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: logically consistent with the underlying principles motivating the approach. Container Corporation of America v. Franchise Tax Board, 463 U.S. 159, 167, 103 S.Ct. 2933, 2941, 77 L.Ed.2d 545 (1983). See generally, 1 J.R. Hellerstein, STATE TAXATION: CORPORATE INCOME AND FRANCHISE TAXES ¶ 8.11[4][g] (1983) (discussing the various factors in determining the parameters of a unitary business that the Supreme Court has recognized or established). Because of shifting factual and economic circumstances in state apportionment disputes, the Supreme Court has relied on numerous factors in determining whether a foreign business activity is an integral part of a corporation’s unitary business operations or whether it constitutes a discrete corporate enterprise. For example, the Court has at 3138 (<HOLDING>). Moreover, the Supreme Court has repeatedly Options: A. holding that there is no selfincrimination where one is compelled to produce the papers of a business that has no privilege B. holding that there is no unitary business in part because there is no flow of international business C. holding where there is no duty to defend there is no duty to indemnify D. holding that loss of business attributable to change in traffic flow is noncompensable E. holding that in pennsylvania there is a rule that proof of the ownership of a business vehicle involved in an accident raises a presumption that the operation of the automobile was for the owners business purposes

assistant: The best answer is B. holding that there is no unitary business in part because there is no flow of international business
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 374 U.S. 101 83 S.Ct. 1686 10 L.Ed.2d 1026 Michele MARCHESEv.UNITED STATES et al. No. 362. Supreme Court of the United States June 10, 1963 Russell E. Parsons and Sol C. Berenholtz, for petitioner. Solicitor General Cox, Assistant Attorney General Miller and Philip R. Monahan, for the United States and others. On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit. PER CURIAM. 1 The petition for writ of certiorari is granted, the judgment is vacated and the case is remanded to the United States District Court for the Southern District of California for reconsideration in light of Sanders v. United States, 373 U.S. 1, 83 S.Ct. 1068. 2 Mr. Justice CLARK and Mr. Justice HARLAN would deny certiorari on the basis of their dissent in Sanders v. United States, 373 U.S. 23, 83 S.Ct. 1081.

assistant: 1
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 whether such misconduct was prejudicial error are questions of law that we review de novo.” Id. (citing United States v. Meek, 44 M.J. 1, 5-6 (C.A.A.F.1996); United States v. Sullivan, 42 M.J. 360, 363 (C.A.A.F.1996)). “Prosecutorial misconduct is ‘action or inaction by a prosecutor in violation of some legal norm or standard, e.g., a constitutional provision, a statute, a Manual rule, or an applicable professional ethics canon.’ ” Id. (quoting Meek, 44 M.J. at 5). As the DuBay judge noted in his conclusions of law, this court has held that “[sjeveral legal norms are violated when a trial counsel attempts to or unlawfully dissuades a defense witness from testifying at a court-martial.” Meek, 44 M.J. at 5; see also Webb v. Texas, 409 U.S. 95, 98, 93 S.Ct. 351, 34 L.Ed.2d 330 (1972) (<HOLDING>); United States v. Vavages, 151 F.3d 1185, 1189 Options: A. holding that a trial judges action in singling out a defense witness for a lengthy admonition on the dangers of perjury effectively drove that witness off the stand and thus deprived the defendant of due process of law under the fourteenth amendment B. holding that the defendants due process rights were violated when the trial judge singled out the only defense witness and indicated to that witness that he expected the witness to he and would personally ensure that the witness was prosecuted for perjury and thereby effectively drove that witness off the stand C. holding that the trial courts admonition of a witness even though detailed and strongly stated did not coerce the witness because the court did not threaten or badger the witness and the court provided the witness with her own counsel to ensure that the decision was voluntary D. holding that a judges lengthy perjury warnings to a defense witness effectively drove the witness off the stand thereby denying the defendant his due process right to present his defense E. holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness

assistant: The best answer is B. holding that the defendants due process rights were violated when the trial judge singled out the only defense witness and indicated to that witness that he expected the witness to he and would personally ensure that the witness was prosecuted for perjury and thereby effectively drove that witness off the stand
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Neither this Agreement, nor the disclosure of CEII hereunder, shall be construed in any way as granting any license or rights to any information or data now or hereafter owned or controlled by Disclosing Parties to Receiving Party and all such Confidential Information/CEII shall remain the property of Disclosing Parties.

