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: 415. The trustee argued that due to the default judgment, he “need not prove that the transfer ... was a preference, but need only show that [the remaining defendant was] a transferee against whom recovery is appropriate under Section 550.” Id. Like the Trustee here, the trustee in that case “emphasized the separation of the concepts of avoidance and recovery” and a ) (“[T]he court concludes that [defendant] was not limited to raising only the defenses in 11 U.S.C. § 550 of a mediate transferee. Although this is the general rule, this rule is not strictly applied when the underlying transfer was avoided by virtue of a default judgment.”), rev’d in part on other grounds, appeal dismissed in part, 482 Fed.Appx. 454 (11th Cir.2012); In re AVI, Inc., 389 B.R. 721, 735 (9th Cir. BAP 2008) (<HOLDING>). In short, where the Trustee settled with Options: A. holding that a trustee is not required to avoid the initial transfer from the initial transferee before seeking to avoid it and recover from subsequent transferees and noting that this conclusion is consistent with case law that has disallowed automatic recovery from a subsequent transferee following the avoidance of an initial transfer through a stipulated judgment or default when the transferee had not been a party to the underlying avoidance proceeding B. holding a party to be an initial transferee because she was given legal title to the funds C. holding that a trustee may settle with an initial transferee and still pursue recovery against a subsequent transferee but notwithstanding the trustee will still be required to prove that the transfers were fraudulent and improper in connection with its suit against the subsequent transferee because the trustees settlement with the initial transferee did not involve any determination on the merits as to the initial transfers and in this way the subsequent transferee will be afforded its due process rights to contest the avoidability of these initial transfers D. holding that agent of corporation who used corporate funds to secure personal loan was initial transferee E. holding that a transferee is an initial transferee under the bankruptcy code if they exercise legal control over the assets received

assistant: The best answer is A. holding that a trustee is not required to avoid the initial transfer from the initial transferee before seeking to avoid it and recover from subsequent transferees and noting that this conclusion is consistent with case law that has disallowed automatic recovery from a subsequent transferee following the avoidance of an initial transfer through a stipulated judgment or default when the transferee had not been a party to the underlying avoidance proceeding
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 executed in one or more counterparts, each of which shall be deemed an original and all of which shall, taken together, be considered one and the same agreement, it being understood that both parties need not sign the same counterpart.

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: without being inhibited by fear of later public disclosure” and must reflect “the ‘give-and-take’ of the deliberative process and contain[] opinions, recommendations, or advice about agency policies”) (emphasis added by plaintiff) (citations omitted); see also Pl.’s Mem. for Mot. to Compel at 27, quoting Pub. Citizen, Inc. v. Office of Mgmt. & Budget, 598 F.3d 865, 875 (D.C.Cir.2009) (“To the extent the documents ... [do not] make recommendations for policy change ... they are not predecisional and deliberative despite having been produced by an agency that generally has an advisory role.”) (emphasis added by plaintiff). Notwithstanding the Committee’s added emphasis on the word “policy lar conclusions. See Judicial Watch v. Dep’t of Homeland Sec., 736 F.Supp.2d 202, 208 (D.D.C.2010) (<HOLDING>); Citizens for Responsibility & Ethics in Wash. Options: A. recognizing application of federal deliberative process privilege to internal state communications B. holding that there is no statutory deliberative process privilege in arizona and declining to create such a privilege under the common law C. holding that internal emails about how to present an agency decision to the public were covered by the deliberative process privilege D. holding that deliberations about how to handle press inquiries and other public relations issues are covered by exemption 5 under foia E. holding that documents concerning how to respond to ongoing inquiries from the press and congress about the entry of a government witness and mexican national into the united states fell under the deliberative process privilege

