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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to any applicable provisions of United States federal law (including, without limitation, Section 423(b) of the Code), the validity and enforceability of this Plan shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to otherwise governing principles of conflicts of 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 case excerpt and choose the best holding from the options. Case excerpt: interpreted NRS 616C.025(1) Barrick argues that the appeals officer erred in ruling that filing either a notice of injury or a claim for compensation satisfies NRS 6160.025(1). Instead, Barrick contends that NRS 6160.025(1) requires the filing of both a notice of injury, pursuant to NRS 6160.015(1), and a claim for compensation, pursuant to NRS 6160.020(1). Thus, if an employee fails to file either a notice of injury or a claim for compensation, the employee is, at least presumptively, barred from receiving benefits. We agree. The construction of a statute is a question of law subject to de novo review. See State, Dep’t of Mtr. Vehicles v. Lovett, 110 Nev. 473, 476, 874 P.2d 1247, 1249 (1994); see also American Int’l Vacations v. MacBride, 99 Nev. 324, 326, 661 P.2d 1301, 1302 (1983) (<HOLDING>). Additionally, in interpreting statutes, Options: A. holding that this court may independently review the administrative construction of a statute B. holding that there is no right to habeas review of administrative evidentiary determinations before a district court where direct review of the administrative proceedings is available in the appellate courts C. recognizing that this courts construction of a statute becomes as much apart of the statute as the words of the statute itself and that change is a matter that addresses itself to the general assembly not this court 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 review of the construction of a sentencing statute is de novo

assistant: The best answer is A. holding that this court may independently review the administrative construction of a statute
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 are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of any Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Parent Borrower or any of its Subsidiaries that would reasonably be expected to have a Material Adverse Effect.

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: Peaslee simultaneously moved to dismiss the action for lack of personal jurisdiction; his attorney submitted an affidavit asserting that Peaslee was not domiciled in New York and had not transacted any business in New York either on his own account or on behalf of the Yagi entities or Euro Brokers. The Yagi defendants filed similar motions on February 3,1995. On February 6, 1995, plaintiffs moved to remand to the state court for lack of subject-matter jurisdiction, asserting that diversity was incomplete because Cantor Fitzgerald, L.P. was a limited partnership at least one partner of which was a citizen of the United States domiciled abroad, citing Cresswell v. Sullivan & Cromwell, 922 F.2d 60, 68-69 (2d Cir.1990), cert. denied, 505 U.S. 1222, 112 S.Ct. 3036, 120 L.Ed.2d 905 (1992) (<HOLDING>). At a status conference on February 10, 1995, Options: A. holding that general partners must notify limited partners of partnership opportunity to purchase adjacent property but not addressing whether 9404 requires affirmative consent of partners after such notice B. holding that alien on student visa could not lawfully possess intent to be domiciled in the united states C. holding that under the texas uniform partnership act the government was entitled to collect the tax liability indisputably a partnership debt from any one of the general partners D. holding that a diversity suit cannot be maintained against a partnership one of the partners of which is a united states citizen domiciled abroad E. holding that a bivens cause of action cannot be maintained against a federal agency

