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: shift would not be inequitable. In short, there is no single unambiguous interpretation of the General Star and Hartford insurance policies. Any of several interpretations is reasonable; no interpretation is completely satisfactory. Under California law, courts generally resolve ambiguities in favor of coverage for the insured. See, e.g., Montrose Chemical Corp. of Cal. v. Admiral Ins. Co., 10 Cal.4th 645, 667, 42 Cal.Rptr.2d 324, 913 P.2d 878 (1995); AIU Ins. Co. v. Superior Court, 51 Cal.3d 807, 822, 274 Cal.Rptr. 820, 799 P.2d 1253 (1990). Therefore, the Court must interpret the General Star policy to find that for purposes of the “other insurance” clauses, World Oil does not have “other insurance.” See Cargill, Inc. v. Commercial Union Ins. Co., 889 F.2d 174, 180-81 (8th Cir.l989) (<HOLDING>). This interpretation provides World Oil with Options: A. holding insurance agent has no duty to advise insured of amount of insurance necessary to cover all potential losses B. holding that a policy with an excess other insurance clause provides no coverage until a policy with a pro rata other insurance clause is exhausted C. holding that the amount necessary to repair a vehicle under an insurance contract refers to the amount the insurer must spend to repair the vehicle not the amount the insured decides to spend D. holding that up to the amount of the deductible there was no other insurance E. holding that the obligee may recover attorney fees as an element of damages only up to the limit of the penal amount of the bond

assistant: The best answer is D. holding that up to the amount of the deductible there was no other insurance
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: if any payment is returned unpaid or if any credit card or similar transaction is rejected or denied , microsoft or its service providers reserve the right to collect any applicable return item , rejection or insufficient funds fee and to process any such payment as an electronic payment .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be applicable both before and after the commencement of any Insolvency Proceeding and all converted or succeeding cases in respect thereof. Accordingly, the provisions of this Agreement are intended to be and shall be enforceable as a subordination agreement within the meaning of Section 510(a) of the Bankruptcy Code.

assistant: Enforceability
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: with a deadly weapon.” Id. § 160.15(2). The point is of no significance. The fact that Snype did not specifically allocute to use of the firearms that he and his confederates carried in the course of the state robberies at issue hardly constitutes “clear and convincing” evidence that firearms were not deployed in these crimes. In state court proceedings, the prosecution proffered that Snype had brandished a firearm in both the 1981 and 1983 robberies. Indeed, it represented that in fleeing from the 1983 robbery, Snype had fired a shot at a pursuing customer. Whatever categorical limits might apply to the prosecution in proving that a prior conviction triggers a statutory sentencing enhancement, see Shepard v. United States, 544 U.S. 13, 16, 125 S.Ct. 1254, 1257, 161 L.Ed.2d 205 (2005) (<HOLDING>), no similar limitations apply to a defendant Options: A. holding that a courts inquiry as to disputed facts in connection with a prior conviction is limited to the terms of the charging document a plea agreement a transcript of the plea colloquy or a comparable judicial record B. holding that court could look only to the statutory definition of a crime the charging document written plea agreement transcript of plea colloquy and any explicit factual finding by the trial judge to which the defendant assented in determining if prior conviction qualified as a generic burglary for purposes of enhanced sentencing under armed career criminal act C. holding that a sentencing court in determining whether a burglary was a violent felony that resulted in an enhanced statutory minimum had to rely on charging documents elements of offenses plea colloquies and express findings by the trial judge and could not look to police reports or complaint applications D. holding that in determining whether the defendant has a prior conviction for burglary under the armed career criminal act the federal court may look only to the terms of the charging document the terms of a plea agreement or transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant or to some comparable judicial record of this information E. holding that courts applying taylor may only look to the terms of the charging document the terms of a plea agreement or transcript of colloquy between judge and defendant in which the factual ba sis for the plea was confirmed by the defen dant or to some comparable judicial record of this information

