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: other case and on no other plea, shall an action be sustained ... [and] no alleged irregularity in the assessment, or in the process or otherwise, shall be construed or taken to affect the title of the purchaser, but the same shall be declared to be good and legal. Herder Spring Hunting Club v. Keller,- Pa. -, 143 A.3d 358 (2016) (quoting Act of 1815). A five-year redemption period applied if the property was purchased by the county commissioners at tax sale. 11 . As our High Court acknowledged in Butler v. Charles Powers Estate, 620 Pa. 1, 65 A.3d 885, 886-887 (2013), various Pennsylvania statutes, such as the Municipalities Planning Code, define natural gas as a mineral. See 53 P.S. § 10107; see also Huntley & Huntley, Inc. v. Borough of Oakmont, 600 Pa. 207, 964 A.2d 855, 858 (2009) (<HOLDING>). 12 . Our High Court reasoned that such a Options: A. holding that in case of a short term marriage a presumption against awarding permanent alimony arises but such presumption is rebuttable B. recognizing a rebuttable presumption of reliance in rule 10b5 C. recognizing that while natural gas may be classified as a mineral under the municipalities planning code pennsylvania common law has applied a rebuttable presumption in the context of a private deed conveyance that the term mineral does not include oil or gas D. holding that guidelines create a rebuttable presumption E. holding that pennsylvania law applied as the parties did not argue choice of law issue and implied that pennsylvania law applied by focusing their arguments on same

assistant: The best answer is C. recognizing that while natural gas may be classified as a mineral under the municipalities planning code pennsylvania common law has applied a rebuttable presumption in the context of a private deed conveyance that the term mineral does not include oil or gas
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: Pursuant to Section 9.02(b) of the Credit Agreement and on the effectiveness of this Amendment, each Consenting Lender hereby waives any Default or Event of Default arising under Article VII(b) of the Credit Agreement as a result of the non-compliance by the Borrower with Sections 6.12(a) and 6.12(c) of the Credit Agreement, in each case, solely for the fiscal quarter ended March 31, 2018.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party’s obligations under this Section 2.17 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Revolving Line Portions and the repayment, satisfaction or discharge of all obligations under any Loan Document.

assistant: Survival
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: See Farmer v. Circuit Court of Md. for Balt. Cty., 31 F.3d 219, 223 (4th Cir. 1994) (“There is ... authority for treating sufficiently diligent, though unavailing, efforts to exhaust as, effectively, exhaustion, and for excusing efforts sufficiently shown to be futile in the face of. state dilatoriness or recalcitrance.”). Here, the West Virginia Supreme Court of Appeals took over 20 years to decide Plymail’s direct appeal of his criminal conviction. Our sister circuits have found much shorter delays sufficient to excuse the exhaustion requirement. See, e.g., Lee v. Stickman, 357 F.3d 338, 342 (3d Cir. 2004) (“[I]t is difficult to envision any amount of progress justifying an eight-year delay in reaching the merits of a petition.”); Coe v. Thurman, 922 F.2d 528, 531 (9th Cir. 1990) (<HOLDING>). The magistrate judge and the district court Options: A. holding in the context of fouryear delay that a prisoner need not fully exhaust his state remedies if the root of his complaint is his inability to do so B. holding that state prisoner seeking only monetary damages in 1983 suit need not exhaust administrative remedies pursuant to 1997e if such remedies do not provide for the award of monetary relief C. holding that the prisoner must exhaust his administrative remedies as to each defendant later sued D. holding that the prisoner has the burden of demonstrating he has exhausted his administrative remedies in his complaint E. holding that a plaintiff need not exhaust his administrative remedies to bring a retaliation claim

assistant: The best answer is A. holding in the context of fouryear delay that a prisoner need not fully exhaust his state remedies if the root of his complaint is his inability to do so
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 execution, delivery and performance referred to in Section 4.01(a) do not violate or conflict with any Law applicable to the Originator, any provision of its constitutional documents, any order or judgment of any Government Authority applicable to it or any of its assets or any contractual restriction binding on it or any of its assets, except in each case as would not reasonably be expected to have a Material Adverse Effect. The Originator has not entered into any agreement with any Obligor prohibiting, restricting or conditioning its sale, transfer or assignment of, or grant of Adverse Claims in, any portion of the Receivables.