assistant: The best answer is E. holding that documents concerning how to respond to ongoing inquiries from the press and congress about the entry of a government witness and mexican national into the united states fell under the deliberative process privilege
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 exercise of the Option and the issuance and transfer of Shares shall be subject to compliance by the Company and the Participant with all applicable requirements of federal and state securities laws and with all applicable requirements of any stock exchange on which the Company’s Shares may be listed. No Shares shall be issued pursuant to this Option unless and until any then applicable requirements of state or federal laws and regulatory agencies have been fully complied with to the satisfaction of the Company and its counsel. The Participant understands that the Company is under no obligation to register the Shares with the Securities and Exchange Commission, any state securities commission or any stock exchange to effect such compliance.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (N. D.Cal.2000) (citing Argument in Favor of Proposition 4 by Earl Warren, District Attorney of Alameda County, 1934 General Election Ballot Pamphlet). 5 . The Tenth Circuit has also addressed the authority of the states to execute search warrants and to arrest individuals on reservations. In United States v. Baker, 894 F.2d 1144 (10th Cir.1990), state authorities executed a search warrant on a tribal reservation. The Tenth Circuit concluded that the search warrant was invalid, and therefore the evidence should have been suppressed, because the state had no jurisdiction over the reservation to enforce its laws — including the execution of a search warrant — unless Congress consented to the state's jurisdiction. Id. at 1147. See also Ross v. Neff, 905 F.2d 1349, 1354-55 (10th Cir.1990) (<HOLDING>). 6 . Our conclusion that the Tribe may bring a Options: A. holding that the state did not have jurisdiction over crime committed on land held by the bureau of indian affairs for the use and benefit of a discrete indian community B. holding that the arrest of an indian on indian land was illegal because the state had no jurisdiction over the reservation to enforce its laws including the execution of a search warrant unless congress consented to the states jurisdiction C. holding that oklahoma police officer was without jurisdiction to arrest indian inside indian reservation when the state has neither received by express grant nor acted pursuant to congressional authorization to assume criminal jurisdiction over indian country D. holding that state has no jurisdiction over civil suit by nonindian against indian where cause of action arises on indian reservation E. holding that the state has no jurisdiction to pursue an indian onto an indian reservation for criminal offenses committed off the reservation

assistant: The best answer is B. holding that the arrest of an indian on indian land was illegal because the state had no jurisdiction over the reservation to enforce its laws including the execution of a search warrant unless congress consented to the states jurisdiction
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 prepayments under this Section 2.05 shall be accompanied by all accrued interest thereon, together with, in the case of any such prepayment of a Eurocurrency Rate Loan on a date other than the last day of an Interest Period therefor, any amounts owing in respect of such Eurocurrency Rate Loan, as applicable, pursuant to Section 2.05(a)(iii) and Section 3.05 .

assistant: Interests
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 and their Subsidiaries, taken as a whole, are able to generally pay their debts as they become due in the ordinary course of business and do not have an unreasonably small amount of capital with which to carry on their businesses; and the amount that will be required to pay the probable liabilities of the Credit Parties and their Subsidiaries as they become absolute and mature in the ordinary course of business is less than the sum of the present fair sale value of their assets valued on a going concern basis.

assistant: Solvency
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: Id. The Nevada Supreme Court reached a similar conclusion in Gilman v. Gilman, another case on which the majority relies. 956 P.2d 761, 764 (Nev. 1998) (explaining that those courts who have adopted the majority rule in cohabitation cases “hold that alimony payments used to benefit the cohabitant should be eliminated or reduced to meet the recipient spouse’s actual needs”). The Gilman court recognized the “economies of scale” that can result from cohabitation, and it emphasized that the “economic needs” test that it adopted allowed the “lower courts to focus upon the specific facts of each case, while retaining their substantial discretion when making spousal support modification decisions.” Id. at 765-66; see also In re Marriage of Schroeder, 238 Cal. Rptr. 12, 15 (Ct. App. 1987) (<HOLDING>); Van Gorder v. Van Gorder, 327 N.W.2d 674, 679 Options: A. recognizing that cohabitation may reduce the need for spousal support because sharing a household gives rise to economies of scale and more importantly the cohabitants income may be available to the recipient spouse B. recognizing that cohabitants owe no legal or financial support to one another C. holding that although cohabitation is not in itself the de facto equivalent of marriage that would warrant modification of spousal maintenance all evidence relating to the economic nature of the relationship between wife and cohabitant would be relevant and admissible to show that wifes support needs have changed D. holding that payments in the nature of support need not be made directly to the spouse or dependent to be nondischargeable E. holding that the trial court lacked authority to renew spousal support payments pursuant to a motion that was filed after the expiration of time during which spousal support was required to be paid under the original judgment

