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: (“Incentive awards are fairly typical in class action cases. Such awards are discretionary and are intended to compensate class representatives for work done on behalf of the class .... ” (citations omitted)). The district court did not abuse its discretion by including a restriction on the assignment of class members’ rights or by retaining jurisdiction to enforce the settlement agreement. See Alvarado v. Table Mountain Rancheria, 509 F.3d 1008, 1017 (9th Cir.2007) (“[A] federal court has jurisdiction to enforce a settlement agreement in a dismissed case when the dismissal order incorporates the settlement terms, or the court has retained jurisdiction over the settlement contract.”); Portland Elec. & Plumbing Co. v. City of Vancouver, 29 Wash.App. 292, 627 P.2d 1350, 1351 (1981) (<HOLDING>). We reject as moot Nigaglioni’s objection to Options: A. recognizing that reasonable time limitations may be placed on the exercise of constitutional rights B. recognizing that assignability of rights may be prohibited by contract C. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract D. holding that employees may not contract away their flsa rights E. recognizing that defendant may waive miranda rights

assistant: The best answer is B. recognizing that assignability of rights may be prohibited by contract
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 was “forced” to agree to the TOS as a “condition of continued employment,” it is clear that he had to agree to the TOS before becoming a Lyft driver. See Barrasso, 2016 WL 1449567, at *6 (granting motion to compel arbitration over unconscionability challenge, in part because "[employee] agreed to the [defendant’s] arbitration procedures at the outset of his employment relationship. This was an entirely voluntary act—even if economically motivated—and there was no 'gross disparity’ in consideration exchanged by the parties”). 16 . It is also unclear what alternative method Lyft could have reasonably employed in order to propose the agreement to Bekele. For example, Lyft might have mailed the agreement to him, and required that he mail it back with a 3, 1153 (N.D.Cal.2015) (<HOLDING>). 19 . Section 8(a)(1) of the NLRA, which Options: A. holding we may consider an issue raised for the first time on appeal when the issue presented is purely one of law and depends on the factual record developed below B. holding that a prior administrative decision actually decided ultimate factual issues that are essential to plaintiffs present claims and that issue preclusion therefore bars the relitigation of those issues C. holding that trial court must make findings of fact on all material factual issues that involve ultimate issues in divorce and must make findings that characterize and value each asset or liability on which disputed evidence was presented D. holding that factual pleadings on this issue are weak but sufficient E. holding that uber drivers are presumptive employees but that the ultimate issue of classification depends on disputed factual issues

assistant: The best answer is E. holding that uber drivers are presumptive employees but that the ultimate issue of classification depends on disputed factual issues
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel this contract .

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: (a) Each borrowing by the Borrower from the Lenders hereunder and each payment by the Borrower on account of any Duration Fee shall be made pro rata according to the respective Percentages of the relevant Lenders.

assistant: 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 legal provision and list the applicable contract clause categories. Provision: The failure by the Company to fully and timely pay, deliver or perform any of its obligations under this Agreement when required (including, without limitation, the Transfer and Payment Obligations under SECTION 4 hereof and the Indenture amendment obligation under SECTION 6) shall constitute an immediate event of default under this Agreement and with respect to all such obligations (an “ Agreement Default ”). Upon the earliest to occur of (i) an Agreement Default by the Company, and (ii) a Default or Event of Default under the Indenture or the Notes, then the Holders may (A) declare all of the Company’s payment and performance obligations (including, without limitation, the Transfer and Payment Obligations under SECTION 4 hereof) to be immediately due and payable, provided that such declaration and acceleration shall occur immediately and automatically in the event of any commencement of any case or proceeding against the Company under any Bankruptcy Law or other similar law, (B) terminate the Repurchase Withdrawal and proceed as if no withdrawal had been made in which event the Trustee and the Holders shall be entitled to immediately (1) exercise any and all rights and remedies under the Indenture and the Notes with respect to the Fundamental Change Repurchase Offer and the Repurchase Election and (2) to consummate the Repurchase Election, and/or (C) exercise any rights and remedies under the Indenture and Notes, all of which rights and remedies in (A) through (C), may be exercised without notice to or consent by the Company of any kind, except as may be expressly required by applicable law.