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: The Company covenants that it will within, three months of the Effective Date of this Consideration, it shall use approximately $ 150,000 of the proceeds in the manner set forth below (the “Use of Proceeds”): general working capital.

assistant: Use Of Proceeds
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: or affect the issue under determination.” U.S.S.G. § 3C1.1 cmt. n.6 (emphasis added). Although the omitted financial data may not have had any actual effect on Miller’s fine or restitution amounts, it is certainly the kind of information which would “tend to influence” those determinations. See, e.g., United States v. Dupre, 117 F.3d 810, 825 (5th Cir.1997) (“A statement to a probation officer concerning one’s financial resources will obviously affect the officer’s determination of ability to pay.” (quotation omitted)). There is no basis to deem the omitted information not material when it did not have, but was the kind of information which could have had, an influence on the relevant sentencing determinations. See United States v. Juarez-Duarte, 513 F.3d 204, 210-11 (5th Cir.2008) (<HOLDING>). Miller also contends that her errors were the Options: A. recognizing the applicability of the mcdonough standard to federal criminal proceedings B. recognizing applicability of discovery rule C. recognizing the applicability of rule 9b under such circumstances D. recognizing the applicability of the obstruction enhancement in either scenario E. recognizing the presumptions applicability to federal statutes

assistant: The best answer is D. recognizing the applicability of the obstruction enhancement in either scenario
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to believe his workers’ compensation benefits would not be reduced as a result of his decision to take disability retirement. Rather, Mr. Richard asked her “will this workman’s comp affect my retirement” [emphasis added]. Ms. Dodge’s negative response to this question would not cause a reasonable person to believe his workers’ compensation payments would not be reduced. Considering the facts of this case, we find the court of appeal erred in holding DOTD was estopped from claiming that it is owed an offset under La. R.S. 23:1225. Likewise, we find no evidence of any agreement for purposes of La. R.S. 23:1225(C)(l)(d) which would prohibit DOTD from reducing Mr. Richard’s workers’ compensation benefits. See Jones v. General Motors Corp., 03-1766, p. 12 (La.4/30/04), 871 So.2d 1109, 1118 (<HOLDING>). Finally, Mr. Richard argues that even if the Options: A. holding that an employees claim for breach of a letter agreement was preempted by erisa where the agreement did not specify the amount or other terms of the employees retirement benefits and the court would have to refer to the employers erisagoverned retirement plan to determine the employees retirement benefits and calculate the damages claimed B. holding that contracts between employers and employees concerning wageloss benefits are not prohibited however an agreement which waives or alters statutorily established rights must be clear and unambiguous C. holding that in order for a contract to be enforced it is necessary that all the essential terms of the contract must first be established by competent evidence and shown to be definite certain clear and unambiguous D. holding that only deliberate clear and unambiguous statements are judicial admissions E. holding that an appellate court must give a statute its clear and plain meaning when the statute is unambiguous

assistant: The best answer is B. holding that contracts between employers and employees concerning wageloss benefits are not prohibited however an agreement which waives or alters statutorily established rights must be clear and unambiguous
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: All disclosures of Confidential Information (whether written or oral) by Party One and Party Two shall (a) remain in confidence for a period of three (3) years from the date of disclosure, except that any trade secrets or information with respect to Party One products or research and development will remain in confidence in perpetuity;

