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 officers contemplated whether to cite him. Such a conclusion is inescapable given the purposes underlying a citation. The latter not only informs the accused of the charge levied against him and the time and place at wMch he must appear to answer that charge, Tex. Transp.Code Ann. § 543.003 (Vernon Pamph.1996), but also serves to secure his release once the accused signs the citation. Id. at 543.005. Logically, one cannot, nor need not, secure Ms release unless he is in the throes of restraint. And, in issuing the citation, the officer terminates the restraint. See id. (stating that the officer “shall then promptly release the person from custody” once the written promise to appear is executed); Sedani v. State, 848 S.W.2d 314, 317-18 (Tex.App.—Houston [1st Dist.] 1993, pet. ref'd) (<HOLDING>). Issuing the citation also terminates the Options: A. holding that once probable cause is established officer is not required to investigate further B. holding that although the investigation of the traffic offense that served as the basis for the stop was complete when the officer issued the citation the officers continued detention of the appellant thereafter for a canine search was lawful because during the investigation of the traffic offense the officer had developed a reasonable suspicion that the appellant had committed a drugrelated offense C. holding that an officer may detain a person in order to determine identity and circumstance when that officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot D. holding that the defendant could appeal the district courts order granting a new trial because his right not to be subjected to a second trial for the same offense could not be remedied once the second trial has taken place E. holding that the officer may not further detain or rearrest the individual once the citation has issued unless a second offense is spied

assistant: The best answer is E. holding that the officer may not further detain or rearrest the individual once the citation has issued unless a second offense is spied
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: CURIAM. The issue presented in this appeal is whether William Nelson’s due process and equal protection rights were violated by the fact that the family court intervention action proceede Cir.1983), cert. denied, 464 U.S. 992, 104 S.Ct. 484, 78 L.Ed.2d 681 (1983) (same); Hoover v. Knight, 678 F.2d 578, 581 (5th Cir.1982) (“Many cases have held that parallel criminal and civil trials or investigations do not raise questions of constitutional magnitude with respect to the privilege against self-incrimination.”); Diebold v. Civil Serv. Comm’n of St. Louis County, 611 F.2d 697, 700-01 (8th Cir.1979) (<HOLDING>); Arthurs v. Stern, 560 F.2d 477, 478-80 (1st Options: A. holding that the statement ill take the fifth was an assertion of the fifth amendment privilege B. holding that various fifth and sixth amendment protections apply to juvenile proceedings C. holding the same with respect to violations of the fifth amendment D. holding that both fourth amendment warrant and probable cause and fifth amendment due process requirements apply to civil forfeiture proceedings E. holding that the fifth amendment presents no obstacle to parallel criminal and administrative proceedings

assistant: The best answer is E. holding that the fifth amendment presents no obstacle to parallel criminal and administrative proceedings
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: some media attention, see, e.g., Philip K. Ireland, VUSD board to discipline employees, North County Times, June 7,1997, at Al, Leventhal refrained from discussing it in a June 7, 1997 Board meeting lest she violate the Bylaw and risk being silenced or ejected from the meeting. (Leventhal 3 Deck, ¶ 2.) DISCUSSION I. Eleventh Amendment immunity Defendants argue that because school districts are state agencies for purposes of the Eleventh Amendment, see Belanger v. Madera Unified School Dist., 963 F.2d 248, 251 (9th Cir.1992), the District and the individual Defendants are immune from suit. As to the District itself, the Court agrees that the Eleventh Amendment bars the Plaintiffs’ claims. See, e.g., Cervato v. San Francisco Community College Dist., 26 F.3d 968, 972 (9th Cir.1994) (<HOLDING>). This holding has little practical effect, Options: A. holding california school district a state agency for purposes of the eleventh amendment B. holding that uc hastings was immune under the eleventh amendment from suit on plaintiffs 1983 claims and granting motion to dismiss C. holding college school district immune from suit in federal court under eleventh amendment D. holding state immune from suit involving a federal question E. holding state immune from suit brought in state court