assistant: The best answer is B. holding that court could look only to the statutory definition of a crime the charging document written plea agreement transcript of plea colloquy and any explicit factual finding by the trial judge to which the defendant assented in determining if prior conviction qualified as a generic burglary for purposes of enhanced sentencing under armed career criminal 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 case excerpt and choose the best holding from the options. Case excerpt: at 5 (CR 172). 4 . Although the City contends that the manufacture and operation of amusement games are not occupations that warrant constitutional protection, it is well-recognized that the pursuit of an occupation or profession is a protected liberty interest that extends across a broad range of lawful occupations, see Greene v. McElroy, 360 U.S. 474, 492, 79 S.Ct. 1400, 1411, 3 L.Ed.2d 1377 (1959) (aeronautical engineer); Schware v. Board of Bar Examiners, 353 U.S. 232, 238-39, 77 S.Ct. 752, 755-56, 1 L.Ed.2d 796 (1957) (law practice); Benigni v. City of Hemet, 879 F.2d 473, 478 (9th Cir.1988) (bar ownership), and we assume without deciding that the operation of skill-based amusement games is within this range, cf. Chalmers v. City of Los Angeles, 762 F.2d 753, 756-57 (9th Cir.1985) (<HOLDING>). Moreover, corporations, as legal persons, Options: A. holding that definition of seizure under state constitution differs from that under us constitution B. holding that selling tshirts from a vending cart is an occupation protected under the constitution C. recognizing exception under state constitution D. holding that entitlement to benefits is a property interest protected by the due process clause of the fifth amendment to the united states constitution E. holding there are three tests used to determine whether an employee was engaged in an activity that is part of the owners trade business or occupation

assistant: The best answer is B. holding that selling tshirts from a vending cart is an occupation protected under the constitution
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: Comply in all material respects with its Organizational Documents and the requirements of all Laws and all orders, writs, injunctions and decrees of any Governmental Authority applicable to it or to its business or property, except if the failure to comply therewith would not reasonably be expected individually or in the aggregate to 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 case excerpt and choose the best holding from the options. Case excerpt: “that an implied warranty to repair or modify existing tangible goods or property in a good and workmanlike manner is available to consumers suing under the DTPA.” Id. at 358-54. Although Nelda’s petition alleged a claim for breach of a common law implied warranty and a claim for breach of the DTPA implied warranty, “consumers of services do not have the protection of a ... common law implied warranty scheme.” See id. at 353. Following Melody Home, a claim for such a breach is available under the DTPA. Accordingly, we conclude the DTPA’s two-year statute of limitations applies. See Tex. Bus. & Com.Code Ann. § 17.565 (Vernon 2002) (limitations); see also Koehler v. Sears, Roebuck & Co., No. 05-98-01325-CV, 2001 WL 611453, at *5 (Tex.App.-Dallas June 6, 2001, no pet.) (mem. op.) (<HOLDING>); Howard v. Fiesta Tex. Show Park, Inc., 980 Options: A. holding statute of limitations for dtpa action including claim for breach of express or implied warranty under the dtpa is two years B. holding that an implied warranty to perform services in a good and workmanlike manner is an action available under the dtpa and is subject to the twoyear limitations provided by the dtpa C. holding plaintiff had to commence his breach of implied warranty action under the dtpa within two years because tjhis special statute of limitations denies plaintiffs alternative proposal of entitlement to recover for breach of the common law implied warranty D. holding that texas law does not recognize an implied warranty that services incidental to helicopter maintenance will be performed in a good and workmanlike manner E. holding that because the dtpa is the only way of pursuing an implied warranty claim for repairs to existing tangible goods such a claim must necessarily be brought within the twoyear dtpa limitations period

assistant: The best answer is B. holding that an implied warranty to perform services in a good and workmanlike manner is an action available under the dtpa and is subject to the twoyear limitations provided by the dtpa
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 and the other Credit Documents and any claims, controversy, dispute or cause of action (whether in contract or tort or otherwise) based upon, arising out of or relating to this Agreement or any other Credit Document (except as may be expressly otherwise provided in any Credit Document) shall be governed by, and construed in accordance with, the law of the State of New York (including Sections 5-1401 and 5-1402 of the New York General Obligations Law, but excluding all other choice of law and conflicts of law rules).