assistant: Remedies
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: Amendment, the City has not destroyed “a major portion” of the license’s value. Moore v. City of Costa Mesa, 886 F.2d at 262. Plaintiff has two other wireless communication towers within the City (AR, Ex. 1 at 23), Plaintiff has rejected a site because it would be too “complex” to build upon (AR, Ex. 1 at 22), and Plaintiffs own witnesses have not testified that other sites would be entirely unavailable (See, e.g., AR at 21-22, 27-28). In other words, Plaintiffs FCC license is being used within the City through the two existing towers, and may well be used more if Plaintiff applies at additional sites. Plaintiff has not proven to the satisfaction of this Court that the value of its FCC license has decreased. See United States v. 129.59 Acres of Land, 612 F.2d 459, 462 (9th Cir.1980) (<HOLDING>). For these reasons, the Court grants the Options: A. holding that landowner was entitled to compensation because the condemnation destroyed all reasonable access to remainder property B. holding that the party asserting work product protection has the burden of establishing that the doctrine applies C. holding the circuit court has exclusive jurisdiction over condemnation proceedings D. holding that in condemnation proceedings the landowner has the burden of establishing the value of the property E. recognizing no right to damages if landowner retains reasonable access to property after a condemnation

assistant: The best answer is D. holding that in condemnation proceedings the landowner has the burden of establishing the value of the property
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Keep all Property useful and necessary in its business in reasonably good working order and condition, ordinary wear and tear excepted, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will not, nor will it permit any Subsidiary to, enter into or suffer to exist any Sale and Leaseback Transaction other than Sale and Leaseback Transactions permitted by Section 6.11(viii) .

assistant: Sales
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: evaluation of Davis and his memory of the evaluation was very vague. Freeman did recall finding some ‘childhood’ problems that might be worthwhile for mitigation. Freeman could not, however, recall what specific childhood problems he believed might have been presented in mitigation. At Davis’s evidentiary hearing, however, Copeland and Belser specifically testified that Freeman advised them against calling him during the penalty phase of trial. “The Court finds Davis failed to carry his burden of proving by a preponderance of evidence he was prejudiced because Copeland and Belser did not con-, suit more with Freeman or call him during the penalty phase of his trial. Rule 32.2(c), Ala. R.Crim. P. Rule 32.7(d), Ala. R.Crim. P. See Brooks v. State, 695 So.2d 176, 182 (Ala.Crim.App.1996) (<HOLDING>).” (C.R. 883-84.) At the postconviction Options: A. holding that new evidence must be evidence that is not merely cumulative B. holding that prejudice cannot merely be alleged it must be affirmatively proved C. holding that intent and knowledge can be proved by circumstantial evidence D. holding that the end of a conspiracy must be affirmatively shown E. holding that causation cannot be proved based on speculation

assistant: The best answer is B. holding that prejudice cannot merely be alleged it must be affirmatively proved
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: Subtenant's contractors shall obtain and provide to Tenant and Landlord certificates evidencing workers' compensation, public liability, property damage, and with respect to contractors providing construction workmanship or materials, "Builder's All Risk" insurance in amounts and forms and with companies reasonably satisfactory to Landlord and Tenant and shall name each of Landlord and its agents (specifically including HCP Life Science REIT, Inc., HCP, Inc., CBRE, Inc., Project Management Advisors, Inc., and HCP BTC, LLC) and Tenant as additional insureds. All such policies of insurance must contain a provision that the company writing said policy will give Landlord and Tenant thirty (30) Calendar Days' prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. All insurance, except workers' compensation, maintained by Subtenant shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects Landlord and Tenant and that any other insurance maintained by Landlord or Tenant is excess and noncontributing with the insurance required of Subtenant hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: called back and admitted he still had not filed the bankruptcy petition. Johnson never filed the petition and never returned any of Neef s fees. The commission found violations of ethical rules 32:1.1 32:1.3, 32:1.4, 32:1.16(d), and 32:8.4(a) , (c), and (d). Under ethical rules prohibiting neglect, attorneys must advance and protect their clients’ interests and attend to matters entrusted to their care in a reasonably timely manner. See Iowa Supreme Ct. Att’y Disciplinary Bd. v. Ackerman, 786 N.W.2d 491, 495 (Iowa 2010). Johnson’s neglect and failure to take any action, including failing to file a bankruptcy petition as agreed, violated rule 32:1.3 (failing to act with reasonable diligence). See Iowa Supreme Ct. Att’y Disciplinary Bd. v. Hauser, 782 N.W.2d 147, 150-53 (Iowa 2010) (<HOLDING>); Ackerman, 786 N.W.2d at 495 (finding Options: A. holding that an attorney is not ineffective for failing to make a meritless objection B. holding that statutory grounds for recusal can be waived both by failing to object and by failing to assert error on appeal C. holding that an attorney violated mlrpc 11 by failing to take the necessary fundamental steps to further the clients case D. holding that a reasonable view of this evidence is that defendant by failing to appear for trial attempted to avoid prosecution for the offenses charged E. holding attorney violated rule 3213 when he neglected clients dissolution of marriage proceeding by failing to make filings and by failing to appear at the scheduled trial

