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: Ins. Co. v. Stegman, 2002 ND 113, ¶ 6, 647 N.W.2d 133. Although the parties did not question the appealability of the Commissioner’s order in district court, we must dismiss an appeal on our own motion if we conclude that we do not have jurisdiction. See Johnson v. Rafbevold, 505 N.W.2d 110 (N.D.1993); Regstad v. Steffes, 433 N.W.2d 202, 203 (N.D.1988); Chas. F. Ellis Agency, Inc. v. Berg, 214 N.W.2d 507, 509 (N.D.1974). [¶ 6] Appealability of the Commissioner’s decisions is governed by the Administrative Agencies Practice Act, N.D.C.C. ch. 28-32. See In re Juran and Moody, Inc., 2000 ND 136, ¶ 6, 613 N.W.2d 503. Section 28-32-42(1), N.D.C.C., authorizes appeals to the district court from final orders of an administrative agency, see Gross v. North Dakota Dep’t of Human Services, 20 (<HOLDING>); Gillan v. Saffell, 395 N.W.2d 148, 149 Options: A. holding order granting a new trial is not a final appealable order because it does not terminate the action or any of the claims or parties in the action B. holding that an order by the trial court remanding the cause to the agency to impose a sanction other than the one imposed by the agency was not a final and appealable order because it did not terminate the litigation between the parties on the merits C. holding that a rehearing order was not final or appealable D. holding that an order granting a new trial in a civil action is appealable E. holding that an order is not a final appealable order when it does not dispose of the complaints against all of the defendants

assistant: The best answer is A. holding order granting a new trial is not a final appealable order because it does not terminate the action or any of the claims or parties in the action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any other provision of this PSU Terms Agreement to the contrary, the Committee may amend this PSU Terms Agreement to the extent it determines necessary or appropriate to comply with the requirements of Code Section 409A and the guidance thereunder and any such amendment shall be binding on Employee.

assistant: Modifications
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 essential or material elements of a fraud claim against the same defendant described in a prior complaint.” U.S. ex rel. Branch Consultants v. Allstate Ins. Co., 560 F.3d 371, 378 (5th Cir. 2009). Although the Mayes Complaint also identifies BlueWave as a defendant, Riedel provided the Government with information on entirely different fraudulent schemes. No reasonable read ing of the Mayes Complaint would have informed the Government of the need to investigate whether BlueWave was paying speaker’s fees to physicians as a kickback or waiving insurance copays and deductibles. See U.S. ex rel. Galmines v. Novartis Pharm. Corp., No. CIV.A. 06-3213, 2013 WL 2649704, at *10 (E.D. Pa. June 13, 2013), on reconsideration in part, No. CIV.A. 06-3213, 2013 WL 5924962 (E.D. Pa. Nov. 5, 2013) (<HOLDING>). The Government partially intervened regarding Options: A. holding that amended complaint related back where the facts alleged in the original complaint clearly put defendants on notice as to the conduct at issue in this action B. holding that the plaintiffs second complaint did not relate back to her first complaint because her second complaint was not an amendment to her first complaint but rather a separate filing C. holding that the firsttofile rule did not bar complaint involving same defendants where firstfiled complaint did not put government on notice of a separate fraudulent scheme D. holding that group pleading did not render complaint infirm where complaint provided fair notice of claims E. holding that a complaint that fails rule 9b is rendered legally infirm from its inception and thus cannot preempt a laterfiled complaint under the firsttofile bar

assistant: The best answer is C. holding that the firsttofile rule did not bar complaint involving same defendants where firstfiled complaint did not put government on notice of a separate fraudulent scheme
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: assigned the claim, and the collection service sought to have the judgment registered in Missouri. In the Missouri action, Burgess filed a motion for summary judgment, asserting that the South Dakota judgment was only against Dako and could not have an effect against him personally. The trial court in Mis sition that he had been doing business under variations of the name of “Tri-State Seed Company” since about 1985. He admitted that he had entered into the contract, offered as part of exhibit 1, with Toulousaine. The name on the contract with Toulousaine was “Tri-State Seed & Grain.” The address of “Tri-State Seed & Grain” is Olson’s home address. He admitted that he intended to cover this seed contract by purchasing seed from Palen. The stationery he 49, 560 N.Y.S.2d 269 (1990) (<HOLDING>); Rink v. NPN, Inc., 419 N.W.2d 194 (N.D. 1988) Options: A. holding entitys failure to register assumed name did not affect entitys capacity to defend suit or impair validity of any contract B. holding that private individual could not bring a claim to remove a judges name from the roll of attorneys C. holding that negligent breach of a duty assumed in a contract does not give rise to a separate tort claim D. holding that an atwill employee may bring a cause of action under section 1981 E. holding that one who deals with a business entity under an assumed name may bring an action against it under the assumed name

