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: the words of Mr. Chief Justice Marshall, 'is of the very essence of judicial duty.”\’) (internal citation omitted); Columbia Falls Elem. Sch. Dist. No. 6 v. State, 326 Mont. 304, 109 P.3d 257, 260-61 (2005) (rejecting Baker v. Carr-based political question argument and concluding that, "[a]s the final guardian and protector of the right to education, it is incumbent upon the court to assure that the system enacted by the Legislature enforces, protects and fulfills the right [to education]”); Claremont Sch. Dist. v. Governor, 138 N.H. 183, 635 A.2d 1375, 1381 (1993) (concluding that constitutional right to adequate education is justiciable and that "any citizen” has standing to "enforce the State’s duty” to fulfill this right); Abbott v. Burke, 149 N.J. 145, 693 A.2d 417, 428-29 (1997) (<HOLDING>); Campaign for Fiscal Equity, Inc. v. State, 86 Options: A. holding in the absence of exceptional circumstances deference should be given to trial court B. holding that a school board policy prohibiting employees from sending their children to private schools interfered with employees constitutional right to control the education of their children C. holding that while legislative findings are due deference that cannot foreclose a courts constitutional analysis D. holding that a trial courts statutory interpretation is given no deference on review E. holding that while deference should be given to legislative content and performance standards it is still the courts duty to ensure that these standards together with funding measures comport with the constitutional guarantee of a thorough and efficient education for all new jersey school children

assistant: The best answer is E. holding that while deference should be given to legislative content and performance standards it is still the courts duty to ensure that these standards together with funding measures comport with the constitutional guarantee of a thorough and efficient education for all new jersey school children
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we may ask you to supply additional information relevant to your transaction , including , without limitation , your credit card number , the expiration date of your credit card , your billing address and additional information to verify your identity before completing your transaction ( such information , `` payment information '' ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Employee’s Service with the Corporation or a Subsidiary or an Affiliate terminates during the Vesting Period because of the Employee’s Retirement, due to his or her Disability or due to his or her death, the Employee (or, in the case of the Employee’s death, the Employee’s beneficiary) will be entitled to the Shares attributable to any previously vested Restricted Stock Units, and a prorated number of Shares attributable to the Restricted Stock Units scheduled to vest at the next annual Vesting Date scheduled to occur following the Employee’s termination of Service. The prorated number of Shares shall be determined by multiplying the total number of Restricted Stock Units scheduled to vest at such Vesting Date by a fraction, the numerator of which is the number of completed full months the Employee is employed (including disability) [during the calendar year in which the Employee terminates employment] [from the previous annual Vesting Date (or the Grant Date if the Employee’s Service terminates within 12 months of the Grant Date) to the date of termination of Service], and the denominator of which is 12.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be signed in any number of counterparts with the same effect as if the signatures to each counterpart were upon a single instrument, and is intended to be binding when all parties have delivered their signatures to the other parties. Signatures may be delivered by facsimile transmission or by e-mail in a portable document format ( pdf ). All counterparts shall be deemed an original of this Agreement.

assistant: Counterparts
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: association with, supervision of, delegation of authority to, support for, training of, or participation in a private group practice with, a member or members of a particular class of health care practitioner or professional, or (E) any other matter that does not relate to the competence or professional conduct of a physician. 42 U.S.C. § 11151(9). 18 . Respondents assert that Dr. Freilich's "asserted bad faith whistle-blower animus standard ... conflicts with HCQIA’s objective reasonableness standard.” 19 . Our holding is also consistent with cases in which we set forth a plaintiff's burden when faced with a defense motion for summary judgment under other totality of the circumstances tests. See, e.g., Jones v. Mid-Atlantic Funding Co., 362 Md. 661, 681, 766 A.2d 617, 628 (2001) (<HOLDING>); see also Magee v. DanSources Tech. Servs., Options: A. holding that the plaintiffs burden at summary judgment in a case involving a totality of the circumstances test is whether the facts put forth by petitioners examined in their totality and in the light most favorable to the nonmoving party might satisfy a trier of fact that the test was met B. holding that the government bears the burden of proving voluntary consent under the totality of the circumstances C. holding that the reasonableness inquiry is based upon the totality of the circumstances in determining whether or not a search was reasonable D. holding that the level of detail in testimony is a relevant factor in the totality of the circumstances test of credibility employed by immigration judges E. holding that the evidence is viewed in the light most favorable to the nonmoving party and all doubts are resolved against the moving party

