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: did he assess him to be incompetent. Given this evidence, we are unable to say that appellant was incompetent or that his head injuries or “inadequate mental capabilities” prevented him from entering a voluntary plea. Accordingly, we dismiss for want of jurisdiction that portion of the appeal involving the alleged denial of a punishment hearing and affirm the judgment entered below. 1 . Of late, question has arisen about whether Flowers remains controlling. Though Flowers dealt with the recitals required in a notice of appeal under the pre-1997 Rules of Appellate Procedure, the old Rule 40(b)(1) and the current Rule 25.2(b)(3) are identical. Being identical, there is no reason to interpret them differently. See Boyd v. State, 971 S.W.2d 603, 605-06 (Tex.App.—Dallas 1998, no pet. h.) (<HOLDING>). The suggestions of Judges Baird and Options: A. holding evidence sufficient to support aggravating factor of old age B. holding that incorporation of identical wording in a new rule is tantamount to approving prior judicial interpretations of the old C. holding a circuit courts authority to grant a new trial is so necessary to the judicial process and so essential to fair trials that its existence is a necessary incident to the exercise of judicial power by the circuit court D. holding that trial judge is legally correct in dismissing declaratory action when two actions are substantially the same issues were identical and the identical action was still pending E. holding that amendment of condemnors original complaint to substitute a new and different easement route was tantamount to abandonment of the original proceeding

assistant: The best answer is B. holding that incorporation of identical wording in a new rule is tantamount to approving prior judicial interpretations of the old
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: (1) (413 SE2d 191) (1992) (noting that a “stipulation is any agreement made by attorneys respecting business before the court”); Benton v. State, 286 Ga. App. 736 (649 SE2d 793) (2007) (explaining that an appellant bears the burden of showing error affirmatively by the record, and if the transcript does not fully disclose what transpired at trial, it is the duty of the complaining party to complete the record pursuant to OCGA § 5-6-41 (f)). 5 See Ga. Const. of 1983, Art. VI, Sec. II, Par. VI (providing that “all criminal cases shall be tried in the county where the crime was committed”); OCGA § 17-2-2 (a) (“Criminal actions shall be tried in the county where the crime was committed, except as otherwise provided by law.”); Jones v. State, 272 Ga. 900, 902-903 (2) (537 SE2d 80) (2000) (<HOLDING>). 6 See Jones, supra at 902-903 (2) (explaining Options: A. holding that proof of a criminal charge beyond a reasonable doubt is required by the constitution B. holding that the state must prove juvenile delinquency beyond a reasonable doubt C. holding that in every criminal case trial courts shall give the reasonable doubt instruction set forth by the court D. holding state must prove voluntariness of confession beyond a reasonable doubt E. holding that the state must come forth in all criminal prosecutions with evidence to show beyond a reasonable doubt that venue is properly laid

assistant: The best answer is E. holding that the state must come forth in all criminal prosecutions with evidence to show beyond a reasonable doubt that venue is properly laid
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: Payment of the Purchase Price and the closing hereunder (the “ Closing ”) will take place pursuant to an escrow closing, conducted by the Escrow Agent, on March 1, 2017 (the “ Closing Date ”), subject to termination of this Agreement pursuant to Section 4.1.7 hereof. On or prior to the Closing Date, the parties shall deposit in escrow with the Escrow Agent all documents, instruments and Closing funds required to be delivered by such party in order to consummate Closing pursuant to this Agreement.

assistant: Closings
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 he had invested $600,000 in building the home in Jackson but that it remained incomplete. The trial court concluded that Father’s payment of $3500 during the four months immediately preceding the filing of the petition for termination precluded a finding of abandonment. The evidence does not preponderate against the trial court’s factual findings on which this determination is based. Our review of the record supports the conclusion that Mother and Stepfather failed to prove by clear and convincing evidence that Father’s payment history constituted abandonment by willful failure to support. Although we have concluded that the record does not support the ground of abandonment based on willful failure to support, only one of the st 2010 WL 5549229, at *8 (Tenn.Ct.App. Dec. 29, 2010) (<HOLDING>). Father argues that these cases are Options: A. recognizing this substantial interest in context of termination of parental rights B. holding that generally parents have a due process right to participate in a permanency hearing because the opportunity to defend against charges of abuse and neglect may prevent a termination of parental rights C. holding that a fathers failure to resolve his drug addiction as required by the permanency plan constituted grounds for termination of his parental rights D. recognizing that the department is required to present clear and convincing evidence to support termination of a parents parental rights E. recognizing that fathers parental rights were terminated based upon his incarceration and his behavior while in prison his history of substance abuse and the fact that his child support payments are in arrears