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: Ungar elected not to contest the majority of Islamov’s testimony. Regarding the court’s jurisdiction to enter a judgment against Ungar after making its determination of non-discharge-ability, our review is de novo. We agree with the determinations of the other circuits that have addressed this issue and unanimously concluded a “bankruptcy court, in addition to declaring a debt non-dischargeable, has jurisdiction to liquidate the debt and enter a monetary judgment against the debtor.” Morrison v. W. Builders of Amarillo, Inc. (In re Morrison), 555 F.3d 473, 478 (5th Cir.2009); see also Johnson v. Riebesell (In re Riebesell), 586 F.3d 782, 793 (10th Cir.2009) (collecting cases from the Second, Sixth, Seventh, and Ninth Circuits); Abramowitz v. Palmer, 999 F.2d 1274, 1279 (8th Cir.1993) (<HOLDING>). Ungar’s argument appears to go further than Options: A. holding creditor willfully violated the automatic stay in refusing after notified of debtors bankruptcy filing to turn over debtors funds in his possession B. holding that a debtors 522d1 exemption was invalid when the debtor exempted proceeds from the prepetition sale of the debtors marital home which were paid to a judgment creditor with an attachment on the debtors interest in the home C. holding that a lender who held a deed of trust had priority over a debtors subsequent judgment creditor D. holding a bankruptcy court possessed relatedto jurisdiction to impose a constructive trust on a debtors home and enter a monetary judgment against the debtors wife where the wife had colluded in perpetrating a fraud on the creditor E. holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons

assistant: The best answer is D. holding a bankruptcy court possessed relatedto jurisdiction to impose a constructive trust on a debtors home and enter a monetary judgment against the debtors wife where the wife had colluded in perpetrating a fraud on the creditor
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: from a collateral source should be deducted from an award to a plaintiff in an employment discrimination action based on both federal and state law. However, the Second Circuit has noted, in the context of an employment discrimination case, that “while collateral source payments do represent an additional benefit to the plaintiff, we note a sister circuit’s view that ‘[a]s between the employer, whose action caused the discharge, and the employee, who may have experienced other noncompensable losses, it is fitting that the burden be placed on the employer.’ ” Promisel v. First American Artificial Flowers, Inc., 943 F.2d 251, 258 (2d Cir.1991), cert. denied, 502 U.S. 1060, 112 S.Ct. 939, 117 L.Ed.2d 110 (1992) (quoting Maxfield v. Sinclair International, 766 F.2d 788, 795 (3d Cir.1985) (<HOLDING>), cert. denied, 474 U.S. 1057, 106 S.Ct. 796, Options: A. holding that an evidentiary hearing is not required prior to the termination of social security disability benefits B. holding a social security number is not private C. holding that use of social security benefits satisfied child support obligation D. holding that social security benefits should not be set off from adea lost wages award E. holding that offset for social security retirement benefits does not include federal disability benefits and stating that there was no legislative intent to embody the entire subchapter of the social security act dealing with both disability benefits and old age benefits

assistant: The best answer is D. holding that social security benefits should not be set off from adea lost wages award
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: relevance to the juiy.”); but see Rowlett v. Anheuser-Busch, Inc., 832 F.2d 194, 200 (1st Cir.l987)("[T]he district court was correct in using the [McDonnell Douglas ] framework in the instructions to the jury” because “[i]t is a straightforward way of explaining how to consider whether there is intentional discrimination”); abrogated on other grounds by Iacobucci v. Boulter, 193 F.3d 14, 27 (1st Cir.1999); Lynch v. Belden & Co., Inc., 882 F.2d 262, 269 (7th Cir.1989)("[I]t was proper for the district court to instruct the jury as to the McDonnell Douglas/Burdine formula for evaluating indirect evidence.... [Such an instruction] accurately informed the jury of the parties’ burdens ...” (footnote omitted)); Faulkner v. Super Valu Stores, Inc., 3 F.3d 1419, 1425 & n. 3 (10th Cirl993) (<HOLDING>). Id. at 540 n. 6. 7 . For example, requested Options: A. holding that in reviewing a jury instruction this court must review the entire instruction and look at all the evidence on the record to determine whether there was error and whether that error prejudiced the complaining party B. holding that in a criminal trial the trial court must correct or amend an improper instruction if the proper instruction is necessary for the jury to understand the case C. holding that there was no error in a jury instruction that incorporated the entire mcdonnell douglas formulation because it set forth the proper allocation of proof and directed the jury that age must be the determinative factor in the failure to hire D. holding that the district courts failure to instruct the jury as to the proper standard of proof constituted plain error E. holding that although it is proper to instruct the jury that it may consider whether the factual predicates necessary to establish the prima facie case have been shown it is error to instruct the jury on the mcdonnell douglas burden shifting scheme