assistant: The best answer is E. holding that one who deals with a business entity under an assumed name may bring an action against it under the assumed name
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 Executive agrees that he hereby resigns from all other positions held by him with the Company and any entity in the Company, including without limitation any position as a director, officer, agent, trustee or consultant unless otherwise agreed with the Company, effective on the date when the Executive's employment with the Company terminates. In addition, and in exchange for the full severance payment paid to the Executive pursuant to Sections 9(b)(v) or(vi), above, and satisfaction of any other obligation owed by the Company to the Executive, the Executive shall sign a full and final release of the Company in a form satisfactory to the Company, acting reasonably, which release shall not impose any post-employment obligations on the Executive beyond those set forth in this Agreement.

assistant: Releases
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 herein to the contrary, a Participant shall not be eligible to receive any Severance under the Plan unless he or she first executes a Release within 21 days (or 45 days if necessary to comply with applicable law) after the Date of Termination and does not revoke such Release within seven days thereafter.

assistant: Releases
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 any number of counterparts, each of which shall be considered to be an original, but all of which shall constitute one in the same instrument. As used in this Agreement, the term “this Agreement” shall include all attachments, exhibits, schedules, riders and addenda.

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: Mergens, 496 U.S. 226, 235, 110 S.Ct. 2356, 2864, 110 L.Ed.2d 191 (1990); Widmar, 454 U.S. at 274-75, 102 S.Ct. at 277. This court also has regularly noted that maintaining a neutral policy avoids establishment of religion difficulties. See Hedges, 9 F.3d at 1299 (finding no neutrality in school district’s suppression of private speech); Sherman v. Community Consol. Sch. Dist. 21, 8 F.3d 1160, 1165 (7th Cir.1993) (finding evenhanded treatment of religious and nonreligious youth groups), cert. denied, — U.S. —, 114 S.Ct. 2109, 128 L.Ed.2d 669 (1994); American Jewish Congress v. City of Chicago, 827 F.2d 120, 124 (7th Cir.1987) (stating principle that government should not favor one religion over another religion or over non-religion); see also Good News/Good Sports Club, 28 F.3d at 1510 (<HOLDING>). In Rosenberger, the Supreme Court, through Options: A. holding that a university creates a public forum when it makes its facilities generally available to registered student groups B. holding that a school district owed the highest degree of care to a student on a school bus such that the district could be liable for the sexual abuse of the student by the school bus driver C. holding that school policy did not advance religion but established a neutral forum for community and student groups to engage in exchange of ideas D. holding that exclusion of religious groups from universitys open forum policy violated the first amendment E. holding that where a high school student and the students mother received adequate notice of the charges had sufficient opportunity to prepare for the meeting with school personnel were accorded an orderly hearing and were given a fair and impartial decision no due process violation occurred even though the school failed to provide advance notice that the potential disciplinary actions included a transfer to another school

assistant: The best answer is C. holding that school policy did not advance religion but established a neutral forum for community and student groups to engage in exchange of ideas
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: Comply with the requirements of all Applicable Laws and all orders, writs, injunctions and decrees applicable to it or to its business or property, except in such instances in which (a) such requirement of law or order, writ, injunction or decree is being contested in good faith by appropriate proceedings diligently conducted; or (b) the failure to comply therewith could not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Borrower and the Significant Subsidiaries has good title to, or valid leasehold interests in, all its material properties and assets, except for defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes and that would not reasonably be expected to result in a Material Adverse Effect, and none of such property or assets is subject to any Lien except as permitted by Section 6.2 .

assistant: Liens
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: Subject to the terms and conditions set forth in the Grant Notice, this Restricted Stock Unit Agreement and the Plan, the Restricted Stock Units shall vest based on (i) the relative achievement of the Performance Goals set forth in the Grant Notice during the Performance Period set forth in the Grant Notice and (ii) the Participant’s continuous employment through the Vesting Date. Attainment of the Performance Goals shall be determined and certified by the Committee in writing prior to the vesting of the Restricted Stock Units.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the extent permitted by law , the total liability of google , and its suppliers and distributors , for any claims under these terms , including for any implied warranties , is limited to the amount you paid us to use the services ( or , if we choose , to supplying you the services again ) .

