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: duties of the Financial Aid Office. He too was not an at-will employee. Wallace State’s reasons for placing Hammons on administrative leave with full pay through her contract term and failure to renew her employment contract extended beyond issues in the Financial Aid Office, and neither Allen nor Bowie were responsible for, or in any way involved in, those other problems. Simply put, neither of these proposed comparators was “similarly situated in all relevant respects” or “nearly identical” to Hammons. See Wilson, 376 F.3d at 1091. Accordingly, the district court did not err by finding Hammons failed to meet the fourth prong of her prima facie disparate-treatment claim. IV. We likewise affirm the district court’s entry of summary 1 (S.D.Ala.1997), aff’d 140 F.3d 1043 (11th Cir.1998) (<HOLDING>). Hammons wrote the letter of grievance to the Options: A. holding that twentyfour days between protected activity and termination is sufficient to infer existence of causal connection B. holding that more than a year between the protected activity and the discharge is not close enough to support the causal connection requirement C. holding that there must be a causal connection between the advertising activity and the injury alleged in the underlying complaint D. holding that five weeks between protected activity and adverse employment action insufficient to establish a causal connection E. holding that a 7month time period between the protected activity and the adverse employment action is too indirect to satisfy the causal connection requirement

assistant: The best answer is B. holding that more than a year between the protected activity and the discharge is not close enough to support the causal connection requirement
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: Your initial base salary will be $285,000 per year payable in weekly increments, less the usual deductions for social security, income taxes, insurance premiums and any elected deductions you may care to make under MGP Ingredient’s benefit plans, all of which will be made in accordance with the Company’s current practices.

assistant: Base Salary
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 addition to the Base Salary and Incentive Compensation, the Employee will be entitled to such benefits as may be available from time to time for executives of the Employer similarly situated to the Employee or for Employee individually. All such benefits will be awarded and administered in accordance with the Employer’s standard policies and practices. Such benefits may include, by way of example only, profit-sharing plans, retirement, life and disability insurance benefits and such other benefits as the Employer deems appropriate. Employer shall provide health insurance at its expense and at the same level of coverage as existed at the time of Employee’s termination of employment to Employee and his spouse for ___ years after the date of termination or expiration of this Agreement unless the Employee’s employment pursuant to this Agreement is terminated for Cause in which event, Employer is under no obligation to provide health insurance to Employee or his spouse after termination of Employee’s employment pursuant to this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: discretion to reorder its priorities from serving a subgroup of beneficiaries to serving the broader class of all Indians nationwide.”). Second, even assuming the first two elements of a trust (trustee and beneficiary) exist, there is no corpus over which the government exercises control. Plaintiffs point out no property interest or corpus that, the government is required to manage under the statutes cited by them. The health of individual Americans of Indian descent is not property subject to government control or management. To so rule would be to deprive individual Indians of a fundamental liberty. However, a corpus or property interest is an essential element of a claim for breach of trust. See Begay v. United States, 16 Cl.Ct. 107, 126-28 (1987), aff'd, 865 F.2d 230 (Fed.Cir.1988) (<HOLDING>). Thus, because this court finds that the Options: A. recognizing the existence of the special relationship B. holding that no reasonable interpretation of a general directive would create a property interest C. recognizing that a temporary use of property does not automatically create an expectation of privacy in that property D. holding that the existence of the general indiangovernment trust relationship does not create a property interest where one does not otherwise exist E. holding that the beneficiary of a trust was not the real party in interest regarding rights owned by the trust

assistant: The best answer is D. holding that the existence of the general indiangovernment trust relationship does not create a property interest where one does not otherwise exist
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 provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provisions hereof; provided that if any provision of this Agreement, as applied to any Party or to any circumstance, is adjudged by a governmental body, arbitrator, or mediator not to be enforceable in accordance with its terms, the Parties agree that the governmental body, arbitrator, or mediator making such determination shall have the power to modify the provision in a manner consistent with its objectives such that it is enforceable, and/or to delete specific words or phrases, and in its reduced form, such provision will then be enforceable and will be enforced to the maximum extent possible given the intent of the parties hereto.