assistant: The best answer is D. holding that a diversity suit cannot be maintained against a partnership one of the partners of which is a united states citizen domiciled abroad
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 bind and inure to the benefit of the respective successors and assigns of each of the parties; provided , that Borrower may not assign this Agreement or any rights or duties hereunder without the Lenders’ prior written consent and any prohibited assignment shall be absolutely void ab initio. No consent to assignment by the Lenders shall release Borrower from its Obligations. A Lender may assign this Agreement and the other Loan Documents and its rights and duties hereunder and thereunder pursuant to Section 13.1 and, except as expressly required pursuant to Section 13.1 , no consent or approval by Borrower is required in connection with any such assignment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No ERISA Event has occurred in the five year period prior to the date on which this representation is made or deemed made and is continuing or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, would reasonably be expected to result in a Material Adverse Effect. Except as would not reasonably be expected to have a Material Adverse Effect, the present value of all accumulated benefit obligations under all Plans (based on the assumptions used for purposes of Statement of Financial Accounting Standards No. 87) did not, as of the date of the most recent financial statements reflecting such amounts, exceed the fair market value of the assets of such Plans, in the aggregate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and do all things that are reasonable and necessary to manage the affairs of the TEAM .... ” (capitalization in original; emphasis added). Furthermore, TDH expressly agreed to use prudent reliable methods and reasonable care for the safekeeping and proper management of each team’s funds and assets. Investors testified that TDH made all of the investment decisions and that investors were not required to do anything more than invest their money. Additionally, many team members neither met nor corresponded with other members of their team. Thus, the “economic reality” is that investors maintained a passive involvement with their investment while expecting profits to be derived solely from the efforts of TDH. See Forman, 421 U.S. at 848, 95 S.Ct. at 20 Co., 212 F.3d 180, 189 (3rd Cir.2000) (<HOLDING>). In this case, investors relied solely on Options: A. holding that the in connection with requirement of rule 10b5 was satisfied where investors were injured as investors through respondents deceptions and the scheme to defraud and the sale of securities coineided B. holding that plaintiffs had stated a claim for breach of fiduciary duty where they alleged that the revenue sharing payments to the thirdparty service provider were excessive because the underlying mutual funds investment management fees covered all of the necessary investment managementadvisory services needed for the mutual fund C. holding that the defendant was nondisehargeable where the plaintiff estab lished a violation of oklahoma securities laws by showing that defendants were in possession of funds that belonged to other investors D. holding defendant sold investment contracts when it substituted new investors money for real investment return on old investors funds E. holding that investment advisors with authority to make investment decisions for their clients have standing

assistant: The best answer is D. holding defendant sold investment contracts when it substituted new investors money for real investment return on old investors funds
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 Debt.” Instead, the RTC realleged and incorporated by reference the allegations of its Fourth Amended Complaint in the conspiracy action, explaining that “the details of the fraudulent scheme by which the Debtor obtained money or credit from the Plaintiff are set forth in the Plaintiff's Fourth Amended Complaint.” 20 . To support this theory of nondischargeability, the RTC cited the only apparent authority for it: MacDonald v. Buck (In re Buck), 75 B.R. 417, 420-21 (Bankr.N.D.Cal.1987). As we hold that the RTC’s reliance on this theory was foreclosed by the jury’s earlier factual determination that Carpenter did not conspire to defraud the RTC, we express no opinion as to its merits or applicability to the facts of this case. 21 . See, e.g., In re Davis, 3 F.3d at 116 (<HOLDING>); Nelson v. Tsamasfyros (In re Tsamasfyros), Options: A. holding that statecourt consent judgment containing findings of fraud precluded relitigation of same issue in dischargeability proceeding B. holding that because relitigation of issue was barred by collateral estoppel res judicata determination of finality of judgment dismissed for lack of standing was not relevant C. holding that resolution of issue underlying statecourt fraud judgment precluded relitigation of same issue in nondischargeability proceeding D. holding that statecourt breach of fiduciary duty judgment precluded relitigation of same issue in dischargeability proceeding E. holding that a dismissal for lack of jurisdiction only precludes the relitigation of the issue of whether the first tribunal had jurisdiction