assistant: No Conflicts
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: Estate].” It is undisputed that at the time they signed the Release, the Mahans had knowledge of Claim 7 and knew that it would be assigned to them. Debtor conceded that prior to the closing of the loan with United Southern Bank, the Mahans decided that rather than simply pay off the Loan with Mercantile Bank, they would acquire the Mercantile Bank Loan documents, including Claim 7, by way of assignment. Debtor testified that when the Mahans signed the Release, they were aware of the escrow of the assignment of Claim 7 and of the note and other Loan documents. Debtor also testified that at the time the Mahans signed the Release, they knew that once Southeastern’s debt to Mercantile Bank was paid, Mercantile Bank would assign Claim 7 to the Mahans 208, 210 (Fla. 5th Dist.Ct. App.2002) (<HOLDING>); Hold v. Manzini, 736 So.2d 138, 141 (Fla.3d Options: A. holding that despite release language discharging defendant from claims upon or by reason of any matter cause or thing whatsoever from the beginning of the world to the day of these presents release did not bar any claims accruing after the date of execution B. holding that release which barred all claims from the beginning of the world to the day of these presents included claims which the releasor had or could have had against the releasee up to the date of its execution C. holding that a release of such claims or other matters arising from the beginning of time to the date of execution of this agreement did not protect the defendant from liability arising from unconstitutional conduct that occurred after the agreements execution D. holding that all inclusive language from the beginning of the world to the days present barred all claims arising prior to releases execution E. holding that release which barred all claims from the beginning of the world to the day of the date of these presents included all claims which had matured at the time of its execution

assistant: The best answer is D. holding that all inclusive language from the beginning of the world to the days present barred all claims arising prior to releases execution
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 term of this Agreement shall commence September 15, 2016. The Associate understands and acknowledges that employment is “at will” and is terminable at any time at the will of Benefitfocus or the Associate, notwithstanding any other provisions of this Agreement, including Section 19 hereof. This Agreement shall remain in force until terminated at the will of either party or as described in Section 19 of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 7.6 sets forth, in each case as of the Agreement Date, the number of authorized shares of capital stock or similar equity interests of each of Holdings’ Subsidiaries, the number of such shares or other interests that are outstanding, and the names of the record and beneficial owners of all such shares of Holdings’ Subsidiaries. All such issued and outstanding shares or other interests are validly issued, fully paid and non-assessable, in each case, to the extent applicable.

assistant: Capitalization
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 Lender and each L/C Issuer hereby irrevocably appoints Bank of America to act on its behalf as Administrative Agent hereunder and under the other Loan Papers and authorizes Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Article are solely for the benefit of Administrative Agent, Lenders, and the L/C Issuers, and neither Borrower nor any other Company have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “ agent ” herein or in any other Loan Papers (or any other similar term) with reference to Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable Law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