assistant: The best answer is C. holding that there was no error in a jury instruction that incorporated the entire mcdonnell douglas formulation because it set forth the proper allocation of proof and directed the jury that age must be the determinative factor in the failure to hire
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 a sale of a homestead). However, a chapter 13 debtor cannot be compelled to do so. Even if the debtors had formed an intention to sell their house before the confirmation of their plan, they could not be compelled to use the proceeds to pay creditors under their chapter 13 plan. c. Exempt Prepetition Property Whether prepetition property, sold by the debtor after plan confirmation, is exempt is not directly relevant to the foregoing analysis. Under a chapter 13 plan, the debtor is entitled to keep all of the debtor’s prepetition property, whether or not it qualifies under the applicable exemption laws. Tomasso appears to consider the exempt status of an asset as a factor in determining whether it is § 1325 disposable income. See In re Tomasso, 98 B.R. 513, 515 (Bankr.S.D.Cal.1989) (<HOLDING>). However, that opinion was subsequently Options: A. holding that exempt portion of a lump sum personal injury settlement is not included in disposable income but nonexempt portion is so included B. holding that a debtors disposable income as calculated under 11 usc 1325b2 is not the same as a debtors projected disposable income but that it can be used as the presumptive projected disposable income C. holding that projected disposable income for abovemedian debtors is disposable income as defined by 1325b D. holding that personal injury settlement proceeds are disposable income to the extent that they are not reasonably necessary for the support of the debtors E. holding that clear language in one portion of a later may cause ambiguity in another portion to dissipate

assistant: The best answer is A. holding that exempt portion of a lump sum personal injury settlement is not included in disposable income but nonexempt portion is so included
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 amendment of any provision of this Agreement shall be effective unless it is in writing and signed by all Parties and no waiver of any provision of this Agreement, and no consent to any departure by any Party therefrom, shall be effective unless it is in writing and signed by the other Parties, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided for in this Agreement and in Exhibit B to this Agreement (which constitutes a material provision of this Agreement), any controversy, dispute or claim directly or indirectly arising out of or relating to this Agreement, or the breach thereof, or arising out of or relating to the employment of Employee, or the termination thereof, shall be resolved by binding arbitration pursuant to Exhibit B.

assistant: Arbitration
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 ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS OF THE PARTIES IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT HEREOF OR THEREOF. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF AN ACTION, (B) SUCH PARTY HAS CONSIDERED AND UNDERSTANDS THE IMPLICATIONS OF THIS WAIVER, (C) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY AND (D) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 9(G).

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 legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH AND GOVERNED BY THE LAW OF THE STATE OF NEW YORK. EACH PARTY TO THIS AGREEMENT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, the Company's Intellectual Property Agreement, and the Restricted Stock Units Agreement, shall supersede and replace all prior agreements or understandings relating to the subject matter hereof, and no agreement, representations or understandings (whether oral or written or whether express or implied) which are not expressly set forth in this Agreement have been made or entered into by either party with respect to the relevant matter hereof.

assistant: Entire Agreements
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: In case any one or more of the provisions contained in the Plan shall be found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions in the Plan shall not in any way be affected or impaired.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: credit. This appeal followed. LAW/ANALYSIS Foggie asserts the circuit court erred in (1) failing to find substantial evidence supports the Commission’s finding that he is entitled to permanent total disability compensation benefits, (2) affirming the Commission’s finding that General Electric is entitled to credit for an unrelated award of 10% permanent partial disability to Foggie’s leg, and (3) failing to reject General Electric’s claimed credit for Foggie’s alleged service-related disability. General Electric contends, however, the order of the circuit court is interlocutory and therefore not directly appealable. We agree with General Electric, and thus dismiss this appeal. Appellate review of workers’ compensation decisions is governed by the Administr , 316 S.E.2d 385, 385 (1984) (<HOLDING>); Hunt v. Whitt, 279 S.C. 343, 343, 306 S.E.2d Options: A. holding the commissions order reversing an award and remanding the case to the single commissioner to take further testimony was not final and not appealable to the circuit court until the commissions final determination regarding the single commissioners award the court construed the language in a provision of the code that states appeals from the commission to the circuit court shall be under the same terms and conditions as govern appeals in ordinary civil actions and stated an appeal to the circuit court will not lie from an interlocutory order of the commission unless it affects the merits citation omitted B. holding the order is only reviewable if actually considered by the district court C. holding an appeal from a circuit court order remanding a workers compensation case for the purpose of making specific findings of fact is interlocutory and not reviewable by the court of appeals D. holding that a transfer order issued by a district court in another circuit is reviewable only in the circuit of the transferor district court E. holding the order of the circuit court did not involve the merits of the action and was therefore interlocutory and not reviewable by the supreme court for lack of finality

assistant: The best answer is E. holding the order of the circuit court did not involve the merits of the action and was therefore interlocutory and not reviewable by the supreme court for lack of finality
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: It is a statutory trust duly organized, validly existing and in good standing under the laws of the State of Delaware, and has full power and authority to own its properties and to conduct its business as such properties are currently owned and such business is presently conducted, and to execute, deliver and perform its obligations under this Agreement and each other Transaction Document to which it is a party.

