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

user: Read the legal provision and list the applicable contract clause categories. Provision: The properties of the Borrower and its Subsidiaries necessary for the ordinary conduct of their business are insured with financially sound and reputable insurance companies not Affiliates of the Borrower, in such amounts, with such deductibles and covering such risks as are customarily carried by companies engaged in similar businesses and owning similar properties in localities where the applicable Borrower or Subsidiary operates and as required by applicable Governmental Authorities.

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: You will be eligible to receive the Company’s standard employee benefits package, including a health care plan that is similar to the plan available through Broad Peak. You will also be eligible to accrue paid time off under the Company’s PTO plan.

assistant: Benefits
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: For purposes of this Agreement, you shall be deemed to be an “Employee” while, and only while, you are in the employ of the Company or any of its direct or indirect subsidiaries and considered such an employee under the policies and procedures (including the payroll and withholding procedures) of the Company and its subsidiaries. In this regard, the granting of this Agreement does not constitute a contract of employment and does not give you the legal right to be continued as an Employee.

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: See 516 U.S. at 148, 116 S.Ct. 501. The Court subsequently recognized in Bousley that a p:re-Bailey conviction pursuant to a plea agreement would be constitutionally defective if a defendant was misinformed of the elements of § 924(c)(1), see 523 U.S. at 618-19, 118 S.Ct. 1604 and that a pre-Bailey conviction based on an unintelligent guilty plea may be attacked on collateral review, see id. at 621, 118 S.Ct. 1604. Although the government concedes that Abdullah’ 2d 40 (2000); United States v. Lawson, 155 F.3d 980, 982 (8th Cir.1998) (“[Ijssues not presented to the district court will not be considered on appeal unless a finding of waiver would be unfair or unjust.”), cert. denied, 525 U.S. 1186, 119 S.Ct. 1131, 143 L.Ed.2d 124 (1999); Devose v. Norris, 53 F.3d 201, 207 (8th Cir.1995) (<HOLDING>). Abdullah’s § 2255 petition, filed in 1993, Options: A. holding that habeas claim not included in petition and never raised by petitioner before the district court as basis for habeas relief is procedurally defaulted B. holding that district court must resolve all claims for relief premised on alleged constitutional violations which are raised in a petition for writ of habeas corpus whether habeas relief is granted or denied C. holding that the convention claim was procedurally defaulted D. holding that an argument not raised before the district court is procedurally defaulted E. holding that the district court must resolve all claims for relief raised in a habeas petition regardless of whether habeas relief is granted or denied

assistant: The best answer is A. holding that habeas claim not included in petition and never raised by petitioner before the district court as basis for habeas relief is procedurally defaulted
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: 252(e)(6). General principles of comity or federalism do not override that express statement of Congressional intent, just as they do not override the general grant of jurisdiction' provided by 28 U.S.C. § 1331 to review precisely the type of question involved in this case. Cf. Verizon Maryland, Inc., supra, 535 U.S. at 641-42, 122 S.Ct. 1753 (declining to answer the question of whether federal courts have jurisdiction under § 252 to review state public service commission’s decision on payment of reciprocal compensation for ISP-bound traffic, because “ § 252(e)(6) ... at least does not divest the district courts of their authority under 28 U.S.C. § 1331 to review the Commission’s order for compliance with federal law” (emphasis in original)); Michigan Bell Tel. Co., 323 F.3d at 356-57 (<HOLDING>). Surpassingly strange and subject to criticism Options: A. holding that federal courts have jurisdiction to review decisions of state commissions interpreting interconnection agreements at least where review turns on issues of federal law and that this jurisdiction is not stripped by 252e6 B. holding that federal courts have original rather than supplemental jurisdiction to review state public service commissions application of state law in interpreting an interconnection agreement C. holding that state courts in construing and interpreting state law are not bound by the decisions of federal courts D. holding that state court with jurisdiction over 301 claim should have applied federal labor law rather than state contract law E. holding that federal courts have jurisdiction to review decisions of state commissions inteipreting interconnection agreements at least where review turns on issues of federal law and that this jurisdiction is not stripped by 252e6