assistant: Limitation of liability
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: Subject to the termination provisions set forth in Section 10 , the closing of the transactions contemplated hereby (the “ Closing ”) shall occur following the receipt of all Funds by the Company and the satisfaction or waiver of all of the conditions set forth in Sections 8 and 9 (other than those conditions that by their nature are satisfied at the Closing); or at such other time and date to be agreed between the Company and the Investors purchasing a majority of the Securities (such date and time of delivery and payment for the Securities being herein called the “ Closing Date ”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the contract is of a type usually put in writing, whether it needs a formal writing for its full expression, whether it has few or many details, whether the amount involved is large or small, whether it is a common or unusual contract, whether a standard form of contract is widely used in similar transactions, and whether either party takes any action in preparation for performance during the negotiations.” Horsfield Const., Inc. v. Dubuque County, Iowa, 653 N.W.2d 563 (Iowa 2002) (quoting Restatement (Seoond) op CONTRACTS § 27 cmt. c). b. Analysis of letter of intent The court first notes that the language of the letter of intent clearly contemplates a subsequent, final contract. Paragraph 9 of the letter of intent reads as follows: 9. Form of lting Group, Inc., 494 N.W.2d at 444-45 (<HOLDING>); Air Host Cedar Rapids, Inc. v. Cedar Rapids Options: A. holding no enforceable contract where letter specified it was a letter of interest only and is subject to the negotiation and execution of a definitive agreement B. holding that issuing a letter of counseling and a letter of reprimand was not a materially adverse employment action for purposes of a retaliation claim because the letter contained no abusive language andinstead contained jobrelated constructive criticism which can prompt an employee to improve her performance C. holding that a loi that is subject to the negotiation and execution of a definitive agreement was nothing more than an invitation to attempt to reach an agreement of sale and not an enforceable contract based on offer and acceptance D. holding that 1823e does not apply to a claim relating to a letter of credit a letter of credit is a liability not an asset E. holding that an addendum letter was a new contract because it modified a prior lease agreement

assistant: The best answer is A. holding no enforceable contract where letter specified it was a letter of interest only and is subject to the negotiation and execution of a definitive agreement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any amounts payable to any Indemnified Parties under this Agreement shall become immediately due and payable on demand and, if not paid within five (5) days of such demand therefor, shall bear interest at the Default Rate.

assistant: Interests
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: then that party must come forward with more persuasive evidence than otherwise would be necessary to show there is a genuine issue for trial.” Blue Ridge Ins. Co. v. Staneunch, 142 F.3d 1145, 1149 (9th Cir.1998) (citing Cal. Architectural Bldg. Prods., Inc. v. Franciscan Ceramics, Inc., 818 F.2d 1466, 1468 (9th Cir.1987)). Conclusory allegations that are unsupported by factual data cannot defeat a motion for summary judgment. Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989). Finally, if the nonmoving party fails to present an adequate opposition to a summary judgment motion, the court need not search the entire record for evidence that demonstrates the existence of a genuine issue of fact. See Carmen v. San Francisco Unified Sck. Dist., 237 F.3d 1026, 1029-31 (9th Cir.2001) (<HOLDING>). The district court need not “scour the record Options: A. holding that the district court may determine whether there is a genuine issue of fact on summary judgment based on the papers submitted on the motion and such other papers as may be on file and specifically referred to and facts therein set forth in the motion papers B. holding that the trial court may not grant summary judgment on a ground not raised in the motion C. holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion D. holding the denial of a motion for summary judgment on an issue which is later submitted to the jury is not reviewable E. recognizing motion to strike as proper vehicle for evaluating objectionable hearsay evidence in opposition papers to summary judgment motion

assistant: The best answer is A. holding that the district court may determine whether there is a genuine issue of fact on summary judgment based on the papers submitted on the motion and such other papers as may be on file and specifically referred to and facts therein set forth in the motion papers
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 execution, delivery and performance by the Parent and TARGET of this Agreement and the consummation of the transactions contemplated hereby have been duly authorized by all necessary corporate or other action on the part of the Parent and TARGET. The Parent and TARGET have duly executed and delivered this Agreement and this Agreement constitutes a valid and binding agreement of the Parent and TARGET.