assistant: The best answer is E. holding attorney violated rule 3213 when he neglected clients dissolution of marriage proceeding by failing to make filings and by failing to appear at the scheduled 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: defenses that may apply or to challenge the amount of the computational adjustment. I.R.C. § 6230(c)(4) (emphasis added). As the United States Supreme Court recognized, the court in a partnership-level TEFRA proceeding is “not required to shut its eyes” to the tax consequences of the court’s decision, even if the “formal adjustment” of the partners tax liability will occur at a subsequent proceeding. See Woods, 134 S.Ct. at 666. The statute of limitations defense successfully raised by BASR in this case was held to be a partnership-level item by our appellate court. See BASR Partnership, 795 F.3d at 1364 (“[T]ax is paid only on the partner’s individual returns, but [a partnership’s] tax treatment is determined and assessed at the partnership level”); see also Keener, 551 F.3d at 1363 (<HOLDING>); Prati v. United States, 603 F.3d 1301, 1307 Options: A. holding that the statute of limitations is nonjurisdictional and defendant expressly waived it observing in dicta that a statute of limitations defense should be raised no later than the trial B. holding that duress toll to statute of limitations under state law had no application to federal rico statute of limitations C. holding that the aedpa statute of limitations is not jurisdictional D. holding that the running of the statute of limitations is an affirmative defense E. holding that the statute of limitations is a partnership item under tefra

assistant: The best answer is E. holding that the statute of limitations is a partnership item under tefra
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 admitted fact.” Id. In- the underlying cause, the Department sought to terminate the “parent-child relationship” between F.M., Jr, and F.M., and the trial court’s order terminated that “parent-child relationship.” The term “parent-child relationship” is statutorily defined to include “the father and child relationship.” Tex. Fam. Code Ann. § 101.025 (West 2014). One of-the pleadings F.M., Jr. filed in the underlying cause was an “Affidavit of Respondents Testimony” in which F.M., Jr. refers to himself as F.M.’s father, stating he “does not deny that he is the father of son [F.M.].” This statement constitutes a judicial admission that F.M., Jr. is F.M.’s father. See In re K.P., No. 09-13-00404-CV, 2014 WL 4105067, at *13 (Tex. App.—Beaumont Aug. 21, 2014, no pet.) (mem. op.) (<HOLDING>); In re K.W., 138 S.W.3d 420, 429-30 (Tex. Options: A. holding zerodamages award inadequate because substantial undisputed and unrebutted testimony showed that deceased father had a close relationship with his children and that the children suffered a great loss as a result of their fathers death B. holding that the fathers statements denying responsibility for abuse on his stepdaughter were further evidence to support the trial courts conclusion that the father posed a risk of potential harm to his natural children C. holding fathers testimony at trial constituted an admission of paternity D. holding the prospective adoptive father of surrogate children did not comply with the interstate compact on the placement of children E. holding fathers pleadings representing himself to be the father of the children constituted a judicial admission