assistant: Severability
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 rights and obligations of the parties shall continue under Articles 5 (Confidentiality and Non-Use), 6 (Intellectual Property), 8 (Indemnification), 9 (Limitations of Liability), 10 (Insurance), 12 (Notice), 13 (Miscellaneous) in each case in accordance with their respective terms, notwithstanding expiration or termination of this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement and the extension of and amendments to the Five-Year Credit Agreement set forth in Paragraph 1 and Paragraph 2 above shall become effective on the date hereof, upon receipt by the Administrative Agent of duly executed counterparts of this Agreement that, when taken together, bear the signatures of the Company, the Administrative Agent and the Required Lenders (such date, the “ Effective Date ”). The Administrative Agent shall notify the Company and the Lenders of the Effective Date, and such notice shall be conclusive and binding.

assistant: Effective Dates
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: contractor status. In re FedEx, 869 F.Supp.2d at 986 (citing McDonnell v. Music Stand, Inc., 20 Kan.App.2d 287, 886 P.2d 895, 899 (1994)). FedEx maintains it cannot unilaterally terminate its relationship with Plaintiffs; rather, FedEx can only terminate the OA without the contractor’s consent in limited circumstances, such as if the contractor breaches the terms of the agreement. (OA, ¶¶ 3(a), (b), 12.1, 12.3). Further, if a contractor disputes his termination, the OA provides that the dispute can be submitted to arbitration. (OA, ¶¶ 12.1, 12.3) FedEx observes that Missouri courts have found that less restrictive termination provisions favor independent contractor status. (Consol. Opp., p. 30, citing Kirksville Pub’g Co. v. Div. of Emp’t Sec., 950 S.W.2d 891, 899 (Mo.Ct.App.1997) (<HOLDING>)). Plaintiffs argue that even though the OA Options: A. holding that the right to discharge factor supported contractor status even though the company was only required to provide thirty days notice to discharge a motor carrier B. holding that where the immediate cause or motivating factor of a discharge is the employees assertion of statutory rights the discharge is discriminatory under section 215a3 whether or not grounds for other discharge exist C. recognizing tort of wrongful discharge D. holding that cogsa controls shippers claim against carrier even though the purported fraud or negligence is alleged to have occurred prior to loading or subsequent to discharge E. holding that an atwill employee may have a cause of action for wrongful discharge when the reason for a discharge was the employees exercise of a right conferred by a wellestablished legislative enactment

assistant: The best answer is A. holding that the right to discharge factor supported contractor status even though the company was only required to provide thirty days notice to discharge a motor carrier
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: As our Supreme Court has recently explained, OCGA § 5-6-48 (c)’s requirement that the trial court may not dismiss an appeal until first providing the parties with “notice and an opportunity for hearing” is “satisfied if the [complaining] party is given an opportunity to respond on the record to the motion to dismiss.” And to the extent our decision in McCorvey Development, Inc. v. D. G. Jenkins Development Corp. (upon which Kooby relies) can be read as standing for a contrary proposition, it is no longer of any precedential utility on that particular point of law. Decided July 5, 2011. Bradley W. Bledsoe, Ernest C. Trammell, for appellant. Allen, McCain & OMahony, Hunter S. Allen, Jr., Cara E. Weiner, Simuel F. Dosier, Jr., for appellees. Case No. A11A0237 In view o 2d 791) (1999) (<HOLDING>); Leonard v. Ognio, 201 Ga. App. 260, 261 (410 Options: A. holding that a party failed to present any evidence to rebut inference that delay was unreasonable and inexcusable B. holding defendant failed to rebut statutory presumption where evidence was not particular to the facts and circumstances of the case C. holding that a five month delay was unreasonable D. holding that a 13 month delay was unreasonable E. holding that evidence that a partys delay in paying costs was caused by a miscommunication was not sufficient to rebut inference

