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: United States v. Deemer, 354 F.3d 1130, 1132 (9th Cir.2004) (describing the emergency exception); or pursuant to a carefully circumscribed warrant, cf. United States v. Tamura, 694 F.2d 591, 595-96 (9th Cir.1982) (permitting, in some instances involving intermingled documents, the seizure of many documents followed by the ability to seek a warrant for material not initially covered by a warrant). After OFAC has blocked the assets so that asset flight is foreclosed, OFAC then can obtain a warrant specifying the particular assets. In any event, OFAC has not given us any reason why it could not have obtained a warrant here. We hold that the “special needs” exception does not apply to the seizure of AHIF-Oregon’s assets by OFAC under EO 13,224. See KindHearts II, 647 F.Supp.2d at 879-82 (<HOLDING>). 2. “General Reasonableness” Test OFAC also Options: A. recognizing the rule and the exception but holding facts did not support claim to exception B. recognizing special circumstances exception C. holding that drug testing of customs employees falls within the special needs exception for similar reasons D. holding that the special needs exception did not apply to very similar facts E. holding that the special relationship exception did not apply because the decedent was not in defendants custody

assistant: The best answer is D. holding that the special needs exception did not apply to very similar 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 legal provision and list the applicable contract clause categories. Provision: Eligibility in the Plan is limited to Officers and Key Managers of Snyder’s-Lance, Inc. who are key to Snyder’s-Lance, Inc. success. The Compensation Committee of the Board of Directors (the “Compensation Committee”) will review and approve for each Plan Year the participants nominated by the Chief Executive Officer. Participation in one year does not guarantee participation in a following year, but instead will be reevaluated and determined on an annual basis.

assistant: Participations
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 laws of the State of New York without regard to principles of conflicts oflaws. Any action brought by either party against the other concerning the transactions contemplated by this Agreement shall be brought only in the state courts of New York or in the federal courts located in the state and county of New York, or the Federal courts within the southern or eastern districts of New York. The parties to this Agreement hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon.forum non conveniens. The Company and Buyer waive trial by jury. The prevailing party shall be entitled to recover from the other party its reasonable attorney’s fees and costs. In the event that any provision of this Agreement or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement or any other Transaction Document by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law.

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: During your employment you shall devote all of your business time energy and skill to the performance of your duties to the Company and will hold no other employment, except for any employment approved in advance by the Company’s Board of Directors. Notwithstanding the foregoing, nothing herein shall preclude you from managing your personal or family investments or engaging in any other non-competing activities provided such activities do not interfere with the regular performance of your duties and responsibilities to the Company.

assistant: Duties
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 permitted or not expressly prohibited by applicable law, in connection with the obligations and liabilities as aforesaid, Borrower hereby waives (1) notice of any actions taken by any Bank Party under this Agreement, any other Loan Document or any other agreement or instrument relating hereto or thereto except to the extent otherwise provided herein; (2) all other notices, demands and protests, and all other formalities of every kind in connection with the enforcement of the Obligations, the omission of or delay in which, but for the provisions of this Section 12.14, might constitute grounds for relieving Borrower of its obligations hereunder; (3) any requirement that any Bank Party protect, secure, perfect or insure any Lien on any collateral or exhaust any right or take any action against Borrower or any other Person or any collateral; (4) any right or claim of right to cause a marshalling of the assets of Borrower; and (5) all rights of subrogation or contribution, whether arising by contract or operation of law (including, without limitation, any such right arising under the Bankruptcy Code) or otherwise by reason of payment by Borrower, pursuant to this Agreement or any other Loan Document.

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: Notwithstanding the Parties entering into any further agreement or arrangement, or any other event or occurrence, the provisions of this Agreement relating to nondisclosure (including the provisions relating to the breach of this Agreement) or use of the Information shall remain in full force and effect for ________ years or as long as the Information is confidential and non-public, whichever is less, unless otherwise agreed to in writing by the Parties hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Transition Period, the Company will pay the Executive a base salary at a rate of $800,000 per year (the “ Base Salary ”), payable in accordance with the Company’s payroll policies.

assistant: Base Salary
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 conjunction with Section 8.5, nothing provided herein shall constitute a transfer of ownership of one party’s intellectual property (“IP”, further defined below) to the other party. Any IP developed through the performance of the Agreement, irrespective of possession of such IP, shall be owned solely by the developing party. In the event that IP is jointly developed, it shall be jointly and equally owned by the parties.