assistant: Authority
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: Section 3.7 of the Lease is hereby deleted. Subject to the other terms of this Section 11, Landlord shall not during the initial Extended Term, while Original Tenant is occupying at least 75% of the RSF of the 2-4-7 Floor Premises pursuant to this Amendment, lease to another tenant any portion of the rentable space located in the Building that has become Available (as defined below) (as applicable, the “ First Right Space ”) without first offering Tenant the right (the “ First Right ”) to lease such Available First Right Space as set forth in this Section 11. First Right Space shall be deemed to be “ Available ” when Landlord commences negotiations, as evidenced by the receipt by or submittal from Landlord of a draft letter of intent, term sheet, proposal or specifically prepared and tailored lease document that Landlord is willing to accept, with a prospective tenant for such First Right Space (a “ Prospect ”, which for purposes hereof shall include at Landlord’s option the principals and any major constituent of, as well as any parent, subsidiary, affiliate or successor of, the particular prospective tenant) other than a tenant (or its assignee) under any lease of the applicable First Right Space existing as of the date of this Amendment (an “ Existing Lease ”) or a tenant under an Intervening Lease (as defined in Section 11(c)) of the applicable First Right Space, including any renewal or reletting of any such space to any such tenant (or to its assignee), whether or not such renewal or reletting is pursuant to an express written provision in such Existing Lease or Intervening Lease, and regardless of whether any such renewal or reletting is consummated pursuant to a lease amendment or a new lease. In addition, Tenant’s rights under this Section 11, as to any First Right Space, shall be subordinate to the rights, existing as of Effective Date, of tenants that have entered into leases of space in the Building or Project prior to the Effective Date (whether or not the commencement date of such leases are prior to or after the Effective Date), or granted after the date of this Amendment to a tenant or tenants leasing (i) if such tenant(s) are located in the Building, more square footage than Tenant is then leasing in the Building, or (ii) if such tenant(s) are located in other Project Buildings, more square footage than Tenant is then leasing in the Project, to the applicable First Right Space (whether pursuant to rights of first offer, expansion options, must take requirements, or otherwise) (collectively, the “ Superior Right Holders ”).

assistant: General
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: case to the United States District Court for the Northern District of Texas ("Northern District”). Plaintiff filed a "Motion to Remand” in that court, seeking remand because (1) the district court lacked subject matter jurisdiction, and (2) the Northern District was not the proper district for removal. Judge McBryde of the Northern District issued an order partially granting Plaintiff's Motion insofar as Defendants improperly removed the case to the Northern District, and transferred the case to the United Stales Court for the Western District of Texas. In the instant Motion, Plaintiff re-urges the portion of her Motion to Remand that has yet to be ruled on; that is, whether the Court has subject matter jurisdiction. 2 . See Sherrod v. Am. Airlines, 132 F.3d 1112, 1117 (5th Cir.1998) (<HOLDING>); Johnson v. Odeco Oil & Gas Co., 864 F.2d 40, Options: A. holding that affidavit submitted to the court after the plaintiffs motion to remand was sufficient to cure the defect in the removal petition B. holding that remand from texas court of criminal appeals was equivalent to filing transcript and statement of facts thereby giving parties thirty days to file a brief C. holding that trial court has no power to allow party to amend motion for new trial more than thirty days after trial court signed the final judgment and that denial of amended motion for new trial filed more than thirty days after judgment preserved nothing for appellate review D. holding that a party waives remand on the basis of a procedural defect by filing a motion to remand more than thirty days after the case is removed E. holding that the fourth circuit has jurisdiction to review a district courts sua sponte remand order even when that remand order is styled as a remand for lack of subject matter jurisdiction if the order was in fact based on the procedural insufficiency of the notice of removal

assistant: The best answer is D. holding that a party waives remand on the basis of a procedural defect by filing a motion to remand more than thirty days after the case is removed
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: remand, it should first be determined whether the actions the [plaintiffs] allege Anderson to have taken are actions that a reasonable officer could have believed lawful. If they are, then Anderson is entitled to dismissal prior to discovery. ... If they are not, and if the actions Anderson claims he took are different from those the [plaintiffs] allege (and are actions that a reasonable officer could have believed lawful), then discovery may be necessary before Anderson’s motion for summary judgment on qualified immunity grounds can be resolved. Of course, any such discovery should be tailored specifically to the question of Anderson’s qualified immunity. 483 U.S. at 641, 646-47, n. 6, 107 S.Ct. at 3039, 3042, n. 6. See also Kulwicki v. Dawson, 969 F.2d 1454, 1463 n. 11 (3d Cir.1992) (<HOLDING>); Pfeiffer v. Hartford Fire Insurance Co., 929 Options: A. recognizing the availability of summary judgment based on absolute prosecutorial immunity B. holding that prosecutors have absolute immunity C. holding that absolute prosecutorial immunity extends to civil forfeiture proceedings D. holding failure to turn over brady material after prosecutorial phase of case had begun was covered by absolute prosecutorial immunity E. holding that the considerations underlying absolute prosecutorial immunity at common law dictate the same absolute immunity under 1983