assistant: The best answer is B. holding that federal courts have original rather than supplemental jurisdiction to review state public service commissions application of state law in interpreting an interconnection agreement
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 in counterparts, each of which shall constitute an original, but all of which when taken together shall constitute a single contract (subject to Section 14 ), and shall become effective as provided in Section 14 . Delivery of an executed signature page to this Agreement by facsimile transmission shall be as effective as delivery of a manually executed counterpart of this Agreement. This Agreement constitutes the entire agreement among the parties hereto regarding the subject matters hereof and supersedes all prior agreements and understandings, oral or written, regarding such subject matter.

assistant: Integration
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: next argues that the standstill agreement initially executed on January 24, and repeatedly extended until March 26, tolled the running of the sixty-day cure period provided in the Distribution Agreement, and that because the parties entered into the initial standstill agreement four days before the end of the cure period, Innomed was entitled to four additional days to cure the breach beyond the expiration of the last standstill agreement on March 26, 2001. We agree with the district court, however, that the language of the standstill agreement unambiguously indicates that the parties agreed simply to postpone the date on which the termination would become effective, rather than to toll the running of the cure period. See Bourne v. Walt Disney Co., 68 F.3d 621, 629 (2d Cir.1995) (<HOLDING>) (internal quotation marks and citations Options: A. holding that if the contract can be given a definite and certain meaning or interpretation the contract is not ambiguous and will be construed by the court as a matter of law B. holding that where the language of the contract is unambiguous and conveys a definite meaning the court may decide the meaning of the contract as a matter of law C. holding that when a contract is unambiguous the court will enforce the plain meaning of the contract as the intention of the parties D. holding as a general rule of contract law if no other meaning is reasonable the court shall rule as a matter of law that the meaning is established E. holding that where each side ascribes a different meaning to what the sides claim is the unambiguous language in a contract the contract is ambiguous and summary judgment is improper

assistant: The best answer is B. holding that where the language of the contract is unambiguous and conveys a definite meaning the court may decide the meaning of the contract as a matter of law
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 communications hereunder shall be in writing and effective only upon receipt and (i) if sent to the Purchaser, will be mailed, hand delivered, couriered or sent by electronic transmission to it at 200 West Street, New York, New York 10282, to the attention of Leah Nivison, email: leah.nivison@gs.com, with copies to: Joe Osborne, email: joe.osborne@gs.com, (ii) if sent to the Seller, will be mailed, hand delivered, couriered or sent by facsimile transmission or electronic mail and confirmed to it at Goldman Sachs Mortgage Company, 200 West Street, New York, New York 10282, to the attention of Leah Nivison, email: leah.nivison@gs.com, with copies to: Joe Osborne, email: joe.osborne@gs.com, and (iii) in the case of any of the preceding parties, such other address as may hereafter be furnished to the other party in writing by such parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: evidence to support this allegation, or to show that he experienced any adverse consequences as a result. He does not even allege — much less, provide evidence that shows — that the administrative leave period was unpaid. Moreover, although plaintiff asserts in his opposition to the motion for summary judgment that being escorted from his office was “humiliating and degrading,” Pl.’s Opp. at 27, he does not offer any evidence of negative consequences flowing from that event: he does not show whether his coworkers witnessed the event, whether the escort was forceful, or whether there were any other aspects of how his discharge was effected that would “dissuade a reasonable worker” from bringing a charge of discrimination. Compare Greer v. Paulson, 505 F.3d 1306, 1317-18 (D.C.Cir.2007) (<HOLDING>), with Harper v. Potter, 456 F.Supp.2d 25, 29 Options: A. holding that suspension with back pay was materially adverse because plaintiff presented evidence of a demonstrable effect involving objectively tangible harm which included personal bankruptcy two real estate foreclosures and negative marks on her employment record B. holding that suspension with pay was not adverse employment action C. holding that initial paid suspension of two weeks periodically extended to total 19 months while an internal investigation was conducted is not an adverse action because plaintiff cannot show objectively tangible harm resulting from paid leave D. holding that a suspension with pay may constitute materially adverse action for the purposes of retaliation claims depending on the facts of the case E. holding that investigatory suspension with pay was not adverse employment action