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: If any provision of this Agreement or the application of any such provision to any Person or circumstance shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 480 A.2d 795, 795 (Md.App.1984); Kensington Corp. v. Michigan, 74 Mich.App. 417, 253 N.W.2d 781, 783 (Mich.Ct.App.1977); Buckley & Co., Inc. v. New Jersey, 140 N.J.Super. 289, 356 A.2d 56, 73-74 (N.J.Super. Ct. Law Div.1975); D.A. Parrish & Sons v. County Sanitation Dist. No. 4, 174 Cal.App.2d 406, 344 P.2d 883, 888 (Cal.Dist.Ct.App.1959). We found at least five cases wherein the court did not allow a pass-through claim. See, e.g., Bd. of Governors for Higher Educ. v. Infinity Constr. Servs., Inc., 795 A.2d 1127, 1129 (R.I.2002); Farrell Constr. Co. v. Jefferson Parish, 693 F.Supp. 490, 498 (E.D.La.1988); Dep’t of Transp. v. Claussen Paving Co., 246 Ga. 807, 273 S.E.2d 161, 164 (Ga.1980); Barry, Bette & Led Duke, Inc. 51-52. 10 . Compare Frank Coluccio Constr. Co., 779 S.W.2d at 552 (<HOLDING>); Cam Constr. Co., Inc., 480 A.2d at 799 Options: A. holding that the nondebtor spouse has the burden of proving nondischargeability B. holding that defendant has the burden of proving that a product has been altered unless the product has been lost whereupon plaintiff must bear the burden of persuasion if the defense of substantial change is raised C. holding that the burden of proving lack of negligence is on the owner D. holding that the defendant has the burden of proving a fair and just reason for withdrawal of a guilty plea E. holding that the governmentowner has the burden of proving that the prime contractor has been relieved of responsibility to pay any recovery to the subcontractor

assistant: The best answer is E. holding that the governmentowner has the burden of proving that the prime contractor has been relieved of responsibility to pay any recovery to the subcontractor
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Employee shall devote his full-time (40 hours per work week), attention, and energies to the business of the Company and will diligently and to the best of his ability perform all duties incident to his employment hereunder, shall perform such administrative, managerial and executive duties for the Company (i) as are prescribed by applicable job specifications for the Employee, (ii) as are customarily vested in and incidental to such position, and (iii) as may be assigned to him from time to time by the Chief Executive Officer of the Company (“ CEO ”) or the Board of Directors of the Company (the “ Board ”).

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: If you have a Termination of Employment prior to any of the events specified in paragraphs 5 or 6 of this Restricted Shares Award section, then you will forfeit your Restricted Shares that are not vested upon such Termination of Employment. All of your rights to and interest in any Restricted Shares that are forfeited under this paragraph 8 will terminate upon forfeiture.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party will advise the Joint Product Committee promptly upon its becoming aware of: (a) any unlicensed activities which such Party believes may be an actual or impending infringement in the Territory of any patent or other proprietary right owned or applied for by it or the other Party and related to the Licensed Product or the development, manufacture, use, importation, or sale thereof; (b) any attack on or appeal of the grant of any patent owned or applied for by it or the other Party and related to the Licensed Product or the development, manufacture, use, or sale thereof; (c) any application for patent by, or the grant of a patent to, a Third Party in respect of rights which may be related to the Licensed Product so as to potentially affect the development, manufacture, use, importation, or sale thereof or which may claim the same subject matter as or conflict with any patent owned or applied for by it or the other Party and related to the Licensed Product, or the development, manufacture, use, importation, or sale thereof; or (d) any application made for a compulsory license under any patent owned or applied for by it or the other Party and related to the Licensed Product or the development, manufacture, use, importation, or sale thereof.

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: Subject to Section 6.4, this Agreement shall continue to be effective until the Discharge of Senior Lender Claims shall have occurred or such later time as all the Obligations in respect of the Second Priority Claims shall have been paid in full. This is a continuing agreement of lien subordination and the Senior Lenders may continue, at any time and without notice to each Second Priority Agent or any Second Priority Secured Party, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any other Grantor constituting Senior Lender Claims in reliance hereon. The terms of this Agreement shall survive, and shall continue in full force and effect, in any Insolvency or Liquidation Proceeding. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of law. Had the trial judge indicated a refusal to consider the defendant’s mental illness as a diminishing factor in his decision of whether defendant possessed the requisite malice aforethought, we would find it necessary to address the question of the extent to which mental illness could dimmish the intent requirement for second-degree murder. But he did not. Id. at 304 (quoting Wayne R. LaFave & Austin W. Scott, Jr., Criminal Law § 42, at 326 (1972)). The Court thus acknowledged the substantive components of the diminished-capacity defense (albeit under a different name), but left open the questions of whether, and to what degree, the defense would apply to a general-intent crime like second-degree murder. See also People v. Langworthy, 416 Mich. 630, 331 N.W.2d 171, 180 (1982) (<HOLDING>). A year after Ramsey, the Michigan Supreme Options: A. holding that unlike the specificintent crime of firstdegree murder seconddegree murder is a generalintent crime for which the defense of voluntary intoxication is not available B. holding that conspiracy to commit murder is not lesserincluded offense of firstdegree murder C. holding that conviction for seconddegree murder operates as implied acquittal on firstdegree murder count D. holding that first and seconddegree intentional murder verdicts are consistent with a felony murder verdict because lack of intent is not an element of seconddegree felony murder E. holding that firstdegree murder is one crime although the defendant can commit the crime in several ways