assistant: The best answer is C. holding college school district immune from suit in federal court under eleventh amendment
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 return of a defendant's fines and costs paid pursuant to a conviction obtained in violation of due process. Today, the majority relegates Toland to a footnote and emphasizes that the defendant there suffered a summary disposition of his case immediately after arrest-a situation that presented obvious due th Cir.1994) ("If [the defendants] prevail in setting aside their convictions, the wrongly paid fines would be automatically refunded, without requiring a civil action. ..."); United States v. Lewis, 478 F.2d 835, 836 (5th Cir.1973) ("Since the district court was empow uper.Ct.2012) (finding trial court had jurisdiction to consider defendant's refund petition after his convictions were overturned on direct appeal). But see Hooper v. State, 150 Idaho 497, 248 P.3d 748, 751 (2011) (<HOLDING>), 162 The majority finds no due process problem Options: A. holding under section 7422a that the district court lacked jurisdiction over a taxpayers refund claim because the taxpayer failed to file a refund claim before the statute of limitations had run B. holding that the district court had jurisdiction to order restitution of award overturned on appeal even in the absence of a remand from the appellate court C. holding that the trial court could not award a refund of restitution where the defendants payments had gone to the states industrial commission over which the court lacked personal jurisdiction D. holding that the industrial commission only had subject matter jurisdiction over claims under the payment of wages statute and not contract claims E. holding that the trial court lacked authority to order a refund where the defendants case did not meet the specific statutory requirements authorizing a refund

assistant: The best answer is C. holding that the trial court could not award a refund of restitution where the defendants payments had gone to the states industrial commission over which the court lacked personal jurisdiction
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: motorist to make final decision); Conrad v. Schwendiman, 680 P.2d 736 (Utah 1984) (applying statute that requires a motorist to take the test “immediately” upon request). Cases from those jurisdictions are of no instructive value here. Among, the states where the issue has been addressed by case law rather than by statute, we find two competing schools of thought. One school teaches that the motorist’s initial expression of unwillingness is a “refusal,” complete unto itself, and that such a “refusal” cannot be recanted by any subsequent assent. Webb v. Miller, 187 Cal.App.3d 619, 232 Cal.Rptr. 50 (1986); Wisch v. Jensen, 221 Neb. 609, 379 N.W.2d 755 (1986); State v. Corvado, 184 N.J.Super. 561, 446 A.2d 1229 (App.Div.1982). Cf. Harlan v. State, 113 N.H. 194, 308 A.2d 856, 858 (1973) (<HOLDING>). These cases rely heavily upon a perceived Options: A. holding that a test need not be administered once a substantial time has elapsed from the initial refusal B. holding that the court may presume it has jurisdiction over a case once the plaintiffs initial burden of establishing jurisdiction has been satisfied C. recognizing that because accuracy of a chemical test under the implied consent law does not depend upon its being administered immediately after an arrest a delay for a reasonable period of time while an arrested person considers or reconsiders a decision to take a test will not frustrate objective of law D. holding that refusal to submit to breathalyzer test did not result from custodial interrogation E. holding that a refusal to sign an implied consent form is not a refusal to submit to a breathalyzer test for purposes of section 1547

assistant: The best answer is A. holding that a test need not be administered once a substantial time has elapsed from the initial refusal
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: Dkt. No. 14), Defendant filed her Motion To Dismiss and supporting papers on December 21, 2012, although those documents were not docketed until July 6, 2015, (Dkt. Nos. 21-24). Plaintiff did not file an opposition. II. Discussion A. Standard of Review “While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiffs obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (citations, internal quotation marks, and alterations omitted); see also Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (<HOLDING>). Rather, the “[fjactual allegations must be Options: A. holding that subsequently enacted federal statutes trump the rules of civil procedure B. holding that under leatherman a federal court may not apply a pleading requirement more stringent than that provided for in the federal rules of civil procedure even in 1983 litigation C. holding in a case where the plaintiff had argued that the district court lacked jurisdiction to amend its judgment more than ten days after entry because that is the time limit under federal rule of civil procedure 59 that a district court can amend its judgment because of mistake or inadvertence months after judgment has been entered pursuant to rule 60b of the federal rules of civil procedure D. holding that rule 8 of the federal rules of civil procedure demands more than an unadorned thedefendantunlawfullyharmedme accusation E. holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure

assistant: The best answer is D. holding that rule 8 of the federal rules of civil procedure demands more than an unadorned thedefendantunlawfullyharmedme accusation
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 terminated by the Company or the Purchaser by written notice to the other party if the Closing has not been consummated on or before March 31, 2018; provided, however, that no such termination will affect the right of any party to sue for any breach by any other party (or parties).