assistant: The best answer is A. holding that suspension with back pay was materially adverse because plaintiff presented evidence of a demonstrable effect involving objectively tangible harm which included personal bankruptcy two real estate foreclosures and negative marks on her employment record
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof, and supersedes all prior written or oral agreements, commitments or understandings with respect to the matters provided for herein, and no modification shall be binding unless set forth in writing and duly executed by each party hereto.

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: was on fire. Edwards further testified that appellant fled the scene in his vehicle, then abandoned the vehicle and fled on foot. Although flight alone will not support a guilty verdict, it is a circumstance from which an inference of guilt may be drawn. Harris v. State, 645 S.W.2d 447, 458 (Tex.Crim.App.1983). Appellant presented no evidence to controvert the State’s evidence. In support of his factual-sufficiency argument, appellant cites testimony that, at some point in time, appellant’s vehicle was reported stolen. However, the testimony appellant cites was given at a motion-to-suppress hearing, and no such evidence was admitted at trial. Accordingly, we cannot consider this evidence in our factual sufficiency review. See Poindexter v. State, 153 S.W.3d 402, 406 (Tex.Crim.App.2005) (<HOLDING>). Under the applicable legal standard, we Options: A. holding that district court erred in dismissing the indictment based on sufficiency of evidence B. holding that a habeas court reviewing the sufficiency of evidence underlying a criminal conviction must determine whether the record evidence could reasonably support a finding of guilt beyond a reasonable doubt emphasis added C. holding that sufficiency of the evidence review should be independent of the jurys determination that evidence on another count was insufficient D. holding that appellate courts determine the sufficiency of the evidence to support a conviction based on a review of all of the evidence admitted at trial E. holding review of sufficiency of evidence of juvenile adjudication is same as reviewing substantial evidence to support a criminal conviction

assistant: The best answer is D. holding that appellate courts determine the sufficiency of the evidence to support a conviction based on a review of all of the evidence admitted at trial
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: contends. Any such suggestion by Browning was not part of its holding, but a mere statement of reasons for why the debtor’s blanket reservation in that case did not give sufficient notice to creditors. See id. at 775; Cohens v. Virginia, 19 U.S. (6 Wheat.) 264, 399, 5 L.Ed. 257 (1821) (noting that reasoning that goes “beyond the case ,.. may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision”). Rather what Browning held is that a debt- or’s reservation is sufficient so long as it enables creditors to (1) identify the claims (or potential claims) at issue and (2) evaluate whether those claims might provide additional assets for distribution. See Browning, 283 F.3d at 774-75; see also P.A. Bergner, 140 F.3d at 1117 (<HOLDING>); Harstad v. First Am. Bank, 39 F.3d 898, 903 Options: A. holding that the reservation of a claim need not name a defendant but only identify the type of claim the debtor seeks to retain B. holding that the burden of showing that a harm will result from disclosure is on the party that seeks nondisclosure rather than on the party that seeks access C. holding that the fee applicant must produce specific evidence of the prevailing market rates in the relevant community for the type of work for which he seeks an award D. holding that a defendant who seeks to retain private counsel must receive proper notice of the date by which counsel must enter his appearance E. holding that an appellant must not only specifically identify the deficiencies in counsels performance but also identify the specific objection that should have been made and provide authority in support of his argument that the objection would have been meritorious