assistant: Authorizations
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) Except as otherwise expressly provided herein, unless previously terminated, the 2018 Revolving Commitments shall terminate on the Maturity Date for the 2018 Revolving Commitments, and the 2019 Revolving Commitments shall terminate on the Maturity Date for the 2019 Revolving Commitments.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: contends that the pleadings have sufficiently put the Defendants on notice, as required by the Federal Rules of Civil Procedure. See id. at 9. “ ‘[A] party’s assertion of fact in a pleading is a judicial admission by which it is normally bound throughout the course of the proceeding.’ ” Schott Motorcycle Supply Inc. v. American Honda Motor Co., 976 F.2d 58, 61 (1st Cir.l992)(quoting Bellefonte Re Ins. Co. v. Argonaut Ins. Co., 757 F.2d 523, 528 (2d Cir.1985)); see also Davis v. A.G. Edwards and Sons, Inc., 823 F.2d 105, 108 (5th Cir.1987). Like many other Courts of Appeal, the Third Circuit has held that “to be binding, judicial admissions must be unequivocal.” Glick v. White Motor Co., 458 F.2d 1287, 1291 (3d Cir.1972); see also Greenwell v. Boatwright, 184 F.3d 492, 498 (6th Cir.l999)(<HOLDING>); Schott Motorcycle Supply, Inc. v. American Options: A. holding that if words of statute are unambiguous there is no room for judicial construction B. holding that only deliberate clear and unambiguous statements are judicial admissions C. holding that only deliberate clear and unequivocal statements can constitute conclusive judicial admissions D. holding that parties are bound by admissions in pleadings E. recognizing that statements in appellees brief can constitute judicial admissions

assistant: The best answer is B. holding that only deliberate clear and unambiguous statements are judicial admissions
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 connection with this Agreement and the transactions contemplated thereby, each Party shall execute and deliver any additional documents and instruments and perform any additional acts that may be necessary or appropriate to effectuate and perform the provisions of this Agreement and such transactions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: focused their attention on the word “corruptly” as the key to what may or may not lawfully be done in the situation presented here. Section 1512(b) punishes not just “corruptly persuading]” another, but “knowingly . . . corruptly persuading]” another. (Emphasis added.) The Government suggests that “knowingly” does not modify “corruptly per suades,” but that is not how the statute most naturally reads. It provides the mens rea — “knowingly”—and then a list of acts — “uses intimidation or physical force, threatens, or corruptly persuades.” We have recognized with regard to similar statutory language that the mens rea at least applies to the acts that immediately follow, if not to other elements down the statutory chain. See United States v. X-Citement Video, Inc., 513 U. S. 64, 68 (1994) (<HOLDING>); see also Liparota v. United States, 471 U. S. Options: A. holding that the term knowingly under 2252a applies to both the nature of the material and the age of the children depicted B. recognizing that the most natural grammatical reading of 18 u s c 2252a1 and 2 suggests that the term knowingly modifies only the surrounding verbs transports ships receives distributes or reproduces C. holding that the offense defined by sections 2201a1 and b2b has three parts two of which include culpable mental states and that intentionally knowingly or recklessly in the third part modifies impeding the normal breathing or circulation of the blood of the person D. holding that unless otherwise directed by the statute the term knowingly merely requires proof of knowledge of the facts that constitute the offense E. holding that to determine whether a statement was voluntary the court must consider the totality of all the surrounding circumstances both the characteristics of the accused and the details of the interrogation and decide whether a defendants will was overborne by the circumstances surrounding the giving of a confession