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 legal provision and list the applicable contract clause categories. Provision: The Company has filed all Quarterly Reports on Form 10-Q and all Annual Reports on Form 10-K required to be filed by the Company under Section 13 or 15(d) of the Exchange Act for the two years preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material) (the foregoing materials, in addition to all schedules, forms, statements and other documents filed with the Commission for the two years preceding the date hereof, including the exhibits thereto and documents incorporated by reference therein, being collectively referred to herein as the “ SEC Reports ”). As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing except with respect to those financial statements restated in subsequent SEC Reports. Such financial statements have been prepared in accordance with generally accepted accounting principles (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

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: Cir.1988), and International Union UAW Local 91 v. Park-Ohio Ind., Inc., Nos. 88 Civ. 3145, 88 Civ. 3147, 1989 WL 63871 (6th Cir. June 15, 1989). In Johnson, the Ninth Circuit held that a beneficiary could not recover for extraeontractual damages against a fiduciary under Section 1132(a)(3) for improper processing of benefit claims. 857 F.2d at 518. In International Union, the Sixth Circuit held that neither Section 1132(a)(1)(B) nor Section 1132(a)(3) provide for extraeontractual compensatory damages. 1989 WL 63871, at *7. 24 . The Court notes that the Second Circuit does not adhere to the Seventh Circuit's presumption of awarding prejudgment interest in ERISA cases. See Mendez v. Teachers Ins. and Annuity Assoc. and College Retirement Equities Fund, 982 F.2d 783, 790 (2d Cir.1992) (<HOLDING>) 25 . In order to submit a claim for benefits Options: A. holding that prejudgment interest should be awarded in maritime collision cases except in peculiar or exceptional circumstances B. holding that award and rate of prejudgment interest are within trial courts discretion C. holding that prejudgment interest should be awarded when the claimant has been denied the use of money which was legally due D. holding that a court may in its discretion award prejudgment interest in erisa cases where appropriate but it is not axiomatic that such interest should be awarded simply because the prevailing party has demonstrated entitlement to the funds E. recognizing general rule that prejudgment interest may be awarded in claims for liquidated amounts

assistant: The best answer is D. holding that a court may in its discretion award prejudgment interest in erisa cases where appropriate but it is not axiomatic that such interest should be awarded simply because the prevailing party has demonstrated entitlement to the funds
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the sentencing court may apply credit against a sentence for time spent in custody for another charge or crime. The issue before us is whether, like the Court of Special Appeals, we adopt a plain meaning analysis of Section 6-218(b)(2) and determine that the mandatory credit for time served does not apply because the term “nolle prosequi” is absent, or, whether we construe Section 6-218(b)(2) as ambiguous. The decision whether to utilize a plain meaning analysis or an analysis based upon the ambiguity of a statute is made first by looking to see whether the Legislature has provided a definition for the term in question. Deville, 383 Md. at 229, 858 A.2d at 491 (“the legislative history of [the statute] fails to provide an actual definition.”); Melton, 379 Md. at 489, 842 A.2d at 753 (<HOLDING>). If there is no definition, we then ask Options: A. holding that the term indecent act required no further definition B. holding that michigan law provides no substantive right to parole C. holding that the definition of operating deficits is not ambiguous despite the absence of a definition of the phrase in the contract D. holding that the statute was ambiguous because it provides no definition of the term violation and provides no specific direction as to the proper unit of prosecution E. holding that first amendment provides no protection against private actions no matter how egregious