assistant: The best answer is A. holding that a party failed to present any evidence to rebut inference that delay was unreasonable and inexcusable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as to the material facts.” Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); First Nat’l Bank of Cicero v. Lewco Secs. Corp., 860 F.2d 1407, 1411 (7th Cir.1988). “It is not the duty of the court to scour the record in search of evidence to defeat a motion for summary judgment; rather, the nonmoving party bears the responsibility of identifying the evidence upon which he relies.” Harney v. Speedway SuperAmerica, LLC, 526 F.3d 1099, 1104 (7th Cir.2008). If the nonmoving party fails to establish the existence of an essential element on which it bears the burden of proof at trial, summary judgment is proper—even mandated. Massey v. Johnson, 457 F.3d 711, 716 (7th Cir.2006) (citing Celotex, 477 U.S. at 322-23, 106 S.Ct. 2548) (<HOLDING>). In ruling on a motion for summary judgment, a Options: A. holding that failure to prove an essential element of an offense does not constitute fundamental error which may be raised for the first time on appeal B. holding that failure to instruct on an essential element was harmless error because the element was so clearly established C. holding that a failure to prove one essential element necessarily renders all other facts immaterial D. holding that a failure of proof regarding a required element of a case necessarily renders all other facts immaterial and further analysis unnecessary E. holding that causation is an essential element in failure to warn claim

assistant: The best answer is C. holding that a failure to prove one essential element necessarily renders all other facts immaterial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by either the patient or the qualified health care provider, and the jury, as trier of fact, is free to accept or reject any portion or all of the opinion. Everett, 359 So.2d at 1269. In the present matter both parties sought an all or nothing ruling on the admissibility of the panel opinion. On one hand, plaintiffs sought to exclude the opinion in its entirety because of the panel’s credibility determinations upon which its ultimate opinion was based. In support of their position, plaintiffs cited the statutory duty of the panel and Third Circuit jurisprudence, arguing the panel, by exceeding its duty and invading the province of the factfinder, rendered its opinion legally invalid and inadmissible. See Whittington v. Savoy, 05-1169, p. 3 (La.App. 3 Cir. 5/31/06), 931 So.2d 1198, 1201 (<HOLDING>). The defense, on the other hand, argued the Options: A. holding that the language of the iad is mandatory and absolute B. holding that a states use of the word shall is mandatory language C. holding that the statute is mandatory D. holding a simple reading of la rs 40129947h mandates the admissibility of the mrp opinion E. holding the mandatory language of larevstat 40129947h presupposes the validity of the opinion itself

assistant: The best answer is E. holding the mandatory language of larevstat 40129947h presupposes the validity of the opinion itself
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 355 U.S. 424 78 S.Ct. 393 2 L.Ed.2d 380 Roy D. HONEYCUTT, Petitioner,v.WABASH RAILWAY COMPANY a Corporation. No. 639. Decided Jan. 27, 1958. Mr. Charles E. Gray, for petitioner. PER CURIAM. 1 The petition for certiorari is granted and the judgment of the St. Louis Court of Appeals of the State of Missouri is reversed and the case is remanded for proceedings in conformity with this opinion. We hold that the proofs justified with reason the jury's conclusion that employer negligence played a part in producing the petitioner's injury. Ferguson v. Moore-McCormack Lines, Inc., 352 U.S. 521, 77 S.Ct. 457, 1 L.Ed. 511; Rogers v. Missouri Pacific R. Co., 352 U.S. 500, 77 S.Ct. 443, 1 L.Ed.2d 493. Mr. Justice Harlan, with whom Mr. Justice Whittaker joins, concurs in the result for the reasons given in his memorandum in Gibson v. Thompson, 355 U.S. 18, 78 S.Ct. 2, 2 L.Ed.2d 1. For the reasons set forth in his opinion in Rogers v. Missouri Pacific R. Co., 352 U.S. 500, 524, 77 S.Ct. 443, 459, 1 L.Ed.2d 493, 515, Mr. Justice FRANKFURTER is of the view that the writ of certiorari is improvidently granted.

assistant: 8
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: second assignment of error, defendant contends that the trial court erred by imposing attorney fees in the amount of $1,352 when the record was silent as to her ability to pay them. Defendant acknowledges that she did not object at the time, but argues that the court committed plain error and urges us to exercise our discretion to correct the error. The state concedes that the trial court committed plain error in imposing those fees. See ORS 151.505(3) (“The court may not require a person to pay costs under this section unless the person is or may be able to pay the costs.”); ORS 161.665(4) (“The court may not sentence a defendant to pay costs under this section unless the defendant is or may be able to pay them.”); see also State v. Coverstone, 260 Or App 714, 716, 320 P3d 670 (2014) (<HOLDING>). We accept the state’s concession and, for the Options: A. holding that imposition of courtappointed attorney fees is plain error when the record is silent as to the defendants ability to pay the fees ordered B. holding that a trial court commits plain error by imposing courtappointed attorney fees where the record is silent as to the defendants ability to pay the fees ordered C. holding that courts may require one or both parents to pay for a courtappointed attorney for their children D. holding that it is plain error for a trial court to require a defendant to pay courtappointed attorney fees in the absence of legally sufficient evidence that defendant has the ability to pay the amount imposed E. holding that it was not an abuse of discretion to require a defendant to pay all back taxes