assistant: The best answer is A. recognizing that cohabitation may reduce the need for spousal support because sharing a household gives rise to economies of scale and more importantly the cohabitants income may be available to the recipient spouse
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 Assignment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all of which counterparts together shall constitute but one and the same instrument. This Assignment shall become effective upon the execution of a counterpart hereof by each of the parties hereto. A manual signature on this Assignment, an image of which shall have been transmitted electronically, will constitute an original signature for all purposes. The delivery of copies of this Assignment, including executed signature pages where required, by electronic transmission will constitute effective delivery of this Assignment for all purposes.

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 his prior convictions should not count as predicate offenses because his civil rights had been restored upon his release from incarceration. The district court denied Sanford’s motion because it reasoned that his convictions restricted his ability to transport a firearm. Sanford pleaded guilty, but reserved the right to appeal the judgment “on the basis that his prior conviction for a misdemeanor crime of domestic violence does not meet the definition set forth in [18 U.S.C. § 921(a)(33) ].” The district court sentenced Sanford to one month’s imprisonment, two years of supervised release, and a $1000 fine. Sanford thereafter filed this appeal. II. When reviewing a motion to dismiss an indictment, we review the district court’s legal conclusions de novo. Our standard of revi 01) (<HOLDING>). Sanford’s argument in this appeal instead Options: A. holding that police in responding to a domestic violence call were not justified in engaging in a warrantless entry because the assault was over and there was no real danger that the assault was about to resume B. holding sentences include all consequences of convictions C. holding that all convictions under wisconsin sexual assault statute were not per se convictions for crimes of violence D. holding that convictions under 111 require at least some form of assault E. holding that all maine assault convictions against a domestic partner qualified

assistant: The best answer is E. holding that all maine assault convictions against a domestic partner qualified
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 party is responsible for paying all local, state, federal or foreign taxes, levies or duties of any nature applicable to it (" Taxes "). If either party has the legal obligation to pay or collect Taxes for which the other party is responsible, the appropriate amount shall be invoiced to and paid by the responsible party, or withheld by the paying or collecting party unless the responsible party provides a valid tax exemption certificate authorized by the appropriate applicable taxing authority.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent that the Performance Goals are achieved and Shares are earned (which may range from zero to (Potential Maximum)), as determined and certified by the Committee in its sole discretion, then the earned Shares shall be paid following the end of the Performance Period no later than _________ immediately following the end of the Performance Period (the “Settlement Date”) provided that Employee shall have been continuously employed by the Company or by one of its Affiliates from the Grant Date through the last day of the Performance Period (the “Employment Requirement”). For the avoidance of doubt, in the event that the Employment Requirement is waived pursuant to Paragraph 3, 4 or 6, except as set forth in Paragraph 7, payout of the Performance Units shall continue to depend on the extent to which the Performance Goals are achieved and Shares are earned, as determined and certified by the Committee in its sole discretion.

assistant: Vesting
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 [C]ase,” (Record (R.) at 6), and Mr. Coker fails to provide any specificity with regard to the inadequacy of the notice that the Board found he had received. The Court requires that an appellant plead with some particularity the allegation of error so that the Court is able to review and assess the validity of the appellant’s arguments. See U.S. Vet.App. R. 28(a) (requiring appellant to provide the Court with a brief presenting all issues on appeal); but see U.S. Vet.App. R. 28(i) (suspending Rule 28(a) and allowing a pro se veteran to submit an informal brief). This is also a general requirement in all appellate courts, see Fed. R.App. P.R. 28, and is clearly applicable to pleadings raising notice error in this Court. See Mayfield v. Nicholson, 19 Vet.App. 103, 111 (2005) (<HOLDING>), appeal docketed, No. 05-7157 (Fed. Cir. June Options: A. holding that search warrant was constitutionally defective because it did not require notice B. holding that the defendant did not require advance notice where he could not show how he was prejudiced by late notice or how he could have been helped by additional notice C. holding that any board reasonsorbases deficiency in discussing how section 5103a 3159b1 notice has been satisfied would of necessity be nonprejudicial to claimant where claimant re ceived compliant notice D. holding that section 5103a notice must precede initial aoj adjudication on serviceconnection claim E. holding that appellant must identify with considerable specificity how 38 usc 5103a notice was defective