assistant: The best answer is E. holding fathers pleadings representing himself to be the father of the children constituted a judicial admission
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: discovering their wrongdoing. Davis was not a case where the plaintiff recognized a basis for a lawsuit but was persuaded to forego enforcing her right until after the statute of limitations expired. The policy underlying equitable estoppel would certainly justify its application to the fiduciary relationship allegedly abused in Davis. However, S.A.P. should not be read to let in thro d 1049 (Fla. 4th DCA 1991) (determining insurer equitably estopped from raising statute of limitations defense, when it agreed to appellant's demand to arbitrate, and had helped to pick arbitrators before five-year period for claim proceeding to arbitration ended); Baptist Hosp. of Miami, Inc. v. Carter, 658 So.2d 560 (Fla. 3d DCA 1995), abrogated by May v. Ill. Nat’l Ins. Co., 771 So.2d 1143 (Fla.2000) (<HOLDING>); Alachua County v. Cheshire, 603 So.2d 1334 Options: A. holding estate of decedent estopped where widow affirmatively told hospital that estate had no assets and would not be probated where decadents estate in fact did have assets to pay unpaid medical bills B. holding that for estate tax purposes property is to be valued as it exists in the hands of the estate C. holding that the decedents estate had standing because the traditional requirement that the plaintiff show an injury in fact that is fairly traceable to the conduct of the defendant is met by the allegation in the complaint that the defendants actions resulted in the diminishment of the assets of the estate D. holding that a legal malpractice claim arising from errors by an attorney in rendering estateplanning services is properly brought by the personal representative of the estate when excess estate taxes are paid by the estate in contravention of the decedents intended estate plan E. holding that the debtors false statements about the location of assets of the estate were material to the proceedings

assistant: The best answer is A. holding estate of decedent estopped where widow affirmatively told hospital that estate had no assets and would not be probated where decadents estate in fact did have assets to pay unpaid medical bills
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of her appeal, and thereby “failed to exercise due diligence in pursuing her rights”). Here we agree with the BIA that even if Acquaah’s motions were found to be timely, he would still not be entitled to relief because, as explained below, he has not shown that he missed his hearing due to exceptional circumstances. Acquaah does not dispute that he had proper notice of the hearing date and does not allege that he was ill or in custody at the time of his hearing. Rather, he asserts that had Kloek promptly filed a motion to reopen — which Klock all 92) (affirming the denial of motion to reopen where an alien appeared ten minutes late at a hearing because he and his attorney had “crossed signals” about where to meet); but see Barseghian v. INS, 14 Fed.Appx. 806, 807 (9th Cir.2001) (<HOLDING>). Notwithstanding this general trend, the Options: A. holding that the date of sale for an installment contract was the date of contract formation not the date of the last payment due B. holding that where surety was given until date of forfeiture hearing to produce defendant and defendant was killed by police before that date bond would not be forfeited C. holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act D. holding that trial courts resetting of hearing date for motion for summary judgment made timely summaryjudgment evidence that had been untimely based on hearing date in effect when the evidence was filed and served E. holding in a twopage unpublished opinion without supporting caselaw that exceptional circumstances existed where an alien misunderstood a court interpreter to say that his hearing date was a week later than the date of the actual hearing