assistant: The best answer is C. holding that resolution of issue underlying statecourt fraud judgment precluded relitigation of same issue in nondischargeability proceeding
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrowing shall be made pursuant to the applicable Notice of Borrowing given by Borrower to Administrative Agent not later than (i) in the case of the Borrowings to be made on the Closing Date (y) 1:00 p.m. (Cleveland, Ohio time) on the second Business Day before the date of the proposed Borrowing, in the case of a Eurodollar Rate Advance or (z) 12:00 noon (Cleveland, Ohio time) on the Business Day of the proposed Borrowing, in the case of a Reference Rate Advance or (ii) in the case of all Borrowings to be made after the Closing Date, (y) 1:00 p.m. (Cleveland, Ohio time) on the third Business Day before the date of the proposed Borrowing, in the case of a Eurodollar Rate Advance or (z) 12:00 noon (Cleveland, Ohio time) on the Business Day of the proposed Borrowing, in the case of a Reference Rate Advance, which shall give to each Lender prompt notice of such proposed Borrowing, by facsimile or by electronic mail. Each Notice of Borrowing shall be by facsimile or by electronic mail (with a PDF file of the executed Notice of Borrowing attached), specifying (i) the requested date of such Borrowing (which shall be a Business Day), (ii) the requested Type of Advances comprising such Borrowing, (iii) the aggregate amount of such Borrowing, and (iv) if such Borrowing is to be comprised of Eurodollar Rate Advances, the requested Interest Period for each such Advance; provided that, all Borrowings to be made on the Closing Date shall consist only of Reference Rate Advance (which may, subject to the terms of this Agreement, be thereafter Converted into Eurodollar Rate Advances) unless a breakfunding agreement reasonably satisfactory to the Administrative Agent has been executed by the Borrower concurrent with the delivery of such Notice of Borrowing. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.09(b). Each Lender shall, before 2:00 p.m. (Cleveland, Ohio time) on the date of such Borrowing, make available for the account of its applicable Lending Office to the Administrative Agent at its address referred to in Section 9.09, or such other location as the Administrative Agent may specify by notice to the Lenders, in same day funds, such Lender’s pro rata share of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at its account with the Administrative Agent or as otherwise directed by the Borrower with written notice to the Administrative Agent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: CTL/Thompson Texas, LLC v. Starwood Homeowner’s Ass’n, Inc., 390 S.W.3d 299, 301 (Tex.2013). Here, in both his answer and in discovery, Frazier admitted that the HVAC design was faulty, thus giving merit to plaintiffs claims. Frazier’s, own admissions lend support to plaintiffs claims that negligence occurred in the construction of the HVAC system, and granting a motion to dismiss in this case would defeat the purpose of this statute. In light of this, we conclude that Frazier “substantially invoked the judicial process,” Murphy, 374 S.W.3d at 631, and thus waived his right to a certificate of merit. The dissent focuses on Texas cases that, emphasize the quantity of activity in a case rather , than the substance of activity. See, e.g., Crosstex Energy Services, 430 S.W.3d at 394-95 (<HOLDING>). The dissent claims that “the majority Options: A. holding that an appeal waiver is valid when it is entered into knowingly and voluntarily B. holding that plaintiff may be entitled to prevailing party status where the mediation agreement entered into by the parties was read into the record before a hearing officer C. holding that a stipulation properly entered into the record where there is a clear understanding of the finality of that agreement is an effective and enforceable settlement notwithstanding that it is subject to reduction to a written document D. holding that as a matter of contract no party can be forced to arbitrate unless that party has entered into an agreement to do so E. holding that no waiver existed where a party filed an answer exchanged 11000 pages of written discovery and entered into a rule 11 agreement among other actions

assistant: The best answer is E. holding that no waiver existed where a party filed an answer exchanged 11000 pages of written discovery and entered into a rule 11 agreement among other actions
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 Loan Party and each Restricted Subsidiary has timely filed or caused to be filed all Tax returns and reports required to have been filed and has paid or caused to be paid all Taxes required to have been paid by it, except (i) Taxes that are being contested in good faith by appropriate proceedings and for which such Loan Party or such Restricted Subsidiary, as applicable, has set aside on its books adequate reserves or (ii) where failure to file such Tax returns and pay such Taxes would not reasonably be expected to result in a Material Adverse Effect. No tax liens have been filed (except for Liens for current period taxes not yet due and payable) and, to the knowledge of such Loan Party or Domestic Subsidiary, no claims are being asserted with respect to any such Taxes which, in each case, would result in a Material Adverse Effect.