assistant: The best answer is A. holding that the plaintiffs burden at summary judgment in a case involving a totality of the circumstances test is whether the facts put forth by petitioners examined in their totality and in the light most favorable to the nonmoving party might satisfy a trier of fact that the test was met
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 9.3(f)(iii) , each Tag-along Member shall take all actions as may be reasonably necessary to consummate the Tag-along Sale, including, without limitation, entering into agreements and delivering certificates and instruments (including instruments of transfer duly executed in blank), in each case, consistent with the agreements being entered into and the certificates and instruments being delivered by the Selling Member.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: have been apparent on the face of a disclosure statement. Because § 1641(e) provides that “[e]xcept as otherwise specifically provided in this subchapter,” this is the “only” circumstance in which a TILA action with respect to a consumer credit transaction secured by real property may be maintained against an assignee, it follows that assignee liability is unavailable here and that plaintiffs cannot pursue their TILA claim against FNMA for violation of § 1639f. In opposing this outcome, plaintiffs urge the Court to expand § 1640(a) civil remedies for TILA violations to reach all creditors and assignees. They are absolutely correct that TILA is a consumer protection statute to be construed liberally. See, e.g., Brown v. CitiMortgage, Inc., 817 F.Supp.2d 1328, 1334-35 (S.D.Ala.2011) (<HOLDING>) (citations omitted). However, the liberal Options: A. holding that courts must construe the complaint liberally in favor of the plaintiff by giving the plaintiff the benefit of all the inferences that can be reasonably drawn from the pleaded facts B. recognizing the strong remedial purpose of tila and the obligation to construe tila liberally in the consumers favor C. recognizing courts special duty to construe liberally a pro se plaintiffs pleadings D. holding that courts should liberally construe the requirements of rule 3 E. recognizing that we construe pro se complaints liberally

assistant: The best answer is B. recognizing the strong remedial purpose of tila and the obligation to construe tila liberally in the consumers favor
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 11 of the Warrant, the parties hereto hereby amend the Warrant, as of the date hereof, by deleting Sections 11 (b) through 11 (e).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Collateral Document may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto were upon the same instrument. Delivery of an executed signature page to this Agreement by facsimile transmission or by other electronic transmission (including “.pdf” or “.tif”) shall be as effective as delivery of a manually signed counterpart of this Agreement.

assistant: Counterparts
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 medical devices, as well as the brief mention of Med-tronic’s profits from off-label uses) is based on Plaintiff’s Original Complaint, see Docket Entry No. 1, which the Court must assume to be true at this stage. 2 . See also Gavin, 2013 WL 3791612, at *17 (dismissing all claims except a failure-to-report adverse events to FDA claim); Ledet v. Medtronic, Inc., 2013 WL 6858858, at *4-6 (S.D.Miss. Dec. 30, 2013) (dismissing all claims as expressly or impliedly preempted). 3 . See also McDonald-Lerner, M.D. v. Neurocare Assocs., P.A., No. 373859-V (Md.Cir.Ct. Aug. 29, 2013) (adopting Ramirez’s reasoning and denying motion to dismiss). 4 . Courts have drawn this same distinction in other areas of preemption law. See, e.g., Martin v. Ford Motor Co., 914 F.Supp. 1449, 1454 (S.D.Tex.1996) (<HOLDING>). 5 . Because of the importance of this issue, Options: A. holding in preemption case involving car manufacturer that material omission claims were preempted but that false representation claims survived B. holding that fraud claim requires proof that the defendant made a material representation that was false C. holding the state law claims were not preempted D. holding that state law fraud claims are preempted by the federal labor law duty of fair representation E. holding that a false representation of a material matter of fact is a necessary element of a rescission claim