assistant: The best answer is E. holding in a twopage unpublished opinion without supporting caselaw that exceptional circumstances existed where an alien misunderstood a court interpreter to say that his hearing date was a week later than the date of the actual hearing
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, Employer will pay Executive a base salary at the same rate as in effect on the date hereof in accordance with the terms set forth in the Original Senior Management Agreement (as may be adjusted pursuant hereto, the “ Annual Base Salary ”). For each fiscal year ending during the Employment Period, Executive shall be eligible for an annual bonus in an amount up to 50% of the Annual Base Salary, as determined by the Board in good faith based upon the performance of Executive and the achievement by the Parent, Employer and the other Subsidiaries of the Parent of financial, operating and other objectives mutually agreed upon by the Board and Executive, to be paid in the following fiscal year on or prior to April 30. In addition, during the Employment Period, Executive will be entitled to such other benefits as are approved by the Board and made generally available to all senior management of the Parent and Employer. The Annual Base Salary shall be reviewed annually by the Board for potential increases.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event the Optionee’s employment (or other active service-providing relationship) with the Company or an Eligible Subsidiary terminates by reason of the Optionee’s Disability, unless contrary to applicable law and unless otherwise provided by the Administrator either initially or subsequent to the grant of the Option, all unvested Options shall be automatically forfeited by the Optionee as of the date of termination and the Optionee shall have until the first anniversary of the Optionee’s termination of employment for Disability (subject to the Expiration Date of the Option) to exercise the vested portion of any outstanding Options.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (14) days of the entry of judgment. 1 . Defendants also cite In re Lombardo Fruit & Produce Co., 12 F.3d 110 (8th Cir.1993); however, that case involves notice requirements under PACA and is not germane to the issues in the instant case. 2 . The total sum of $25,243.95 represents the principal debt of $24,553.70 plus prejudgment interest of $690.25 calculated from October 7, 2000 — thirty days after the last produce was sold to Cape on thirty-day payment terms. In its discretion, the court has determined to grant Plaintiff’s request for prejudgment interest and has determined the prevailing post-judgment interest rate of 2.24% per annum is an appropriate prejudgment interest rate in this case. See, e.g., Smith v. Am. Int'l Life Assurance Co. of New York, 50 F.3d 956 (11th Cir.1995) (<HOLDING>); see also Indus. Risk Insurers v. M.A.N. Options: A. holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract B. holding that district court did not abuse its discretion in awarding prejudgment interest at the colorado statutory rate of 8 percent C. holding that it is proper to award prejudgment interest at the legal rate from the date the monies were due under the contract D. holding that award and rate of prejudgment interest are within trial courts discretion E. holding that such a decision was within the trial courts discretion

assistant: The best answer is D. holding that award and rate of prejudgment interest are within trial courts discretion
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: “with every inference and presumption in favor of upholding the verdict, and after judgment, the evidence must be construed to uphold the verdict even where the evidence is in conflict.” Here, as we noted in Division 1, supra, there was ample evidence that Esquibel was merely commuting to work when the fatal accident occurred, and there was no evidence that Barker had directed him to undertake any sort of special mis 764) (1934) (same). 20 Elliott v. Home Depot U.S.A., Inc., 275 Ga. App. 865, 867 (2) (622 SE2d 77) (2005) (punctuation omitted). 21 Id. (punctuation omitted). 22 Id. 23 Kim v. Walls, 275 Ga. 177, 178 (563 SE2d 847) (2002) (punctuation omitted). 24 Id. 25 Elliott, 275 Ga. App. at 868 (2) n.8.; see Reddick v. State, 264 Ga. App. 487, 496 (5) (a) (591 SE2d 392) (2003) (<HOLDING>). 26 See Elliott, 275 Ga. App. at 868 (2) Options: A. recognizing investigatory stop must be justified by objective manifestation that person stopped is or is about to be engaged in criminal activity B. holding that repeated questioning of juror about assent to verdict could be coercive or intimidating C. holding that a defendant has a right to question the venire about their willingness to accept the defendants right not to testify D. holding that where a states witness has not gained a concrete benefit for his testimony by way of a deal with the state and the accused is permitted broad scope in exposing the potential for bias in the witnesss testimony the trial court did not err in not allowing the accused to crossexamine the witness about possible recidivist penalties that he faced E. holding that a juror who expresses a willingness to try to be objective and whose bias arises from feelings about the particular crime as opposed to feelings about the accused may be eligible for service

assistant: The best answer is E. holding that a juror who expresses a willingness to try to be objective and whose bias arises from feelings about the particular crime as opposed to feelings about the accused may be eligible for service
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 anything in this Agreement to the contrary, but subject to Appendix B, which could negate the treatment provided by this Section 4 as a result of Section 280G of the Code, in the event of a Defined Termination of a Participant before the Vesting Date, the Participant’s Award shall immediately vest on the date of the Defined Termination, the RSU Payout Percentage shall be 100% and the Participant’s Award shall no longer be subject to the vesting conditions set forth in Section 1(b) or Section 1(c).