assistant: Organizations
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: she argues that that affidavit demonstrates that Mandeville’s testimony regarding DMV complaints about Bucci is not worthy of belief. It is important to note, however, that San Bento said in his affidavit that he did not recall making any complaints about Bucci and that he found her to be “professional, efficient and competent.” But Mandeville never said that it had been San Bento who had made a complaint to her about Bucci. Indeed, other employees from the DMV, or employees from motor-vehicle departments from other states, may well have complained about Bucci’s performance. When a plaintiff attempts to counter a claim by an employer that it fired an employee for poor performance, it is simply not sufficient for a plaintiff to present evidence that her performance wa (7th Cir.2007) (<HOLDING>). Further, the policy states that there are Options: A. holding that inconsistency in employers reasons for the termination is an indication of pretext B. holding that the statement in the employers progressive discipline policy that in situations where employee behavior warrants immediate termination the stages of this process do not need to be followed granted the employer unbounded discretion to discharge employees without following the guidelines C. holding failure to follow progressive discipline does not demonstrate pretext when use of the policy is entirely discretionary D. holding no pretext for not following progressive discipline where policy contemplated immediate termination for certain offenses E. holding failure to follow progressive discipline policy does not constitute pretext when employer reserves right to fire atwill employees without notice

assistant: The best answer is D. holding no pretext for not following progressive discipline where policy contemplated immediate termination for certain offenses
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: v. United States, 98 U.S. 145, 158-59 (187[8]). Id. at 62. ¶ 38. Reynolds was one of the first federal decisions to elaborate on the forfeiture by wrongdoing doctrine. In Reynolds, the defendant, George Reynolds, claimed that his right to confront a witness was violated when the lower court admitted into evidence testimony that was given at a former trial for the same offense with the same parties but under another indictment. Reynolds, 98 U.S. at 153. The witness, who was the alleged second wife of the accused, testified at a former trial against Reynolds. Id. at 160. At the former trial, the accused was present during her testimony and given the full opportunity to cross-examine the witness. Id. at 161. Prior to and after the commencement of the second trial, an officer attem (<HOLDING>). ¶ 41. The Eighth Circuit appears to be the Options: A. holding that a defendant did not waive his right to be present at an ex parte encounter between the judge and juror because he was not present at the time of the communication and therefore had no opportunity to object when the error was committed B. holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present C. holding that a defendant can lose his right to be present at trial if after a warning by the judge he continues his disruptive behavior D. holding that the failure by a criminal defendant to invoke his right to be present at a conference which he knows is taking place between the judge and a juror in chambers constitutes a valid waiver of that right E. holding that appellant forfeited his complaint regarding his postadjudication sentence because he did not object at trial or present his motion for new trial

assistant: The best answer is C. holding that a defendant can lose his right to be present at trial if after a warning by the judge he continues his disruptive behavior
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: expressly stated the federal constitution as the basis for his objection, was sufficient to preserve an appellate challenge based on state constitutional grounds. Id. at 536-37. The Heidelberg court held that presenting a claim based solely on federal grounds is not sufficient to put the trial court on notice of claims based on state grounds, unless the state ground is apparent fi’om the context. Id. at 538. The Heidelberg court considered the following factors in determining whether the defendant’s ground for objection was apparent: (1) the context and substance of the question to which the defendant objected, i.e. whethe .-Amarillo 1999, pet. ref d) (stating that defendant did not preserve state constitutional challenge to his right to confront witnesses against him bec im.App.1985) (<HOLDING>); Coleman v. State, 644 S.W.2d 116, 119 Options: A. holding that defendants general objection to states specific questions regarding defendants failure to appear before grand jury was sufficient to put trial court on notice of objection based on defendants constitutional right to remain silent B. holding that appellate court could not consider objection to testimony when defendant objected at trial on different grounds C. holding that error was preserved when defendant objected to question regarding defendant was under arrest immediately following question about postarrest event sufficient to put trial court on notice of appellants state constitutional grounds for objection D. holding an issue was preserved in part because the trial court immediately understood the basis of the objection E. holding that although the defendant had preserved his objection to the constitutionality of a mental state requirement he had not preserved another constitutional objection