assistant: The best answer is A. holding in preemption case involving car manufacturer that material omission claims were preempted but that false representation claims survived
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: injury to: (B) a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age. Johnson argues that the evidence is insufficient to support her conviction for battery. First, Johnson argues that the evidence is insufficient to prove that A.J. sustained a bodily injury. Specifically, Johnson contends that the evidence was insufficient because the State relied on McKenzie's uncorroborated testimony to prove the bodily injury element of the battery charge and did not introduce any physical evidence. Second, Johnson ar gues that her conviction for battery should be reversed because she had legal authority to discipline A.J. First, the evidence at the bench trial was sufficient to show that Johnson caused bodily injury to A.J. Bodily App.2003) (<HOLDING>), trans. denied; Tucker, 725 N.E.2d at 898 Options: A. holding that witnesss testimony was sufficient to support the trial courts finding that defendant committed battery that resulted in bodily injury B. holding evidence sufficient to support trial courts finding in aggravation that the offense was planned C. holding that the fatal injury to a murder victim may be considered as satisfying the bodily injury component of the capital felony of kidnapping with bodily injury D. holding that the evidence is sufficient to sustain a conviction for aggravated battery when the bodily member that is lost or rendered useless in the battery is a tooth E. holding witnesss testimony identifying appellant is sufficient standing alone to support conviction

assistant: The best answer is A. holding that witnesss testimony was sufficient to support the trial courts finding that defendant committed battery that resulted in bodily injury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As a condition for obtaining Lessor's consent to any assignment, encumbrance or sublease, Lessee must require that the rent payable by such assignee or sublessee is at least at the then current rental rates for the Premises or comparable premises in the Building, and, if Lessor so requests, shall require that the assignee or sublessee remit directly to Lessor on a monthly basis, all rent due to Lessee by said assignee or sublessee (and should Lessor not request that the assignee or sublessee remit directly to Lessor the rent due to Lessee, then the assignee or sublessee shall not make any payment to Lessor on behalf of Lessee). Lessee shall pay upon demand Lessor's reasonable out-of-pocket processing costs and attorneys' fees incurred in determining whether to give such consent. Notwithstanding any permitted assignment or subletting, Lessee shall at all times remain directly, primarily and fully responsible and liable for all payments owed by Lessee under this Lease and for compliance with all obligations under the terms, provisions and covenants of this Lease. If for any proposed assignment or sublease, Lessee receives rent or other consideration (including, but not limited to, sums paid for the sale or rental of Lessee's personal property or sums paid in connection with the supply of electricity or HVAC), either initially or over the term of the assignment or sublease, in excess of the Base Rental required by this Lease, or, in the case of the sublease of a portion of the Premises, in excess of such rent fairly allocable to such portion, after adjustments for payments to brokers and all other related costs for the sublease, Lessee shall pay to Lessor as additional rent fifty percent (50%) of the excess of each such payment of rent or other consideration received by Lessee within five (5) days of its receipt. Furthermore, for any proposed sublease, the sublease agreement (a) shall require Lessee and Sublessee to send Lessor copies of any and all notices concerning the Premises that either Party shall send to one another, and (b) shall require Sublessee to obtain a waiver of subrogation against Lessor from Sublessee's insurers. Lessor's consent, if granted, to any assignment or sublease shall be deemed limited solely to said original assignment or sublease, and Lessor reserves the right to consent or to withhold consent with respect to any further or additional assignments, sublets or other transfers of the Lease.