assistant: The best answer is A. recognizing the availability of summary judgment based on absolute prosecutorial 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 legal provision and list the applicable contract clause categories. Provision: The Borrowers hereby agree from time to time, as and when requested by Administrative Agent or Lenders, to execute and deliver or cause to be executed and delivered, all such documents, instruments and agreements and to take or cause to be taken such further or other action as Administrative Agent or Lenders may reasonably deem necessary or desirable in order to carry out the intent and purposes of this Amendment, the Credit Agreement and the Loan Documents.

assistant: Further Assurances
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: over the area in common with a co-occupant who later objects to the use of evidence so obtained.” Id. at 1518. The Court, however, also held that, as between a wife’s consent to a search of the family residence and her husband’s refusal to consent, "a physically present co-occupant’s stated refusal to permit entry prevails, rendering the warrantless search unreasonable and invalid as to him.” Id. at 1519. Comments, Model Civ. Jury Instr. 9th Cir. 9.13 (2007). 13 . See also Cal. Penal Code § 3067(d) (in the context of parole searches, noting "[i]t is not the intent of the Legislature to authorize law enforcement officers to conduct searches for the sole purpose of harassment.”). 14 . But see Owen v. City of Independence, 445 U.S. 622, 650-52, 657, 100 S.Ct. 1398, 63 L.Ed.2d 673 (1980) (<HOLDING>); see also Gibson v. Cty. of Washoe, Nev., 290 Options: A. holding that defendants are not entitled to qualified immunity B. holding immunity from liability is not jurisdictional C. recognizing a claim for civil liability against municipalities under 1983 D. holding individual officers entitlement to qualified immunity does not immunize municipalities from monell liability E. holding that qualified immunity is not merely immunity from damages but also immunity from suit

assistant: The best answer is D. holding individual officers entitlement to qualified immunity does not immunize municipalities from monell liability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by citing in conjunction with the claim the federal source of law on which he relies or a case deciding such a claim on federal grounds, or by simply labeling the claim "federal.” Baldwin v. Reese, 541 U.S. 27, 32, 124 S.Ct. 1347, 158 L.Ed.2d 64 (2004). Following Baldwin, we have demanded less of state ha-beas petitioners seeking to raise a federal claim, exemplified by Taylor v. Cain, 545 F.3d 327 (5th Cir.2008), where we deemed a claim fair writ and presented although the petitioner "did not label his claim as a federal constitutional one,” because "his brief made the type of arguments that support a Confrontation Clause claim” and he cited two Louisiana cases mentioning the federal confrontation right. Id. at 333-34; see also Kittelson v. Dretke, 426 F.3d 306, 316-17 (5th Cir.2005) (<HOLDING>). 5 . Absent certain exceptions not available Options: A. holding that a state defendant has a sixth amendment right guaranteed by the fourteenth amendments due process clause to compulsory process for obtaining witnesses in his favor B. holding that any confrontation right is found in the fourteenth amendments due process clause not the confrontation clause of the sixth amendment C. holding that the sixth and fourteenth amendments imply the right to selfrepresentation D. holding municipalities are not persons within the meaning of the due process clause of the fifth or fourteenth amendments E. holding that petitioner fairly presented federal confrontation and due process claims by invoking those concepts and citing the sixth and fourteenth amendments

assistant: The best answer is E. holding that petitioner fairly presented federal confrontation and due process claims by invoking those concepts and citing the sixth and fourteenth amendments
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: rovio , rovio 's licensors and channel partners do not warrant against interference with your enjoyment of the software ; that the rovio services will meet your requirements ; that operation of the rovio services will be uninterrupted or error-free , or that the rovio services will interoperate or be compatible with any other rovio services or that any errors in the rovio services will be corrected .