assistant: The best answer is D. holding that the statute was ambiguous because it provides no definition of the term violation and provides no specific direction as to the proper unit of prosecution
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 16 U.S.C. § 1536(a)(2), thereby “fulfilling their duties to safeguard the future of the Tree Boa.” Tree Boa, 918 F.Supp. at 902. Alternatively, Judge Finch found that he was compelled to dismiss plaintiffs’ ESA claims with respect to the Tree Boa for failure to provide proper notice to the Secretary and the alleged violator as required by 16 U.S.C. § 1540(g)(1)(A). Judge Finch did not address the merits of plaintiffs’ claims brought pursuant to § 9. C.Alternative Holdings Because Judge Finch determined that he did not have the power to hear plaintiffs’ ESA claims, any findings made with respect to the merit of those claims are not essential to the judgement and cannot support the application of collateral estoppel. See Stebbins v. Keystone Ins. Co., 481 F.2d 501, 508 (D.C.Cir.1973) (<HOLDING>); Bokunewicz v. Purolator Products, Inc., 907 Options: A. holding that the apprendi decision is not applicable on collateral review B. holding that collateral estoppel is not applicable to finding against plaintiff on merits where court also held that plaintiff lacked standing C. holding that a summary judgment is a determination on the merits for res judicata and collateral estoppel purposes D. holding that collateral estoppel applies to 1983 claims E. holding collateral estoppel elements met considering changed circumstances in the context of an exception to the general rule of collateral estoppel

assistant: The best answer is B. holding that collateral estoppel is not applicable to finding against plaintiff on merits where court also held that plaintiff lacked standing
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 hereby employs Employee for an undefined term in the position of Chief Operating Officer (“COO”) , commencing on the Effective Date and to perform such services and duties globally as are consistent with such position. Employee hereby accepts such employment. During the term of his employment hereunder (the “Employment Term”), Employee shall devote his time, attention, knowledge and skills faithfully, diligently and to the best of his ability to perform his duties hereunder, and Employee shall not engage in any venture or activity which materially interferes with Employee’s performance of his duties hereunder. The Employee shall also comply with the confidentiality terms and additional conditions within the present contract and Employee undertakes and agrees to comply fully with such additional obligations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: cannot dispose of the tortious interference counts. See doc. 184, at 55 n. 88. 13 . See amended complaint, doc. 172, ¶ 19.3(d) (allegation (7)); ¶ 19.3(c)-(d) (all other allegations). 14 . See Burton v. Linotype Co., 556 So.2d 1126, 1128 (Fla.3d DCA 1989) (“Fraud in the inducement and deceit are independent torts for which compensatory and punitive damages may be recovered”), citing Sprayberry v. Sheffield Auto & Truck Serv., Inc., 422 So.2d 1073 (Fla.lst DCA 1982) (“[0]ne who has been fraudulently induced into a contract may elect to stand by that contract and sue for damages for the fraud”); accord, Gold v. Wolkowitz, 430 So.2d 556, 557 (Fla.3d DCA 1983), review denied, 437 So.2d 677 (Fla. 1983); see also Wallis v. South Florida Savings Bank, 574 So.2d 1108, 1110 (Fla.2d DCA 1991) (<HOLDING>); Lou Brachrodt Chevrolet, Inc. v. Savage, 570 Options: A. recognizing fraud in the inducement claims independent of contract claims without discussion of economic loss rule B. holding that economic loss rule precludes recovery of economic damages only in the absence of personal injury or property damage claims C. holding economic loss rule did not bar recovery of tort damages on statutory fraud claim based upon fraudulent inducement D. holding that the public harm requirement applies to fraudulent inducement claims because the fraud claims arise from related contract claims E. holding that the economic loss rule does not preclude independent tort claims that fall outside the scope of a breach of contract