assistant: The best answer is C. holding that a fathers failure to resolve his drug addiction as required by the permanency plan constituted grounds for termination of his parental rights
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: forth a prima facie case of gender discrimination. IV. Conclusion For the reasons set forth above, we will affirm the judgment of the District Court. 1 . Seibert’s PDA claim fares no better. Seibert alleged that she requested, but was denied, accommodation in the form of a reclining chair. Because this allegation was not asserted in Seibert’s EEOC charge, she has failed to preserve her claim and it must therefore be dismissed. See 29 U.S.C.A. § 626(d). Seibert raised new claims in her response to Lutron’s Motion for Summary Judgment that she was "singled out and forced to use her vacation time simply because she was having post natal problems with her twins.” Even if these claims were timely raised, they lack merit. See Piantanida v. Wyman Center, Inc., 116 F.3d 340, 342 (8th Cir.1997) Options: A. holding the confrontation clause of the united states constitution does not apply at sentencing under the us sentencing guidelines manual and the procedural protections afforded a convicted defendant at sentencing are traditionally less stringent than the protections afforded a presumptively innocent defendant at trial B. holding that an individual charged with criminal contempt is entitled to the full procedural protections afforded the defendant in any other criminal proceeding C. holding that presumption of regularity is afforded to clerks of court performing their official duties D. recognizing similar duties E. holding that postnatal childcare duties are not within the protections afforded by the pda

assistant: The best answer is E. holding that postnatal childcare duties are not within the protections afforded by the pda
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 and each Subsidiary has timely filed or caused to be filed all tax returns and reports required to have been filed and has paid or caused to be paid all taxes required to have been paid by it, except (a) taxes that are being contested in good faith by appropriate proceedings and for which such Loan Party or such Subsidiary, as applicable, has set aside on its books adequate reserves in accordance with GAAP or (b) to the extent that the failure to do so could not reasonably be expected to result, individually or in the aggregate, in a Material Adverse Effect. No tax liens have been filed and no claims are being asserted with respect to any such taxes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any provision of the Transfer and Administration Agreement to the contrary, each of the Managing Agents and the Investors hereby consents to (x) the non-pro rata payments in respect of the Investor Group Net Investment of the Investor Group for which PNC acts as Managing Agent and (y) the non pro rata increase of the Net Investment of the Investor Group for which Wells Fargo acts as Managing Agent.

assistant: Consents
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 before the Closing by the Purchaser by written notice to the Company, if the Closing has not been consummated on or before January 30, 2018; provided , however , that such termination will not affect the right of any party to sue for any breach by the other party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: insured.”). If so, the court asks whether the suppositions that underlay the insured’s expectation were reasonable, from the perspective of the insured, allowing the insured a great deal of latitude and taking into account the insured’s personal characteristics and experiences. See id. If the subjective expectation of the insured cannot be ascertained, the court asks whether a reasonable person, with background and characteristics similar to the insured, would have viewed the resulting injury or death as substantially certain to result from the insured’s conduct. See id.; Todd, 47 F.3d at 1456. Courts applying the federal common law of ERISA have used a number of slightly different verbal formulations to describe the objective portion of the inquiry. See, e.g., Todd, 47 F.3d at 1456 (<HOLDING>); Wickman, 908 F.2d at 1088-89 (stating a court Options: A. recognizing that substantive issue of liability may be litigated in the same action for wrongful death and survival actions B. holding that manifest intent exists when a particular result is substantially certain to follow from the employees conduct C. holding that a subjective expectation of survival is objec tively reasonable if death is not substantially certain to result from the insureds conduct D. holding that a death sentence for a conviction for the rape of a child where the crime did not result and was not intended to result in death of the victim was barred by the eighth amendment E. holding that plaintiff in survival action bears burden of proving that death was not instantaneous although a few seconds survival constitutes sufficient amount of time to vest accrual of cause of action

