights as explained in that document. We accordingly hold that the record supports the district court’s conclusion that Corwell was informed of her limited right of appeal. See Maguire, 830 P.2d at 217 (<HOLDING>). The court of appeals therefore erred when it Options: A. holding that the district court erred in denying a 2254 petition because it had improperly resolved a disputed factual issue based solely on an affidavit filed by the petitioners attorney and there was no record evidence that corroborated the attorneys affidavit B. holding that a plea affidavit can be incorporated into the record if the district court conducts an inquiry to establish that the defendant understands the affidavit and voluntarily signed it internal quotations omitted C. holding that a guilty plea is voluntary and knowing only if the defendant understands the range of allowable punishment D. holding that an affidavit did not provide probable cause sufficient to validate a warrant where the affidavit stated an incorrect date uncontradicted by any other specific fact in the affidavit E. holding that an incorporated affidavit did not provide particularity because the government offered no evidence that the affidavit or any copies were ever attached to the warrant or were present at the time of the search

assistant: The best answer is B. holding that a plea affidavit can be incorporated into the record if the district court conducts an inquiry to establish that the defendant understands the affidavit and voluntarily signed it internal quotations omitted
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: phone numbers of law enforcement personnel were properly withheld from disclosure under Exemptions (b)(2) High and (b)(7)(E) because the records were compiled for law enforcement purposes, were predominantly internal to ICE and prepared in anticipation of and to assist with ICE activity, and could significantly risk circumvention of the law if disclosed. Additionally, DHS properly withheld the information under Exemption (b)(7)(C) because Plaintiffs have not asserted any discernible public interest in the disclosure of law enforcement personnel’s cell phone numbers, and the privacy interest of such individuals in avoiding hostility and unwarranted harassment makes non-disclosure of this particular information especially proper under Exemption (b)(7)(C). See Doherty, 775 F.2d at 52 n. 2 (<HOLDING>); Miller, 562 F.Supp.2d at 119-20 (authorizing Options: A. holding that exemption 7c protects the privacy interests of all persons mentioned in law enforcement records whether they be investigators suspects witnesses or informants and their names are generally exempt from disclosure B. holding intent as an essential element to an invasion of privacy by intrusion and not listing intent as a required element of invasion of privacy by publication C. holding that exemption 7c protects the privacy interests of all persons mentioned in law enforcement records whether they be investigators suspects witnesses or informants and their names are generally exempt from disclosure D. holding that exemption b7c covers investigatory records compiled for law enforcement purposes to the extent that they constitute an unwarranted invasion of personal privacy and protects the identities of investigative agents E. holding that the government cannot waive foia exemption 6 on behalf of the individual whose privacy interests the exemption protects

assistant: The best answer is D. holding that exemption b7c covers investigatory records compiled for law enforcement purposes to the extent that they constitute an unwarranted invasion of personal privacy and protects the identities of investigative agents
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 regulation after this appeal commenced. The record (and briefing) do not explain the practical effect of the amendment and any gear differences. While the use of feeder nets may give the cooperative a fishing advantage over open fishers, it is not self-evident that the leads would result in materially different equipment. 25 . Fairbanks Fire Fighters Ass'n, Local 1324 v. City of Fairbanks, 48 P.3d 1165, 1168 (Alaska 2002) (setting forth these bases for reviewing mooted issue; (1) whether disputed issues are capable of repetition, (2) whether application of mootness doctrine may repeatedly circumvent review, and (3) whether issues presented are so important to public interest as to justify overriding mootness doctrine); Peninsula Mktg. Ass’n v. State, 817 P.2d 917, 920 (Alaska 1991) (<HOLDING>). 26 . AS 16.05.251(e). 27 . AS Options: A. holding that issues involving the local board of education were matters of public importance B. holding that traditional allocation of burden of proof to the party challenging the decisions applies to decisions under the tca C. holding that in the absence of an express statutory allocation of the burden of proof the board of immigration appealss placement of the burden on the alien was reasonable under chevron D. holding that initiative setting user preferences in salmon fishery was an appropriation because it would limit the board of fisheries discretion to make allocation decisions in times of shortage and there is a very realistic danger that such shortages will occur E. recognizing authority of board to make allocation decisions as repeated issue ease of evading review by annual amendments and public importance of impact upon allocation of alaskas fishery resources