assistant: Change In Control
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: Amendments to this Agreement may be made only by a written instrument signed by all Members (other than any Management Member except as required by Section 13.1). The Company shall send to each Member a copy of any amendment to this Agreement. Notwithstanding the foregoing, the Company may amend Schedule A from time to time as contemplated by Section 4.1 and the Board may amend Section 6.1, Section 6.2 and Section 6.3 and any other relevant provision of this Agreement as necessary to reflect the issuance of Profits Interests to Company service providers as approved by the Board.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as a file, URL, IP address, telephone number, television channel, radio station, application, or service.” '002 Patent, col. 10, lines 8-10. Although the term pointer is used in the field of computing, it is analogous to any tag that directs a person to an object or data located elsewhere. As the Special Master observed, “[a]n index (such as the card catalog at a library) contains pointers to information (the books stored in a systematic manner).” R & R on '081 and '002 Patents 31 (emphasis added). Thus, at its core, this patent is directed to the abstract idea of retrieving data located in another place by using a device with information that pinpoints the data’s location to facilitate its retrieval. See Bascom Research, LLC v. Facebook, Inc., 77 F.Supp.3d 940, 949-50 (N.D.Cal.2015) (<HOLDING>). This is the same idea at play when someone Options: A. holding that the defrauding of different people over an extended period of time using different means and representations may constitute but one scheme B. holding out admission to practice law when not admitted to practice C. holding that the due process clause does not require courts to abandon their ageold practice of seeking information from outofcourt sources to guide their judgment toward a more enlightened and just sentence D. holding that because the statute requires commerce to use data from economically comparable countries to the extent possible commerce may not employ a methodology that requires using data from both economically comparable and economically dissimilar countries in the absence of a showing that using the data congress has directed commerce to use is impossible E. holding that the concept of establishing and using relationships between documents is a common ageold practice that is not meaningfully different from classifying and organizing data

assistant: The best answer is E. holding that the concept of establishing and using relationships between documents is a common ageold practice that is not meaningfully different from classifying and organizing data
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument, notwithstanding that both parties are not signatories to the original or same counterpart.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: proffered for the truth of the matter asserted. Fed.R.Evid. 801(c). P.I. Lawrence’s Investigation Report is not a sworn statement and, as such, does not qualify as admissible evidence. Fed.R.Civ.P. 56(e) (requiring sworn statements in opposing summary judgment). Significantly, Plaintiff fails to point to any exception to the hearsay rule available under the Federal Rules of Evidence to support the admissibility of the Travis Affidavit or the P.I. Lawrence Investigation Report Plaintiff filed in opposition to summary judgment. Moreover, even assuming, arguendo, that Plaintiffs proffered evidence could be admitted to establish circumstantial evidence that Defendants were providing negative employment references to prospective employers considering hiring Plaintiff, Jute, supra, at 179 (<HOLDING>), Plaintiff still fails to establish the Options: A. holding that a prima facie case plus disbelief of employers asserted justification for employment action is not necessarily sufficient to establish a violation and that in such cases summary judgment is appropriate unless the plaintiff presents adequate evidence that the employer unlawfully discriminated B. holding circumstantial evidence that defendant former employer was providing negative employment reference to plaintiffs prospective employers was sufficient to defeat summary judgment on the causation element of prima facie case C. holding that summary judgment was appropriate where plaintiffs statistical evidence which lacked specific analytical foundation and thus failed to show that employer maintained discriminatory intent was insufficient to establish prima facie case or pretext D. holding that a petitioner is certainly permitted to use evidence eliminating other potential causes to help carry the burden on causation and may find it necessary to do so when the other evidence on causation is insufficient to make out a prima facie case and in such instances clearly the special master must evaluate what evidence a claimant presents as part of determining whether the claimant makes a prima facie case E. holding reliance on statistical evidence of inexorable zero was sufficient to establish prima facie case notwithstanding plaintiffs failure to reference appropriate workpool