assistant: The best answer is A. recognizing fraud in the inducement claims independent of contract claims without discussion of economic loss 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: Employee will not make, orally or in writing, any disparaging comments or statements about the Company, its services, its products, its work, the members of its Board of Directors, its officers or its employees. The Company shall direct that the members of its Board of Directors and executive management team shall not make, orally or in writing, during the period of their respective service as a Director or employment by the Company, any disparaging comments or statements about Employee externally.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, any Borrower or the Administrative Agent, sell participations to any Person (other than a natural Person, or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of a natural Person, a Defaulting Lender or the Company or any of the Company’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations and/or Swing Line Loans) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrowers, the Administrative Agent, the Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 10.04(c) without regard to the existence of any participation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that Chapter Thirteen plans may “modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor’s principal residence.” 11 U.S.C. § 1322(b)(2) (emphasis added). Defendants concede that plaintiffs’ claims are secured by liens on their principal residences. Therefore, the key issue is whether those liens constitute “security interests” for purposes of the antimodification provision of § 1322(b)(2). The Bankr ich.1992) (finding antimodification provision of § 1322(b)(2) inapplicable because creditor’s interest in the principal residence of the debtor was a “lien,” rather than a “security interest,” based on the fact that it arose nonconsensually under state tax act); In re Venable, 48 B.R. 853, 856 (S.D.N.Y.1985) (<HOLDING>); In re Mitchell, 39 B.R. 696, 700 Options: A. holding modifiable a mechanics hen on debtors principal residence because it was a statutory hen B. holding that the determination of whether the debtor is using real property as his principal residence is made as of the petition date for the purposes of section 1322b2 C. holding that citys tax hen on debtors principal residence was modifiable despite 1322b2 because not consensual and thus not a security interest D. holding that 1322b2 prohibits modification of the interest rate on the loan on the debtors principal residence E. holding alternatively that rights of undersecured claimant could be modified notwithstanding 1322b2 because mortgagees security interest which attached to appliances machinery furniture and equipment whether fixtures or not was not secured only by a security interest in real property

assistant: The best answer is C. holding that citys tax hen on debtors principal residence was modifiable despite 1322b2 because not consensual and thus not a security interest
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 represents and warrants to the other that, except for Newmark Cornish & Carey (" Landlord's Broker ") and Savills Studley (" Tenant's Broker "), it has no dealings with any real estate broker or an agent in connection with negotiating this First Amendment and it knows of no other broker, agent or finder who is entitled to a commission in connection with this First Amendment. Each party further agrees to defend, indemnify and hold harmless the other party from and against any claim for commission or finder's fee by any person or entity (other than Landlord's Broker or Tenant's Broker) who claims or alleges that they were retained or engaged by the first party or at the request of such party in connection with this First Amendment. Landlord shall pay the commission due to Tenant's Broker in connection with this First Amendment pursuant to a separate agreement.

assistant: Brokers
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, the Amendment to Award Agreements, any exhibits or attachments, and any documents referenced in the exhibits or attachments, is the entire agreement between Mr. Mueller and the Company and supersedes all prior agreements and understandings between Mr. Mueller and the Company concerning his employment, retirement, separation of employment or consulting services, including but not limited to the Executive Severance Agreement between the Company and Mr. Mueller dated June 2, 2008, as amended December 19, 2008, which is of no further effect, with the exception of any ongoing obligations regarding confidentiality, trade secrets, non-solicitation, non-recruitment, non-competition, or other obligations or duties to protect the Company’s goodwill and ability to conduct business, all of which shall remain in full force and effect. This Agreement may not be modified or amended except by a written instrument signed by an authorized representative of the Company. Mr. Mueller acknowledges that, except as set forth in this Agreement, no person has made any representations or promises on behalf of the Company and further that this Agreement has not been executed in reliance on any representation or promise except those contained herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Preliminary Plan was nearly identical to the defective Sketch Plan submitted to the Township in September of 1996. The Board argues that it should not be required to give Sehul-theis numerous “bites at the apple,” which the trial court’s order demands. Clearly, the issues raised by the Board would evade appellate review if we were to deny immediate appeal. After Schultheis is provided an opportunity to revise his plan and the Board reviews that plan on remand, the only issues that would be appealable would be those relating to the Board’s review of Schultheis’ revised preliminary plan. Thus, whether Schultheis’ February 27, 1997 Preliminary Plan was complete would evade review. See Marchionni v. Southeastern Pennsylvania Transportation Authority, 715 A.2d 559 (Pa.Cmwlth.1998) (<HOLDING>); Lewis v. School District of Philadelphia, 690 Options: A. holding that portion of interlocutory order requiring a new hearing rather than basing decision on the proceedings before the hearing officer was appealable but that the employees due process claims regarding reinstatement and back pay could be addressed on appeal from a final order B. holding that where trial court erred in applying established law to the facts of the case it must be reversed and remanded for a new hearing to give the trial court an opportunity to address the issue C. holding that the trial court need not hold a voluntariness hearing where the defendant did not object and no evidence presented raised the issue D. recognizing that court may proceed with damages hearing during appeal in patent case or court may stay that hearing under rule 62 E. holding that this court had jurisdiction over an appeal from a trial court order which remanded the case so that a new hearing examiner could be appointed and a new hearing conducted where the appellant raised the issue of commingling of prosecutorial and adjudicative functions during the original hearing