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: as a result of defendant’s averred negligence. Thus, there is not a rational relationship between the purported state interest of providing affordable, quality healthcare and the non-tolling provision for mental incompetents. Malpractice costs make up about: one percent of healthcare costs, and claims brought by incapacitated persons beyond the limitations period make up an extremely small proportion of all malpractice claims. The state law limitation is thus arbitrary, and unconstitutional. In a recent, thoughtful opinion striking down Georgia’s cap on non-economic damages in medical malpractice cases, Fulton County State Court Judge Diane E. Bessen reached a similar conclusion. Nestlehutt v. Atlanta Oculoplastic Surgery, P.C., No. 2007EV002223-J, slip op. at 17-19 (Feb. 9, 2009) (<HOLDING>), available at Options: A. holding that ch 980 does not violate principles of equal protection B. holding that doctrine does not violate equal protection C. holding that lprs are entitled to the protection of the equal protection clause D. holding that the state law violated equal protection principles E. holding complaint that sentence violated equal protection was waived because of failure to object at trial

assistant: The best answer is D. holding that the state law violated equal protection principles
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: are not under oath and not subject to cross-examination.” United States v. Chong, supra, 104 F. Sup. 2d 1234 n.5. Moreover, it is important to remember that “[t]he imposition of death by public authority is . . . profoundly different from all other penalties . . . .” Lockett v. Ohio, supra, 438 U.S. 605. In a capital sentencing proceeding, there is no verdict of “not guilty”—rather, a capital defendant who is not sentenced to death will receive a sentence of life imprisonment. Therefore, because the potential harm from an erroneous sentencing verdict is far greater for the defendant than it is for the state, the balance of equities requires that any inaccuracies in the capital sentencing process be resolved in favor of the defendant. See State v. Rizzo, supra, 266 Conn. 233-34 Options: A. holding that recidivism may support the imposition of a severe penalty B. holding the death penalty excessive punishment for the crime of rape C. holding that the penalty is applicable D. holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty E. recognizing the unique and irrevocable nature of the death penalty and the consequently overarching need for reliability in the imposition of such a penalty

assistant: The best answer is E. recognizing the unique and irrevocable nature of the death penalty and the consequently overarching need for reliability in the imposition of such a penalty
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 person who is or shall have been a member of the Committee, or of the Board, shall be indemnified and held harmless by the Company against and from (a) any loss, cost, liability, or expense that may be imposed upon or reasonably incurred by him or her in connection with or resulting from any claim, action, suit, or proceeding to which he or she may be a party or in which he or she may be involved by reason of any action taken or failure to act under the Plan or any Award, and (b) from any and all amounts paid by him or her in settlement thereof, with the Company’s approval, or paid by him or her in satisfaction of any judgment in any such claim, action, suit, or proceeding against him or her, provided he or she shall give the Company an opportunity, at its own expense, to handle and defend the same before he or she undertakes to handle and defend it on his or her own behalf. The foregoing right of indemnification shall not be exclusive of any other rights of indemnification to which such persons may be entitled under the Company’s Certificate of Incorporation or Bylaws, by contract, as a matter of law, or otherwise, or under any power that the Company may have to indemnify them or hold them harmless.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company may terminate the Executive’s employment if the Executive is disabled and unable to perform the essential functions of the Executive’s then existing position or positions under this Agreement with or without reasonable accommodation for a period of 180 days (which need not be consecutive) in any 12-month period. Such termination shall not affect any vested rights which Executive may have at the time of such disability pursuant to any insurance or other disability plans or agreements of the Company, which shall continue to be governed by the provision of such plans and agreements. If any question shall arise as to whether during any period the Executive is disabled so as to be unable to perform the essential functions of the Executive’s then existing position or positions with or without reasonable accommodation, the Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company to whom the Executive or the Executive’s guardian has no reasonable objection as to whether the Executive is so disabled or how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. The Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and the Executive shall fail to submit such certification, the Company’s determination of such issue shall be binding on the Executive. Notwithstanding anything to the contrary set forth in this Section 3(b), nothing in this Section 3(b) shall be construed to limit or waive the Executive’s rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq . and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.