assistant: The best answer is B. holding circumstantial evidence that defendant former employer was providing negative employment reference to plaintiffs prospective employers was sufficient to defeat summary judgment on the causation element of prima facie case
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: with the medical defendants that Dr. Conner is not qualified to render an expert opinion on the standard of care at issue in this case. As the medical defendants emphasize in their motion, Dr. Conner is a clinical psychologist who practices exclusively in Oregon. He is not a medical doctor or a nurse, he is not licensed to practice psychology or any medical specialty in Virginia, he has not received any formal training in Virginia, and he has not received any training regarding the provision of medical or mental health services in a correctional setting. Additionally, since Dr. Conner is not a medical doctor, the court is of the opinion that he is also not qualified to render an expert opinion on the issue of proximate cause. Cf. John v. Im, 263 Va. 315, 559 S.E.2d 694, 697 (2002) (<HOLDING>); Perdue v. Ford Motor Co., 1998 U.S. Dist. Options: A. holding that the plaintiffs experts were not qualified to offer a medical opinion as to the cause of death because they are not physicians nor otherwise properly qualified to offer a medical opinion B. holding that a doctor was qualified under daubert to give an expert opinion on standard of medical care based on thirty years of experience as a practicing boardcertified cardiologist and his review of the medical records C. holding that because the tendered expert witness was a licensed psychologist and not a medical doctor he was not qualified to state an expert medical opinion regarding the cause of johns injury D. recognizing that the expert was particularly qualified to give his opinion E. holding that where a treating doctor is called to give an expert opinion on the standard of care that doctor is properly labeled an expert witness and must be disclosed to the other party along with other experts

assistant: The best answer is C. holding that because the tendered expert witness was a licensed psychologist and not a medical doctor he was not qualified to state an expert medical opinion regarding the cause of johns injury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and received interline shipments to and from Texas and sent sales people to Texas to develop business, negotiate contracts and service national accounts: Wilson v. Belin, 20 F.3d 644, 651 (5th Cir. 1994)("Even if [the defendant's] contacts with Texas via his short-lived malpractice insurance arrangement through a Texas law firm and his multi-year pro bono association with the historical society were arguably continuous, we hold that they were not substantial enough to warrant the imposition of general personal jurisdiction over him.”); Access Telecom, 197 F.3d at 717 (in order to confer general jurisdiction it is not sufficient that a corporation do business in Texas; it must have a business presence in Texas); Alpine View Co. v. Atlas Copco AB, 205 F.3d 208, 218 (5th Cir. 2000)(<HOLDING>). Johnston, 523 F.3d at 610-12 (concluding that Options: A. holding there was no general jurisdiction when there was no evidence that defendants advertised or promoted their goods or services in texas solicited business in texas sold their goods or services to a texas entity established a general business office or general business presence in texas or targeted texas markets B. holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law not arizona law should be applied C. holding sending two employees to work in texas and using an office in texas for limited purposes did not support finding of general jurisdiction D. holding that general jurisdiction did not exist where the defendant occasionally sold products to entities in texas that used the defendants products for projects in texas and the defendants employees made field visits to texas between december 1992 and december 1993 E. holding that isolated trips to texas more than 1500000 in purchases from texas vendors and two contracts with texas entities were not substantial enough to support general jurisdiction

assistant: The best answer is D. holding that general jurisdiction did not exist where the defendant occasionally sold products to entities in texas that used the defendants products for projects in texas and the defendants employees made field visits to texas between december 1992 and december 1993
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the alleged wrongdoer are deemed to be more substantial. Thus, the clear and convincing proof standard reduces the risk to the alleged wrongdoer of having his or her reputation tarnished erroneously by increasing the plaintiffs burden of proof. Masaki, 71 Haw. at 14, 780 P.2d at 574; see also Iddings, 82 Hawai'i at 14, 919 P.2d at 276. In this manner, the “standard [of proof] serves to allocate the risk of error between the litigants and to indicate the relative importance attached to the ultimate decision.” Masaki, 71 Haw. at 14, 780 P.2d at 574; see also Iddings, 82 Hawai'i at 13, 919 P.2d at 275. As we have pointed out, under a clear and convincing standard of proof, an alleged abused family or household member would carry a heavy burden in proving that a protective order sho 81) (<HOLDING>); State v. Miller, 84 Hawai'i 269, 933 P.2d 606 Options: A. holding hrs 7044114 which places the burden on the insanity acquittee to prove by a preponderance of the evidence that he or she is fit to be released does not violate due process principles B. holding that a district court may find acquitted conduct by a preponderance of the evidence C. holding that the trial court violated the defendants due process rights by relying on conduct of which he had actually been acquitted when imposing a sentence D. holding at trial a criminal defendant has the burden to prove his insanity by a preponderance of the evidence E. holding the due process rights of one acquitted by insanity are not violated when he or she is committed on a determination of risk of danger to self or the person or property of others by a preponderance of the evidence