assistant: The best answer is E. holding that appellant must identify with considerable specificity how 38 usc 5103a notice was defective
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: Miller v. Currie, 50 F.3d 373, 380 (6th Cir.1995). “ ‘[Objections disputing] the correctness of the magistrate’s recommendation but failing] to specify the findings ... believed [to be] in error’ are too general.” Spencer, 449 F.3d at 725 (quoting Miller, 50 F.3d at 380). The defendant did not object to the magistrate judge’s conclusion that the plaintiff established the first two elements of his prima facie case. “[T]he failure to file specific objections to a magistrate’s report constitutes a waiver of those objections.” Cowherd v. Million, 380 F.3d 909, 912 (6th Cir.2004). Since the defendant did not challenge those conclusions, the Court need not address those items, since those arguments are waived, see Thomas v. Arn, 474 U.S. 140, 149, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985) (<HOLDING>); Smith v. Detroit Fed’n of Teachers Local 231, Options: A. holding that under current eleventh circuit rule the failure to object limits the scope of our appellate review to plain error review of the magistrate judges factual findings however failure to object to the magistrate judges legal conclusions does not preclude the party from challenging those conclusions on appeal B. holding that the failure to object to the magistrate judges report releases the court from its duty to independently review the motion C. holding that failure to object to magistrate judges recommendation waived issue on appeal D. holding that failure to object in a timely fashion to a magistrate judges report and recommendation generally constitutes a waiver of the defaulting partys right to appeal provided that the parties received clear notice of the consequences of their failure to object E. holding failure to timely object to magistrate judges recommendation waives appellate review of factual and legal questions

assistant: The best answer is B. holding that the failure to object to the magistrate judges report releases the court from its duty to independently review the motion
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: requisite nexus between the property and the offense.” Id. That determination is made without regard to any legitimate interest that a third party may claim in the property sought to be forfeited because the Rule affords third parties the opportunity to assert such claims before a final forfeiture order is entered. Fed.R.Crim.P. 32.2(b)(2) & (c). II. Burden of Proof Forfeiture under § 1963(a) is part of the sentence imposed for a RICO violation. That section is entitled “criminal penalties” and it provides that “the court, in imposing sentence ... shall order, in addition to any other sentence imposed ...,” that the defendant forfeit specified property. 18 U.S.C. § 1963(a) (emphasis added); see also Libretti v. United States, 516 U.S. 29, 38-39, 116 S.Ct. 356, 133 L.Ed.2d 271 (1995) (<HOLDING>). Historically, sentencing issues have been Options: A. recognizing constitutional right to be present when sentence is imposed B. holding that prison term following revocation of probation is a modification and part of the actual sentence imposed for the original offense C. holding the petitioners challenge of his conviction is not rendered moot by the expiration of the underlying sentence because collateral consequences flowing from the conviction give the petitioner a substantial stake in the judgment of conviction which survives the satisfaction of the sentence imposed on him D. holding that forfeiture is an element of the sentence imposed following conviction E. holding the connection is an element