assistant: The best answer is C. holding that error was preserved when defendant objected to question regarding defendant was under arrest immediately following question about postarrest event sufficient to put trial court on notice of appellants state constitutional grounds for objection
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: based on uncharged conduct — specifically, state tax losses. Pursuant to section 1B1.3(a)(2) of the Guidelines, “relevant conduct” includes any acts or omissions that were “part of the same course of conduct or common scheme or plan as the offense of conviction.” The Guidelines define “common scheme or plan” as two or more offenses that are “substantially connected to each other by at least one common factor, such as ... common accomplices, common purpose, or similar modus operandi.” U.S.S.G. § IB 1.3, cmt. n. 9(a). After review, we conclude that the fraudulent submissions to both the state and federal governments, which occurred in the exact same manner by the same perpetrators, were part of a “common scheme or plan.” See United States v. Fitzgerald, 232 F.3d 315, 318 (2d Cir.2000) (<HOLDING>). Fourth, White contends that she was denied a Options: A. holding crimefraud exception applied to testimony of attorney and accountant who prepared his clients tax returns during grand jury investigation for tax evasion B. holding that franchisees tax evasion scheme provided cause for termination C. holding that state and city tax evasion considered relevant conduct under conviction for federal tax evasion D. holding that failure to make any tax payment despite having resources sufficient to pay all or a substantial portion of tax liability constitutes evasion E. holding in tax case that the sophisticated means enhancement applied even when each step in the planned tax evasion was simple because when viewed together the steps comprised a plan more complex than merely filling out a false tax return

assistant: The best answer is C. holding that state and city tax evasion considered relevant conduct under conviction for federal tax evasion
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: F.3d 783, 851 (4th Cir. 2011) (finding ineffective assistance due to counsel’s blind acceptance of the government’s multiple pieces of forensic evidence, “including the medical examiner’s time-of-death opinion, the pubic hairs allegedly recovered from [the victim’s] bed, the nature of the ‘Item T’ materials removed from [the victim’s] bloody abdomen, and the fingerprint lifted from the blood-smeared toilet in [the victim’s] en suite bathroom”); Roberts v. Howton, 13 F.Supp.3d 1077, 1100-03 (D. Or. 2014) (ruling that counsel was ineffective for advising his client to plead guilty, as counsel failed to investigate preliminary cell tower evidence that could pinpoint the location and direction the defendant was traveling); United States v. Evans, 892 F.Supp.2d 949, 956-57 (N.D. Ill. 2012) (<HOLDING>). Additionally, in this case, Swartz did not Options: A. holding that the governments use of a specific theory of cell tower analysis was unreliable but noting that other methods of cell site analysis have been tested by the scientific community B. holding that materiality analysis turns on the cumulative effect of the suppressed evidence not an itembyitem analysis C. recognizing that statements admissible under an exception to the hearsay rule may be inadmissible when tested against the confrontation clause because confrontation clause analysis differs from hearsay rule analysis D. holding that the issue of waiver requires an analysis of the specific facts in each case E. recognizing that harmless error analysis is applicable if no reasonable administrative factfinder following the correct analysis could have resolved the factual matter in any other way quotation omitted

assistant: The best answer is A. holding that the governments use of a specific theory of cell tower analysis was unreliable but noting that other methods of cell site analysis have been tested by the scientific community
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: Schedule 3.20 sets forth a true, complete and correct description of all material insurance maintained by or on behalf of each Loan Party and the Material Subsidiaries or otherwise in respect of the Mortgaged Vessel as of the Closing Date. As of such date, such insurance is in full force and effect in all material respects.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the domestic Laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the Laws of any jurisdiction other than the State of Delaware. Each party hereby submits to the exclusive jurisdiction and venue of any state or federal court sitting in the State of Delaware, in any action or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby and agrees that all claims in respect of such action or proceeding may be heard and determined in any such court. Each party waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought.