assistant: The best answer is E. holding that this court had jurisdiction over an appeal from a trial court order which remanded the case so that a new hearing examiner could be appointed and a new hearing conducted where the appellant raised the issue of commingling of prosecutorial and adjudicative functions during the original hearing
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 character, such as determining the content of a school’s curriculum. Id., at 65 (citing cases). Moreover, activities that are so central to the educational mission such that they are “re moved from the ‘business competition’ regulated by the Sherman Act” are not “trade or commerce” within the meaning of that act. Id. at 64. For example, the formation and development of an accreditation policy by a nonprofit educational corporation that functioned as an accrediting agency for schools in a specific geographic area of the country has been held beyond the ambit of the Sherman Act. Marjorie Webster Junior College, Inc. v. Middle States Association of Colleges and Secondary Schools, Inc., 432 F.2d 650, 654 (D.C.Cir.), cert. denied, 400 U.S. 965, 91 S.Ct. 367, 27 L.Ed.2d 384 (1970) (<HOLDING>). Rather, “an incidental restraint of trade, Options: A. recognizing that injury is a prerequisite to liability B. holding accrediting agency did not violate antitrust regulations by requiring nonprofit status as a prerequisite to its accreditation C. holding that agency regulations cannot be applied retroactively unless congress has so authorized the administrative agency and the language of the regulations require it D. holding that agency is bound by its regulations E. holding that a coa is a jurisdictional prerequisite

assistant: The best answer is B. holding accrediting agency did not violate antitrust regulations by requiring nonprofit status as a prerequisite to its accreditation
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: has received, instead, exactly what she contracted to receive, as rent on property she owns. Crossland has been paid precisely what Crossland contracted to be paid. An action for unjust enrichment cannot be used relieve a party from the terms of the contract it entered. See Kovtan v. Frederiksen, 449 So.2d 1, 1 (Fla. 2d DCA 1984) (“It is well settled that the law will not imply a contract where an express contract exists concerning the same subject matter.”); Cf. Corn v. Greco, 694 So.2d 833, 834 (Fla. 2d DCA 1997) (“Quantum meruit relief is founded upon the legal fiction of an implied contract. This fiction cannot be maintained, however, when the rights of the parties are described in a written contract.”); Tobin & Tobin Ins. Agency v. Zeskind, 315 So.2d 518, 520 (Fla. 3d DCA 1975) (<HOLDING>); George v. Tanner, 108 Idaho 40, 696 P.2d 891, Options: A. holding that there is no cause of action in california for unjust enrichment B. holding that where plaintiffs filed a complaint for conversion unjust enrichment and injunctive relief they had an adequate remedy at law C. holding that erisa does not permit a plaintiff to assert an independent federal common law cause of action such as unjust enrichment to enforce the terms of an erisa plan thus to the extent plaintiffs third cause of action for unjust enrichment is brought pursuant to a federal common law right it must be dismissed D. holding that the plaintiffs claims for unjust enrichment were not barred by the availability of relief under the public works bonding act mcl 129201 et seq because a plaintiff enjoyed the right at common law to recover in quantum meruit from a defendant who had been unjustly enriched E. recognizing that action for quantum meruit relief exists to avoid unjust enrichment