assistant: The best answer is B. recognizing that the most natural grammatical reading of 18 u s c 2252a1 and 2 suggests that the term knowingly modifies only the surrounding verbs transports ships receives distributes or reproduces
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: level of a section 213(a)(1) [exempt] professional because it did not require a college or an advanced degree in any specialized field of knowledge.”). Finally, the case law advanced by Cameron is neither binding on this Court nor inconsistent with our conclusion. Some of these cases either misapply (or ignore altogether) the requirement that the plaintiffs knowledge be of the type customarily acquired by a prolonged course of advanced intellectual study. See Debejian v. Atl. Testing Labs., Ltd., 64 F.Supp.2d 85, 88 (N.D.N.Y.1999); Stevins v. Provident Constr. Co., No. 04-15189, 137 Fed.Appx. 198, 199 (11th Cir. Apr.18, 2005). Another case cited by Cameron provides minimal justification for its holding. See Dingwall v. Friedman Fisher Assocs., P.C., 3 F.Supp.2d 215, 218 (N.D.N.Y.1998) (<HOLDING>). On the basis of the foregoing, we conclude Options: A. holding that daubert applies not only to testimony based on scientific knowledge but also to testimony based on technical and other specialized knowledge B. holding that whether the witnesss area of expertise was technical scientific or more generally experiencebased the court in its gatekeeping function must make certain that an expert whether basing testimony upon professional studies or personal experience employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field C. holding that illinois college of optometry qualified for exemption under this test 1 the institution must offer a course of study which fits into the general scheme of education established by the state and 2 the course of instruction must lessen the tax burden of the public by providing an education which would otherwise have to be furnished by the state D. holding flight attendant could testify as to observation that many people hit their heads on the overhead compartment but could not give an expert opinion as to the need for a warning because the witness had no specialized knowledge that would assist the trier of fact the court never indicated that such specialized knowledge should be in the area of warnings E. holding without explanation that designing electrical systems is clearly an area requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study

assistant: The best answer is E. holding without explanation that designing electrical systems is clearly an area requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: You represent that you have been provided all benefits due under the Family and Medical Leave Act and that you have received all wages due, including overtime pay, premium pay, vacation pay, bonus pay, commissions, or other compensation, and that you have received all appropriate meals and rest breaks to which you were entitled, in compliance with the Fair Labor Standards Act and applicable state and local law, that you have no known workplace injuries or occupational diseases, and that you have not made any report of or opposed any fraud or other wrong doing at the Company and that you have not been retaliated against for reporting or opposing any alleged fraud or other wrongdoing at the Company.

assistant: Representations
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 terms and provisions of the Original Agreement not otherwise specifically addressed by this Amendment, including, without limitation, the indemnification provisions thereof, shall be construed and interpreted in a manner consistent with the transaction being a sale of Assets and assumption of Assumed Contracts, and not as being a sale and purchase of Shares.

assistant: Construction
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: amazon services llc and/or its affiliates ( `` amazon '' ) provide website features and other products and services to you when you visit or shop at amazon.com , use amazon products or services , use amazon applications for mobile , or use software provided by amazon in connection with any of the foregoing ( collectively , `` amazon services '' ) .

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 case excerpt and choose the best holding from the options. Case excerpt: Tribe, 517 U.S. at 76, 116 S.Ct. 1114. The Court held that while Congress intended to abrogate Eleventh Amendment immunity it was without the authority to do so. Seminole Tribe, 517 U.S. at 73, 116 S.Ct. 1114. b. 42 U.S.C. § 1983 Plaintiff contends all defendants individually and collectively, acting under the color of state law, deprived her of her property (gaming license) without due process of law and are thus liable under 42 U.S.C. § 1983. Plaintiffs § 1983 claim against the State and the KSGA may not go forward because a state or state agency is not a “person” for purposes of § 1983. See Will v. Michigan Dept. of State Police, 491 U.S. 58, 64, 71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989); Reiger v. Kansas Pub. Employees Retirement Sys., 755 F.Supp. 360 (D.Kan.1990) (Saffels, J.)(<HOLDING>). Plaintiffs assertion that KSGA is considered Options: A. holding a state agency as an arm of the state cannot constitute a person under 1983 because it is a sovereign entity B. holding state university is not a person under 1983 C. holding kansas public employees retirement system is not as a state agency considered a person for purposes of 1983 liability D. holding that a state is not a person under 42 usc 1983 E. holding that a state is not a person within the meaning of 1983

assistant: The best answer is C. holding kansas public employees retirement system is not as a state agency considered a person for purposes of 1983 liability
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: No waiver of any covenant or condition contained in this Agreement or of any breach of any such covenant or condition shall constitute a waiver of any subsequent breach of such covenant or condition by either party, or justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof of either party, nor shall any forbearance by either party to seek a remedy for any breach constitute a waiver with respect to such or any subsequent breach.