assistant: The best answer is C. holding that a subjective expectation of survival is objec tively reasonable if death is not substantially certain to result from the insureds conduct
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: restitution. Restitution, like fines, is a form of punishment. State v. Hart, 299 Or 128, 138-39, 699 P2d 1113 (1985). In Southern Union Co., the potential amount of the fine ranged from $50,000 to $38.1 million and depended upon the trial court determining the predicate fact (number of days of violation) in order to arrive at the amount to award. Similarly, in defendant’s view, the statutory maximum for restitution can range from zero to an “indeterminate, potentially vast amount” and depends upon the trial court determining predicate facts (the amount of the victim’s damages) in order to arrive at the amount to award. So viewed, the statutory maximum allows for a range of restitution awards, as did the statutorily uncertain fine in 564 (2012), aff'd, 354 Or 222, 311 P3d 510 (2013) (<HOLDING>); State v. Hval, 174 Or App 164, 181, 25 P3d Options: A. holding that criminal defendant was not entitled to a jury trial on the issue of restitution under ors 137106 B. holding juvenile court under statutes then in effect could not acquire jurisdiction in delinquency proceeding in the absence of a delinquency petition filed by the probation officer under an order of the court authorizing the same C. holding that youth in juvenile delinquency proceeding was not entitled to a jury trial on the issue of restitution under ors 419c450 D. holding that a delinquency proceeding places a juvenile in jeopardy for purposes of the double jeopardy clause E. holding that criminal defendant was not entitled to a jury trial on the issue of restitution under the oregon vehicle code

assistant: The best answer is C. holding that youth in juvenile delinquency proceeding was not entitled to a jury trial on the issue of restitution under ors 419c450
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: also Flores v. Southern Peru Copper Corp., 343 F.3d 140, 150 n. 18 (2d Cir.2003) (“Custom ary international law rules proscribing crimes against humanity, including genocide, and war crimes, have been enforceable against individuals since World War II”). d. Cruel, inhuman, and degrading treatment The international criminal tribunals for the former Yugoslavia and Rwanda recognize claims for cruel, inhuman, and degrading treatment. Id. at ¶ 62. Numerous federal courts have recognized that customary international law prohibits cruel, inhuman or degrading treatment. Id. at ¶ 66. Due to their enforcement in the international criminal tribunals, the Court holds that there is a customary international law norm against cruel, inhuman, and degrading treatment. See Liu Qi, 349 F.Supp.2d at 1325 (<HOLDING>); Jama, 343 F.Supp.2d at 361 (“The law of Options: A. recognizing a claim of cruel inhuman and degrading treatment based on alleged sexual abuse B. holding evidence of past uncharged sexual encounters admissible in child sexual abuse case to show relationship between defendant and alleged victim C. holding that the proscribed treatment must be based on a persons sex and not their sexual affiliations 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 communication of a venereal disease would constitute cruel and inhuman treatment

assistant: The best answer is A. recognizing a claim of cruel inhuman and degrading treatment based on alleged sexual abuse
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: 690 F.Supp. 317 (D.C.N.J.1988) (direct mail solicitation in New Jersey confers personal jurisdiction). In light of CCC’s uncontested affidavit, therefore, the court was justified in denying further discovery. CBS argues that it could not have made more specific allegations without jurisdictional discovery and that it never had the opportunity to take such discovery. Further, CBS points to cases in this circuit suggesting that a district court abuses its discretion wh . 308, 312 (S.D.Ind.1997) (citing cases and holding “it is reasonable for a court ... to expect the plaintiff to show a colorable basis for jurisdiction before subjecting the defendant to intrusive and burdensome discovery”); International Terminal Operating Co., Inc., v. Skibs A/S Hidlefjord, 63 F.R.D. 85 (S.D.N.Y.1973) (<HOLDING>). To be sure, CBS had no obligation to make Options: A. holding that an affidavit did not provide probable cause sufficient to validate a warrant where the affidavit stated an incorrect date uncontradicted by any other specific fact in the affidavit B. holding that because plaintiff has met defendants affidavit evidence with mere speculation plaintiffs request for jurisdictional discovery must be denied C. holding jurisdictional discovery not appropriate when plaintiff merely hopes to find statements in defendants affidavit not accurate but has not made counterallegations in its own affidavit D. holding affidavit insufficient to support probable cause when one cannot learn from the affidavit when the past activities occurred and when the observations were made E. holding that section 144 requires both a factual affidavit and a separate certificate that the affidavit was made in good faith