assistant: The best answer is A. holding that the reservation of a claim need not name a defendant but only identify the type of claim the debtor seeks to retain
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: not a legal term” and further suggested that the court tell the jury to refer back to the jury charge and indictment. The jury was brought back into the courtroom, and the trial court did exactly as defense counsel suggested. Thus, because Wheeler explicitly agreed with this approach, he has waived review of this issue on appeal. 5. In his final enu (714 SE2d 91) (2011) (punctuation omitted). 16 Id. 17 OCGA § 17-8-58 (a). 18 Alvelo v. State, 290 Ga. 609, 615 (5) (724 SE2d 377) (2012). 19 Id. (punctuation omitted). 20 See OCGA § 17-8-58 (b); see also King v. State, 317 Ga. App. 834, 837 (1) (733 SE2d 21) (2012). 21 Machado v. State, 300 Ga. App. 459, 462 (5) (685 SE2d 428) (2009) (punctuation omitted). 22 Id. (punctuation omitted). 23 Id. (punctuation omitted). 24 See id. at 462-63 (5) (<HOLDING>); Stephens v. State, 255 Ga. App. 680, 684-85 Options: A. holding that trial courts jury instructions as a whole which indicated that defendant could only be found guilty if the state proved every material allegation in the indictment cured any potential problem that may have occurred when the court charged the entirety of the childmolestation statute B. holding that if jury instructions viewed as a whole fairly state the applicable law to the jury the failure to give particular instructions will not be error C. holdingthat an error in instructing the jury that an offense could be committed by a statutory method not charged in the indictment is cured where the court provides the jury with the indictment and instructs jurors that the burden of proof rests upon the state to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt citation omitted D. holding that even when a jury instruction is defective such a defect is cured when the court provides the jury with the indictment and instructs jurors that the burden of proof rests upon the state to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt E. holding that although the indictment did not track the exact language of the statute the indictment when read as a whole sufficiently stated facts which support every element of the crime charged and apprised defendant of the specific charge against him

assistant: The best answer is A. holding that trial courts jury instructions as a whole which indicated that defendant could only be found guilty if the state proved every material allegation in the indictment cured any potential problem that may have occurred when the court charged the entirety of the childmolestation statute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Executive agrees that during the Employment Term and for one (1) year thereafter and, if longer, during the pendency of any then-pending litigation or other proceeding, (i) Executive shall not communicate with anyone (other than Executive’s own attorneys and tax advisors), except to the extent necessary in the performance of Executive’s duties under this Agreement or as required by law, with respect to the facts or subject matter of any pending or potential litigation, or regulatory or administrative proceeding involving OUTFRONT or any of OUTFRONT’s affiliated companies, other than any litigation or other proceeding in which Executive is a party-in-opposition, without giving prior notice to OUTFRONT, as applicable, or its counsel; and (ii) in the event that any other party attempts to obtain information or documents from Executive with respect to such matters, either through formal legal process such as a subpoena or by informal means such as interviews, Executive shall promptly notify OUTFRONT or its counsel before providing any information or documents, to the extent permitted by applicable law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Without limiting the generality of the foregoing, each Party to this Agreement agrees to take all necessary actions to ensure that the provisions of this Agreement are implemented. At the reasonable request of any other Party hereto and without further consideration, each Party hereto shall execute and deliver such additional documents and take all such further action as may be necessary or appropriate to consummate and make effective, in the most expeditious manner practicable, the transactions contemplated by this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If after the initial forty-eight (48) month period of service and during each subsequent twelve (12) month period of service, Medical Center does not provide GKF with a reasonable economic justification to continue providing Gamma Knife services hereunder, then and in that event, on the date which is forty-eight (48) months after the Commencement Date and on each anniversary date thereafter during the term of this Agreement, GKF shall have the option of terminating this Agreement upon the giving of not less than nine (9) months prior written notice to Medical Center. Should GKF elect to terminate this Agreement, GKF shall bear the costs to remove the Equipment from the Medical Center, including the Cobalt-60 sources.

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: Any notice required by the terms of the Award Agreement shall be given in writing and shall be deemed effective upon personal delivery or upon deposit with the United States Postal Service, by registered or certified mail, with postage and fees prepaid. Notice shall be addressed to the Company at its principal executive office and to the Grantee at the address that he or she most recently provided in writing to the Company.