assistant: No Waivers
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 execution, delivery and performance of this Guaranty by the Guarantor and the consummation by the Guarantor of the transactions contemplated thereby do not and will not (i) conflict with or violate any provision of its Certificate of Incorporation or By-laws or (ii) conflict with, constitute a default (or an event which with notice or lapse of time or both would become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture or instrument to which the Guarantor is a party, or (iii) result in a violation of any law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which the Guarantor is subject (including Federal and State securities laws and regulations), or by which any material property or asset of the Guarantor is bound or affected, except in the case of each of clauses (ii) and (iii), such conflicts, defaults, terminations, amendments, accelerations, cancellations and violations as could not, individually or in the aggregate, have or result in a Material Adverse Effect. The business of the Guarantor is not being conducted in violation of any law, ordinance, or regulation of any governmental authority, except for violations which, individually or in the aggregate, do not have a Material Adverse Effect.

assistant: No Conflicts
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: Borrower shall, and shall cause each of its Subsidiaries to, (a) comply in all material respects with all applicable Laws and decrees of any Governmental Authority or arbitrator, (b) maintain at all times all consents or approvals required from the United States or any state of the United States (or other applicable Governmental Authorities) necessary to grant to Administrative Agent a Lien on the Oil and Gas Properties of Borrower and its Subsidiaries, and (c) maintain in effect and enforce policies and procedures designed to ensure compliance by Borrower, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: team, EY provided the required evidence of commitment. See CAR 583-84, 588-678. Because EY did not represent that IBM was a part of its subcontracting team, the cases that IBM cites in support of its argument are inapposite. For example, in Sen-trillion, the solicitation required each offeror to supply “signed partnering agreements” with any subcontractors to be used as evi dence of their commitment. 114 Fed.Cl. at 566-67. The court held that the “teaming agreements” proffered by the protester, which stated that the parties would enter into “good faith negotiations with the intent of entering into a mutually acceptable subcontract agreement,” did not satisfy the solicitation’s requirement. Id. at 567. See also LaSalle Partners v. United States, 48 Fed.Cl. 797, 803-04 (2001) (<HOLDING>); Motorola Solutions, Inc., B-409148 et al., Options: A. holding that in the postaward context a protesting party lacked standing to bring the protest action because it could not show a substantial chance of receiving an award when its submission did not comply with the solicitations substantive requirements B. holding that offerors did not establish that they had entered a joint venture because the solicitation required submission of a copy of the executed joint venture agreement and the letter proffered by offerors did not satisfy solicitations requirements C. holding that emboldenment theory not applicable because defendant did not venture from home into public with the drugs or firearms D. holding that a copy of an agreement executed by an insolvent bank found in the draft documents of the banks attorney did not satisfy section 1823es requirements because it was not an official record of the failed bank E. holding that defendants failed to raise triable issue of material fact where they did not establish that the type size of the copy they submitted in opposition to summary judgment motion was identical to that of the original contract

assistant: The best answer is B. holding that offerors did not establish that they had entered a joint venture because the solicitation required submission of a copy of the executed joint venture agreement and the letter proffered by offerors did not satisfy solicitations requirements
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party shall be entitled, in addition to any other right or remedy it may have, at law or in equity, to an injunction, without the posting of any bond or other security, enjoining or restraining the other Party from any violation or threatened violation of this Section 12.

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: First, although we have recognized that “a trial court has the power to take all reasonable steps short of dismissal, depending on the equities of the case,” Richardson, 76 Hawaii at 504, 880 P.2d at 179, we can find no case in which a trial court has devised comparable sanctions. The cases cited by Ford, in which courts excluded expert testimony based on missing evidence, see, e.g., Unigard Sec. Ins. v. Lakewood Eng’g & Mfg., 982 F.2d 363, 368-69 (9th Cir.1992), are inapposite; here, Perysian was an eyewitness to the accident, not an expert who formed opinions based on subsequent examination of the evidence. Even assuming that the sanctions lay within the broader scope of the circuit court's powers, we do not believe that they were justified in this case. See Turner, 142 F.R.D. at 77 (<HOLDING>). Besides Perysian's statement, Ford produced Options: A. holding that to consider whether to apply a spoliation sanction the evidence must be relevant to an issue in the case and the party who destroyed the evidence must be under a duty to preserve the evidence B. recognizing that summary judgment must be approached with special caution in discrimination cases C. holding that where the destruction was negligent rather than willful special caution must be exercised to ensure that the sanction is commensurate with the information that was reasonably likely to have been contained in the destroyed evidence D. 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 E. holding that motions for summary judgment in patent cases must be considered with unusual caution

assistant: The best answer is C. holding that where the destruction was negligent rather than willful special caution must be exercised to ensure that the sanction is commensurate with the information that was reasonably likely to have been contained in the destroyed 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 legal provision and list the applicable contract clause categories. Provision: The representations, warranties and covenants of the Company and Holder contained in Articles II, III and IV shall survive the survive cancellation of the Exchange Notes and issuance of the Exchange Shares, until the expiration of the applicable statute of limitations.