assistant: The best answer is C. holding jurisdictional discovery not appropriate when plaintiff merely hopes to find statements in defendants affidavit not accurate but has not made counterallegations in its own affidavit
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 and any dispute arising from the performance or breach hereof shall be governed by and interpreted in accordance with the laws of the State of New York, without giving effect to any choice of law rules. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement or any subject matter hereof.

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 legal provision and list the applicable contract clause categories. Provision: (i) Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, own or create directly or indirectly any Subsidiaries, except (a) any Domestic Subsidiary that has joined this Agreement as a Borrower or Guarantor on the Closing Date, (b) any Material Subsidiary acquired, incorporated or otherwise formed after the Closing Date so long as such Material Subsidiary joins this Agreement as a Loan Party pursuant to Section 11.16 [Joinder], (c) any Immaterial Subsidiary, (d) any Foreign Subsidiary existing as of the Closing Date, and (e) any Foreign Subsidiary created, acquired or otherwise formed after the Closing Date in compliance with this Agreement (including, without limitation, Section 8.2.4 [Loans and Investments] and Section 8.2.6 [Liquidations, Mergers, Etc.] hereof).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that possession of the following depictions violates § 1466A(b)(1): Prosecution Exhibits 26, 27, 28, 30, 34, 40, 54, 55, 77, 90, 106, 120, 121, 122, 123, 132, 143, 149, 154, 156, 157, 183, 184, 206, 277, 285, 316, 319, 326, and 335. 4 . Contrary to the military judge's special findings of Specification 3 of The Charge, we are not convinced beyond a reasonable doubt that possession of the depiction in Prosecution Exhibit 13 violates § 1466A(b)(1). 5 . Appellant does not contend that § 1466A(b)(1) is facially unconstitutional. This subsection is neither vague nor overbroad because it explicitly requires the offending material meet the Miller definition of constitutionally unprotected obscenity. See United States v. Williams, 553 U.S. 285, 293, 297, 128 S.Ct. 1830, 170 L.Ed.2d 650 (2008) Options: A. holding that declaring statute facially unconstitutional deprives trial court of subjectmatter jurisdiction B. holding that person challenging statute as facially vague must show that the challenged law is unconstitutional in every possible application C. holding texas flagdesecration statute facially unconstitutional D. holding section 61132b2c facially unconstitutional E. holding that a statute whose definitions precisely track the material held constitutionally proscribable in ferber and miller was not facially unconstitutional

assistant: The best answer is E. holding that a statute whose definitions precisely track the material held constitutionally proscribable in ferber and miller was not facially unconstitutional
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 governed by, construed and enforced in accordance with the laws of the State of New Jersey. Any action to enforce the provisions of this Agreement shall be commenced exclusively either in the Superior Court of the State of New Jersey or in the United States District Court for the District of New Jersey.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you do so , you authorize us to access and use certain facebook account information , including but not limited to your public facebook profile and information about facebook friends you share in common with other tinder users .

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: This Supplement may be executed in any number of counterparts, and by the different parties on different counterpart signature pages, all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Supplement electronically or by facsimile shall be as effective as delivery of a manually executed counterpart of this Agreement. Any of the parties hereto may execute this Supplement by signing any such counterpart and each of such counterparts shall for all purposes be deemed to be an original. This Supplement shall be governed by the internal laws of the State of New York.