assistant: The best answer is A. holding that unlike the specificintent crime of firstdegree murder seconddegree murder is a generalintent crime for which the defense of voluntary intoxication is not available
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: when you get a limited license to use virtual items from our services on zynga.com , we may send you a confirmation email or text that will have details of the items you have ordered .

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: only qualified, good faith immunity attaches. Isasi v. Heinemann, No. 08-CV-5284, 2009 WL 159601, at *2 (E.D.N.Y. Jan. 22, 2009); see also Woodard v. Mennella, 861 F.Supp. 192, 197 (E.D.N.Y.1994); Kane v. Han, 550 F.Supp. 120, 122-23 (E.D.N.Y.1982); Gutierrez v. Vergari, 499 F.Supp. 1040, 1047 n. 5 (S.D.N.Y.1980); Le Grand v. Evan, 702 F.2d 415, 418 (2d Cir.1983) (“Although we have not passed on the issue, many courts have accorded clerks only a qualified ‘good faith’ immunity from liability arising from ministerial acts.”). On the other hand, even for administrative functions, absolute judicial immunity protects court clerks in the performance of tasks “which are judicial in nature and an integral part of the judicial process.” Rodriguez v. Weprin, 116 F.3d 62, 66 (2d Cir.1997) (<HOLDING>). Thus, a clerk’s acts that implement judicial Options: A. holding that a clerks scheduling duties as part of a courts inherent power to control its docket is subject to absolute immunity B. holding that district courts have inherent power to control their dockets as long as its exercise is not inconsistent with a rule or statute C. recognizing broad district court discretion to stay proceedings as an incident to its power to control its docket D. recognizing inherent power of courts of appeals E. recognizing that court has inherent power to control the judicial business before it

assistant: The best answer is A. holding that a clerks scheduling duties as part of a courts inherent power to control its docket is subject to absolute immunity
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: utmost diligence in asserting in a proper forum their claimed rights. "T5 Laches may bar the right to challenge the balloting process. Although the time 'has long passed since this Court, when presented with a timely constitutional challenge, will refuse to address a blatantly unconstitutional measure to prevent the costly expenditure of public revenues on needless elections, the challenge must be timely made. In re: Legislative Referendum No. 334, State Question 711, 2004 OK 75, ¶¶ 4-5, 107 P.3d 556 (Kauger, J., concurring specially) (footnotes omitted). T7 Additionally, this Court has long acknowledged the right to challenge the balloting process in other election matters may be lost by unreasonable delay. See, e.g., Evans v. State Election Bd., 1990 OK 132, ¶¶ 12-16, 804 P.2d 1125 (<HOLDING>); Wickersham v. State Election Bd., 1960 OK Options: A. holding challenge to election boards ruling 115 days later and postelection challenge to a deceased individuals inclusion on the ballot barred by laches B. holding that the plaintiffs due process challenge to a city ordinance was barred because it was inextricably intertwined with a statecourt ruling that plaintiff lacked standing to challenge the ordinance C. holding constitutional challenge to section 93991 raised for the first time on appeal was barred D. holding that challenge to state proceeding was barred by younger even if it was not barred by rookerfeldman E. holding that the defendant waived the right to challenge a suppression ruling on appeal

assistant: The best answer is A. holding challenge to election boards ruling 115 days later and postelection challenge to a deceased individuals inclusion on the ballot barred by laches
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless otherwise provided herein or in the Credit Agreement, any notice or other communication herein required or permitted to be given shall be given in the manner and become effective as set forth in the Credit Agreement, as to any Pledgor, addressed to it at the address of the Borrower set forth in the Credit Agreement and as to the Collateral Agent, addressed to it at the address set forth in the Credit Agreement, or in each case at such other address as shall be designated by such party in a written notice to the other party complying as to delivery with the terms of this SECTION 11.7.