assistant: The best answer is D. holding that it is plain error for a trial court to require a defendant to pay courtappointed attorney fees in the absence of legally sufficient evidence that defendant has the ability to pay the amount imposed
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: 5.6.2 in enabled countries , you should configure the limited emergency calling functionality by setting your default location for emergency calling in the call settings page of your desktop internet communications software ( if you are using a 4.1 version for windows ( or later ) or version 2.8 for mac os x ( or later ) ) .

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: All notices, requests and demands to or upon Buyer or Guarantors, to be effective, shall be delivered in the manner and addressed at the applicable address set forth in the Purchase Agreement. The Guarantors agree and acknowledge that notice to each of them may be sent and delivered to the Company, as required under the Purchase Agreement, and such notice to the Company shall be deemed valid and effective notice to Guarantors hereunder.

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: The Borrower and each of its Significant Subsidiaries has filed or caused to be filed all federal and state returns of income and franchise taxes imposed in lieu of net income taxes and all other material tax returns that are required to be filed and has paid all taxes shown to be due and payable on said returns or with respect to any claims or assessments for taxes made against it or any of its property by any Governmental Authority (other than (i) any amounts the validity of which are currently being contested in good faith by appropriate proceedings and with respect to which reserves in conformity with GAAP have been provided on the books of the Borrower or any of its Significant Subsidiaries, as applicable, and (ii) claims which could not reasonably be expected to have a Material Adverse Effect). No material tax Liens have been filed against the Borrower or any of its Significant Subsidiaries other than (A) Liens for taxes which are not delinquent or (B) Liens for taxes which are being contested in good faith by appropriate proceedings and with respect to which reserves in conformity with GAAP have been provided on the books of the Borrower or any of its Significant Subsidiaries, as applicable.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: when you make your content available to masquerade or in connection with the services , you represent and warrant that : ( a ) you own your content or otherwise have the right to grant the licenses to use your content as set forth in these terms , ( b ) the use of your content as set forth in these terms does not violate , misappropriate or infringe on the rights of any third party , including , privacy rights , publicity rights , copyrights , trademark or other intellectual property or proprietary rights , and ( c ) you agree to pay for all royalties , fees , and any other monies owed by reason of use of your content as set forth in these terms .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any content that is not published by truecaller , i.e. that you or other users post or communicate directly in or on the services , including user information , user profile information , status updates and messages sent via the services may not be previewed by truecaller .

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: Any dispute, controversy or question arising under, out of, or relating to this Agreement (or the breach thereof), or, the Executive’s employment with the Companies or termination thereof, shall be referred for arbitration in Chicago, Illinois to a neutral arbitrator selected by the Executive and the Companies (or if the parties are unable to agree on selection of such an arbitrator, one selected by the American Arbitration Association pursuant to its rules referred to below) and this shall be the exclusive and sole means for resolving such dispute. Such arbitration shall be conducted in accordance with the National Rules for Resolution of Employment Disputes of the American Arbitration Association. Except as provided in Section 5(d)(x) above, the arbitrator shall have the discretion to award reasonable attorneys’ fees, costs and expenses to the prevailing party. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section 18 shall be construed so as to deny the Companies the right and power to seek and obtain injunctive relief in a court of equity for any breach or threatened breach by the Executive of any of the Executive’s covenants in Section 6 hereof. Moreover, this Section 18 and Section 12 hereof shall not be applicable to any dispute, controversy or question arising under, out of, or relating to the Indemnification Agreement.