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: the bearer bonds had not yet been detected at that date, the further concealment of the $18 million in profits was either direct actual loss from the con tinuing offense or relevant uncharged conduct committed during the original offense. Therefore, those profits were properly considered in establishing the total loss. B. Whether the $18 Million Profits Were Properly Found by the Court Brennan argues that even if it is proper to consider the profits made as part of the bankruptcy fraud, the District Court did not make its own factual findings with respect to the profits, but merely adopted the facts in the presentence investigation report, in violation of former Fed. R.Crim.P. 32(c)(1) (2001) (now Fed. R.Crim.P. 32(i)(3)(B)). See United States v. Evans, 155 F.3d 245, 253 (3d Cir.1998) (<HOLDING>); Cherry, 10 F.3d at 1013-14 (Fed. R.Crim.P. Options: A. recognizing that factual findings were clearly erroneous where the record before the court was simply devoid of any basis for the district courts conclusion B. holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record C. holding that the trial courts putting its findings on the record at the conclusion of the states case was sufficient to satisfy 152538 because that section does not specifically limit the time within which the court must state the findings D. holding that the district court must make findings on the record as to the basis for its conclusion about the amount of actual loss E. holding that the district court determines the amount of loss under the preponderance of the evidence standard

assistant: The best answer is D. holding that the district court must make findings on the record as to the basis for its conclusion about the amount of actual loss
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 Bank may amend this Agreement unilaterally by written action. Any amendment of the Agreement shall be made pursuant to a resolution of the Board of Directors of the Bank and shall be effective as of the date of such resolution.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Employee acknowledges that (a) the Business of the Company and its affiliates is national in scope and may expand over time; (b) its products and services related to such Business are marketed throughout the United States; (c) the Business of the JPE Companies competes with other businesses that are located throughout the United States; (d) the provisions of this Section 9 are reasonable and necessary to protect and preserve the Company’s good will and Confidential Information; (e) this Section 9 is reasonable with respect to its duration, geographical area and scope; (f) the terms of this Section 9 are necessary to safeguard the Company’s Confidential Information; and (g) the Company would be irreparably damaged if the Employee were to breach this Section 9. In the event of a breach by the Employee of any covenant set forth in this Section 9, the term of such covenant with respect to the Employee will be extended by the period of the duration of such breach.

assistant: Enforcements
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: Unless ground handling is being provided by Airborne Global, LGSTX or another Airborne Global Provider under a separate Work Order as described in Section 2.8.1 , Amazon will ensure and require that all Personnel performing such ground handling and cargo handling functions are fully trained and qualified, and that all required training and evaluations are current and documented, in accordance with the relevant Carrier’s FAA-approved programs and, further, that all equipment employed in providing such functions is serviceable, as determined in accordance with applicable FAA requirements and the Carrier’s FAA-approved programs. For purposes of this Section 2.8.2 , Amazon’s obligation to ensure compliance with applicable FAA requirements and a Carrier’s FAA-approved program will apply only to the extent such Carrier has provided a copy of such FAA-approved program and FAA requirements at least 30 days in advance of Amazon performing any such functions to enable Amazon to timely train and meet such program and requirements. Carrier will provide a copy of any program (or amendment) for which FAA approval is required at the same time such program (or amendment) is submitted to the FAA and will advise Amazon in writing immediately upon receipt of approval and provide a copy of the final approved program (or amendment) and any conditions attached to such approval.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, an aggregate of up to $4,650,000 principal amount of Notes together with Warrants as determined pursuant to Section 2.2(a) (such purchase and sale being the “ Closing ”). Each Purchaser shall deliver to the Escrow Agent such Purchaser’s Subscription Amount, and the Company shall deliver to each Purchaser its respective Note and Warrants, as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur at the offices of G&M or such other location as the parties shall mutually agree. Notwithstanding anything herein to the contrary, the Closing Date shall occur on or before May 31, 2018 (the “ Termination Date ”). With respect to any Closing not held on or before the Termination Date, the Escrow Agent shall cause (i) all subscription documents executed by the Company or a Purchaser to be returned to the Company or such Purchaser, as applicable, and (ii) each Subscription Amount to be returned, without interest or deduction to the Purchaser who delivered such Subscription Amount.

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 legal provision and list the applicable contract clause categories. Provision: If the Founders Agreement is terminated in accordance with its terms prior to the Founders Closing, this Agreement shall automatically terminate without any further action by any person and be void ab initio , and neither the Company, Executive, nor any other person shall have any liability under this Agreement if the Founders Closing does not occur for any reason (and, for the avoidance of doubt, the Prior Agreement shall remain in full force and effect).

assistant: Effectiveness