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: received from the account. b. If the applicant is not able to provide the amount of taxes that are due, the value shall be determined by deducting 20% from the gross value of the account. Colorado Department of Health Care Policy and Financing, § 8.110.51(C); Aple. Supp. App. at 33. 3 . Although the MCCA provides for a hearing by parties challenging an eligibility determination, the Sellers did not ask for a hearing. This fact, however, is not fatal to their § 1983 claim. See Porter v. Nussle, 534 U.S. 516, 523, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002) ("plaintiffs pursuing civil rights claims under 42 U.S.C. § 1983 need not exhaust administrative remedies before filing suit in court”); see also Wilder v. Virginia Hosp. Ass’n, 496 U.S. 498, 521-22, 110 S.Ct. 2510, 110 L.Ed.2d 455 (1990)(<HOLDING>). 4 . The amended complaint asserted nine Options: A. holding that 1396aa8 is enforceable by medicaid recipients under 1983 B. holding the medicaid act permits enforcement under 1983 notwithstanding inclusion of alternative state administrative procedures C. holding no exhaustion requirement in 1983 suit alleging violations of the medicaid act D. holding that there is an exhaustion requirement in 1983 suits asserting violations of the medicaid act E. holding that patient could sue state agency under 1983 for breaching its obligation under the balance billing provision of the medicaid statute

assistant: The best answer is B. holding the medicaid act permits enforcement under 1983 notwithstanding inclusion of alternative state administrative procedures
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: consenting to the exploratory laparotomy and the salpin-go oophorectomy. Based on these forms, the only conclusion that reasonable persons could have reached was that Ms. Church consented to these procedures. A patient’s consent may be express or implied. Express consent is permission given directly either by voice or in writing. A party seeking to prove express consent may do so by introducing the writing memorializing the consent. See, e.g., In re Swine Flu Immunization Prods. Litig., 533 F.Supp. 567, 574-76 (D.Colo.1980). When a patient has signed a written consent form expressly covering a particular procedure, the terms of the consent form will ordinarily control the question of whether the patient consented to the procedure. See Hudson v. Parvin, 582 So.2d 403, 411 (Miss.1991) (<HOLDING>). When a written consent form exists, the Options: A. holding that defendant medical center which allowed a patient who would likely cause bodily harm to his wife if he had the opportunity to leave the center for a weekend could be liable for the patients actions of killing his wife and her paramour during that weekend because inter alia when the course of treatment of a mental patient involves an exercise of control over him by a physician who knows or should know that the patient is likely to cause bodily harm to others an independent duty arises from that relationship and falls upon the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient punctuation omitted emphasis supplied B. holding that no physicianpatient relationship between doctor who gave informal opinion over telephone at request of treating physician and minor patient whose case was discussed and thus doctor did not owe duty of care to patient C. holding that the language of an executed consent form took precedence over the alleged prior conversations between the patient and the physician D. holding that the conversations between a patient and her psychotherapist and the notes taken during their counseling sessions are protected by the privilege E. holding that a psychiatrist had no duty to detain a patient who killed himself and injured his wife because the patient was outside of the scope of the facilitys range of observation and control even when the psychiatrist agreed to treat the patient the patient had suicidal tendencies and the psychologist took the patient into custody but then later permitted him to leave

assistant: The best answer is C. holding that the language of an executed consent form took precedence over the alleged prior conversations between the patient and the physician
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: Executive agrees to cooperate fully with the Company or any Company Affiliate in connection with its actual or contemplated defense, prosecution, or investigation of any claims or demands by or against third parties, or other matters arising from events, acts, or failures to act that occurred during the period of his employment by the Company. Such cooperation includes, without limitation, making himself available to the Company upon reasonable notice, without subpoena, to consult on such matters and provide truthful and accurate information in witness interviews, declarations and depositions and trial testimony (including reasonable preparation thereto) relating to such matters. The Company will reimburse Executive for reasonable out-of-pocket expenses he incurs in connection with any such cooperation (excluding foregone wages, salary, or other compensation) and will make reasonable efforts to accommodate his scheduling needs. Executive shall receive no additional compensation for providing such cooperation; provided that, such cooperation shall be upon reasonable notice to Executive and subject to Executive’s reasonable availability.