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: From the Execution Date until the applicable Closing, Seller shall comply in all material respects with all applicable Laws, Permits, and Orders relating to the ownership of the Acquired Assets, and, to the extent that Seller is the operator of any such Acquired Assets, the operation of such Acquired Assets provided, however , from and after the occurrence of the First Closing, (a) the covenant set forth in this Section 10.6 to be performed after the First Closing shall be construed and deemed limited to only the Second Closing Assets and not any First Closing Assets and (b) all references to “Acquired Assets” in this Section 10.6 shall automatically be deemed to be deleted and replaced with the term “Second Closing Assets”.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: be overturned on factual grounds unless objectively unreasonable in light of the evidence presented in the state court proceeding.” Miller-El v. Cockrell (“Miller-El I"), 537 U.S. 322, 348, 123 S.Ct. 1029, 1041, 154 L.Ed.2d 931 (2003). When performing a review under § 2254(d), a federal court presumes the state court’s factual findings to be sound unless the petitioner rebuts the “presumption of correctness by clear and convincing evidence.” 28 U.S.C. § 2254(e)(1); see Miller-El I, 537 U.S. at 340, 123 S.Ct. 1029 (explaining that a federal court can disagree with a state court’s factual finding and, when guided by the AEDPA, “conclude the decision was unreasonable or that the factual premise was incorrect by clear and convincing evidence”); Jones, 496 F.3d at 1226-1227 (11th Cir.2007)(<HOLDING>). As stated above, only if this court finds Options: A. holding the manifest error standard of review is the proper standard to be applied to the mixed question of law and fact presented by a determination of whether a defect presents an unreasonable risk of harm B. holding that 2254d2s unreasonable determination standard must be met by clear and convincing evidence and concluding that the standard was satisfied where prisoner showed clearly and convincingly that the state courts decision contained an unreasonable determination of fact C. holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied D. holding that even if the standard for waiver is clear the standard was not met E. holding that a bad faith claim must be met through the clear and convincing evidence standard

assistant: The best answer is B. holding that 2254d2s unreasonable determination standard must be met by clear and convincing evidence and concluding that the standard was satisfied where prisoner showed clearly and convincingly that the state courts decision contained an unreasonable determination of fact
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 of Credit Acknowledgment shall be governed in accordance with the laws of the State of New York [or local law if Acknowledgement would be unenforceable if governed by New York law] . This Letter of Credit Acknowledgment may be executed in one or more counterparts which taken together shall constitute one agreement. Any signature delivered by facsimile or by email (in “pdf” or similar format) shall be deemed an original signature hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the probationary period had expired. Id. at 520. The Court of Criminal Appeals, noting that the Texas Legislature had statutorily granted a right to appeal a misdemeanor conviction at the time the defendant is placed on probation, held the State’s argument would “effectively deny the appellant of a right clearly intended by the Legislature.” Id. (citing former section 8(a) of article 42.13, Texas Code of Criminal Procedure). In order to effectuate that intent, the court held “that when a misdemeanor conviction is appealed the time of probation does not begin to run until the judgment of this Court is final and the mandate is issued by the clerk of this Court.” Id. The following year, the Court of Criminal Appeals held the same rule applies in felony cases. Delorme, 488 S.W.2d at 810 (<HOLDING>). Although there have been substantial changes Options: A. holding that because the legislatures postdecision amendments to article 4212 of the texas code of criminal procedure overruled the court of criminal appeals interpretation of thq former version of that statute it was no longer bound by the higher courts preamendment opinion B. holding that texas legislature has no police power to violate article i section 16 of the texas constitution because section 29 emphatically and unambiguously excepts this power from the powers of the government of the state of texas C. holding wjhere an appeal is taken the terms of probation do not commence until the mandate of this court is issued and citing former section 8 of article 4212 texas code of criminal procedure D. holding that preparation of a psi report is discretionary under article 3707 rather than mandatory under article 4212 E. holding same conduct can be used as element of offense and also serve as basis for a deadly weapon finding under article 4212 section 3ga2 and explaining that to hold otherwise would conflict with the unambiguous language of article 4212 section 3ga2

assistant: The best answer is C. holding wjhere an appeal is taken the terms of probation do not commence until the mandate of this court is issued and citing former section 8 of article 4212 texas code of criminal procedure
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 Amendment may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page of this Amendment by telecopy or email shall be effective as delivery of a manually executed counterpart of this Amendment.