assistant: Assignments
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 entire cost of performing the Work (including design of the Work and preparation of the Working Drawings, costs of construction labor and materials, additional janitorial services, general tenant signage, related taxes and insurance costs, all of which costs are herein collectively called the “ Total Construction Costs ”) shall be paid by Tenant, subject to Section 6 hereof. Landlord will not charge a construction management or similar fee for the Work, but Tenant shall reimburse Landlord for its out-of-pocket expenses in engaging unrelated consultants to review specialized improvements or installations, not to exceed $2,000 in any one instance or $5,000 in total. There shall be no Tenant charge for utilities, loading docks or elevators during the construction period.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, the Employee shall be entitled to vacation each full calendar year in accordance with the Company’s Paid Time Off Policy. Any vacation shall be taken at the reasonable and mutual convenience of the Company and the Employee. Holidays shall be provided in accordance with Company policy, as in effect from time to time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed, including execution by facsimile signature, in one or more counterparts, each of which will be deemed an original, and all of which together will be deemed to be one and the same instrument.

assistant: Counterparts
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 Arkansas Code Annotated sections 16-112-101 to -123 (Repl. 2006), seeking release from custody. On November 7, 2016, the trial court entered an order in which it denied the relief sought in the two pleadings and in the letter. Leach brings this appeal. |aWith respect to the habeas petition, the trial court correctly held that the petition was not properly addressed to the trial court. At the time that Leach filed the habeas petition in Washington County, he was incarcerated at a unit of the Arkansas Department of Correction located in Jackson County. Accordingly, the trial court did not have jurisdiction to have the writ, if issued, returned to it. Malone v. State, 2016 Ark. 379, at 6, 501 S.W.3d 807, 811 (per curiam); Johnson v. McClure, 228 Ark. 1081, 312 S.W.2d 347, 349 (1958) (<HOLDING>). Any petition for writ of habeas corpus to Options: A. holding that a writ of habeas corpus cannot be used to review the weight of evidence B. holding that a writ of habeas corpus cannot be used to review the weight of evidence C. holding a court cannot issue and make returnable to it a writ of habeas corpus if the petitioner is outside the courts authority D. holding that petitioner could not challenge his conviction on the grounds that the indictment failed to charge an essential element of the crime through a writ of habeas corpus E. holding that managing conservator while in texas to seek return of child by writ of habeas corpus may not be served with civil process and is subject to jurisdiction of court in which habeas corpus is pending and only for purpose of prosecuting writ of habeas corpus

assistant: The best answer is C. holding a court cannot issue and make returnable to it a writ of habeas corpus if the petitioner is outside the courts 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: All notices, approvals, requests, demands and other communications hereunder shall be delivered or made in the manner set forth in, and shall be effective in accordance with the terms of, the Purchase Agreement or, in the case of communications to the Agent, directed to the notice address set forth in the Security Agreement; provided, that any communication shall be effective as to any Guarantor if made or sent to BTCS in accordance with the foregoing.

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: Borrowers shall deliver to Administrative Agent the following financial information, all of which shall be prepared in accordance with generally accepted accounting principles consistently applied, and shall be accompanied by a compliance certificate in the form of Exhibit C hereto: (i) no later than thirty (30) days after each month which is not a calendar quarter end and forty-five (45) days after each quarter ending calendar month, copies of internally prepared financial statements, including, without limitation, (A) balance sheets and statements of income of Borrowers, on a consolidating basis, (B) cash flow and statements of equity on a consolidated basis certified by the Chief Financial Officer of each Borrower; (ii) no later than forty-five (45) days after each calendar quarter, a calculation of all financial covenants contained in this Agreement; and (iii) no later than one hundred twenty (120) days after the end of each of Borrowers’ Fiscal Years, audited annual financial statements with an unqualified opinion by independent certified public accountants selected by Borrowers and reasonably satisfactory to Administrative Agent, which financial statements shall be accompanied by copies of any management letters sent to a Borrower by such accountants.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: F.3d at 217 — 18 (classifying the “radio dispatch tape made during defendant’s arrest” as potentially useful evidence). Generett has given us no reason why the LeSabre or its contents plainly would exculpate him and indeed he has not even cited Brady v. Maryland in his brief to this court. Generett fares no better under the “potentially exculpatory evidence” test. Most importantly, he has given us no reason to believe that the government officials acted in bad faith by auctioning off the LeSabre in this case. The record reveals no evidence of a “calculated effort to circumvent [Brady’s] disclosure requirements” or “official animus” or a “conscious effort to suppress exculpatory evidence.” Trombetta, 467 U.S. at 488,104 S.Ct. 2528; Young-blood, 488 U.S. at 58; Jobson, 102 F.3d at 218 (<HOLDING>); cf. Monzo v. Edwards, 281 F.3d 568, 580 (6th Options: A. holding that instruction was not supported by the evidence and was properly refused where the defendant never seriously argued that the police exercised bad faith in failing to preserve evidence and the police gave a reasonable explanation B. recognizing that even where the plaintiff presents evidence of selective treatment failure to demonstrate malice or bad faith requires dismissal of the claim C. holding that a bad faith claim is a tort D. holding that officers were not justified in conducting a protective sweep incident to the defendants arrest despite the defendants alleged involvement with narcotics and possession of weapons because the defendant did not resist and there was no noise or other evidence suggesting anyone else was present in the house E. holding that despite the governments dilatory response to defendants discovery requests the government did not act in bad faith because there is no evidence that anyone suspected that the tape was exculpatory and the tape was erased not as a result of malice but routine police department policy