assistant: Disability
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: basis test, the “legitimate governmental interests” served by the statute need not be the Legislature’s actual interests in adopting it nor need they be based upon articulated facts. See Cmty. Res. for Justice v. City of Manchester, 154 N.H. 748, 757 (2007). Accordingly, the Legislature need not declare its reasons for passing the tax; it is sufficient that there are just reasons for the classification. “[T]he constitutionality of a taxation classification depends upon the physical and functional characteristics of the property itself.” Opinion of the Justices, 142 N.H. 102, 107 (1997). The inherent differences between the subjects of taxation and similar property or sources of income justify differing tax treatment. See Smith v. N.H. Dep’t of Revenue Admin., 141 N.H. 681, 690 (1997) (<HOLDING>); Opinion of the Justices, 117 N.H. at 515 Options: A. recognizing differing elements and standard of proof between medical malpractice and fraud B. holding that the inherent differences between banks and other financial institutions constituted just reasons for differing tax treatment C. holding that property tax was a state tax and was thus disproportionate unreasonable and unfair because of discrepancies in tax rates of up to 400 between school districts D. holding that reasons of economy constitute just cause for abolishing a position E. recognizing broad authority to classify institutions separately for tax purposes

assistant: The best answer is B. holding that the inherent differences between banks and other financial institutions constituted just reasons for differing tax treatment
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: added). In Hayko, the injured child and his playmate were attracted onto the land by a mining shack, which we concluded, as a matter of law, was not an "unusual attraction." Id. at 146, 235 P. at 374. The child plaintiff "could not see the box of caps till he had trespassed." Id. at 145, 235 P. at 374. Thus, because the alleged attractive agency, a box of dynamite caps, did not invite the trespass, the doctrine did not apply to the injured child. 137 Moreover, contrary to the majority's assertion, we acknowledged in Hayko that the attractive nuisance doctrine applies only to trespassers: "The plaintiff was a trespasser to whom there was owing no duty, unless under the attractive nuisance doctrine...." Id. at 145, 235 P. at 374; see also Esquibel, 112 Colo. at 549-50, 151 P.2d at 759 (<HOLDING>). 138 As the court of appeals correctly Options: A. holding that the defendant was not liable for the child plaintiffs injuries resulting from climb ing on old automobiles on the defendants land because the child trespassed on the land due to its availability and proximity to her home and not because of the attraction of the automobiles B. holding that a cause of action for damages to property resulting from a permanent nuisance accrues to the owner of the land at the time the injury begins to affect the land and mere transfer of the land by deed does not transfer the claim for damages C. holding that animal husbandry operations were included in the definition of farm even if the animals do not touch the ground graze on the land or feed from crops grown on the land and holding that land used to support buildings used in the production of agricultural products is a productive use of the land D. holding that limitations began to run when the defendant began wrongfully discharging water containing harmful chemicals on the plaintiffs land and not on the date when the extent of the damages to the land were fully ascertainable E. holding that land sales contracts were not securities because they involved no investment in an enterprise even if land was bought on expectation that development of the area would increase the value of the land