assistant: The best answer is D. holding that forfeiture is an element of the sentence imposed following conviction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date hereof, neither the Partnership nor any of its Subsidiaries is in violation of any Law applicable to the Partnership or its Subsidiaries, except as would not, individually or in the aggregate, have a Material Adverse Effect. The Partnership and its Subsidiaries possess all certificates, authorizations and permits issued by the appropriate regulatory authorities necessary to conduct their respective businesses, except where the failure to possess such certificates, authorizations or permits would not, individually or in the aggregate, have a Material Adverse Effect, and neither the Partnership nor any such Subsidiary has received any notice of proceedings relating to the revocation or modification of any such certificate, authorization or permit, except where such potential revocation or modification would not, individually or in the aggregate, have a Material Adverse Effect.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: unless a mutually executed agreement between you and us states otherwise , our terms make up the entire agreement between you and us regarding whatsapp and our services , and supersede any prior agreements .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: did not behave unreasonably in choosing to stop the vehicle. Therefore, we hold that the police officers had reasonable, articula-ble suspicion that the occupants of the vehicle had been involved in the Minni-Market robbery, and lawfully stopped the vehicle. II. We then turn to the issue of whether the subsequent search of the vehicle was proper. A protective search of the passenger compartment of the vehicle, limited to those areas in which a weapon may be placed or hidden, is permissible if the officer possesses a reasonable belief, based on specific and articulable facts, that the suspect is dangerous and may gain immediate control of a weapon. Michigan v. Long, 463 U.S. 1032, 1049, 103 S.Ct. 3469, 77 L.Ed.2d 1201 (1983). See also State v. Gilchrist, 299 N.W.2d 913, 916 (Minn.1980) (<HOLDING>). If, while conducting a legitimate protective Options: A. holding that the arresting officer lacked probable cause to arrest defendant a rear seat passenger of a car for possession of marijuana based on the discovery of two marijuana seeds in the front of the vehicle B. holding the evidence sufficient to support a finding that the juvenile a front seat passenger of a vehicle occupied by four persons was in possession of marijuana recovered from a crumpled piece of newspaper behind the drivers seat C. holding that search of area under front passenger seat of a validly stopped vehicle was justified for officer safety D. holding that police officer was not justified in detaining a passenger who exited and began to walk away from a lawfully stopped vehicle absent an articulated reason as to why it was necessary to detain the passenger for the officers safety E. holding the evidence sufficient to support a finding that the defendant a front seat passenger of a vehicle occupied by three individuals was in constructive possession of marijuana found in white bag directly under the defendants seat

assistant: The best answer is C. holding that search of area under front passenger seat of a validly stopped vehicle was justified for officer safety
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: To the extent allowable pursuant to applicable law, each member of the Administrator or of the Board shall be indemnified and held harmless by the Company from any loss, cost, liability, or expense that may be imposed upon or reasonably incurred by such member in connection with or resulting from any claim, action, suit, or proceeding to which he or she may be a party or in which he or she may be involved by reason of any action or failure to act pursuant to the Plan and against and from any and all amounts paid by him or her in satisfaction of judgment in such action, suit, or proceeding against him or her; provided he or she gives the Company an opportunity, at its own expense, to handle and defend the same before he or she undertakes to handle and defend it on his or her own behalf. The foregoing right of indemnification shall not be exclusive of any other rights of indemnification to which such persons may be entitled pursuant to the Company’s Certificate of Incorporation or Bylaws, as a matter of law, or otherwise, or any power that the Company may have to indemnify them or hold them harmless.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the fullest extent allowed by law , 9gag , inc disclaims any liability or responsibility for the accuracy , reliability , availability , completeness , legality or operability of the material or services provided on this site .

assistant: Limitation of liability
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: the notice to duolingo should be sent by any of the following means : ( i ) electronic mail to legal@duolingo.com ; or ( ii ) sending the notice by u.s. postal service certified mail to duolingo , inc. , attention : legal , 5900 penn ave ; pittsburgh , pa 15206 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the State had the burden of disproving the defense. That course was inconsistent with the Model Jury Charge (Criminal), Homicide § 6, and violated the legislative commands contained in N.J.S.A. 2C:1-13b(1) and (2). Under those subsections, the State is required to disprove an affirmative defense if there is evidence supporting it, unless the code or another statute “requires the defendant to prove [the defense] by a preponderance of evidence or such other standard as specified in this code.” Since the felony murder affirmative defense does not contain language placing the burden of persuasion on a defendant, a proper jury instruction must advise that the State has the burden of disproving the defense beyond a reasonable doubt. Cf. State v. Kelly, 97 N.J. 178, 200, 478 A.2d 364 (1984) (<HOLDING>). The difficulty with defendant’s position in Options: A. holding that if any evidence raising the issue of selfdefense is adduced the jury must be instructed that the state is required to prove beyond a reasonable doubt that the selfdefense claim does not accord with the facts B. holding that the trial judge correctly instructed the jury that in resolving whether the crime occurred in tennessee they must be persuaded beyond a reasonable doubt from the evidence introduced on that issue C. holding that a challenged jury instruction did not impermissibly shift the burden of proof when the trial court elsewhere instructed the jury that the state must prove its case beyond a reasonable doubt D. holding that the state must prove juvenile delinquency beyond a reasonable doubt E. holding that failure of trial court to instruct jury that state must prove beyond reasonable doubt killing was not committed in heat of passion required reversal of murder conviction even though there was general charge that state was required to prove each element of offenses beyond reasonable doubt