assistant: The best answer is E. recognizing authority of board to make allocation decisions as repeated issue ease of evading review by annual amendments and public importance of impact upon allocation of alaskas fishery resources
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 HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE OTHER TRANSACTION DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY.

assistant: Waiver Of Jury Trials
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: on a motion for summary disposition. Shepherd Montessori Ctr Milan v Ann Arbor Charter Twp, 486 Mich 311, 317; 783 NW2d 695 (2010). In addition, the proper interpretation of a statute is a question of law that this Court reviews de novo. Eggleston v Bio-Med Applications of Detroit, Inc, 468 Mich 29, 32; 658 NW2d 139 (2003). The proper interpretation of a contract is also a question of law that this Court reviews de novo. Rory v Continental Ins Co, 473 Mich 457, 464; 703 NW 2d 23 (2005). III. ANALYSIS A. POLICIES AS CONTRACTS Insurance policies are contracts and, in the absence of an applicable statute ance policy is not mandated by statute, the rights and limitations of the coverage are entirely contractual and construed without reference to the statute. See Rory, 473 Mich at 465-466 (<HOLDING>). In addition, because insurance policies are Options: A. holding that the plaintiffs asserted legal basis for coverage is irrelevant to the determination of whether the insurance policy provides coverage and instead looking to the facts underlying the claim for coverage B. holding that policy limits are not a defense to coverage and that policy limits define the amount of coverage C. holding directors and officers liability policy was property of the estate because the estate was worth more with indemnification coverage than without the coverage D. holding that because uninsuredmotorist coverage is optional and not mandated by statute the rights and limitations of such coverage are purely contractual and construed without reference to the nofault act E. holding named driver exclusion eliminating liability coverage as well as um coverage did not contravene um statute because statute required um coverage only if the claimant otherwise qualifies for liability coverage under the policy

assistant: The best answer is D. holding that because uninsuredmotorist coverage is optional and not mandated by statute the rights and limitations of such coverage are purely contractual and construed without reference to the nofault act
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: Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Revolving Credit Lender (or, as appropriate, its assignee following compliance with Section 11.06(b)(vi) ) or (ii) the determination by the Administrative Agent and the Letter of Credit Issuer that there exists excess Cash Collateral.

assistant: Releases
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: her clients’ interests”); Conroy, 845 N.W.2d at 65 (collecting cases and finding a rule 32:3.2 violation when the attorney failed to cure defaults in six appeals); Do-lezal, 796 N.W.2d at 914 (finding a rule 32:3.2 violation when the attorney failed to follow through with or dismiss appeals and disregarded default notices). Although Weiland failed to comply with our appellate procedures in an effort to protect Pierce’s interests, the comments to the rule disclaim such motivation as a. legitimate interest of a client. See Iowa R. Profl Conduct 32:3.2 cmt. [1] (“Realizing financial or other benefit from otherwise improper delay in litigation is not a legitimate interest of the client.”); accord 2 Geoffrey C. Hazard, Jr. et al., The Law of Lawyering § 31.03, at 31-4 to -5 (4th ed.2015) (<HOLDING>). Expediting an appeal by meeting deadlines, Options: A. recognizing that a clients interest in delay itself is not entitled to weight in assessing the propriety of a lawyers tactics on behalf of the client B. holding that a district court is entitled to give more weight to the seriousness of the offense than to other factors C. holding that in determining the propriety of summary judgment credibility determinations may not be made D. recognizing that fundamental consideration in assessing the propriety of a prosecutors motion to dismiss is whether the motion is made in good faith E. holding that the plaintiffs counsel were not entitled to compensation for a seventeenmonth delay in the payment of approximately 11500 in attorneys fees in one matter and a fourteenmonth delay in the payment of approximately 8000 in fees in another matter because the delay itself was not very long and the amount of fees not very high