assistant: Intellectual Property
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: With regard to any information, materials or opinions disclosed relating to the freedom to operate under the licenses granted hereunder, which information, materials or opinions are regarding intellectual property or technology owned by Third Parties that may affect the conduct of Company and the activities contemplated by this Agreement, the Parties agree that they have a common legal interest in determining whether, and to what extent, such Third Party intellectual property rights may affect the conduct of Company and the activities contemplated by this Agreement, and have a further common legal interest in defending against any actual or prospective Third Party claims based on allegations of misuse or infringement of intellectual property rights relating to Company. All such information, materials and opinions will be treated if applicable as protected by the attorney-client privilege, the work product privilege, and any other privilege or immunity from discovery that may otherwise be applicable. By sharing any such information, materials or opinions, neither Party intends to waive or limit any privilege or immunity from discovery that may apply to the shared information and materials. Neither Party shall have the authority to waive any privilege or immunity on behalf of the other Party without such other Party’s prior written consent, nor shall the waiver of privilege or immunity resulting from the conduct of one Party be deemed to apply against the other Party. In addition, with regard to (i) the prosecution of Patents for intellectual property developed, conceived, or reduced to practice by or on behalf the Company and governed by the Collaboration Agreement and (ii) other relevant matters, the Parties shall enter into (with TOTAL) a reasonable common interest agreement, with the consent to the terms not to be unreasonably withheld.

assistant: 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: Any sales, use, excise or other taxes (other than Vendor's income taxes or such other taxes which are the responsibility of Vendor such as those with respect to Vendor’s employees or real estate for example) payable in connection with or attributable to the Services shall be paid by Customer in accordance with Section 7.

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: In the event that any section, subsection or provision of this Agreement shall be determined to be partially contrary to governing law or otherwise partially unenforceable, the section, subsection or provision of this Agreement shall be enforced to the maximum extent permitted by law, and if any section, subsection or provision of this Agreement shall be determined to be totally contrary to governing law or otherwise totally unenforceable, the section, subsection or provision shall be severed and disregarded and the remainder of this Agreement shall be enforced to the maximum extent permitted by law.

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 legal provision and list the applicable contract clause categories. Provision: Schedule J includes a correct and complete list and description, including policy number, coverage and deductible, of all insurance policies owned by the Company, complete copies of which policies have previously been delivered to Purchaser by Sellers. Such policies are in full force and effect, all premiums due thereon have been paid and the Company is not in default thereunder. Such insurance policies are of the type and in the amounts customarily carried by Persons conducting a business similar to the Business and are sufficient for compliance with all applicable Laws and Contracts to which the Company is a party or by which it is bound. The Company has not received any notices of cancellation or intent to cancel or increase or intent to increase premiums with respect to such insurance policies nor is there any basis for any such action. There are no pending claims or any claims in the past five (5) years with any insurance company by the Company and there were no instances within the previous five (5) years of a denial of coverage of the Company by any insurance company.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: send or post any unsolicited or unauthorized advertising , `` junk mail , '' `` spam , '' `` chain letters , '' `` pyramid schemes , '' or any form of solicitation unauthorized by linkedin ;

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 governed and controlled as to validity, enforcement, interpretation, construction, effect and in all other respects by the internal Laws of the State of Delaware applicable to contracts made in that state, without giving effect to any choice of law or conflict of law provision or rule that would cause the application of the Laws of any jurisdiction other than the State of Delaware.