assistant: Arbitration
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: Similarly, the Council argues that the Rules must rise or fall as a single regulatory scheme. ¶ 49 Our courts have repeatedly held that if part of a legislative act is unconstitutional, it alone should be severed if the balance of the act remains workable. Randolph v. Groscost, 195 Ariz. 423, 427, ¶ 13, 989 P.2d 751, 755 (1999); Long v. Napolitano, 203 Ariz. 247, 266, ¶ 70, 53 P.3d 172, 191 (App. 2002). The Rules have “the same effect and force as a law.” Goodman v. Superior Court, 136 Ariz. 201, 203, 665 P.2d 83, 85 (1983). Consequently, no reason appears, and neither the Cooperatives nor the Council suggest any, why we cannot similarly sever R14r-2-1611(A) from the Rules if the remaining regulatory framework is workable. See Burbridge v. Sampson, 74 F.Supp.2d 940, 954 (C.D.Cal.1999) (<HOLDING>). ¶ 50 We will sever R14-2-1611(A) and leave Options: A. holding that the proof at sentencing1 provision contained in 42 pacs 97121 is unconstitutional in light of alleyne and is not severable from the remainder of the statute B. holding that because pennsylvania law limited a state courts review of a zoning boards decision to the issue whether the boards determinations were supported by substantial evidence the rookerfeldman doctrine did not prevent the plaintiffs from filing a federal action claiming that the zoning board had engaged in disability discrimination following a state courts review of the boards determinations C. holding that an arbitration provision that waived class actions and thus required the consumer to pay a 125 fee to vindicate a 150 claim was substantively unconscionable but also holding that the waiver provision was severable from the remainder of the arbitration provision which would be enforced D. holding export provision severable from other hmt provisions E. holding boards unconstitutional regulations severable from remainder

assistant: The best answer is E. holding boards unconstitutional regulations severable from remainder
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: 662, 375 S.E.2d 676, 678-79 (1989); In re K.L.C., 12 P.3d 478, 480-81 (Okla.Civ.App.2000); E.H., supra, 880 P.2d at 13; In re M.D., 168 Wis.2d 995, 485 N.W.2d 52, 55 (1992)). IV. The Miottiest issue presented is the practical application of a post-trial remedy, given the time constraints that apply in a parental termination case because of a child’s need for permanency. There are two basic paradigms for raising the issue: direct appeal and post-judgment motion in the trial court. The vast majority of states utilize the first route. See, e.g., In re A.L.E., 248 Ga.App. 213, 546 S.E.2d 319, 325 (2001) (allowing ineffectiveness claims to be raised on direct appeal but remanding for evidentiary hearing upon determining record inadequate); In re C.N.W., 26 S.W.Sd 386, 393 (Mo.Ct.App.2000) (<HOLDING>); Geist, supra, 796 P.2d at 1201 (instructing Options: A. holding that an issue not raised on appeal is waived B. holding arguments not raised on appeal waived C. holding claims must be raised on direct appeal or waived D. holding issue not raised in the bankruptcy court was waived on appeal E. holding that claims including constitutional claims must be asserted in trial court to be raised on appeal

assistant: The best answer is C. holding claims must be raised on direct appeal or waived
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: 91 (D.N.J.1990). The statute of limitations will be tolled, however, where the defendant affirmatively conceals the facts that would allow plaintiff to realize that a cause of action exists. See Plain v. Flicker, 645 F.Supp. 898, 902-03 (D.N.J.1986). Active concealment tolls the statute of limitations until the plaintiff exercising reasonable diligence knows or should know of the fraud. See id. To determine whether an employer’s affirmative misrepresentations on monthly ERISA reports tolls the statute of limitations for a fund or trustee’s suit against the employer for deficient ERISA contributions, the Court must assess whether the deficiencies were apparent from the face of the reports. See, e.g., Sheet Metal Workers, Local 19 v. 2300 Group, Inc., 949 F.2d 1274, 1282-83 (3d Cir.1991) (<HOLDING>); Connors v. Beth Energy Mines, Inc., 920 F.2d Options: A. holding that there is no first amendment right of access to presentence reports B. holding tolling appropriate where no aspect of reports should have alerted plaintiffs to irregularities C. holding annexation ordinance only voidable due to procedural irregularities D. holding that whether the judgment creditor had reason to know or might have been alerted to circumstances that should reasonably have impelled him to check beyond the filed record is irrelevant E. holding that 2244d is subject to equitable tolling in appropriate cases