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 legal provision and list the applicable contract clause categories. Provision: Except as would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect: (a) the Debtors have insured their properties and assets against such risks and in such amounts as are customary for companies engaged in similar businesses; (b) all premiums due and payable in respect of insurance policies maintained by the Debtors have been paid; (c) the Company reasonably believes that the insurance maintained by or on behalf of the Debtors is financially sound, reputable, and adequate in all respects, with such deductibles and covering such risks as are customarily carried by companies engaged in similar businesses and owning similar properties in localities where such Debtor or Subsidiary operates; and (d) as of the date hereof, none of the Debtors has received notice from any insurer or agent of such insurer with respect to any insurance policies of the Debtors of cancellation or termination of such policies, other than such notices which are received in the ordinary course of business or for policies that have expired in accordance with their terms.

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 case excerpt and choose the best holding from the options. Case excerpt: TSSAA. TSSAA argues, however, that the First Amendment protection afforded by Um-behr and Pickering applies only when the content of a contractor’s or employee’s speech involves a “matter of public concern.” Umbehr, 518 U.S. at 685, 116 S.Ct. 2342; see also Pickering, 391 U.S. at 574, 88 S.Ct. 1731. It claims that the recruiting rule does not implicate a matter of public concern, and is therefore unworthy of First Amendment scrutiny. But TSSAA cannot have it both ways. As set forth in Part II.F. below, TSSAA will have to establish that the recruiting rule embodies substantial governmental interests as a necessary element of the rule’s enforceability. These substantial interests will by definition implicate a “matter of public concern.” See Pickering, 391 U.S. at 573, 88 S.Ct. 1731 (<HOLDING>). We therefore conclude that Brentwood has not Options: A. holding that the board of education violated a school teachers first amendment rights by dismissing him because he had criticized the board in a letter to the local newspaper B. recognizing the importance of public welfare and conservation of water in administering its public waters C. holding that issues involving the local board of education were matters of public importance D. holding that issues of prison security public safety and official corruption are matters of public concern E. recognizing the importance of the employers knowledge of the disability

assistant: The best answer is C. holding that issues involving the local board of education were matters of public importance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement or the other Loan Documents shall be determined to be illegal or invalid as to one or more of the parties hereto, then such provision shall remain in effect with respect to all parties, if any, as to whom such provision is neither illegal nor invalid, and in any event all other provisions hereof shall remain effective and binding on the parties hereto.

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: If the Executive’s employment is terminated for any reason under this Agreement, he shall be deemed (without further action, deed or notice) to resign (i) if a member, from the Board or board of directors (or similar governing body) of any Affiliate of the Company or any other board to which he has been appointed or nominated by or on behalf of the Company and (ii) from all other positions with the Company or any subsidiary or other Affiliate of the Company, including, but not limited to, as an officer of the Company and any of its subsidiaries or other Affiliates.

assistant: Positions
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 insurer’s position is ‘reasonable and legitimate.’ ” Thompson v. Shelter Mut. Ins. Co., 875 F.2d 1460, 1462 (10th Cir.1989) (quoting Manis v. Hartford Fire Ins. Co., 681 P.2d 760, 762 (Okla.1984)). After carefully reviewing the parties’ briefs, the record, and relevant Oklahoma authorities, we believe that no reasonable jury could have concluded that State Farm’s evaluation and settlement offers constituted bad faith under this standard. First, we note that State Farm’s initial settlement offer was within the range it assigned to Mr. Roberts’ claim. Thus, we are not presented with the situation where an insurer has offered to settle a dispute in an amount below the range assigned to the claim by the insurer’s own investigation. See Newport v. USAA, 11 P.3d 190, 196-197 (Okla.2000) (<HOLDING>). Moreover, because we have determined that Options: A. holding that an insurer has a duty to conduct an investigation reasonably appropriate under the circumstances B. recognizing the wide latitude counsel must have in making tactical decisions and that strategic choices made after less than complete investigation may be reasonable if reasonable professional judgments support the limitations on investigation C. holding there can be no claim for bad faith when an insurer has promptly denied a claim that is in fact not covered D. holding that after a reasonable investigation an insurer must promptly settle a claim for the value or within the range assigned to the claim as a result of its investigation E. holding the insurer liable for failing to settle the claim when time was of the essence