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 case excerpt and choose the best holding from the options. Case excerpt: removing defendants’ joinder obligations under 28 U.S.C. § 1446 and the case-law elsewhere — and the statute itself — do not provide unambiguous guidance. More importantly, the only party challenging the propriety of the removal is Newark, which, as a nominal party, lacks standing to do so. Logic dictates that if a nominal party lacks the power to object to its own failure to join in or consent to the removal, it similarly lacks the power to impugn the other defendants’ failure to formally do so. Moreover, no other party, including plaintiff, has complained of any defect in the removal petition, and were any party to do so now, any such complaint would be treated as having been waived. Allbritton Communications Co. v. National Labor Relations Board, 766 F.2d 812, 820 (3d Cir.1985) (<HOLDING>), cert. denied, 474 U.S. 1081, 106 S.Ct. 850, Options: A. holding that the doctrine of issue preclusion applies in removal proceedings B. holding that review of an original removal decision and a subsequent removal order are distinct C. holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand D. holding that the district court cannot remand sua sponte for defects in removal procedure E. holding that removal proceedings are in the nature of process and defects in the removal procedures are waivable

assistant: The best answer is E. holding that removal proceedings are in the nature of process and defects in the removal procedures are waivable
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 in the present case the dismissal was designated as “with prejudice.” Functionally, however, these two cases are equivalent. The dismissal in both cases was made because the plaintiffs had chosen a forum that, while proper, was “inconvenient.” As noted above, the limited nature of the f.n.c. ruling cannot serve to bar the plaintiffs’ claims forever from U.S. courts. V. Plaintiffs’ tactics in manipulating fora in this case are “repugnant,” as the district court properly observed, but they are permitted by the law that we must follow. Certainly, defendants contemplated that they would be subject only to a suit in the Philippines following the f.n.c. dismissal. The State of Louisiana is d 607, 608 (5th Cir.1988), cert. denied, 506 U.S. 1079, 113 S.Ct. 1046, 122 L.Ed.2d 355 (1993) (<HOLDING>); Truck Treads, Inc. v. Armstrong Rubber Co., Options: A. holding that sanction of dismissal was warranted when plaintiff had failed to appear for deposition on multiple occasions and following plaintiffs failure to comply with orders of the court including an order that plaintiff make medical records available to the defendant B. holding that dismissal for failure to comply with discovery orders is on the merits C. holding that dismissal for failure to appear at a deposition is on the merits D. holding if a deposition is taken for discovery only not for use at trial the deposition is not a stage of trial for which the defendant must be present E. holding that a dismissal on limitations grounds is a judgment on the merits

assistant: The best answer is C. holding that dismissal for failure to appear at a deposition is on the merits
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: in particular , you agree to not modify , create derivative works of , decompile or otherwise attempt to extract source code from any evernote software , unless you are expressly permitted to do so under an open source license , we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition .

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: Subject to the terms and provisions set forth in this Agreement, Executive shall continue in the employ of the Company in a senior executive capacity, with such duties, powers and authority as are assigned to Executive from time to time by the Board, and with access to the Company’s Confidential Information.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Borrower, the Parent Guarantor, the Designated Agent and the Lenders hereby irrevocably waives all right to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this Agreement or the Notes or the actions of the Designated Agent or any Lender in the negotiation, administration, performance or enforcement thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: illustration of the duty-to-read issue involves a person who is illiterate or unfamiliar with the language in which the contract is written, or is blind or did not put reading glasses on, but signed the document without having anyone read it aloud or explain it. There is all but unanimous agreement that the party is bound. Therefore, except possibly in the case of an emergency, the party must employ self-protection by procuring someone to read aloud the document or to explain or translate it. However, if the other party is deceitful about its contents . . . [m]ost of the cases have held that such a contract may at least be avoided. 7 Joseph M. Perillo, Corbin on Contracts § 29.9, at 409-10 (rev. ed. 2002). See also Sofio v. Hughes, 162 A.D.2d 518, 556 N.Y.S.2d 717, 719 (1990) (<HOLDING>); Mesa v. Poole, 127 Ga. App. 426,193 S.E.2d Options: A. holding that the defendant was placed in official detention when two police officers approached him and told him that he was under arrest as the defendant could not reasonably have believed that he was free to leave B. holding that a binding contract was formed when plaintiff was invited to tailor limitedliability release to fit his needs no suggestion was made that release constituted a counteroffer or that plaintiff was required to execute the specific release as a condition of settlement and communications clearly contemplated that plaintiff would change portions that were unacceptable C. holding that the plaintiff could not avoid his contractual obligation because he read at only a sixthgrade level D. holding plaintiff could not avoid release absent evidence he made reasonable effort to have document read to him E. holding that an effort of the defendant by words of persuasion alone to induce the plaintiff to grant him the favor of sexual intercourse was not an assault