assistant: The best answer is A. recognizing that a clients interest in delay itself is not entitled to weight in assessing the propriety of a lawyers tactics on behalf of the client
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All representations and warranties made by the Seller to the applicable Investor in connection with the Mortgage Loans and Servicing Rights in any Servicing Agreement or otherwise were true and correct as of the date made and are incorporated herein by reference, hereby restated, and inure to the benefit of the Purchaser.

assistant: Representations
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 issuer ....” 15 U.S.C. § 7244(a)(2)(B) (emphasis added). By contrast, section 304 does not mention the availability of any action to enforce its mandates, nor does it explicitly describe a forum in which suit may be brought or a plaintiff for whom such a forum is available. Accordingly, any private right of action within section 304 must be implied from the statute’s language, structure, context and legislative history. Opera Plaza Residential Parcel Homeowners Ass’n v. Hoang, 376 F.3d 831, 836 (9th Cir.2004). B We next turn to whether section 304 creates an implied private right of action. So far as we can determine, no circuit has yet answered this question, except in dicta. Pirelli Armstrong Tire Corp. Retiree Med. Benefits Trust v. Raines, 534 F.3d 779, 792-93 (D.C.Cir.2008) (<HOLDING>). However, a number of district courts have Options: A. holding that a private right of action exists B. holding itca does not create new causes of action but creates acceptance of liability under circumstances that would bring private liability into existence C. holding that section 4625bc does not create a private right of action for money damages D. holding that defendants directors decision not to bring suit under section 304 for disgorgement by ceo and cfo was within the business judgment rule since 304 does not create a private right of action E. recognizing private right of action

assistant: The best answer is D. holding that defendants directors decision not to bring suit under section 304 for disgorgement by ceo and cfo was within the business judgment rule since 304 does not create a private right of action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: weighed heavily in the State’s favor;” that the witness, upon whose failure to testify the State commented, “was not central to the case;” and that the State’s rebuttal comments were “merely in response to [defendants’] closing arguments” and were therefore proper. Id. at 655, 814 A.2d 1. As in Wilson, here, the State’s rebuttal argument did not impermissibly shift the burden of production of evidence to the defense. It was only responding to issues raised by defense counsel in closing argument. See Degren v. State, 352 Md. 400, 431, 722 A.2d 887 (1999)(“This Court has held that, under certain circumstances, a prosecutor’s argument during rebuttal and in response to comments made by the defense during its closing are proper.”); Booze v. State, 111 Md.App. 208, 224, 681 A.2d 534 (1996)(<HOLDING>); Blackwell v. State, 278 Md. 466, 481, 365 Options: A. holding that defense counsel opened the door to response by prosecutor when he tried to turn defendants failure to testify to his advantage in closing argument B. holding that a prosecutor runs a risk of improperly striking at a defendant over the shoulder of counsel when the argument is made in terms of defense counsel personally and when the argument explicitly impugns defense counsels character C. holding that statute which permitted judge to deny defense closing in bench trial violated right to counsel and emphasizing the importance of argument by counsel in the factfinding process D. holding that defense counsel opened the door to the prosecutions questioning of the defendant about prior convictions when defense counsel asked a prosecution witness whether he was aware that the defendant was a convicted felon E. holding that defense counsel opened the door to the states rebuttal remarks when defense counsel raised the issue in his closing argument