assistant: The best answer is E. holding that despite the governments dilatory response to defendants discovery requests the government did not act in bad faith because there is no evidence that anyone suspected that the tape was exculpatory and the tape was erased not as a result of malice but routine police department policy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No amendment, modification, termination or waiver of any provision of this Note or any other Loan Document, and no consent to any departure by Borrower herefrom, shall in any event be effective unless the same shall be in writing and signed by Lender, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive acknowledges that the Company and its Affiliates continually develop Confidential Information; that the Executive has developed and will continue to develop Confidential Information for the Company and its Affiliates and that the Executive has learned and will continue to learn of Confidential Information during the course of employment. The Executive will comply with the policies and procedures of the Company and its Affiliates for protecting Confidential Information and shall never use or disclose to any Person (except as required by applicable law or for the proper performance of his duties and responsibilities to the Company and its Affiliates) any Confidential Information obtained by the Executive incident to his employment or other association with the Company or any of its Affiliates. The Executive understands that this restriction shall continue to apply after his employment terminates, regardless of the reason for such termination. For the avoidance of doubt, (a) nothing contained in this Agreement limits, restricts or in any other way affects the Executive’s communicating with any governmental agency or entity, or communicating with any official or staff person of a governmental agency or entity, concerning matters relevant to such governmental agency or entity and (b) the Executive will not be held criminally or civilly liable under any federal or state trade secret law for disclosing a trade secret (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, solely for the purpose of reporting or investigating a suspected violation of law, or (ii) in a complaint or other document filed under seal in a lawsuit or other proceeding; provided , however , that notwithstanding this immunity from liability, the Executive may be held liable if he unlawfully accesses trade secrets by unauthorized means.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term (as defined below), Executive will serve as Chief Executive Officer of the Company, reporting to the Board of Directors, and assuming and discharging such responsibilities as are commensurate with Executive’s position. During the Term, Executive will provide services in a manner that will faithfully and diligently further the business of the Company and will devote a substantial portion of Executive’s business time, attention and energy thereto. Notwithstanding the foregoing, nothing in this Agreement shall restrict Executive from managing his investments, other business affairs and other matters or serving on civic or charitable boards or committees, provided that no such activities unduly interfere with the performance of his obligations under this Agreement, provided that Executive shall honor the non-competition and non-solicitation terms as per Section 16 below. During the Term, Executive agrees to disclose to the Company those other companies of which he is a member of the Board of Directors, an executive officer, or a consultant.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: concerning condition of airplane, coupled with advertising in general circulation magazine in Illinois, and sale of airplane in Massachusetts knowing that it would be returned to Illinois satisfied due process requirements for Illinois jurisdiction); Ammon v. Kaplow, 468 F.Supp. 1304, 1311-12 (D.Kan.1979) (contacts over the telephone by New York seller with Kansas buyer, especially when coupled with misrepresentations in journal mailed into Kansas concerning condition of horse, and certain misrepresentations and other activities in New York incident to effecting sale, subjected New York seller to jurisdiction in Kansas for resolution of the buyer’s fraud claim consistent with due process). See also Bennett Waites Corp. v. Piedmont Aviation, Inc., 563 F.Supp. 810, 812 (D.Colo.1983) (<HOLDING>). In addition, courts have upheld personal Options: A. holding that foreseeability of causing injury in forum state is not sufficient for specific personal jurisdiction B. recognizing that where plaintiff is from the forum state and defendant is from an alternate forum each forum can claim a connection to one of the parties C. holding that personal jurisdiction is not required to make an outofstate parent a party to custody action where the state court has subject matter jurisdiction under the uniform child custody jurisdiction act D. recognizing potential for personal jurisdiction where specific misrepre sentations have been made by telephone from outofstate into the forum state E. holding that personal jurisdiction was lacking when the only contact by defendant with forum state was initiated by plaintiffs counsels paralegal for the sole purpose of establishing personal jurisdiction