assistant: The best answer is D. holding plaintiff could not avoid release absent evidence he made reasonable effort to have document read to him
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 Miles court did note with respect to the Jones Act that it “sailed in occupied waters ... and was not free to expand remedies at will simply because it might work to the benefit of seamen and those dependent upon them”, id., 498 U.S. at -, 111 S.Ct. at 327. As defendants here correctly point out, however, the impact of the considered and settled decision in Miles is to render it anomalous to award the nondependent survivor of a nonseaman a recovery which is patently denied to the nondependent beneficiary of a well-deserving seaman. In effect, to allow plaintiffs to recover wrongful death damages here simply because their son was not a Jones Act seaman would ironically, and improperly, leave the relatives of seamen as a less-favored class under admiralty. Cf. Truehart, supra at 937 (<HOLDING>); cf. also Whittaker, supra at 773. Finally, Options: A. holding that wrongful death actions asserted under admiralty jurisdiction lie under general maritime law for death caused by violation of maritime duties and are not limited to standards of liability created by state law B. holding that admiralty jurisdiction extends to maritime insurance contracts C. holding that because the general maritime law is its most generous to seamen the wards of admiralty it would refuse to craft for nonseamens survivors a remedy not available to seamens survivors D. holding that general maritime law preempts state law E. recognizing loss of society damages as remedy available under general maritime law

assistant: The best answer is C. holding that because the general maritime law is its most generous to seamen the wards of admiralty it would refuse to craft for nonseamens survivors a remedy not available to seamens survivors
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 Support Agreement constitutes the entire agreement, and supersede all other prior agreements, understandings, representations and warranties both written and oral, among the parties, with respect to the subject matter hereof. This Support Agreement is not intended to confer upon any Person other than the parties hereto any rights or remedies hereunder.

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 case excerpt and choose the best holding from the options. Case excerpt: for custody of their child can be considered a debt to that child. The fact that the debt is payable to a third party (here, Falk & Siemer) does not prevent classification of that debt as being owed to Maddigan’s child. Our case law clearly establishes that debts in the nature of support need not be payable directly to one of the parties listed in § 523(a)(5) in order to be nondischargeable. See Spong, 661 F.2d at 10-11; In re Peters, 124 B.R. 433, 435 (Bankr.S.D.N.Y.1991) (citing cases). A separate question is whether Maddi-gan’s obligation for legal fees incurred by the nonspouse mother of his child can be considered a debt to his child within the meaning of § 523(a)(5). We have previously held that the legal fees of an attorney appointed to represent the interests of a child in a (<HOLDING>). The facts of Peters are admittedly Options: A. holding that debts for a guardian ad litem and a psychologist were nondischargeable under 523a5 because the emphasis is to be placed on the determination of whether a debt is in the nature of support rather than on the identity of the payee B. holding that attorneys fees incurred in a custody action were nondischargeable under 523a5 C. holding that legal fees for a childs guardian ad litem in a custody proceeding were clearly for the ehilds benefit and support and as such were nondischargeable under 523a5 D. holding that guardian ad litem and psychologist fees incurred in child custody proceedings and ordered to be paid directly to the guardian ad litem and psychologist were nondischargeable under 523a5 E. holding the district court properly allowed guardian ad litem fees to be taxed as costs