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 legal provision and list the applicable contract clause categories. Provision: This Waiver and Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall be one and the same instrument. Receipt by telecopy or electronic mail of any executed signature page to this Waiver and Amendment shall constitute effective delivery of such signature page.

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: for particular state administrative enforcement mechanisms in the Medicare Act. While no court has apparently addressed whether there is a state administrative remedy exhaustion requirement before bringing suit under § 1983 for violations of the Medicare Act, the Eleventh Circuit has addressed the exhaustion of state administrative remedies in the context of the Medicaid Act and § 1983 suits. See Alacare, 785 F.2d at 967-69. In Alocare, the Eleventh Circuit held, in accordance with Patsy, that plaintiffs asserting violations of the Medicaid Act pursuant to § 1983 do not have to exhaust their state administrative remedies prior to doing so. See id. In holding against an exhaustion requirement, the Alacare court rejected the notion that the existence of a fede . 81, 85 (D.Conn. 1985) (<HOLDING>); St. Joseph Hosp. v. Electronic Data Sys. Options: A. holding that there is an exhaustion requirement in 1983 suits asserting violations of the medicaid act B. holding no exhaustion requirement in 1983 suit alleging violations of the medicaid act C. holding exhaustion requirement inapplicable when requiring exhaustion would be futile D. holding that the ideas exhaustion requirement applies to claims asserted under 1983 E. recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different

assistant: The best answer is A. holding that there is an exhaustion requirement in 1983 suits asserting violations of the medicaid act
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: evidential basis for the court’s conclusion of liability, although what it was is unknown to us. However, if the finding of liability had no evidential basis, that fact would provide an additional ground for reversal in this case. We find that Newman had no obligation in the proof hearing to demonstrate fault on the part of the settling tortfeasors, with the exception of Rosalie Holmes, upon whose liability that of Dean depends. Dean did not appear in the action, and he thus filed neither a erossclaim for contribution nor any other document that would provide notice to Newman that he was asserting a right to a credit based upon the settlements reached in the matter. Thus his right to an apportionment of damages was waived. See Young v. Latta, 123 N.J. 584, 596-98, 589 A.2d 1020 (1991) (<HOLDING>). See also Green v. General Motors Corp., 310 Options: A. holding that for an act to be inconsistent with the right to arbitrate and thus constitute a waiver of that right it must repudiate the right of the party who does the act B. recognizing a right to contribution C. recognizing that a claim is an assertion of a right and if there is no assertion of a right there is no claim to deduct D. holding that the right of a nonsettling defendant to a credit as the result of a settlement with a codefendant can be asserted without a crossclaim for contribution but that fair and timely notice to plaintiff of an assertion of that right must be given E. holding that treating a defendants failure to appear as a waiver not only of the right to be present but of the right to have a hearing on the motion was error