assistant: The best answer is D. recognizing potential for personal jurisdiction where specific misrepre sentations have been made by telephone from outofstate into the forum state
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: constitutional rights are violated if the burden of the tax falls equally upon all members of the class, even though other classes bear lighter burdens or are wholly exempt, provided that the classification is reasonable and is not arbitrary. (See Fox etc. Corp. v. City of Bakersfield, supra, 36 Cal.2d at p. 142; City of Berkeley, supra, at p. 1344; Park ’N Fly of San Francisco, Inc. v. City of South San Francisco (1987) 188 Cal.App.3d 1201, 1213 [234 Cal.Rptr. 23].) It follows that where, as here, the classification itself is reasonable or the challengers have failed to meet their burden of negating any conceivable basis for it, disparity in tax rates between classes, or a dramatic increase in a tax rate as to one distinct cl v. Deukmejian (1991) 227 Cal.App.3d 663 [278 Cal.Rptr. 128] (<HOLDING>); California Trial Lawyers Assn. v. Eu (1988) Options: A. holding that the medicaid statute as amended by the federal nursing home reform amendments did not create a private cause of action for nursing home residents against nursing homes B. holding claim that negligent supervision caused assault was health care liability claim because it was inseparable from the health care and nursing services provided C. holding that a manufacturer who sold its health care products to a wholesaler for distribution and in return received sales reports and records from the wholesaler is not a consumer under the njcfa D. recognizing an individuals right of privacy in the content of health records and noting that health records are the property of the health care entity maintaining them E. holding prop 105 the publics right to know act that provided for disclosure requirements for advertising regarding household toxic products seniors health insurance nursing homes statewide initiative campaigns and sales of stocks and securities in businesses involved in south africa violated the singlesubject rule

assistant: The best answer is E. holding prop 105 the publics right to know act that provided for disclosure requirements for advertising regarding household toxic products seniors health insurance nursing homes statewide initiative campaigns and sales of stocks and securities in businesses involved in south africa violated the singlesubject rule
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Letter Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, United States of America, without reference to conflicts of laws (other than section 5-1401 of the New York General Obligations Law).

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by accepting this agreement , you represent that you are at least eighteen ( 18 ) years of age ( or the legal age of majority in your jurisdiction , if greater ) and you have the legal authority to enter into this agreement .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The employment term (the “ Employment Term ”) of Executive’s employment under this Agreement shall be for the period commencing on July 16, 2018 (the “ Commencement Date ”) and ending on the third (3rd) anniversary of the Commencement Date. Thereafter, the Employment Term shall extend automatically for consecutive periods of one year unless either party provides notice of non-renewal not less than ninety (90) days prior to the end of the Employment Term as then in effect.