assistant: The best answer is C. holding that legal fees for a childs guardian ad litem in a custody proceeding were clearly for the ehilds benefit and support and as such were nondischargeable under 523a5
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: Cir.2005), and we deny in part and dismiss in part the petition for review. Fuentes-Soriano’s contention that the IJ refused to allow him to present crucial witnesses is not supported by the record and therefore does not raise a colorable due process claim. See id. (to be color-able, the claim must have some possible validity). Fuentes-Soriano’s contention that the BIA’s summary affirmance of the IJ’s decision violates due process is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 850-51 (9th Cir.2003). We lack jurisdiction to review the discretionary hardship determination, see Martinez-Rosas, 424 F.3d at 930, as well as Fuentes-Soriano’s contention that the agency misapplied relevant case law in making its conclusion, see Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001) (<HOLDING>). PETITION FOR REVIEW DENIED in part; DISMISSED Options: A. holding that the misapplication of case law may not be reviewed B. holding that a factual sufficiency complaint in a parental termination case may be reviewed even though it was not preserved in the trial court C. holding that a sufficiency challenge must be preserved in the trial court in a parental termination case to be reviewed on appeal D. holding that whether consent was valid under the fourth amendment is a question of law to be reviewed de novo E. holding that misapplication of career offender enhancement in light of intervening case law not a miscarriage of justice because guideline range still within statutory maximum authorized

assistant: The best answer is A. holding that the misapplication of case law may not be reviewed
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 parties hereto shall cooperate fully at their own expense, except as otherwise provided in this Agreement, with each other and their respective counsel and accountants in connection with all steps to be taken as part of their obligations under this Agreement.

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: Steel Corp., 863 F.2d 279, 283 (3d Cir.1988). The Hlinka court also observed that an employer is not acting as a fiduciary when he/she designs a benefit plan. Id. at 285. Similarly in Whitaker v. Texaco, Inc., 729 F.Supp. 845 (N.D.Ga.1989), a case brought under ERISA for pension benefits and challenging the plan’s reliance on actuarial tables, the court noted: “It is an elementary principle of trust law that a fiduciary analysis applies to situations where a trustee has discretion.” Id. at 854, citing Restatement (Second) of Trusts § 187. Thus where “a trustee’s challenged action is merely ministerial, e.g., required by the terms of the trust ... the court will invoke a contractual analysis.” Id. at 854. Defendants also cite to Hickman v. Tosco Corp., 840 F.2d 564, 566 (8th Cir.1988) (<HOLDING>); Foltz v. U.S. News & World Report, Inc., 613 Options: A. holding that because no plan document granted discretion to the plan administrator and because the fiduciaries had not expressly delegated their discretionary authority to the plan administrator the district court properly employed the de novo standard of review B. recognizing that an employer had a dual role as administrator of plan and as employer and only the role of administrator was held to a fiduciary standard C. recognizing that benefit plans must designate a fiduciary to serve as the plan administrator D. holding that one who is named in documents as plan administrator signs documents as plan administrator and assumes discretionary authority in the administration of the pension plan is a fiduciary E. holding that even if a thirdparty administrator is not a fiduciary under erisa such an administrator still has standing pursuant to 1331

assistant: The best answer is B. recognizing that an employer had a dual role as administrator of plan and as employer and only the role of administrator was held to a fiduciary standard
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: on the basis of loss of range of motion, these determinations should, if feasible, be “portray[ed]” (§ 4.40) in terms of the degree of additional range-of-motion loss due to pain on use or during flare-ups. Cf. Lathan v. Brown, 7 Vet.App. 359, 367 (1995) (in ordering medical opinion on remand in dependency and indemnity compensation case, VA should “consider the feasibility of requesting that the physician express in percentage terms the probability that the veteran’s service-connected disability caused or contributed to death”). The Court holds that DC 5201 does not subsume 38 C.F.R. § 4.40, and that 38 C.F.R. § 4.14 does not forbid consideration of a higher rating based on a greater limitation of motion due to pain on use including during flare-ups. See Schafmth, 1 VetApp. at 592-93 (<HOLDING>); see also Quarles v. Derwinski, 3 Vet.App. Options: A. holding that we generally may not consider issues not raised before the bia B. holding that where it was clear that the court of appeals had limited the issues on resentencing to the one issue raised in the defendants first appeal the district court did not err in declining to consider other issues raised by the defendant on remand C. holding that issues not raised in the trial court may not be raised later on appeal D. holding that we consider issues not raised at administrative level waived E. holding that bvas failure to consider 440 was improper when that regulation had been made potentially applicable through assertions and issues raised in record