assistant: The best answer is B. holding tolling appropriate where no aspect of reports should have alerted plaintiffs to irregularities
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 degree “ ‘that a fair and just hearing would be thwarted by his absence.’ ” Id. (quoting Snyder, 291 U.S. at 108, 54 S.Ct. 330). There is no constitutional right to be present “when presence would be useless, or the benefit but a shadow.” Cohen v. Senkowsky 290 F.3d 485, 489 (2d Cir.2002) (citations and quotation marks omitted). With respect to the in camera hearings relating to the location of the undercover officer’s gun, petitioner has not explained how his exclusion from the hearing precluded a meaningful opportunity for cross-examination of the undercover officer. It was never alleged that the under cover officer used her gun during the sting and defendant had a full opportunity to cross-examine her on the sting itself at trial. Cf. Stincer, 482 U.S. at 739-44, 107 S.Ct. 2658 (<HOLDING>). Similarly, petitioner has failed to explain Options: A. holding that the confrontation clause bars admission of testimonial statements of a witness who did not appear at trial unless the witness was unavailable to testify and the defendant had a prior opportunity for crossexamination B. holding that statute allowing videotaped testimony of child witnesses at trial violated state constitutional right of confrontation but not sixth amendment right C. holding confrontation right not violated by exclusion of defendant from competency hearing of child witnesses where defendant had opportunity for full and effective crossexamination at trial D. holding that due process guarantees were not violated where a defendant was excluded from a witness competency hearing and noting that the hearing did not concern the witnesses substantive testimony E. holding that defendants absence from and defense counsels restriction to written questions in hearing on competency of child complainant did not violate confrontation clause

assistant: The best answer is C. holding confrontation right not violated by exclusion of defendant from competency hearing of child witnesses where defendant had opportunity for full and effective crossexamination 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: act or omission of the defendant.”). Furthermore, even though foreseeability is the principal determinant of duty in Maryland, Foster indirectly touches on most, if not al, of the Althaus factors. , this also suggests the “social utility” and “consequences of imposing a duty” prongs in Althaus weigh against finding a duty owed by GSK. Additionally, the courts and legislature of the Commonwealth have evinced a policy of deference to any well-defined public policy embodied by federal law. See State Farm Mut. Auto. Ins. Co. v. Foster, 585 Pa. 529, 889 A.2d 78, 80-81 (2005) (“the legislative concern for the increasing cost of automobile insurance is the public policy to be advanced by statutory interpretation of the MVFRL”); In re Estate of Wagner, 584 Pa. 49, 880 A.2d 620, 626 (2005) (<HOLDING>); see also Acands, Inc. v. Travelers Cas. & Options: A. holding that the statute creating child death reviews to be conducted by the department of public welfare clearly expressed public policy to identify remedial possibilities and better safeguard children which purpose could not be accomplished if agencies feared making discoverable admissions that could lead to liability dictated outcome that audits could not be available to plaintiffs as discovery B. holding that a waiver argument was not available because the dispute is over the amount of coverage and not a policy defense that could be waived C. holding that evidence of a defendants prior criminal convictions could be introduced for the purpose of sentence enhancement if the jury was instructed that the evidence could not be used for the purposes of determining guilt D. recognizing that an exercise of the police power necessary to safeguard the public safety and welfare can justify impairment of contractual rights and obligations E. holding that the outcome of the case could have been different if the trial court had imposed the appropriate burden