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: The target amount of Performance-Based Shares under this Award is ______________ (_____________) Performance-Based Shares (the “ Target Performance-Based Shares ”). Provided that (y) the Company’s three-year average ROIC for the Measurement Period equals or exceeds the threshold percentage as shown on the table set forth on the execution page hereof (the “ Execution Page ”), and (z) the Grantee is employed by the Company or an Affiliate on the date of filing of the Company’s Annual Report on Form 10-K with the Securities and Exchange Commission (“ SEC ”) for the Company’s fiscal year ending March 2, 2019, and subject to the other terms and conditions of this Agreement, the restrictions on the Performance-Based Shares covered by this Award shall lapse and such shares shall vest over a range from 50% to 200% of the Target Performance-Based Shares as shown on the table set forth on the Execution Page. Any fractional shares created by such vesting will be rounded down to the nearest whole share.

assistant: Vesting
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: its functions. Given the sheer volume of his unique demand and the limited resources of the clerk’s office, Conradi established limits that would allow Barber to inspect the records he sought, but would also make sure that such inspection would not unduly interfere with the regular duties of the clerk’s office. It may be- that the efficient administration of the clerk’s office could be served by means that are less restrictive upon Barber’s right to access. But - Conradi was not obliged to adopt the least restrictive means. The Court concludes that the two hours-per-week limit imposed upon. Barber’s access was not and is not substantially broader than necessary to further the government interest at stake. Cf. Lindquist v. Idaho State Bd. of Corrections, 776 F.2d 851, 858 (9th Cir.1985) (<HOLDING>). The Court may not second-guess the balance Options: A. holding that although prison inmates have a first amendment right to access to the courts prison officials may regulate law library access including reasonable time place and manner of access taking into account the administrative needs of the institution B. holding that the prison physician lacked standing to raise the prisoners rights of access to the courts C. holding that the total denial of all access to the law library for seven months violated the plaintiffs constitutional right of access to the courts D. holding that allegations of a total denial of all access to the prison law library for 25 days following a prison riot stated a constitutional violation E. holding that denial of access to carbon paper and reproduction equipment and denial of facetoface access to other inmates did not deprive an inmate of his right of access to the courts

assistant: The best answer is A. holding that although prison inmates have a first amendment right to access to the courts prison officials may regulate law library access including reasonable time place and manner of access taking into account the administrative needs of the institution
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 any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before May 5, 2017; 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: Such Grantor is the sole beneficial owner of the Collateral and no Lien exists upon the Collateral (and no right or option to acquire the same exists in favor of any other Person) other than (a) the security interest created or provided for herein, which security interest constitutes a valid first and prior perfected Lien on the Collateral and (b) the Liens expressly permitted by the Loan Documents. There exists no Lien on the Pledged Equity Interests of such Grantor.

assistant: Titles
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 Court held that an agreement to arbitrate issues which came within the 1933 Securities Act is invalid and unenforceable against an investor. Thus, the securities broker/dealer in Wilko was precluded from compelling the investor to submit the dispute to arbitration. As in the present case, the investor in Wilko alleged that defendant violated federal securities laws and corresponding state laws. Wilko, however, arose under only the 1933 Securities Act. Going even further, several courts have applied Wilko to claims arising under the 1934 Exchange Act. Surman v. Merrill, Lynch, Pierce, Fenner & Smith, 733 F.2d 59 (8th Cir.1984) (Wilko applies to claims brought under 1934 Act and regulations promulgated thereunder), Mansback v. Prescott, Ball & Turben, 598 F.2d 1017 (6th Cir.1979) (<HOLDING>). See also Merrill, Lynch, Pierce, Fenner & Options: A. holding that claims under 10b of the securities exchange act of 1934 were arbitrable under a predispute arbitration agreement B. holding that claims under the securities act of 1934 and the rico statutes are arbitrable C. holding that an implicit congressional intent to impose aiding and abetting liability could not plausibly be inferred from the statutory silence in 10b of the securities exchange act of 1934 D. holding wilko inapplicable to the securities exchange act of 1934 and stating in wilko the court held that a predispute agreement could not be enforced to compel arbitration of a claim arising under 122 of the securities act 15 u s c 772 emphasis supplied E. holding of wilko equally applicable to cases arising under the securities exchange act of 1934