assistant: The best answer is E. recognizing that action for quantum meruit relief exists to avoid unjust enrichment
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: motion at which Pritchett would be represented by counsel or at which the court would determine that Pritchett knowingly, intelligently, and voluntarily waived his right to counsel. Ex parte Pritchett, 117 So.3d at 362. In the instant case, the circuit court immediately appointed new counsel to represent Trimble after Trimble gave his oral notice of appeal. Despite having newly appointed counsel who could file a motion for a new trial attacking his trial counsel’s alleged deficiencies, Trimble elected to file a pro se motion for a new trial. Therefore, unlike the defendant in Pritchett, Trimble had the benefit of newly appointed appellate counsel who represented him and who could file a motion for a new trial on his behalf. See King v. State, 613 So.2d 888 (Ala.Crim.App.1993) Options: A. holding that a valid waiver of counsel at an early stage of the proceeding does not continue in effect through a subsequent stage B. holding that posttrial motion for new trial is critical stage requiring counsel or valid waiver C. holding postindictment lineup is critical stage of trial at which defendant is entitled to presence of counsel D. holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage E. holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without counsel

assistant: The best answer is D. holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage
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 Employer shall promptly reimburse the Executive for (a) all reasonable expenses the Executive pays or incurs in connection with the performance of the Executive’s duties and responsibilities in connection with his employment under this Agreement, upon presentation of expense vouchers or other appropriate documentation for such expenses and (b) all reasonable professional expenses, such as licenses and dues and professional educational expenses, the Executive pays or incurs during his employment hereunder, all of the above in accordance with Employer’s policies with respect thereto.

assistant: Expenses
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: possibility of a substantial change or any change at all, or an inspection will disclose no obvious alteration or modification of its condition from the one that existed at the time of manufacture, sale, or delivery. Therefore, while the plaintiff may not necessarily come forward affirmatively with proof that the condition is unchanged, the defendant cannot, in good faith, assert that there is anything amiss. (Footnote omitted.) Given the ad hoc applicability of “substantial change,” it is not surprising that different views have emerged as to the proper distribution of the burden of proof on the issue. Some courts require the plaintiff to affirmatively prove the absence of any substantial change. See Waggoner v. Mercedes Benz of N. Am., Inc., 879 S.W.2d 692, 695-96 (Mo.Ct.App.1994) (<HOLDING>); Jasinski v. Ford Motor Co., 824 S.W.2d 454, Options: A. holding that district court did not abuse its discretion in refusing to permit a design defect products liability expert to submit an untimely addendum stating a new claim of failure to warn after defense expert refuted the basis of original design defect opinion B. holding plaintiff with inherently defective heart valve failed to state a claim unless the valve malfunctioned C. holding that plaintiffs did not need to identify the specific defective lawn mower to sustain their claim of a design defect D. holding that complaint alleging design defect likely to cause damage failed to state a claim E. holding that plaintiffs failure to prove that the subject air valve had not been altered in some way invalidated their design defect claim

assistant: The best answer is E. holding that plaintiffs failure to prove that the subject air valve had not been altered in some way invalidated their design defect claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon the parties hereto and their successors and permitted assignees. This Agreement, and the Executive's rights and obligations hereunder, may not be assigned by the Executive, nor may the Executive pledge, encumber or anticipate any payments or benefits due hereunder, by operation of law or otherwise. RCPC may assign its rights, together with its obligations, hereunder (i) to any affiliate or (ii) to a third party (that agrees in writing to assume the obligations in this Agreement) in connection with any sale, transfer or other disposition of all or substantially all of any business to which the Executive's services are then principally devoted, provided that no assignment pursuant to clause (ii) shall relieve the Company from its obligations hereunder to the extent the same are not timely discharged by such assignee.