assistant: The best answer is D. holding that the right of a nonsettling defendant to a credit as the result of a settlement with a codefendant can be asserted without a crossclaim for contribution but that fair and timely notice to plaintiff of an assertion of that right must be given
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: But see Tacon Mechanical Contractors, Inc. v. Aetna Cas. & Sur. Co., 860 F.Supp. 385, 388 (S.D.Tex.1994), concluding that there is no special relationship between a bond obligee and a payment bond surety and that such a surety does not owe a common law duty of good faith and fair dealing akin to that in Arnold. We conclude in section III, infra, that the Texas Legislature did not intend to include suretyship as the “business of insurance” for all purposes under the Insurance Code. The differences between suretyship and insurance merit consideration, and we therefore find the reasoning of Dodge and similar cases unpersuasive. United Pac. Ins. Co., 884 P.2d at 1137 (assuming without discussion that sureties owe duty of good faith in reliance on Dodge); Szarkowski, 404 N.W.2d at 504-06 (<HOLDING>). The contract between MUD and Underground in Options: A. holding that duty of good faith and fair dealing did not extend to thirdparty claimant B. holding that the language of 9133 applies only to insurers and not to the insurers employees C. holding without discussion that compensated sureties should be treated as insurers and that all insurers owe a duty of good faith and fair dealing D. holding that an insurers violation of covenant of good faith and fair dealing was actionable under the consumer protection act E. holding that the duty of good faith and fair dealing is a contractual duty

assistant: The best answer is C. holding without discussion that compensated sureties should be treated as insurers and that all insurers owe a duty of good faith and fair dealing
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 Corporation may, but is not obligated to, maintain insurance to protect itself and/or Indemnitee against Expenses and Liabilities in connection with Proceedings to the fullest extent permitted by applicable laws, its Articles of Incorporation or the Bylaws of the Corporation. The Corporation may, but is not obligated to, create a trust fund, grant a security interest or use other means (including, without limitation, a letter of credit) to ensure the payment of such amounts as may be necessary to effect indemnification or advancement of Expenses as provided in this Agreement. If, at the time of the receipt by the Corporation of a notice of a claim by Indemnitee pursuant to Section 5 hereof (or upon the Corporation otherwise becoming aware of such a claim), the Corporation has liability insurance in effect which may cover such claim, then the Corporation shall give timely notice of the commencement of such claim to the insurers in accordance with the procedures set forth in the respective policies. The Corporation shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such action, suit, proceeding, inquiry or investigation in accordance with the terms of such policies.

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: In the event of any actual or threatened default in, or breach of, any of the terms, conditions and provisions of this Agreement, the Party who is, or is to be, thereby aggrieved shall have the right to specific performance and injunctive or other equitable relief in respect of its or their rights under this Agreement, in addition to any and all other rights and remedies at law or in equity, and all such rights and remedies shall be cumulative. The Parties agree that the remedies at law for any breach or threatened breach, including monetary damages, are inadequate compensation for any loss and that any defense in any Action for specific performance that a remedy at law would be adequate is waived. Any requirements for the securing or posting of any bond with such remedy are hereby waived by each of the Parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Loan Party represents and warrants that after giving effect to this Amendment, the representations and warranties made by each obligor set forth in the Loan Documents are true and correct in all material respects as of the date hereof (except those that expressly relate to an earlier period).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Promptly after the commencement thereof, notice of all actions, suits, proceedings or investigations before or by any Official Body or any other Person against any Loan Party or Subsidiary of any Loan Party which involve a claim or series of claims in excess of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) or which would reasonably be expected to have a Material Adverse Change.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the general dismissal motion. Claim 1, under 18 U.S.C. §§ 1589 and 1595(a) : The defendants’ association with McLean was a “venture,” that is, a “group of two or more individuals associated in fact,” § 1591(e)(5), in conducting which the Patels (and hence Bijal) knowingly benefited, that is, “receiv[ed something] of value,” § 1589(b), through renting space in which McLean obtained, among other things, forced sexual labor or services from Ricchio. United States v. Cook, 782 F.3d 983, 988 (8th Cir. 2015) (“The phrase ‘anything of value’ [in the Act] is extremely broad.”). The Patels acted, at the least, in reckless disregard of the fact that the venture included such conduct on McLean’s part. See 18 U.S.C. § 1589(b); United States v. Kaufman, 546 F.3d 1242, 1259-63 (10th Cir. 2008) (<HOLDING>). The defendants’ knowing benefit from that Options: A. holding that labor or services in 1589 is not limited to work in an economic sense and extends to forced sexual acts B. holding as to the admissibility of prior bad acts that allegedly took place fourteen and twelve years before the acts alleged in that case that the lapse of time between the defendants sexual acts goes to the weight of the evidence not to its admissibility C. holding that sexual harassment need not take the form of sexual advances or other explicitly sexual conduct in order to be actionable under title vii D. holding defendants prior conviction for assault related to sexual abuse of a minor even though it did not require an act of sexual abuse because it required intent to commit sexual abuse and such a mens rea demonstrate the offense was one relating to sexual abuse E. holding that claimants limited availability did not remove him from labor market and claimant was thus able and available for work