assistant: The best answer is E. holding of wilko equally applicable to cases arising under the securities exchange act of 1934
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: summary judgment motion, finding that, because there was no fraud or confidential relationship between appellee and appellant, there could be no’ constructive trust. Again, no evidence has been provided to the court, only allegations. Thus, there are genuine issues of material fact before the circuit court, and summary judgment was inappropriate. Moreover, the doctrine of constructive trust is not as narrow as the circuit court’s order suggests. A constructive trust is an implied trust that arises by operation of law when equity demands: “It is imposed where a person holding title to property is subject to an equitable duty to convey it to another on the ground that he would be unjustly enriched if he were permitted to retain it.” Druyvestein, 2010 Ark.App. 500, at 7, 375 S.W.3d at 781 (<HOLDING>). Accordingly, we reverse and remand this case Options: A. holding law of case doctrine is procedural and does not go to jurisdiction of court B. holding that even if the court were to apply the apex doctrine the doctrine would not preclude the deposition of two corporate executives in that case C. holding the doctrine applied in a case of mistake D. recognizing doctrine E. holding that the federal common fund doctrine may not be applied in contravention of a plans terms

assistant: The best answer is C. holding the doctrine applied in a case of mistake
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 Webster's New Collegiate Dictionary 257 (9th ed. 1986); see also Black's Law Dictionary 296 (9th ed. 2009) (defining the term "eohabitation" as "(tlhe fact or state of living together, esplecially] as partners in life, usu[ally] with the suggestion of sexual relations"). The inclusion of individuals who do not necessarily live together, such as anyone "related by blood or marriage," see Utah Code Ann. § 78B-7-102(2)(c), in the Cohabitant Abuse Act's definition of cohabitant is inconsistent with the plain meaning of the word. Thus, where the legislature has not specifically ascribed that definition to the term "cohabitant" as used in the context of defining a position of special trust, we do not presume that it intended to do so. Cf. Lowry v. G & L Enters., 2011 UT App 94, ¶ 12 (<HOLDING>). This is particularly true given that such an Options: A. holding that a broad statutory definition of a term that was inconsistent with the terms plain meaning did not affect the terms definition in other contexts B. recognizing that in the absence of a statutory definition statutory terms are construed in accordance with their ordinary or natural meaning C. recognizing that congress desired a broad definition of a claim D. holding that in the absence of a statutory definition a term should be accorded its ordinary meaning E. holding because legislature knew how to include terms within statutory definition and did not do so statutory definition did not include terms in light of the terms contemporaneous inclusion of the same terms in a separate provision

assistant: The best answer is A. holding that a broad statutory definition of a term that was inconsistent with the terms plain meaning did not affect the terms definition in other contexts
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: Certain Options granted under the Plan may be intended to be Incentive Stock Options; however, no Incentive Stock Options may be granted hereunder following the tenth (10 th ) anniversary of the earlier of (i) the date the Plan is adopted by the Board and (ii) the date the stockholders of the Company approve the Plan. Options may be granted to Eligible Persons in such form and having such terms and conditions as the Committee shall deem appropriate; provided, however , that Incentive Stock Options may be granted only to Eligible Persons who are employees of the Company or an Affiliate (as such definition is limited pursuant to Section 2(o) hereof) of the Company. The provisions of separate Options shall be set forth in separate Option Agreements, which agreements need not be identical.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: remedies before filing their petitions. A court of appeals “may allow the petition to be filed after the 60th day only if there are reasonable grounds for not filing by the 60th day.” 49 U.S.C. § 46110(a); see also Sierra Club v. Skinner, 885 F.2d 591 (9th Cir.1989). We have suggested before that an attempt to exhaust remedies may be a reasonable ground for delay. See Watson v. Nat’l Transp. Safety Bd., 513 F.2d 1081, 1082 (9th Cir.1975) (“Even if we assume that the sixty day statute of limitations ... [is] tolled ... when [petitioner] erroneously filed his petition with the NTSB, the filing was yet several years overdue.”). The Eighth Circuit has explicitly recognized exhaustion as a reasonable ground under § 46110(a). See Reder v. FAA, 116 F.3d 1261, 1263 (8th Cir.1997) (<HOLDING>). Crediting the lapse of time necessary for Options: A. holding there is no statutory requirement that a taxpayer exhaust administrative remedies before filing a complaint in the tax court B. holding that an unsuccessful attempt to exhaust administrative remedies was a reasonable ground for not filing an appeal by the sixtieth day C. holding that a plaintiff need not exhaust his administrative remedies to bring a retaliation claim D. holding that federal prisoners need not exhaust their administrative remedies before filing suit in federal court E. holding an inmate must exhaust all available administrative remedies before filing suit and if exhaustion was not completed at the time of filing dismissal is mandatory