assistant: The best answer is A. holding that the defendant was not liable for the child plaintiffs injuries resulting from climb ing on old automobiles on the defendants land because the child trespassed on the land due to its availability and proximity to her home and not because of the attraction of the automobiles
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Id. “[A] party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the [record] which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Where, as here, a party seeks summary judgment on an issue on which it will bear the burden of proof at trial, the moving party must support its motion “with credible evidence.. .that would entitle [it] to a directed verdict if not controverted at trial.” Wasserman v. Bressman (In re Bressman), 327 F.3d 229, 237 (3d Cir.2003) (ellipsis in original) (citation omitted); see also El v. Se. Pa. Trans. Auth., 479 F.3d 232, 237 (3d Cir.2007) (<HOLDING>). In considering the evidence, the court must Options: A. holding that the moving party for summary judgment bears the initial burden of demonstrating the absence of a genuine issue of material fact for trial B. holding that to survive a motion for summary judgment a party must make a showing sufficient to establish the existence of an element essential to that partys case and on which that party will bear the burden of proof at trial C. holding a party moving for summary judgment on an issue on which it bears the burden of proof at trial must show that it has produced enough evidence to support the findings of fact necessary to win D. recognizing that the burden on summary judgment shifts to the nonmoving party once the moving party has met its initial responsibility of showing the absence of a triable issue of fact and that the moving party is entitled to summary judgment if the nonmoving party fails to make a sufficient showing on an essential element of the case E. recognizing that even where a party has the burden of proof at trial that party need not produce proof supporting his claim in response to a motion for summary judgment unless the movant has first presented evidence that would negate an element of the nonmovants claim or indicates that the nonmovant will be unable to meet his burden at trial it is never enough simply to state that the nonmoving party cannot meet its burden at trial

assistant: The best answer is C. holding a party moving for summary judgment on an issue on which it bears the burden of proof at trial must show that it has produced enough evidence to support the findings of fact necessary to win
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: Schrader argues for the first time on appeal the potential of physical harm from the sexual-assault allegations. He offers no reasoning or supporting facts. Even if Schrader preserved this argument, alleging possible physical harm, without more, is too speculative to justify exclusion under Rule 32(d)(3)(C). See United States v. Bartlett, 416 Fed.Appx. 508, 510 (6th Cir. 2011) (finding no violation of Rule 32 where the district court refused to strike sexual-abuse allegations and instead indicated it did not resolve their truth). The district court followed Rule 32 in ruling on the disputed PSR paragraphs. Compliance with Rule 32 sufficiently alleviates any concern that others will rely on the unproven allegations. See United States v. Hopkins, 824 F.3d 726, 735 (8th Cir. 2016) (<HOLDING>). Because Rule 32 does not compel exclusion of Options: A. holding that the state as well as the defendant has a right to rely on compliance with rule 16 B. holding that a district court may rely on undisputed conclusory statements in the psr even in the absence of supporting evidence C. holding that plainerror review applies when a defendant fails to make a specific rule 32i3b objection based on a district courts failure to resolve a factual dispute D. holding remand not required where district court relied on federal psr that incorporated facts from state psr not objected to by defendant to determine prior conviction was controlled substance offense for purposes of career offender sentence enhancement under guidelines E. holding concerns that prison officials will rely on unfounded detrimental psr information are met by a district courts compliance with rule 32i3b

assistant: The best answer is E. holding concerns that prison officials will rely on unfounded detrimental psr information are met by a district courts compliance with rule 32i3b
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: Novartis’s obligations pursuant to this Section 6 will expire (i) with respect to shares of Akcea Common Stock transferred by Novartis in an arm’s length transfer to a non-Affiliate in compliance with this Agreement, immediately prior to such transfer, and (ii) upon the date on which Novartis beneficially owns less than 7.5% of Akcea’s outstanding Common Stock on an issued and outstanding basis without giving effect to any convertible securities.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in light of the bankruptcy court’s pre-Stern v. Marshall holding that it had authority to adjudicate the claims because they were core, and its post-Stern v. Marshall holding that it had' authority to adjudicate the claims because Skyline had consented. See J.A. 143 (pre-Stern v. Marshall holding); Empire State Bldg. Trust Co. v. N.Y. Skyline, Inc. (In re N.Y. Skyline, Inc.), 471 B.R. 69, 78-80 (Bankr.S.D.N.Y.2012) (post-Stern v. Marshall holding). Simply put, Skyline twice objected to the bankruptcy court’s; authority, and the bankruptcy court twice rejected its arguments. Under those circumstances, Skyline’s acquiescence to the bankruptcy court’s rulings does not establish unambiguous consent, waiver, or forfeiture. See Jacques v. DiMarzio, Inc., 386 F.3d 192, 201 (2d Cir.2004) (<HOLDING>); Anderson v. Branen, 17 F.3d 552, 557 (2d Options: A. holding an argument waived in part because the party failed to develop it in the district court B. holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court C. holding argument not waived for failure to object where party previously raised argument and district court considered and rejected it D. holding that argument raised at oral argument that was not included in brief is waived E. holding that argument not raised in opening brief is waived