assistant: The best answer is E. holding that defense counsel opened the door to the states rebuttal remarks when defense counsel raised the issue in his closing argument
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: in the underlying action does not on its face establish lack of coverage.”) (citations omitted); Atlantic Mut. Fire Ins. Co. of Savannah v. Cook, 619 F.2d 553, 555 (5th Cir.1980) (“[I]n a declaratory action to determine an insurer’s duty to defend, the court may take evidence for the purpose of deciding the insurer’s duty to defend in this regard, where the facts alleged in the [underlying] petition are sufficient to establish ... liability on the part of the insured but are silent as to the facts or characterization thereof relied upon for a policy exclusion.”) (construing Alabama law); Boyce Thompson Institute for Plant Research, Inc. v. Insurance Co. of N. Am., 751 F.Supp. 1137 (S.D.N.Y.1990) (denying summary judgment on the issue of an insurer’s duty .E.2d 201 (Ind. Ct.App.1981) (<HOLDING>); Bituminous Casualty Corp v. Bartlett, 307 Options: A. holding that insurer had a continuing duty to defend B. holding that an insurer had a duty to defend the insured until it could establish that those claims were not supported by the facts C. holding despite authority for the general proposition that the duty to defend is determined based on the allegations of the complaint that an insurer had no duty to defend where the underlying claim was covered by the policy based on the facts pleaded in complaint but other facts not appearing in the complaint excluded coverage D. holding that under new york law for an insurer to have no duty to defend the court must find as a matter of law that based on the pleadings there was no possible factual or legal basis on which the insurer might eventually be held obligated to indemnify the insured E. holding based on factual determinations made by trial court in declaratory judgment proceeding that insurer had no duty to defend because discharges were not sudden and accidental

assistant: The best answer is E. holding based on factual determinations made by trial court in declaratory judgment proceeding that insurer had no duty to defend because discharges were not sudden and accidental
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to policies established by the Advisory Committee , the Benefits Department is authorized to direct the Administrative Trustee to make a loan or loans to a Participant in an earmarked investment of the Participant's Accounts. Such loan shall be available to all Participants on a non-discriminatory basis, except that the Benefits Department may refuse to make a loan or may limit a loan on the basis of credit worthiness. The Benefits Department shall not direct the Administrative Trustee to make loans to Highly Compensated Employees in amounts which, when expressed as a percentage of the Participant's vested interest in his Accounts, are greater than those available to other Participants; provided, however, that Benefits Department may adopt a rule precluding loans of less than One Thousand Dollars ($1,000). As a general rule, a Participant may not have more than one (1) loan outstanding at any particular time and a Participant may not receive a loan for a period of one (1) year following the repayment of an earlier loan. The limitations referred to in the preceding sentence shall not apply if the Benefits Department determines that the Participant has a "hardship" within the meaning of Section 9.3.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Employee’s employment with the Company will end on and Employee shall tender his resignation as a director of the Company effective as of the Separation Date, and the Company and Employee agree that such date will be the date of Employee’s “separation from service” with the Company for purposes of Internal Revenue Code Section 409A and the regulations and guidance promulgated thereunder (“Code Section 409A”). This Agreement shall be effective as provided in the following acknowledgements. Employee acknowledges that Employee is knowingly and voluntarily waiving and releasing any rights Employee may have under the Age Discrimination in Employment Act (“ADEA”). Employee also acknowledges that the consideration given for the waiver and release contained in this Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that Employee has been advised by this writing, as required by the Older Workers’ Benefit Protection Act, that: (i) Employee’s waiver and release does not apply to any rights or claims that may arise after the Effective Date (defined below); (ii) Employee should consult with an attorney prior to executing this Agreement; (iii) Employee has at least twenty-one (21) days to consider this Agreement (although Employee may by Employee’s own choice execute this Agreement earlier); (iv) Employee has seven (7) days following the execution of this Agreement by the Parties to revoke the Agreement; and (v) this Agreement shall not be effective until the date upon which the revocation period has expired (“Effective Date”). Employee may revoke this Agreement only by giving the Company written notice of Employee’s revocation of this Agreement, to Sophia Tawil, the Company’s Senior Vice President, General Counsel, and Corporate Secretary, to be received by the Company by the close of business on the seventh (7th) day following Employee’s execution of this Agreement.

assistant: Effective Dates