assistant: The best answer is A. holding that the statute creating child death reviews to be conducted by the department of public welfare clearly expressed public policy to identify remedial possibilities and better safeguard children which purpose could not be accomplished if agencies feared making discoverable admissions that could lead to liability dictated outcome that audits could not be available to plaintiffs as discovery
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: S.Ct. 2705). Frison complains that the statutes at issue failed to give him fair notice that his conduct was criminal. Cook, 782 F.3d at 988. Specifically, he claims he did not have notice that a passive landlord who is merely renting his property could be held responsible for the actions of his tenants— tenants who were, in this case, illegally selling counterfeit goods and improperly reproducing or distributing copyrighted works. But Frison was not simply a passive landlord. Instead, as the Moreover, the evidence shows Frison received actual notice that his conduct as the operator of the flea market was unlawful, a factor that is relevant to our analysis. See United States v. Ghane, 673 F.3d 771, 778 n. 4 (8th Cir. 2012); United States v. Washam, 312 F.3d 926, 930 (8th Cir. 2002) (<HOLDING>). Several events put Fri-son on notice that he Options: A. holding that an argument of actual notice has some appeal and weakens a constitutional vagueness challenge citing united states v saffo 227 f3d 1260 1270 10th cir 2000 B. holding that constructive possession may be established by a showing that the firearm was seized at the defendants residence emphasis added quoting united states v walls 225 f3d 858 867 7th cir 2000 C. holding that 3582 proceeding is criminal in nature and tenday appeal period applies citing united states v petty 82 f3d 809 810 8th cir1996 and united states v ono 72 f3d 101 10203 9th cir1995 D. holding that parties asserting error on appeal must put forth some specific argument and analysis citing the record and authorities in support of the parties argument E. recognizing federal constitutional claim against the united states

assistant: The best answer is A. holding that an argument of actual notice has some appeal and weakens a constitutional vagueness challenge citing united states v saffo 227 f3d 1260 1270 10th cir 2000
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: has also presented evidence that creates a reasonable inference that age discrimination was the determinative factor in her termination. The district court found that the firing of older employees during the reorganization period of September 1994 to October 1995 was not sufficient to create an inference of impermissible age discrimination. While we agree that timing alone does not create a presumption of age discrimination, see Nelson v. J.C. Penney Co., 75 F.3d 343, 346-47 (8th Cir.), cert. denied, 519 U.S. 813, 117 S.Ct. 61, 136 L.Ed.2d 23 (1996), it may lend force to contemporaneous evidence of age discrimination, depending on the quality of that evidence, see Quiroga v. Hasbro, Inc., 934 F.2d 497, 501 (3d Cir.), cert. denied, 502 U.S. 940, 112 S.Ct. 376, 116 L.Ed.2d 327 (1991) (<HOLDING>); Caudill v. Farmland Indus., Inc., 919 F.2d Options: A. holding that to justify a new trial based upon newly discovered evidence 1 the evidence must have been discovered after trial 2 the failure to discover this evidence must not be attributable to a lack of due diligence on the part of the movant 3 the evidence must not be merely cumulative or impeaching 4 the evidence must be material and 5 the evidence must be likely to produce an acquittal if a new trial is granted B. holding that infer ence cannot be based on timing alone but must take into account other evidence C. holding that to obtain a new trial based on newly discovered evidence the defendant must allege facts from which the court may infer diligence on the part of the defendant D. holding in a race discrimination case that close timing is an element of the plaintiffs prima facie case but insufficient on its own to rebut a legitimate nondiscriminatory reason that explains the action and its timing E. holding that evidence to prove a conspiracy need only be such that reasonable jurors could infer that the parties entered into an unlawful agreement

assistant: The best answer is B. holding that infer ence cannot be based on timing alone but must take into account other evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by consumers and one that insures the debtor against claims by officers and directors. In either case, the insurance policies protect against diminution of the value of the estate.”); In re CyberMedica, Inc., 280 B.R. 12, 17 (Bankr.D.Mass.2002) (“There is a fundamental test that has been used in determining whether or not property belongs to the estate and that test is whether ‘the debtor’s estate is worth more with them then without them.’ ” citing Minoco, supra at 519); In re Jasmine, Ltd., 258 B.R. 119, 128 (D.N.J.2000) (“This Court finds [ ] that the trustee’s a B.R. 752, 755 (N.D.Ca.1991) (following Louisiana World Exposition in distinguishing ownership of policy versus ownership of proceeds); In re Youngstown Osteopathic Hosp. Ass’n, 271 B.R. 544, 550-51 (Bankr.N.D.Ohio 2002) (<HOLDING>); First Central Financial, supra, 238 B.R. at Options: A. holding that the proceeds of a liability insurance policy were not property of the estate B. holding that where the policy includes indemnification coverage to the corporation proceeds are not property of the estate where there is no proof of payments by corporation of payments C. holding that the action on the part of the corporation in making payments for so long a period without objection constituted a ratification of the agreement by the corporation D. holding directors and officers liability policy was property of the estate because the estate was worth more with indemnification coverage than without the coverage E. holding that where the policy names only the directors or officers as insured the proceeds are not property of the estate