assistant: The best answer is B. holding that an unsuccessful attempt to exhaust administrative remedies was a reasonable ground for not filing an appeal by the sixtieth day
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: Appellate courts are free to decline consideration of arguments made for the first time on appeal. See id. at 195 n. 2, 109 S.Ct. 998. This argument also fails on substantive grounds. First, the Gardenhires’ Equal Protection claim stems not from Chief Schubert’s failure to protect Ms. Garde-nhires’ store, but from the allegedly wrongful arrest of the couple. There is no dispute that Mr. Gardenhire is African-American; the jury may find he was arrested and that his arrest, at least, was based on racial animosity. And, just as a police officer may not unevenly apply the laws against a citizen because of his race, neither may he apply the laws unevenly because a citizen is married to someone of a particular race. See Loving v. Virginia, 388 U.S. 1, 8, 87 S.Ct. 1817, 18 L.Ed.2d 1010 (1967) (<HOLDING>). There is no question that in 1996, it was Options: A. holding that state may not treat interracial marriages differently from other marriages B. holding that the state police is a state agency C. recognizing that under california state law only ceremonial marriages can be contracted D. holding state immune from suit brought in state court E. holding that it may not

assistant: The best answer is A. holding that state may not treat interracial marriages differently from other marriages
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 capitalization of the Company as of June 30 , 2017 is as set forth in the SEC Reports. The Company has not issued any capital stock since the date of its most recently filed SEC R eport other than to reflect stock option and warrant exercises that do not, individually or in the aggregate, have a material effect on the issued and outstanding capital stock, options and other securities.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The representations and warranties set forth in Sections 3.1 , 3.2 , 3.5 , 3.6 , 4.1 , 4.2 and 4.3 shall survive the execution and delivery of this Agreement and the Closing indefinitely and the other representations and warranties contained in this Agreement shall survive the execution and delivery of this Agreement and the Closing for a period of 18 months following the Closing Date, regardless of any investigation made by or on behalf of the Company or the Purchaser. The covenants made in this Agreement and the Certificate of Designation shall survive the Closing indefinitely until fully performed in accordance with their terms and remain operative and in full force and effect in accordance with their terms regardless of acceptance of any of the Subject Shares and payment therefor and repayment, conversion or repurchase thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: meaning of section 1326(d). See DeLeon, 444 F.3d at 50 & n. 7. The appellant nonetheless strives to circumvent this failure by asserting that his waiver was neither knowing nor intelligent and, accordingly, he should be excused from the exhaustion requirement. Several courts have recognized an exception to the exhaustion requirement for cases in which the alien’s waiver of administrative review was not knowing and intel ligent. See, e.g., Richardson v. United States, 558 F.3d 216, 219-20 (3d Cir.2009); United States v. Sosa, 387 F.3d 131, 136 (2d Cir.2004); United States v. Martinez-Rocha, 337 F.3d 566, 569 (6th Cir.2003); United States v. Muro-Inclan, 249 F.3d 1180, 1183 (9th Cir.2001); see also United States v. Mendoza-Lopez, 481 U.S. 828, 840, 107 S.Ct. 2148, 95 L.Ed.2d 772 (1987) (<HOLDING>). We have reserved judgment on whether to Options: A. holding that review of an original removal decision and a subsequent removal order are distinct B. holding that due to statute defendant cannot collaterally attack prior convictions used to enhance sentence unless in violation of the right to counsel C. holding that court of appeals lacked jurisdiction to review aliens habeas claims seeking review of expedited removal order including whether expedited removal statute was lawfully applied to alien and whether expedited removal procedures violated his right to due process because language of section 1252e5 clearly precludes review in habeas proceedings of whether alien is actually inadmissible or entitled to any relief from removal D. holding prior to enactment of section 1326d that a person charged with illegal reentry has a constitutional right to collaterally attack the underlying removal order when a due process violation in a removal proceeding amounts to a complete deprivation of judicial review E. holding that a habeas petitioner cannot collaterally attack the conviction serving as a predicate for a removal order