assistant: The best answer is E. holding the due process rights of one acquitted by insanity are not violated when he or she is committed on a determination of risk of danger to self or the person or property of others by a preponderance of the 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: Fund, 900 F.2d 1138, 1142 (7th Cir.1990). Here, the above-factors weigh in UNUM’s favor. When UNUM’s plan administrator decided to terminate Reagan’s benefits, he had before him the following evidence to support his conclusion: (1) the fact that Dr. Kurkjian could find no objective evidence that Reagan suffered from any cardiac disease; (2) the fact that neither Dr. Kurkjian nor Dr. Laping believed that any restrictions or limitations upon Reagan’s wo agree regarding Reagan’s medical condition and ability to work, such a disagreement does not support a finding of arbitrary and capricious . In fact, reasoned differences among qualified medical experts preclude such a finding. See Smith v. Office of Civilian Health and Med. Program of Uniformed Servs., 97 F.3d 950, 959 (7th Cir.1996) (<HOLDING>); see also Ladd v. ITT Corp., 148 F.3d 753, 756 Options: A. holding that an aljs own medical analysis which is contrary to medical evidence is invalid B. holding that plaintiffs claim that medical providers did not comply with baker act was not subject to medical malpractice statutes ajlthough a medical diagnosis is necessary in order to involuntarily commit a patient the process of complying with the statute does not require medical skill or judgment C. holding that the writ may not issue merely because a federal court finds that a state courts decision was erroneous or incorrect D. holding that widespread disagreement among qualified medical experts over a medical issue virtually precludes a reviewing court from concluding that an agency decision that agrees with one side is arbitrary or plainly wrong even if the court finds other views more persuasive E. holding that the plaintiffs experts were not qualified to offer a medical opinion as to the cause of death because they are not physicians nor otherwise properly qualified to offer a medical opinion

assistant: The best answer is D. holding that widespread disagreement among qualified medical experts over a medical issue virtually precludes a reviewing court from concluding that an agency decision that agrees with one side is arbitrary or plainly wrong even if the court finds other views more persuasive
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 Grantor jointly and severally agrees to pay, in full before delinquency or before the expiration of any extension period, all property and other taxes, assessments and governmental charges or levies imposed upon, and all claims (including claims for labor, materials and supplies) against, the Equipment and Inventory, except to the extent otherwise provided in the Financing Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of the Executive’s service hereunder shall commence as of February 1, 2005 (the “Effective Date”) and shall remain in effect through February 1, 2019, or until such earlier time at which the Executive ceases to serve as Chairman Emeritus and Advisor to the Chief Executive Officer (the “Term”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that he was so intoxicated that he could not form a specific intent. Moreover, some of Petitioner’s actions on the night in question are inconsistent with the intoxication defense. To begin with, when Petitioner was attacked and stabbed after leaving the mall, he was able to recognize the gender of his two attackers, escape by running (not walking) away from them, and then locate Ms. Butler’s house on foot in the dead of night while severely injured. Surely this was no easy task, and his ability to complete it, immediately after having consumed all the alcohol that he claims to have consumed, is flatly inconsistent with his assertion that he was so extremely intoxicated that he was unable to form a specific intent. See Kreijanovsky v. State, 706 P.2d 541, 544 (Okla.Crim.App.1985) (<HOLDING>); State v. Davis, 81 Ohio App.3d 706, 612 Options: A. recognizing defendants right under utah constitution to control his defense and represent himself B. holding authority to control limits duty to control C. holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live D. holding that appellants testimony negated the intoxication defense by demonstrating he was in control of his mental faculties E. recognizing that giving this instruction where no independent forcible felony is alleged is misleading and circular and effectively negated the only defense to the charge

assistant: The best answer is D. holding that appellants testimony negated the intoxication defense by demonstrating he was in control of his mental faculties