assistant: The best answer is D. holding that after a reasonable investigation an insurer must promptly settle a claim for the value or within the range assigned to the claim as a result of its investigation
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: bound by the rules and regulations in the MHSAA’s handbook. Trail, 163 So.3d at 276. Although the MHSAA is a private, voluntary association, it is uniquely situated due to its substantial entwinement with government. By statute, the local school boards are empowered to regulate athletic programs. Miss.Code Ann. § S7-7-301(q). (Rev.2013). But the school-boards have delegated their statutory authority to regulate athletics to the MHSAA. Miss. High Sch. Activities Ass’n. v. Coleman, 631 So.2d 768, 774 (Miss.1994). And because the MHSAA’s authority is derived from statutory authority, its actions are “state action for the purpose of constitutional analysis.” Id.; see also Brentwood Acad. v. Tenn. Secondary Sch. Athletic Ass’n, 531 U.S. 288, 291, 298, 121 S.Ct. 924, 148 L.Ed.2d 807 (2001) (<HOLDING>). In Trail, we recognized that, because student Options: A. holding that expert report that sufficiently addressed certain claims against doctor employed by professional association was sufficient as to claims against professional association based on doctors negligence because the doctors negligence is imputed to the association under the professional association act B. holding a condominium association had no duty to a woman who had committed suicide after the association removed the womans dog because while the association knew the dog was essential to the womans will to live the association had no authority to prevent the womans suicide C. recognizing the irony that a state officials conduct may be considered state action for fourteenth amendment purposes yet not for purposes of the eleventh amendment D. holding that the fourteenth amendment only applies to state action E. holding that regulatory enforcement by a highschool athletic association was state action for the purposes of the fourteenth amendment due to the pervasive entwinement between the athletic association and public schools and officials

assistant: The best answer is E. holding that regulatory enforcement by a highschool athletic association was state action for the purposes of the fourteenth amendment due to the pervasive entwinement between the athletic association and public schools and officials
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the lapse period constitutes a prior restraint on speech confer Article III standing. To have standing to challenge a law as a prior restraint, Isle of Dreams “must establish that the challenged provision pertains to its activity, and not merely that it is ‘subject to the law.’ ” CAMP Legal Defense Fund, Inc. v. City of Atlanta, 451 F.3d 1257, 1276 (11th Cir.2006) (quoting City of Lakewood v. Plain Dealer Publ’g Co., 486 U.S. 750, 755-56, 108 S.Ct. 2138, 100 L.Ed.2d 771 (1988)). Because no lapse would occur until two years after Isle of Dreams obtains approval, which has never happened, its allegation that the lapse period “pertains to its activity” is merely conjectural and hence not a constitutionally cognizable injury sufficient to give Isle of Dreams standing. See id. (<HOLDING>). Nor does Isle of Dreams’ as-applied challenge Options: A. holding that a plaintiff had standing to attack an entire ordinance including portions of the ordinance not applied to the plaintiff B. holding that plaintiff could not request damages for a facial challenge to a zoning ordinance under the first amendment because the provision had not yet harmed the plaintiff C. holding that the plaintiffs due process challenge to a city ordinance was barred because it was inextricably intertwined with a statecourt ruling that plaintiff lacked standing to challenge the ordinance D. holding that plaintiff did not have standing to challenge the permit process where it could not show that it would ever be genuinely threatened by an unconstitutional prior restraint in this case E. holding that a plaintiff lacked standing to challenge an ordinance imposing higher permit fees on commercial events as a prior restraint because the city had not yet characterized the plaintiffs events as commercial

assistant: The best answer is E. holding that a plaintiff lacked standing to challenge an ordinance imposing higher permit fees on commercial events as a prior restraint because the city had not yet characterized the plaintiffs events as commercial
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: Directly or indirectly, use the proceeds of any Credit Extension, or lend, contribute or otherwise make available such proceeds to any Subsidiary, Controlled JV Subsidiary, joint venture partner or other individual or entity, to fund any activities of or business with any individual or entity, or in any Designated Jurisdiction, that, at the time of such funding, is the subject of Sanctions, or in any other manner that will result in a violation by any individual or entity (including any individual or entity participating in the transaction, whether as Lender, Arranger, Administrative Agent, L/C Issuer, Swing Line Lender, or otherwise) of Sanctions.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: notice of claims of copyright infringement should be provided to the company 's copyright agent via email to copyright@match.com , by phone to 214-576-3272 or via mail to the following address :