assistant: The best answer is D. holding prior to enactment of section 1326d that a person charged with illegal reentry has a constitutional right to collaterally attack the underlying removal order when a due process violation in a removal proceeding amounts to a complete deprivation of judicial review
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: With respect to each Borrowing as to which a Use of Proceeds Certificate is required to have been delivered hereunder, if the Borrower has not applied the proceeds of such Borrowing to fund the applicable Acquisition as detailed in such Use of Proceeds Certificate by the fourth Business Day following the date such Borrowing is made, then on the fifth Business Day after such Borrowing is made, the Borrower shall, to the extent of the amount of such unused proceeds, first prepay to the Swing Line Lender the outstanding principal amount of the Swing Line Advances on a pro rata basis, and second prepay to the Lenders on a pro rata basis the outstanding principal amount of the Revolving Advances. This clause (iv) may be waived, extended or amended with the consent of the Majority Lenders and the Borrower.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 1996 WL 374186 at ⅜1 (July 2, 1996), for the proposition that "[a]n individual’s statements about the intensity and persistence of pain or other symptoms or about the effect the symptoms have on his or her ability to work may not be disregarded solely because they are not substantiated by medical evi dence,” Id. at *1 (emphasis added). But here, as discussed, the ALJ articulated other grounds for not crediting Ybarra’s testimony supported by evidence in the record, as required by SSR96-7p. See id. at *2, 2 . Plaintiff is correct that the ALJ relied on Ybarra’s deferral of steroid injections without considering whether Ybarra might have deferred the injections because he could not afford them. This was inappropriate. See Henry v. Comm’r of Soc. Sec., 802 F.3d 1264, 1269 (11th Cir. 2015) (<HOLDING>); SSR 96-7p, 1996 WL 374186 at *7-8 (”[T]he Options: A. holding that alj committed reversible error in failing to consider whether a claimants failure to seek treatment was due to his financial circumstances B. holding that failure to consider guidelines note in applying sentencing enhancement was reversible error C. holding that a claimants failure to lose weight does not constitute a refusal to follow the treatment D. holding that failure to review the evidence presented to the magistrate and failure even to have a transcript filed with the district court was reversible error E. holding that it was reversible error for the trial court to consider cumulative error in assessing claims of ineffective assistance of counsel

assistant: The best answer is A. holding that alj committed reversible error in failing to consider whether a claimants failure to seek treatment was due to his financial circumstances
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: 802 P.2d 1307, 1314 (Utah 1990) (construing § 78-12-29(1/)). Here, Plaintiff knew of the alleged slander on or around August 11, 1992—the date on the letter from CSRB Administrator Robert White to Adams that was copied and sent to Plaintiff’s counsel, in which White suggests that Adams believes that Plaintiff had committed child sex abuse. Plaintiffs complaint was not filed, however, until July 15, 1994. Clearly, the statute of limitations on Plaintiff’s defamation claim had expired before that point. Plaintiffs defamation claim is dismissed with prejudice on that basis. Summary judgment is also appropriate as to Plaintiffs defamation claim because he failed to file an undertaking as required by Utah Code Ann. § 63-30-19. Rippstein v. City of Provo, 929 F.2d 576, 578 (10th Cir.1991) (<HOLDING>). Plaintiff cannot avoid this result by Options: A. holding that plaintiffs failure to respond to argument warranted dismissal with prejudice B. holding dismissal with prejudice is appropriate remedy for failure to timely file undertaking C. holding that proper remedy for failure to exhaust is dismissal of the claim without prejudice D. holding that absent extraordinary circumstances a failure to comply with the statute requires a dismissal with prejudice E. holding that because the opposing party could demonstrate no prejudice a failure to file briefs in accordance with court rules did not warrant dismissal

assistant: The best answer is B. holding dismissal with prejudice is appropriate remedy for failure to timely file undertaking
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: you shall use your account only for non-commercial purposes ; you shall not use the service to advertise , or solicit , or transmit any commercial advertisements , including chain letters , junk or spam e-mail or repetitive or misleading messages to anyone .

assistant: None