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: All notices and other communications under this Agreement shall be in writing and shall be given in person or by either personal delivery, facsimile with confirmation of receipt, overnight delivery, or first class mail, certified or registered with return receipt requested, with postal or delivery charges prepaid, and shall be deemed to have been duly given when delivered personally, or three days after mailing first class, certified or registered with return receipt requested, (i) if to the Company, to the Company’s headquarters, attention to the Executive Vice President, General Counsel & Corporate Secretary of the Company, and (ii) if to Executive, to Executive’s address on file in the Company’s records.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For one year following the termination of Executive’s employment, Executive agrees to reasonably cooperate with the Company and its affiliates and their respective directors, officers, attorneys and experts, and take all actions the Company or its affiliates may reasonably request, with respect to any investigation, government inquiry, administrative proceeding or litigation relating to any matter in which Executive was involved during the Employment Term. Any cooperation requests shall take into account Executive’s personal and business commitments, and Executive shall be reasonably compensated for his time (if appropriate for the matter) and further reimbursed for any reasonable expenses incurred in connection with such cooperation within thirty (30) days of providing an invoice to the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: it did not reach the question of immunity. Given the conclusions we have reached, however, it is necessary for us to do so. Under § 820.2, a public employee cannot be held liable for any injury resulting from “his act or omission where the act or omission was the result of the exercise of discretion vested in him, whether or not such discretion be abused.” The City correctly asserts that § 820.2 applies to county social workers engaged in investigating allegations of child abuse, and extends to other public employees whom those social workers “reasonably enlist to assist in the investigation.” Newton v. County of Napa, 217 Cal.App.3d 1551, 266 Cal.Rptr. 682, 687 (Cal.App.1990); Alicia T. v. County of Los Angeles, 222 Cal.App.3d 869, 271 Cal.Rptr. 513, 519-20 (Cal.App.1990) (<HOLDING>). This immunity provides complete protection Options: A. holding failure to exercise discretion is abuse of discretion B. holding that the workers compensation act is to be liberally construed in the employees favor and any doubt in its construction is thus resolved in favor of the employee C. holding that social workers immunity is designed to protect the continu ing exercise of discretion in favor of the protection of minor children D. holding that in its review of the irs exercise of discretion the court is limited to a review of the administrative record E. holding that under mayfield the exercise of discretion based on a mistaken premise of law can be a failure to properly exercise discretion

assistant: The best answer is C. holding that social workers immunity is designed to protect the continu ing exercise of discretion in favor of the protection of minor children
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in this case Ameri-trade is saved from the jurisdiction of the district court by a much more mundane problem: the plaintiff simply failed to serve the corporation properly. For that reason, and for that reason alone, the judgment of the district court is Affirmed. 1 . D.C.Code § 13-334(a) provides: In an action against a foreign corporation doing business in the District, process may be served on the agent of the corporation or person conducting its business, or, where he is absent and can not be found, by leav- ing a copy at the principal place of business a finding of specific jurisdiction on the mailing of an insurance contract into the state and the mailing of premiums from the state); Travelers Health Ass’n v. Virginia, 339 U.S. 643, 648, 70 S.Ct. 927, 94 L.Ed. 1154 (1950) (<HOLDING>); Neogen Corp. v. Neo Gen Screening, Inc., 282 Options: A. holding that if an insurance company is as a matter of state law liable to a plaintiff in the personal injury action subsequent discharge of the assured in bankruptcy does not alter the obligation of the insurance company and further finding that it is the policy of the law to discharge the bankrupt but not to release from liabilities those who are liable with him B. holding that a sovereign had waived its immunity where it was party to a consulting contract with a choiceoflaw provision that explicitly stated in the event of any controversy this agreement shall be construed and interpreted according to the laws of the state of virginia in the united states C. holding that virginia statute prohibiting insurance companies from unreasonably discriminating in establishing ppos is covered by erisas preemption provision because it restricts the ability of an insurance company to limit the choice of providers that otherwise would confine the participants of an employee benefit plan to those preferred by the insurer D. holding that an insurance company that does not deliver a policy to a certificate holder is estopped from asserting exclusions contained in the policy but not revealed in the certificate E. holding that an omaha mailorder company with no physical presence in virginia was subject to virginia regulation because it did not engage in mere isolated or shortlived transactions its insurance certificates systematically and widely delivered in virginia create continuing obligations between the association and each of the many certificate holders in the state

assistant: The best answer is E. holding that an omaha mailorder company with no physical presence in virginia was subject to virginia regulation because it did not engage in mere isolated or shortlived transactions its insurance certificates systematically and widely delivered in virginia create continuing obligations between the association and each of the many certificate holders in the state
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall in all respects, including all matters of construction, validity and performance, be governed by, and construed and enforced in accordance with, the laws of the State of New York, without regard to any rules governing conflicts of laws.