assistant: The best answer is E. holding that bvas failure to consider 440 was improper when that regulation had been made potentially applicable through assertions and issues raised in record
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 Audited Financial Statements, the Borrower Interim Financial Statements and the Company Interim Financial Statements, furnished to the Administrative Agent and the Lenders, are true and complete, have been prepared in accordance with GAAP, and fairly present the financial condition of the Borrower and its Subsidiaries and the Company and its Subsidiaries, as applicable, as of the dates of such financial statements and the results of their operations for the periods then ending. Since the dates of such Borrower Interim Financial Statements, there has been no material adverse change in the Borrower’s or any of its Subsidiary’s financial condition, properties or business or any change in any Borrower’s or any of its Subsidiary’s accounting procedures. Since the dates of such Company Interim Financial Statements, there has been no material adverse change in the Company’s or any of its Subsidiary’s financial condition, properties or business or any change in any Company’s or any of its Subsidiary’s accounting procedures. Since December 31, 2014, there has been no event or circumstance either individually or in the aggregate that has had or would reasonably be expected to have a Material Adverse Effect.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: parents or legal guardians are responsible for using the parental control functionalities offered by nintendo as part of the nintendo account service if they want to limit their children 's use of nintendo account service .

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: All notices and other communications required or permitted hereunder shall be in writing and shall be deemed to have been given when hand-delivered or sent over night by a nationally recognized courier service as follows: If to the Company : MISONIX, INC., 1938 New Highway, Farmingdale, NY 11735, Att: Richard A. Zaremba, with a copy to Joel I. Frank, Esq., Wilk Auslander LLP, 1515 Broadway, New York NY 10036. If to Employee : Michael A. McManus, Jr., 100 White Plains Road, Bronxville, New York 10708, with a copy, which shall not constitute notice, to Robert N. Holtzman, Esq., Kramer Levin Naftalis & Frankel LLP, 1177 Avenue of the Americas, New York, New York 10036.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you acknowledge and agree that linden lab and its licensors own all right , title , and interest in and to the service , including all intellectual property rights therein , other than with respect to user content .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: OCGA § 16-5-40 (a) (a person commits the offense of kidnapping when he abducts another without lawful authority and holds that person against his or her will). “The abduction required by the kidnapping statute need not be accomplished by force — inducement, persuasion or fraud is sufficient to prove abduction.” (Footnote omitted.) Pickett v. State, 271 Ga. App. 250, 252 (1) (609 SE2d 181) (2005) (finding a defendant’s actions in fraudulently inducing a child to get into the defendant’s truck and go with him constituted an abduction within the meaning of the kidnapping statute). The stab wound to Tevin’s thigh and his strangulation constitute bodily injuries sufficient to complete this statutory aggravating circumstance. See Waters v. State, 248 Ga. 355, 368 (11) (283 SE2d 238) (1981) (<HOLDING>). Accordingly, we find that the evidence was Options: A. holding that the fatal injury to a murder victim may be considered as satisfying the bodily injury component of the capital felony of kidnapping with bodily injury B. holding that life sentence imposed for kidnapping with bodily injury of 14yearold victim was not cruel and unusual punishment even though bodily injury was slight given circumstances attendant upon offense C. holding that it was a double jeopardy violation to convict and sentence for both dui with serious bodily injury and driving without a valid license with serious bodily injury based on an injury to a single victim D. recognizing that when a defendants negligence causes bodily injury the plaintiff can recover damages for past present and future medical expenses bodily injury and emotional distress E. holding that attempted burglary is a violent felony under the armed career criminal act because like the enumerated crimes it creates significant risks of bodily injury or confrontation that might result in bodily injury emphasis added

assistant: The best answer is A. holding that the fatal injury to a murder victim may be considered as satisfying the bodily injury component of the capital felony of kidnapping with bodily injury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Tenant hereby represents, warrants and agrees that: (1) there exists no breach, default or event of default by Landlord under the Lease, or any event or condition which, with notice or passage of time or both, would constitute a breach, default or event of default by Landlord under the Lease; (2) the Lease continues to be a legal, valid and binding agreement and obligation of Tenant; and (3) Tenant has no current offset or defense to Tenant’s performance or obligations under the Lease.