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: however, imposed upon the police the duty to inform the juvenile of that right, and we cannot do so where the statute is silent. Hence, this case is very similar to K.M. v. State, 335 Ark. 85, 983 S.W.2d 93 (1998), where we recently held that a juvenile does not have a right to assert the insanity defense in the adjudication phase of a delinquency proceeding because no such right could be found in the constitution or the juvenile statute. Although we may question the prudence of giving a juvenile a right without imposing a corresponding duty on the police to inform the juvenile of that right, that is a policy decision properly left to the legislature, and not this court. See Norton v. Hinson, 337 Ark. 487, 989 S.W.2d 535 (1999); McDonald v. Pettus, 337 Ark. 265, 989 S.W.2d 9 (1999) (<HOLDING>). For these reasons, we affirm the trial Options: A. holding that jurisdiction to decide whether a debt belongs to one of the classes that would bring it within the scope of section 523a3b lies exclusively in the bankruptcy courts B. holding that the decision whether to grant a continuance lies in the sound discretion of the trial court and will not be disturbed absent an abuse of discretion C. recognizing that the existence of a copy of a decision in a bill file along with numerous references to a decision of the court of appeals in the legislative history indicated that an amendment was made in response to that decision D. holding that the determination of public policy lies almost exclusively in the legislative domain and the decision of the general assembly in that regard will not be interfered with by the courts in the absence of palpable error E. holding that the primary obligation for the disclosure of matters which are essentially in the prosecutorial domain lies with the government

assistant: The best answer is D. holding that the determination of public policy lies almost exclusively in the legislative domain and the decision of the general assembly in that regard will not be interfered with by the courts in the absence of palpable error
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: regarding whether Wilcox was told not to take Zantac and on the possibility of false-positive readings. However, we agree with Wilcox’s argument that the State did not establish that proper procedures were followed to ensure accurate test results. Even if the temperature of the urine sample was somehow within protocol, there was a lack of proof regarding the pH level, and the testing instructions directed that a sample not within a prescribed pH range should be suspected of adulteration. A drug sample that has been handled and tested in an unreliable manner cannot yield a reliable result that will enable a trier-of-fact to determine that it is more likely than not that a person used a controlled substance. See, e.g., City of Little Rock v. Hudson, 366 Ark. 415, 236 S.W.3d 509 (2006) (<HOLDING>). We hold that the trial court’s finding that Options: A. holding that the district courts finding of no discrimination was not clearly erroneous because the finding was supported by the record B. holding that evidence supported the trial courts finding that breathalyzer results were not reliable where the hospital attendant failed to ask whether the firefighter had been eating mints containing sorbitol a form of alcohol C. holding that a trial courts finding of a fraudulent lien must be supported by competent evidence D. holding breathalyzer scientifically reliable E. holding that fouryearold childs presence in familiar location where child had previously received medical care supported trial courts finding that statements were reliable

assistant: The best answer is B. holding that evidence supported the trial courts finding that breathalyzer results were not reliable where the hospital attendant failed to ask whether the firefighter had been eating mints containing sorbitol a form of alcohol
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 provisions of Section 2.07(b) , (i) each Eurodollar Rate Loan shall bear interest on the outstanding principal amount thereof for each Interest Period from the applicable borrowing date at a rate per annum equal to the Eurodollar Rate for such Interest Period plus the Applicable Rate; and (ii) each Base Rate Loan shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate. To the extent that any calculation of interest or any fee required to be paid under this Agreement shall be based on (or result in) a calculation that is less than zero, such calculation shall be deemed zero for purposes of this Agreement.

assistant: Interests