assistant: Applicable 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: sexual assault victims.” Id. at 1026. Conversely, in People v. Spicola, the New York Court of Appeals recently held “the trial judge did not abuse his discretion when he allowed the expert to testify about CSAAS [Child Sexual Abuse Accommodation Syndrome] to rehabilitate the boy’s credibility.” 16 N.Y.3d 441, 922 N.Y.S.2d 846, 947 N.E.2d 620, 635 (2011). Significantly, here, the State offered the challenged expert testimony in its case in chief against Dudley, not in rebuttal. Spi-cola is therefore distinguishable. But, the observation of the Spicola dissent (concluding that allowing an expert to connect general characteristics to a specific complainant is equivalent to bolstering the victim’s credibility and is therefore inadmissible); State v. Foret, 628 So.2d 1116, 1130 (La.1993) (<HOLDING>); Commonwealth v. La-Caprucia, 41 Mass.App.Ct. Options: A. holding trial court was proper in admitting a doctors testimony that a delay between the occurrence of an incident of child sexual abuse and the childs revelation of the incident was the usual pattern of conduct for victims of child sexual abuse B. holding that an expert testifying to child sexual abuse symptoms must limit the testimony to general characteristics that cannot directly concern the particular victims C. holding defendants prior conviction for assault related to sexual abuse of a minor even though it did not require an act of sexual abuse because it required intent to commit sexual abuse and such a mens rea demonstrate the offense was one relating to sexual abuse D. holding that the testimony of an expert witness is admissible when the witness outlines the general characteristics of sexually abused children and then states that the victims symptoms are consistent with those characteristics E. holding that the trial court abused its discretion by allowing expert testimony that directly linked the characteristics of sexually abused children to the complainants in this case

assistant: The best answer is B. holding that an expert testifying to child sexual abuse symptoms must limit the testimony to general characteristics that cannot directly concern the particular victims
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: Connecticut. Consequently, the court has no information on the precise content of these histories, and must base its decision solely on the records from Connecticut. See footnote 4, supra. 9 . Camara’s birth date and driver's license expiration date are not protected. In the definition of "personal information,” section 2725(3) lists an individual's "photograph, social security number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information....” 18 U.S.C. § 2725(3). Applying the interpretive doctrine of expressio unius est exclusio alterius, the statute cannot be read to apply to an individual's birth date nor his driver's license expiration date. See Frank G. v. Bd. of Educ., 459 F.3d 356, 370 (2d Cir.2006) (<HOLDING>). 10 . Courts turn to the traditional canons of Options: A. holding that application of the doctrine of expressio unius is proper where the statute identifies a series of two or more terms or things that should be understood to go hand in hand thus raising the inference that a similar unlisted term was deliberately excluded B. holding law of case doctrine is procedural and does not go to jurisdiction of court C. holding that the term occurrence was defined to mean any happening or series of happenings arising out of or due to one event taking place during the term of this contract D. holding that contract terms were ambiguous where the specific term that appellant argued should control a more general term was itself susceptible of two reasonable interpretations E. holding that where a statute uses the disjunctive term or the provisions of the statute plainly encompass two distinct situations

assistant: The best answer is A. holding that application of the doctrine of expressio unius is proper where the statute identifies a series of two or more terms or things that should be understood to go hand in hand thus raising the inference that a similar unlisted term was deliberately excluded
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: (1974), cases which established the 90-day presumption in reference to speedy trial issues. The Kossman Court noted that “several key changes” had occurred in pretrial confinement proceedings since the Burton decision. These changes provided an accused such protections that a 90-day presumption was no longer necessary. Recognizing the realities of military justice logistics, the Court held that the pre-Burton standard of “reasonable diligence” on the part of the government in bringing an accused to trial is appropriate. Kossman, 38 M.J. at 262. In analogizing post-trial delay to the “reasonable diligence” standard of Kossman, the Thomas Court adopted the reasoning of another 90-day presumption case. See Dunlap v. Convening Authority, 23 C.M.A, 135, 48 C.M.R. 751, 1974 WL 13908 (1974) (<HOLDING>). The language adopted from Dunlap referred to Options: A. holding that trial court has no power to allow party to amend motion for new trial more than thirty days after trial court signed the final judgment and that denial of amended motion for new trial filed more than thirty days after judgment preserved nothing for appellate review B. holding the defendant did not demonstrate a denial of his sixth amendment right to a speedy trial where even though the delay was substantial and the defendant was detained pretrial for three years the fault for the delay was shared and the defendant continued to request continuances following his assertion for the right to a speedy trial C. holding that a 19month delay between indictment and trial did not violate the constitutional right to a speedy trial D. holding that 120 days notice was satisfied by 30 days work plus 90 days pay E. holding that a presumption of denial of speedy review occurred when an accused was continuously under restraint after trial and the convening authority did not promulgate the action within 90 days of trial