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: items to his mother’s house to use to kill Scurlock. The arguments of the prosecutor addressed the defense’s theory of the case, and attempted to focus on the State’s evidence and lack of evidence contradicting the State’s theory of the case. Based upon the record, we conclude that the prosecutor’s comments in their totality were addressed to the evidence rather than Zamani’s failure to testify. See Callahan v. State, 527 N.E.2d 1133, 1137 (Ind.1988) (noting that a remark about the lack of an explanation by the defense concerning otherwise incriminating evidence against the accused is proper so long as the prosecutor focuses on the absence of evidence to contradict the State’s evidence and not the accused’s failure to testify); Hancock v. State, 737 N.E.2d 791, 798 (Ind.Ct.App.2000) (<HOLDING>). [38] But even if we assumed misconduct, we Options: A. holding that prosecutors comment on defendants failure to testify constituted plain error affecting the defendants substantial rights B. holding that the prosecutors reference to the nonexistence of mitigating evidence was not a comment on the defendants failure to testify C. holding the prosecutors statements were not an inappropriate comment on the defendants failure to testify but rather a comment on the defendants failure to present convincing evidence to support his defense D. holding that failure to object to prosecutors comment on defendants failure to testify preserved nothing for appellate review E. holding that comment by prosecutor in closing argument that defense counsel did not produce evidence of the defendants innocence was not a comment on the defendants failure to testify

assistant: The best answer is C. holding the prosecutors statements were not an inappropriate comment on the defendants failure to testify but rather a comment on the defendants failure to present convincing evidence to support his defense
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: three officers observed that the green sedan had side windows that appeared to be tinted beyond the legal limit, and both Garcia and Char-bonier admitted that the windows were tinted. (Tr. at 155; GX 2.) The fact that Officer Argila never tested the windows with a “tint meter” to determine if they were, in fact, in violation of the law is immaterial, as only an objectively reasonable belief or suspicion of a violation, supported by articulable facts, is required. See Harrell, 268 F.3d at 149 (probable cause to stop car existed because “an ‘objectively reasonable’ police officer would have suspected the windows were tinted in violation of § 375(12 a)(b) of the Vehicle & Traffic Law”); accord Scopo, 19 F.3d at 781-82; see also United States v. Wallace, 213 F.3d 1216, 1220 (9th Cir.2000) (<HOLDING>). Officer Argila formed such a Options: A. holding that the courts determination of whether an officer had probable cause for an arrest is an independent and objective determination and an officers own subjective reason for the arrest is irrelevant B. holding that the purpose of a preliminary examination is to determine whether there is probable cause to believe that a crime was committed and whether there is probable cause to believe that the defendant committed it C. holding that although jury found officer not to have had probable cause for arrest officer was entitled to immunity because law was not clearly established as to circumstances in which officer found himself D. holding that in deciding whether officers are entitled to qualified immunity it is not only the evidence of clearly established law that is for the court but also whether a reasonable officer could have believed that his or her conduct was lawful in light of the information the officer had E. holding that an officers misunderstanding of the tinting law was immaterial because the officer was not taking the bar exam the issue is not how well the officer understood californias window tinting laws but whether he had objective probable cause to believe that these windows were in fact a violation

assistant: The best answer is E. holding that an officers misunderstanding of the tinting law was immaterial because the officer was not taking the bar exam the issue is not how well the officer understood californias window tinting laws but whether he had objective probable cause to believe that these windows were in fact a violation
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 interpreted under the laws of the State of New York, USA, without giving effect to any conflict of law principle that would otherwise result in the application of the laws of any State or jurisdiction other than the State of New York, USA, except that Section 13.02(b) and any arbitration thereunder shall be governed by the Federal Arbitration Act, Chapters 1 and 2 as long as such Chapters are applicable.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the company does not warrant , endorse and will not be liable to any damage or claim for any user submissions , including without limitation , its accuracy , engagement with commercial activity , spam , or any attempts to defraud or manipulate other users with deceptive means or misrepresentation .

assistant: Limitation of liability