assistant: The best answer is A. holding that labor or services in 1589 is not limited to work in an economic sense and extends to forced sexual acts
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 the contrary, C.M. implicitly waived her right against self-incrimination and testified in her mother’s defense. Despite appointed counsel s presumed advice, C.M. s testimony exonerated her mother of the charged offense and inculpated herself. Though not clear, appellant appears to suggest that the trial court’s conduct in some manner shaded or inhibited C.M.’s testimony. Appellant does not refer us to any portion of the record to support her contention that C.M.’s testimony was altered in some manner by the trial court’s conduct. To the contrary, on redirect examination, C.M. confirmed that her testimony was the same as the statement that she had given police on the day of her mother’s arrest in this case. See Johnson v. State, 208 S.W.3d 478, 503 (Tex.App.Austin 2006, pet. ref d) (<HOLDING>). Given the context and circumstances of the Options: A. holding witnesss prior consistent statement admissible in part because defense counsel implied during opening statement that witness had fabricated her testimony B. holding that warnings given to a witness by the trial court and the prosecutor concerning the possibility that testifying could place the witness in jeopardy of revocation of his plea agreement and charges of perjury or false statement did not violate the defendants due process rights because the warnings merely corroborated in a straightforward and nonthreatening manner the information given by the witness attorney C. holding that defense counsels failure to object to testimony did not warrant a new trial because there was no prejudice from admission of the testimony D. holding that a judges lengthy perjury warnings to a defense witness effectively drove the witness off the stand thereby denying the defendant his due process right to present his defense E. holding that trial courts perjury admonishment to defense witness did not violate defendants due process rights because it had no effect on trial testimony record revealed that testimony was consistent with previous recorded statement given to defense counsel

assistant: The best answer is E. holding that trial courts perjury admonishment to defense witness did not violate defendants due process rights because it had no effect on trial testimony record revealed that testimony was consistent with previous recorded statement given to defense counsel
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 properties of each Loan Party, Hourglass Sands and High Point are insured pursuant to policies and other bonds which are valid and in full force and effect and which provide adequate coverage from reputable and financially sound insurers in amounts sufficient to insure the assets and risks of each such Loan Party, Hourglass Sands and High Point in accordance with prudent business practice in the industry of such Loan Parties, Hourglass Sands and High Point. Each Loan Party has taken all actions required under the Flood Laws and/or requested by the Administrative Agent to assist in ensuring that each Lender is in compliance with the Flood Laws applicable to the Collateral, including, but not limited to, providing the Administrative Agent with the address and/or GPS coordinates of each structure located upon any real property that will be subject to a mortgage in favor of the Administrative Agent, for the benefit of the Lenders, and, to the extent required, obtaining flood insurance for such property, structures and contents prior to such property, structures and contents becoming Collateral.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the maximum extent permitted by applicable law , the services are provided `` as is '' and `` as available '' , with all faults and without warranty of any kind , and the licensor hereby disclaims all warranties and conditions with respect to the services , either express , implied or statutory , including , but not limited to , the implied warranties and/or conditions of merchantability , of satisfactory quality , of fitness for a particular purpose , of accuracy , of quiet enjoyment , and non-infringement of third party rights .

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 any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by a court of competent jurisdiction, then all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any adverse manner to either of the parties. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled to the extent possible.

assistant: Severability