assistant: The best answer is E. holding that a presumption of denial of speedy review occurred when an accused was continuously under restraint after trial and the convening authority did not promulgate the action within 90 days of trial
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 has been made pursuant to a determination by the Committee and/or the Board of Directors of the Company, and the Committee shall have plenary authority to interpret, in its sole and absolute discretion, any provision of this Agreement and to make any determinations necessary or advisable for the administration of this Agreement. All such interpretations and determinations shall be final and binding on all persons, including the Company, the Award Recipient, his or her beneficiaries and all other interested parties. Subject to the terms of the Plan, this Agreement may be amended, in whole or in part, at any time by the Committee; provided, however , that no amendment to this Agreement may adversely affect the Award Recipient's rights under this Agreement without the Award Recipient's consent except such an amendment made to cause the Award to comply with applicable law, stock exchange rules or accounting rules, including as permitted under paragraph 17(b).

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: From the Effective Date until Closing, Seller shall continue to maintain the Properties or cause the Properties to be maintained in good condition and repair, and shall continue to maintain or cause to be maintained all insurance for the Properties in the same or greater amounts, with the same or greater coverage, and subject to the same or lower deductibles as in existence as of the Effective Date.

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: There is no proceeding (whether Federal, state, local or foreign) pending or, to the Knowledge of Steampunk, threatened against or affecting Steampunk or any of Steampunk’s properties, assets, business or employees. To the Knowledge of Steampunk, there is no fact that might result in or from the basis for any such proceeding. Steampunk is not subject to any orders.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: quotation marks and citation omitted)). Thus, our sole task here is to determine whether the facts have so changed that the principal duties of probation and parole officers now fall within one of the three relevant categories of principal duties of law enforcement officers enumerated in Section 41-4-3(D) of the TCA. {12} As to the first category, “making arrests for crime,” Plaintiff points to no change in the law and admits that probation and parole officers do not devote the majority of their time to making arrests. See Vigil, 1992-NMCA-033, ¶ 19. Consequently, there is no basis for concluding that making arrests for crimes is the principal duty of probation and parole officers. See Dunn v. State ex rel. Taxation & Revenue Dep't, 1993-NMCA-059, ¶ 11, 116 N.M. 1, 859 P.2d 469 (<HOLDING>). {13} As to the second category, Plaintiff Options: A. holding that the director of the new mexico motor v ehicle department who has statutory authority to make arrests was not a law enforcement officer because the vast majority of his time and effort are involved in administrative matters internal quotation marks omitted B. recognizing that the nsa qualifies as a withholding statute under exemption 3 because it refers to particular types of matters that are to be withheld internal quotation marks and citations omitted C. holding that the decisions of administrative agencies of the state described by article vi section 29 of the constitution of new mexico include regulations adopted by a board emphasis added internal quotation marks and citations omitted D. holding the deprivation of the inmates property interest in his mail is not a cognizable constitutional injury given the availability of adequate state postdeprivation remedies under new york law internal quotation marks omitted E. holding that the state has a compelling interest in protecting the citizens of minnesota from those who pose a severe threat to their health and safety citation omitted internal quotation marks omitted