assistant: The best answer is B. holding that where the policy includes indemnification coverage to the corporation proceeds are not property of the estate where there is no proof of payments by corporation of payments
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: AR016969. For each of these forms of take, NMFS set limits for that take and metrics designed to measure the take. AR016969-71. STANDARDS Summary judgment is appropriate if the “movant shows that there is no genuine dispute as to any material fact and the movant is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). ■ All of plaintiffs’ claims at issue in the present motions are gov n Kraayenbrink, the APA’s standard of review will be applied to plaintiffs’ claim and plaintiffs must prove that NMFS’ failure to reinitiate consultation was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706(2)(A) (emphasis added); 632 F.3d at 481 (<HOLDING>). Accordingly, if plaintiffs ■ prove that the Options: A. holding that courts should review claims brought under the esa under the citizensuit provision of the esa or when the citizensuit provision is unavailable under the apa B. holding that courts of appeals should review the facts necessary to determine whether an exemption to the flsa applies in a particular under the clearly erroneous standard C. holding that judicial review under the apa is precluded when a remedy is available under a citizen suit provision of an environmental statute citations omitted D. holding that when considering an agency action as to which the statute does not specify the standard of review the courts of appeals must proceed pursuant to the apas general standard of review for agency actions in 5 usc 7062a E. holding that irrespective of whether an esa claim is brought under the apa or the citizensuit provision the apas standard of review applies

assistant: The best answer is E. holding that irrespective of whether an esa claim is brought under the apa or the citizensuit provision the apas standard of review applies
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 precluded from maintaining “an action in its own name to recover its unpaid attorney’s fees merely because, by the workings of an independent agreement between [insured] and [attorney], [the insured] may be relieved of all or part of its obligation to pay those fees”); Colpan Realty Corp. v. Great Am. Ins. Co., 83 Misc.2d 730, 373 N.Y.S.2d 802, 805 (N.Y.Sup.Ct.1975) (“If defendant is in fact obligated to pay for legal expenses involved it must pick up the tab whether plaintiff paid it or not. There is no logical reason to require plaintiff to advance money it is not obligated to pay as a condition to obtaining payment from the party responsible for the obligation in the first place.”); cf. Jamar v. Patterson, 910 S.W.2d 118, 123-24 (Tex.App.-Houston [14th Dist.] 1995, writ denied) (<HOLDING>); O’Connell v. O’Connell, 843 S.W.2d 212, 220 Options: A. holding attorney fees may be allowed for expenses incurred for default B. holding that recovery for medical expenses incurred as result of accident depends on proof of necessity and reasonableness C. holding that an award for medical expenses is proper when the expenses have been incurred but not paid D. holding that debtors have the burden of proving that other necessary expenses on form b22c are actual reasonable and necessary expenses and that these expenses should be considered in light of schedule j and other relevant evidence E. holding imputation was not proper when the record did not show that such expenses had been incurred in the past

assistant: The best answer is C. holding that an award for medical expenses is proper when the expenses have been incurred but not paid
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: District — namely, the press’s “unique role and interest in observing government activity in our democracy” insofar as it is charged with disseminating information to and educating the public — PG Publishing has standing to maintain this action. 604 A.2d at 1225. III. Next, PDE asserts that PG Publishing has failed to establish a right to relief under the RTKL because agencies have no duty under the RTKL to retain records for any period of time. It points to Section 507 of the RTKL providing that “Nothing in this act shall be construed to modify, rescind or supersede any record retention policy or disposition schedule of an agency established pursuant to law, regulation, policy or other directive.” 65 P.S. § 67.507; see also Paint Township v. Clark, 109 A.3d 796, 808 (Pa.Cmwlth.2015) (<HOLDING>). In short, just as Section 705 of the RTKL, 65 Options: A. holding that material submitted by appellant that is cumulative of evidence previously of record is not new B. holding that a postconviction claim that is refuted by the record is without merit C. holding that record retention was not modified by and is expressly recognized by the rtkl D. holding that review of a partial and truncated record by the district court was error and case remanded for review on the entire administrative record E. holding that state liability only accrues as expressly authorized by law

assistant: The best answer is C. holding that record retention was not modified by and is expressly recognized by the rtkl