assistant: The best answer is A. holding that if any evidence raising the issue of selfdefense is adduced the jury must be instructed that the state is required to prove beyond a reasonable doubt that the selfdefense claim does not accord with the facts
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: Street. As Ferguson turned onto Hulme, he observed Throneberry’s car “fishtail” out of the alley without stopping. Both Officer Ferguson and his passenger, who was a city councilman on a “ride-along,” testified that Throneberry’s headlights were not turned on when he exited the alley. Ferguson’s police report, however, indicated that Throneberry turned the lights off about 100 yards down the street after he exited the alley. Ferguson further testified that, when he observed Throneberry’s car fishtail out of the alley, he activated his emergency lights and siren in an attempt to stop Throneberry’s vehicle. According to these facts, the jury could reasonably have found that Throneberry violated section 545.256 of the transportation code, which prov Houston [1st Dist.] 1986, no pet.) (<HOLDING>). This same line of cases also holds that such Options: A. holding that a passenger in a stopped vehicle was seized when she was escorted from the car to the front of two police cars that had their overhead lights turned on separated from the driver by two officers and separated from her purse which remained in the car B. holding a police officer who was pursuing a fleeing suspect was immune from his torts when he ran a red light and collided with plaintiffs vehicle C. holding that accelerating a car so that it screeched and fishtailed a bit was sufficient for offense D. holding that accelerating a car so that its tires spun when a light turned from red to green was sufficient E. holding that accelerating a car so that it threw gravel on police car was enough to satisfy exhibition of speed violation

assistant: The best answer is D. holding that accelerating a car so that its tires spun when a light turned from red to green was sufficient
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: the company reserves the right , at its sole discretion , to periodically amend or revise the terms of this agreement ; material changes will be effective immediately upon the publication of the amended agreement .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: restraint is subjected to general rule of reason analysis requiring full consideration of power and anticom-petitive effects. Areeda & Hovenkamp at ¶ 1911c (emphasis added). At trial, the district court found that Ford had “transformed itself into a horizontal competitor” through its action and influence with the QVM manufacturers. (Tr. 1431.) Without further analysis, the district court held that the per se rule was applicable. On appeal, Ford argues that it is not a horizontal competitor of Craftsmen, because Ford does not manufacture limousines. Ford therefore con tends that the alleged agreements between Ford and American Coach were vertical restraints subject to the rule of reason analysis. See NYNEX Corp. v. Discon, Inc., 525 U.S. 128, 135, 119 S.Ct. 493, 142 L.Ed.2d 510 (1998) (<HOLDING>); Klor’s, Inc. v. Broadway-Hale Stores, Inc., Options: A. holding such agreements to be per se illegal B. holding a concerted boycott to be a per se violation of 1 of the sherman act C. holding that per se statutory rule is not permissible under fourth amendment D. holding that a maximum vertical price maintenance scheme is not per se illegal E. holding that the per se rule does not apply to a vertical agreement between a buyer and supplier and noting that precedent limits the per se rule in the boycott context to cases involving horizontal agreements among direct competitors