assistant: The best answer is A. holding that the director of the new mexico motor v ehicle department who has statutory authority to make arrests was not a law enforcement officer because the vast majority of his time and effort are involved in administrative matters internal quotation marks omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 477 U.S. at 324, 106 S.Ct. at 2553; Stults v. Conoco, Inc., 76 F.3d at 656; Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994); Garcia v. Elf Atochem North America, 28 F.3d at 449; Reese v. Anderson, 926 F.2d 494, 498 (5th Cir.1991); Fields v. City of South Houston, Texas, 922 F.2d at 1187; Meyers v. M/V Eugenio C, 919 F.2d at 1072; Lavespere v. Niagara Machine & Tool Works, Inc., 910 F.2d at 178; Isquith v. Middle South Utilities, Inc., 847 F.2d at 198-99; and Fed.R.Civ.P. 56(e). 48 . See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-55, 106 S.Ct. 2505, 2510-14, 91 L.Ed.2d 202 (1986); Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986); MacMillan v. United States, 46 F.3d 377, 380 (5th Cir.1995), (<HOLDING>); Little v. Liquid Air Corp., 37 F.3d at 1075, Options: A. holding that the nonmoving party must do more that simply show that there is some metaphysical doubt as to the material facts B. holding that a nonmovant cannot discharge her burden with doubt as to the material facts by conclusory allegations unsubstanti ated assertions or by only a scintilla of evidence C. holding that the nonmoving party must do more than simply show that there is some metaphysical doubt as to the material facts D. holding that committee failed to carry its ultimate burden E. holding that the nonmovant may not carry its burden by simply showing that there is some metaphysical doubt as to the material facts

assistant: The best answer is E. holding that the nonmovant may not carry its burden by simply showing that there is some metaphysical doubt as to the material 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 legal provision and list the applicable contract clause categories. Provision: Time is of the essence with respect to all Loan Documents and Obligations. The Loan Documents constitute the entire agreement, and supersede all prior understandings and agreements, oral or written, among the parties relating to the subject 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: Borrower is not a party to any agreement or instrument or subject to any restriction which would reasonably be expected to materially and adversely affect Borrower or the Property, or Borrower's business, assets or properties, operations or condition (financial or otherwise). Borrower is not in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any Permitted Encumbrance or any other material agreement or instrument to which it is a party or by which Borrower or the Property is bound. Borrower has no material financial obligation (contingent or otherwise) under any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which Borrower is a party or by which Borrower or the Property is otherwise bound, other than (a) obligations incurred in the ordinary course of the operation of the Property as permitted under Section 3.1.25(d) hereof and (b) obligations under the Loan Documents.

assistant: 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: The Principal Holder agrees not to commence, join in, facilitate, assist or encourage, and agrees to take all actions necessary to opt out of any class in any class action with respect to, any claim or Proceeding against Parent, Purchaser, the Company or any of their respective directors or officers related to the Merger Agreement, the Offer or the Merger, including any claim or Proceeding (a) challenging the validity of, or seeking to enjoin the operation of, any provision of this Agreement or the Merger Agreement or (b) alleging a breach of any fiduciary duty of any Person in connection with the evaluation, negotiation or entry into the Merger Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Brockstedt warrants that he is fully competent to enter into this Agreement and that he does so knowingly and voluntarily. Brockstedt acknowledges that he has carefully read and understands this Agreement, that this Agreement is legally binding, and that he has voluntarily chosen to enter into this Agreement and has not been forced or pressured in any way to sign it. Brockstedt further acknowledges that he has the right to discuss this Agreement with independent counsel of his choice, and that he is encouraged to do so. Brockstedt further acknowledges that he has had a full and fair opportunity to consult with an attorney prior to executing this Agreement, that he has in fact done so, that he has read and understands this Agreement, and that the Agreement is not a product of fraud, duress, or undue influence.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 524, 526-27, 93 S.Ct. 848, 35 L.Ed.2d 46 (1973); Aldridge v. United States, 283 U.S. 308, 314-15, 51 S.Ct. 470, 75 L.Ed. 1054 (1931). Even then, the inquiry in non-death-penalty cases need not be made in every state court case in which the races of the victim and the defendant are different. Ristaino v. Ross, 424 U.S. 589, 597-98, 96 S.Ct. 1017, 47 L.Ed.2d 258 (1976); see generally 5 LaFave, et al., Criminal Procedure § 22.3(a), at 293 (2d ed. 1999) (“[T]he Court has as yet declined to extend the [Ham ] doctrine to matters other than racial prejudice.”). Death penalty cases present special concerns about what voir dire may be constitutionally required, and there are special voir dire rules in such cases. See Turner v. Murray, 476 U.S. 28, 36-37, 106 S.Ct. 1683, 90 L.Ed.2d 27 (1986) (<HOLDING>); see also Morgan v. Illinois, 504 U.S. 719, Options: A. holding no violation of substantial rights occurred during voir dire where record did not show that defendant was denied fair and impartial trial B. holding a defendants due process rights were violated where he was compelled to wear prison clothing during jury voir dire C. holding that the jurors failure to remember particular facts inquired about on voir dire and the jurors misunderstanding of voir dire questions do not constitute probable prejudice D. holding that due process clause entitled deathpenaltyeligible defendant to voir dire questioning on racial bias where defendant was accused of interracial crime E. holding that defendants have a right to be present at voir dire