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: Employee agrees that all Confidential Information and all records, documents and materials relating to all Confidential Information (including all copies thereof) shall be and remain the sole and exclusive property of a Banking Organization, and upon Employee’s termination of employment, all such Confidential Information, whether in paper or electronic form, shall be returned to a Financial Institution in good condition, without Employee retaining a copy thereof, including, but not limited to, retaining an electronic copy on any electronic device regardless of whether such device is owned by Employee. Upon termination of Employee’s employment, Employee shall immediately return to the Bank (if subsequent to the Effective Time) or Heritage (if prior to the Effective Time), all Banking Organizations documents and property, including, but not limited to, Confidential Information, computer discs, manuals, reports, files, memoranda, records, door and file keys, passwords and access codes, and any other physical or tangible things that Employee received, prepared, or helped prepare in connection with the Employee’s employment, and Employee shall not retain any copies, duplicates, reproductions or excerpts thereof. At the Bank’s or Heritage’s request, Employee shall provide written verification under the penalties for perjury of his/her compliance with this covenant.

assistant: No
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: 20 Whitman, 293 Mich App at 232, n 1. 21 Id. at 230. 22 Whitman, 493 Mich at 309. 23 Id. 24 It is difficult to see how a statement the mayor allegedly made after he had already declined to reappoint plaintiff would influence his decision not to reappoint him. 25 See, for example, West v Gen Motors Corp, 469 Mich 177, 186; 665 NW2d 468 (2003) (to satisfy causation requirement under the WPA, a plaintiff must show “something more than merely a coincidence in time between protected activity and adverse employment action”); Tuttle v Metro Gov’t of Nashville & Davidson Co, Venn, 474 F3d 307, 321 (CA 6, 2007) (“[t]he law is clear that temporal proximity, standing alone, is insufficient to establish a causal connection for a retaliation claim”); Shaw v Ecorse, 283 35; 630 NW2d 46 (2001) (<HOLDING>). 27 Burton Ordinances 6.2(b) states that the Options: A. holding that a sixmonth gap between the protected activity and the employees termination was insufficient to infer that the protected activity was a contributing factor B. holding that more than a year between the protected activity and the discharge is not close enough to support the causal connection requirement C. holding that a lengthy delay of approximately a year between plaintiffs reports and her termination does not support an inference she was fired because of the protected activity D. holding that a 17 month time period between the employees protected speech and his termination could not support an inference of causation E. holding that a threeyear gap between the protected activity and the adverse employment action was insufficient to support an inference of causation

assistant: The best answer is C. holding that a lengthy delay of approximately a year between plaintiffs reports and her termination does not support an inference she was fired because of the protected activity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event the Committee shall determine that a corporation has ceased to be a Subsidiary, such former Subsidiary shall be deemed to have withdrawn from the Plan as of the first day of the next succeeding month, following such determination of the Committee, or, in lieu thereof, as of such other date as the Committee shall determine. Thereupon, the Plan is deemed to have been discontinued with respect to the employees of said former Subsidiary.

assistant: Subsidiaries
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: them). 4 . Id. 5 . The jurisprudence of this Court informs us that, regardless of whether we characterize the issue as one of jurisdiction or one of judicial authority, throughout the overwhelming history of this Court we have held such orders to be void. 6 . This Court has held numerous times that a void judgment can be attacked for the first time on appeal because the judgment was a nullity and there is nothing to preserve. See Nix, 65 S.W.3d at 667-68; Seidel, 39 S.W.3d at 225; Hoang v. State, 872 S.W.2d 694, 697-98 (Tex.Crim.App.1993). But see Marin v. State, 851 S.W.2d 275, 279 (Tex.Crim.App.1993). It would seem that if the orders entered in this case are void due to the court lacking jurisdiction, then Appellant would have no duty to object at trial. Marin, 851 S.W.2d at 279 (<HOLDING>). On the other hand, if the orders entered were Options: A. holding that lack of jurisdiction cannot be cured by consent B. holding that lack of standing cannot be waived and may be raised for the first time by an appellate court on its own motion C. holding that lack of justiciable interest resulted in lack of standing to pursue claim and that lack of standing deprived the trial court of jurisdiction to act D. holding that a lack of jurisdiction is a category one claim that cannot be waived or forfeited E. holding that courts lack jurisdiction to address merits of a claim where party raising the claim is found to lack standing to maintain suit