assistant: The best answer is E. holding that the per se rule does not apply to a vertical agreement between a buyer and supplier and noting that precedent limits the per se rule in the boycott context to cases involving horizontal agreements among direct competitors
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: Compliance with any term or provision hereof may be waived only by a written instrument executed by each party entitled to the benefits of the same. No failure to exercise any right, power or privilege granted hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege granted hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: disciplinary warning he had issued to Mr. Avila, and he told a group of workers that Mr. Avila should get out of the country if he couldn’t speak English right about the time he fired Mr. Avila. Thus, the record contradicts the district court’s finding that Mr. Keeffe made only one isolated remark about Mr. Avila’s language, which was months before, and unrelated to, the termination decision. We conclude these remarks are circumstantial evidence of discriminatory animus, and, given that two of the comments were made contemporaneous with Mr. Keeffe’s warning and termination decisions, a reasonable jury could conclude these remarks were related to those warning and termination decisions. Cf. Ash v. Tyson Foods, Inc., 546 U.S. 454, 456, 126 S.Ct. 1195, 163 L.Ed.2d 1053 (2006) (per curiam) (<HOLDING>); Hong v. Children’s Mem’l Hosp., 993 F.2d Options: A. holding that an individual can be a final policymaker either by operation of state and local positive law or by custom or usage having the force of law B. holding that use of potentially derogatory term may be evidence of racial animus which could potentially show pretext depending on various factors including context inflection tone of voice local custom and historical usage C. holding that evidence of pretext may include the use of subjective criteria D. holding that the employers routine use of racial slurs constitutes direct evidence that racial animus was a motivating factor in the contested disciplinary decisions E. holding that a supervisors routine use of racial slurs constitutes direct evidence that racial animus was a motivating factor in the contested disciplinary decisions

assistant: The best answer is B. holding that use of potentially derogatory term may be evidence of racial animus which could potentially show pretext depending on various factors including context inflection tone of voice local custom and historical usage
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: conducted “in 1996 was the first time Greenbriar LP learned of the PCE contamination at and emanating from the [plaintiffs’] Facility.” Significantly, the complaint also contained allegations that in 1989 a Fairfax County Health inspector inspected plaintiffs’ store site and determined that at least ten releases of PCE had occurred. Based on this, the complaint alleged that plaintiffs were aware of the PCE contamination and the resulting property damage as early as 1989. The complaint, therefore, leaves open the possibility that the PCE contamination “first manifest[ed] itself’ during the period the pollution liability insurance was in effect, namely 1991 though 1995. Accordingly, Sentry had a duty to defend plaintiffs against the underlying lawsuit. See Town Crier, 721 F.Supp. at 103 (<HOLDING>). When the property damage from the discharges Options: A. holding claims alleging misrepresentation do not fall within the coverage of a comprehensive general liability policy and thus the duty to defend is not triggered B. holding that there is a duty to defend if any of the complaints allegations fall within the risk covered by the policy C. holding that an insurer had no duty to defend in the absence of any cause of action amounting to a potentially covered offense under the insurance policy D. 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 E. holding insurers duty to defend is determined by allegations in the petition

assistant: The best answer is B. holding that there is a duty to defend if any of the complaints allegations fall within the risk covered by the 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 case excerpt and choose the best holding from the options. Case excerpt: is to shield minors from sexual contacts with adults in general, Wiley, 995 F.2d at 464-65, and with teachers in particular, see discussion infra part II.B.3. New Jersey’s public policy has the same effect. See Tots & Toddlers, 571 A.2d at 303-04; accord Morton Int'l, Inc. v. Gen. Accident Ins. Co., 134 N.J. 1, 629 A.2d 831, 879 (1993) (“We cited [Tots & Toddlers ] ... as illustrative of conduct that was so inherently injurious as to warrant the conclusion that intent to injure could be presumed.”), cert. denied, — U.S. -, 114 S.Ct. 2764, 129 L.Ed.2d 878 (1994); see also Atlantic Employers Ins. Co. v. Chartwell Manor Sch., 280 N.J.Super. 457, 655 A.2d 954 (App.Div.1995) (condemning sexual abuse of student by teacher); A C.R. v. Vara, 264 N.J.Super. 565, 625 A.2d 41 (Law Div.1992) (<HOLDING>). Because the contacts in this ease Options: A. holding that a teacher could not sue as a representative of her students under unruh B. holding that a school district was not liable for sexual molestation of plaintiffs daughter by a teacher even though the acts occurred on school property and during school hours C. holding that an abuse or molestation exclusion unambiguously covered claim of sexual touching even though terms abuse and molestation were not defined D. holding that a seventeenyearold student lacked the capacity to consent to engage in sexual conduct with a teacher and consequently her allegations of a seeminglyconsensual sexual relationship with the teacher were sufficient to state a 1983 claim based on a violation of substantive due process E. holding that sexual molestation of students by teacher is presumed to result in physical injury