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 case excerpt and choose the best holding from the options. Case excerpt: including those who subsequently filed their own actions or settled individual claims during the pendency of’ a preexisting class action); White v. Violent Crimes Comp. Bd., 76 N.J. 368, 388 A.2d 206, 211 (1978) (citing American Pipe and holding that, “in the case of a statutorily created right, a ‘substantive’ limitation period may appropriately be tolled in a particular set of circumstances if the legislative purpose 757, 762 (Utah 1992) (adopting class action tolling “to avoid duplication of litigation, promote justice, do equity, and generally further the judicial efficiency and economy that class actions are designed to promote”). Many federal court decisions are also persuasive. See, e.g., Appleton Elec. Co. v. Graves Truck Line, Inc., 635 F.2d 603, 608 (7th Cir.1980) (<HOLDING>), cert. denied, 451 U.S. 976, 101 S.Ct. 2058, Options: A. holding that provision has the characteristics of a statute of repose B. holding that statute of repose was not subject to toiling provision applicable to statute of limitations because among other reasons it would ignore fundamental distinctions between ordinary statutes of limitations and statutes of repose C. recognizing that achieving litigation efficiency which frcp 23 was designed to effectuate transcends the policies of repose and certainty behind statutes of limitations D. holding that the legislature never intended for the dismissal and renewal statutes to overcome the statute of repose E. recognizing risks in construing statutes of limitations in favor of repose

assistant: The best answer is C. recognizing that achieving litigation efficiency which frcp 23 was designed to effectuate transcends the policies of repose and certainty behind statutes of limitations
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 holder shall have in force public liability insurance covering: (1) property damage in the amount of Five Hundred Thousand Dollars ($500,000.), and (2) damage to persons in the minimum amount of Five Hundred Thousand Dollars ($500,000.) in the event of death or injury to one individual, and the minimum amount of Five Hundred Thousand Dollars ($500,000.) in the event of death or injury to more than one individual. These minimum amounts and terms are subject to change at the sole discretion of the authorized officer at the five-year anniversary date of this authorization. The coverage shall extend to property damage, bodily Injury, or death arising out of the holder’s activities under the permit including, but not limited to, occupancy or use of the land and the construction, maintenance, and operation of the structures, facilities, or equipment authorized by this permit. Such insurance shall also name the United States as an additionally insured. The holder shall send an authenticated copy of its insurance policy to the Forest Service immediately upon issuance of the policy. The policy shall also contain a specific provision or rider to the effect that the policy shall not be cancelled or its provisions changed or deleted before thirty (30) days written notice to the Forest Supervisor, 870 Emerald Bay Road, South Lake Tahoe, CA 96150, by the insurance company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments and prepayments to be made in respect of principal, interest, Commitment Fees, Letter of Credit Fees, Administrative Agent’s Fee or other fees or amounts due from the Borrowers hereunder shall be payable prior to 12:00 p.m. on the date when due without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrowers, and without set-off, counterclaim or other deduction of any nature, and an action therefor shall immediately accrue. Such payments shall be made to the Administrative Agent at the Principal Office for the account of the Swing Loan Lender with respect to the Swing Loans and for the ratable accounts of the Lenders with respect to the Revolving Credit Loans or Term Loans in U.S. Dollars and in immediately available funds, and the Administrative Agent shall promptly distribute such amounts to the Lenders in immediately available funds; provided that in the event payments are received by 12:00 p.m. by the Administrative Agent with respect to the Loans and such payments are not distributed to the Lenders on the same day received by the Administrative Agent, the Administrative Agent shall pay the Lenders interest at the Federal Funds Effective Rate in the case of Loans or other amounts due in Dollars, or the Overnight Rate in the case of Loans or other amounts due in an Optional Currency, with respect to the amount of such payments for each day held by the Administrative Agent and not distributed to the Lenders. The Administrative Agent’s and each Lender’s statement of account, ledger or other relevant record shall, in the absence of manifest error, be conclusive as the statement of the amount of principal of and interest on the Loans and other amounts owing under this Agreement (including the Equivalent Amounts of the applicable currencies where such computations are required) and shall be deemed an “account stated.” All payments of principal and interest made in respect of the Loans must be repaid in the same currency (whether Dollars or the applicable Optional Currency) in which such Loan was made (subject to the Borrowers’ indemnity obligations under Section 5.8 [Increased Costs] and Section 5.10 [Indemnity]), and all Reimbursement Obligations with respect to each Letter of Credit shall be made in the same currency (whether Dollars or the applicable Optional Currency) in which such Letter of Credit was issued unless otherwise required by the Administrative Agent and such Issuing Lender.

assistant: Payments