assistant: The best answer is C. holding argument not waived for failure to object where party previously raised argument and district court considered and rejected it
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall give prompt notice to Lender of any litigation or governmental proceedings pending or, to its knowledge, threatened against Borrower, Guarantor or Manager which, if adversely determined, 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: is a trustee for approximately 15 different family trusts. The trustee’s recollection of the specifics of the trust at issue and his dealings with Lesinski is somewhat vague. {¶ 15} Appellant argues that the inconsistencies between Lesinski’s and the trustee’s testimony regarding the trustee’s monitoring of Lesinski’s investment of trust assets create a genuine issue of material fact precluding summary judgment. We first establish that it is uncontested that the trustee received at least quarterly and annual statements concerning the trust, some of which were prepared by Merrill Lynch and some of which were prepared by the accountant the trustee retained to manage the family trusts. While Ohio law has defined and analyzed many duties of a trustee, the R.C. 1339.59( 7, 41 Cal.Rptr. 410 (<HOLDING>). {¶ 16} An example of the alleged Options: A. holding that an error is plain if it is clear or obvious B. holding that the appropriate standard of review is abuse of discretion C. holding that it is obvious that the discretion given to a trustee is never unlimited or arbitrary such as might be exercised by an oriental prince out of the arabian nights sitting at the city gate and exercising his own uncontrolled whim as to what is appropriate and just D. holding that while a court may direct that discretion be exercised it may not specify how that discretion is to be exercised nor require the performance of a particular discretionary act E. holding that where the statute in question required that the measure of fair market value shall be as determined by the secretary the court cannot substitute its own discretion for properly exercised administrative discretion

assistant: The best answer is C. holding that it is obvious that the discretion given to a trustee is never unlimited or arbitrary such as might be exercised by an oriental prince out of the arabian nights sitting at the city gate and exercising his own uncontrolled whim as to what is appropriate and just
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 shall, on or before 8:30 a.m., New York City time, on the first business day after the date of this Agreement, issue a press release and/or Current Report on Form 8-K (collectively, the “ 8-K Filing ”) disclosing all material terms of the transactions contemplated hereby. From and after the issuance of the 8-K Filing, the Investor shall not be in possession of any material, nonpublic information received from the Company or any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agents, that is not disclosed in the 8-K Filing. The Company shall not, and shall cause its officers, directors, employees, affiliates and agents, not to, provide the Investor with any material, nonpublic information regarding the Company from and after the filing of the 8-K Filing without the express written consent of the Investor. To the extent that the Company delivers any material, non-public information to the Investor without the Investor's express prior written consent, the Company hereby covenants and agrees that the Investor shall not have any duty of confidentiality to the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agent with respect to, or a duty to the to the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agent or not to trade on the basis of, such material, non-public information. The Company shall not disclose the name of the Investor in any filing, announcement, release or otherwise, unless such disclosure is required by law or regulation. In addition, effective upon the filing of the 8-K Filing, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its subsidiaries or any of their respective officers, directors, affiliates, employees or agents, on the one hand, and the Investor or any of its affiliates, on the other hand, shall terminate and be of no further force or effect. The Company understands and confirms that the Investor will rely on the foregoing representations in effecting transactions in securities of the Company.

assistant: Disclosures