assistant: The best answer is E. holding that sexual molestation of students by teacher is presumed to result in physical injury
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 closing (the “ Closing ”) of the acquisition of the Shares by the Purchasers in consideration for the Consideration Shares (the “ Transaction ”) shall occur at the offices of counsel for the Purchaser, within two (2) Business Days after the date on which all of the conditions and obligations of the Parties as set forth in Articles 7 and 8 of this Agreement shall have been substantially satisfied in all material respects or otherwise duly waived, or on such other date and at such other place and date as the Purchaser and the Seller may hereafter agree upon in writing (such date and time of the Closing being referred to herein as the “ Closing Date ”).

assistant: Closings
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: Wife disclosed some of Husband’s emails to Cooke and BJR, who allegedly used the emails to obtain additional information about Husband’s affair, the SCA does not punish such conduct. See Cardinal Health, 582 F.Supp.2d at 976 (“While [the] SCA punishes the act of accessing a ‘facility through which an electronic communication service is provided’ in an unauthorized manner, the SCA does not punish disclosing and using the information obtained therefrom.”). Accordingly, the circuit court did not err by granting summary judgment to Wife, Cooke, and BJR. See Fischer, 207 F.Supp.2d at 926 (granting summary judgment to defendants who did not access plaintiffs email accounts); Cardinal Health, 582 F.Supp.2d at 977-79 (same); see also Freeman v. DirecTV, Inc., 457 F.3d 1001 (9th Cir.2006) (<HOLDING>); Doe v. GTE Corp., 347 F.3d 655 (7th Cir.2003) Options: A. holding agreed abatement to allow compliance with 60day notice requirement of section 74051a did not extend 120day deadline or constitute an agreement of the parties to extend B. holding that civil liability under section 2707 does not extend to those who aid abet or conspire with a person or entity engaging in a violation of section 2702 C. holding that section 409 requires a causal connection for liability under section 405a3 D. holding that bivens liability does not extend to a corporate entity because the deterrence rationale applies only to individual actors E. holding that prior to 1986 amendment when congress replaced with intentionally the word willfully in section 2511 to establish a civil violation of section 2511 a plaintiff had to prove that any violation was intentional or undertaken with reckless disregard

assistant: The best answer is B. holding that civil liability under section 2707 does not extend to those who aid abet or conspire with a person or entity engaging in a violation of section 2702
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 Award and the provisions of this Award Agreement shall be governed by and constructed in accordance with the General Corporation Law of the State of Delaware as to matters within the scope thereof, and as to all other matters shall be governed by and construed in accordance with the internal laws of the State of California, without regard to conflict of law principles that would result in the application of any law other than the law of the State of California. For purposes of litigating any dispute that arises directly or indirectly from the relationship of the parties evidenced by the Award or this Award Agreement and/or the Plan, the parties hereby submit to and consent to the exclusive jurisdiction of the State of California and agree that such litigation shall be conducted only in the courts of the County of San Mateo, California, or the United States federal courts for the Northern District of California, and no other courts, where the grant of the Award is made and/or to be performed.

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: Confidential Information means all information relating to the Project or the Contractor’s proposal for the Project and all information relating to the nature of either Party’s business, affairs or trade secrets, which either Party directly or indirectly receives or acquires from the other Party, or the other Party’s representative, either in writing or verbally (but in the case of verbal information, only that which is reduced to writing by the Disclosing Party and delivered to the Receiving Party within 10 days of the verbal disclosure), or through observation of the Project, except information falling into any one or more of the following categories:

assistant: No