assistant: The best answer is D. holding that a lack of jurisdiction is a category one claim that cannot be waived or forfeited
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All present or future taxes, levies, imposts, duties, deductions, withholdings (including backup withholding), assessments, fees or other charges in the nature of a tax imposed by any governmental authority, including any interest, additions to tax or penalties applicable thereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive’s employment with the Company shall terminate on the Termination Date. Upon cessation of his employment with the Company for any reason, unless otherwise consented to in writing by the Board, the Executive shall resign immediately from any and all officer, director, manager and other positions he then holds with the Company or its Affiliates. Upon any cessation of his employment with the Company, the Executive shall be entitled only to such compensation and benefits as described in this Section 4. Upon cessation of his employment with the Company for any reason, the Company shall pay to the Executive (i) all accrued and unpaid base salary of the Executive through the date of such cessation of employment at the time such base salary would otherwise be paid according to the Company’s usual payroll practices and (ii) any accrued but unused vacation of the Executive through the date of such cessation of employment in accordance with the Company’s policies.

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: given full effect. Lanier v. Rains, 229 S.W.3d 656, 661 (Tenn.2007). When the language of a statute is ambiguous in that it is subject to varied interpretations producing contrary results, Walker, 249 S.W.3d at 309, we construe the statute’s meaning by examining “the broader statutory scheme, the history of the legislation, or other sources.” State v. Sherman, 266 S.W.3d 395, 401 (Tenn.2008). However, when the import of a statute is unambiguous, we discern legislative intent “from the natural and ordinary meaning of the statutory language within the context of the entire statute without any forced or subtle construction that would extend or limit the statute’s meaning.” State v. Flemming, 19 S.W.3d 195, 197 (Tenn.2000); see also In re Adoption of A.M.H., 215 S.W.3d 793, 808 (Tenn.2007) (<HOLDING>). We presume that “the General Assembly is Options: A. holding that we must give effect to the plain and ordinary meaning of a statutes language B. holding that statutory words must be given their ordinary contemporary meaning C. recognizing that where the statutory language is not ambiguous the plain and ordinary meaning of the statute must be given effect D. holding that bribery must be given its ordinary meaning at the time of the enactment of the relevant statute E. holding that the clear and unambiguous words of an insurance contract should be given their plain and ordinary meaning

assistant: The best answer is C. recognizing that where the statutory language is not ambiguous the plain and ordinary meaning of the statute must be given effect
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 employment of Executive with the Company under this Agreement shall commence on April 17, 2017 (the “Commencement Date”) and shall continue through June 30, 2021 (the “Initial Term”), subject to the terms and provisions of this Agreement. After the expiration of the Initial Term, this Agreement shall be automatically renewed for additional one-year terms (each, a “Renewal Term”) unless either the Company or Executive gives written notice to the other of the termination of this Agreement at least ninety (90) days in advance of the next successive one-year term. Any election by the Company or Executive not to renew such employment at the end of the Initial Term or any Renewal Term shall be at the sole, absolute discretion of the Company or Executive, respectively. The period Executive is actually employed hereunder during the Initial Term and any such Renewal Terms is referred to herein as the “Term”.

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: Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision, or part thereof, of this Agreement is held to be invalid, illegal or unenforceable in any respect under any applicable law, rule, public policy or court determination in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other provision in any other jurisdiction, but this Agreement will be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provision had never been contained herein. If any court determines that any provision of Paragraphs 4 or 5 hereof is unenforceable because of the duration or scope of such provision, such court shall have the power to reduce the scope or duration of such provision, as the case may be, and, in its reduced form, such provision shall then be enforceable.

assistant: Severability