assistant: The best answer is D. holding that due process clause entitled deathpenaltyeligible defendant to voir dire questioning on racial bias where defendant was accused of interracial crime
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: an issue, the federal court must predict how the state’s highest court would resolve the issue by “relying on guidance from analogous decisions in other states and other legal authorities.” Stratford Sch. Dist., S.A.U. Dist. No. 58 v. Emp’rs Reins. Corp., 162 F.3d 718, 720 (1st Cir.1998). There is a split of authority in other jurisdictions as to whether a hospital can be liable for breach of warranty when it supplies a defective medical device to a patient in the course of providing medical services and treatment. 35 Mass. Practice § 6:14 (2d ed. 2009). A number of federal courts have held that a hospital cannot be subject to strict liability because it is not a seller or distributor of medical devices. See, e.g., Vergott v. Deseret Pharm. Co., 463 F.2d 12, 16 n. 5 (5th Cir.1972) (<HOLDING>); Roell v. Stryker, No. 3:06-cv-443, 2007 WL Options: A. holding that physicians as agents of the hospital are indistinguishable from the hospital for immunity purposes under the lgaa B. holding that a company providing administrative purchasing and financial services to a hospital was not a hospital and thus could not be held directly liable under emtala C. holding that a hospital cannot be strictly liable under texas law for a defective catheter because a hospital is not a seller engaged in the business of selling the product D. holding that care of the grounds was part of the business of the hospital E. holding that because the contract between the hospital and the health insurance company had a hold harmless provision which stated the hospital would not bill or hold insurance subscribers liable for any hospital expenses covered by the subscribers insurance contract and all expenses from the patients treatment for the automobile accident were covered in such contract there was no debt upon which the hospital could assert a lien pursuant to the states hospital lien statute

assistant: The best answer is C. holding that a hospital cannot be strictly liable under texas law for a defective catheter because a hospital is not a seller engaged in the business of selling the product
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, the Executive shall have such authority and responsibility and perform such duties as are customary to the offices the Executive holds or as may be reasonably assigned to him from time to time at the direction of the Company's Board of Directors. During the Employment Period, the Executive's employment shall be full time and the Executive shall perform his duties honestly, diligently, competently, in good faith and in what he believes to be the best interests of the Company and shall use his best efforts to promote the interests of the Company.

assistant: Duties
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: became the only state that requires preser vation of a second breath sample. Because only one state requires this, according to the State, only one manufacturer makes the instrument that captures and preserves a breath sample, and only one company makes the silica gel tubes used for capturing samples. The State also asserts that the second breath sample requirement has prevented New Hampshire “from staying current with emerging technology,” such as models that test each of a subject’s breath samples with two different technologies. For all of these reasons, the State contends that requiring the capture and preservation of a suspect’s breath sample for independent testing is no longer required by due process. See Moss v. Superior Court, 857 P.2d 400, 404-05 (Ariz. Ct. App. 1993) (<HOLDING>), review denied, 868 P.2d 318 (Ariz. 1994). We Options: A. holding that neither the due process clause nor the equal protection clause of the fourteenth amendment require the appointment of counsel on a petition for discretionary review to a state supreme court B. holding that jury trial in civil cases is not so fundamental to the american system of justice as to be required of state courts by due process C. holding that when neither the petitioners state court briefs nor the state courts decision made any reference to any federal constitutional claim or cited any federal constitutional cases the lack of fundamental error found by the state court was a lack of fundamental error under arizonas state constitution D. holding that to declare a denial of due process we must find a denial of fundamental fairness E. holding that because of the reliability and accuracy of the model used by the state to test breath samples neither due process nor fundamental fairness required the state to provide defendants with breath samples

assistant: The best answer is E. holding that because of the reliability and accuracy of the model used by the state to test breath samples neither due process nor fundamental fairness required the state to provide defendants with breath samples