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: A permanent and total disability such that the Participant is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months, or is, by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period not less than three months under an accident and health plan covering Employees of the Employer. A Participant will be deemed to be subject to a Disability if the Participant is determined to be disabled under a long-term disability plan of the Employer that uses a definition of “disability” that complies with one or both of the foregoing. In addition, a Participant will be deemed to be subject to a Disability if the Participant is determined to be totally disabled by the U.S. Social Security Administration.

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: to explain how the video portion of the MVRs captured any criminal investigation. In contrast, the Authority in the present case submitted affidavits as to how it investigated Requester’s claim and the circumstances under which it downloaded and reviewed its recordings when undertaking a noncriminal investigation of a claim. As noted, Mr. Stoker stated that the Authority’s claims adjuster reviewed the recordings as part of its investigation. Even though Mr. Stoker indicated that the adjuster’s review of the recordings was reviewed in the course of investigating Requester’s property damage claim, were related to and, indeed, part of the noncriminal investigation such that they constituted investigative materials. See Fennell v. Pa. Game Comm’n, 149 A.3d 101, 105 (Pa. Cmwlth. 2016) (<HOLDING>). The fact that the adjuster found the Options: A. holding investigation was not deficient in part because counsel hired an experienced death penalty investigator who conducted a thorough investigation into defendants history B. holding the itc may reasonably interpret the subject to investigation provision to mean that imports covered by a suspension agreement in which an investigation is temporarily terminated are not subject to investigation while under that agreement emphasis added C. holding that the requested materials a copy of a report or anything put on record regarding the commissions investigation into a tree stand that was allegedly too close to a house fell within noncriminal investigation exemption D. holding that police officers have a duty to conduct an investigation into the basis of the witness report E. holding that after a reasonable investigation an insurer must promptly settle a claim for the value or within the range assigned to the claim as a result of its investigation

assistant: The best answer is C. holding that the requested materials a copy of a report or anything put on record regarding the commissions investigation into a tree stand that was allegedly too close to a house fell within noncriminal investigation exemption
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: this would constitute a miscarriage of justice. The offense of loitering and prowling contains two elements: first the accused must be loitering and prowling in a manner not usual for law-abiding citizens; and second, the loitering and prowling must be under circumstances that threaten the public safety. State v. Ecker, 311 So.2d 104 (Fla.), cert. denied, Bell v. Florida, 423 U.S. 1019, 96 S.Ct. 455, 46 L.Ed.2d 391 (1975). With regard to the second element, “the p an open convenience store constitutes loitering and prowling in a manner unusual for law-abiding citizens, there was no evidence introduced at trial indicating that appellant’s actions were creating an imminent threat to the safety of persons or property in the area. See T.W. v. State, 675 So.2d 1018 (Fla. 2d DCA 1996)(<HOLDING>); R.D.W. (holding that juvenile’s and two other Options: A. holding that police officers had reasonable suspicion of criminal activity after observing a group of men huddled around a closed store at 2 am B. holding that change in schedule from working 600 am to 230 pm with sundays and mondays off to working 730 am to 400 pm with sundays and tuesdays off did not constitute adverse employment action C. holding that the police officer had reasonable suspicion when he saw a vehicle moving with its lights off in the parking lot of a closed business in a rural area at 300 am D. holding that juveniles presence one foot from closed pawn shop at 400 am while carrying chain saw case did not create imminent threat to the safety of persons or property in the area E. holding that the officer lacked reasonable suspicion to stop the car in which the defendant was a passenger when the officer saw the vehicle come out from behind a closed building at 330 am and the building had been recently burglarized

assistant: The best answer is D. holding that juveniles presence one foot from closed pawn shop at 400 am while carrying chain saw case did not create imminent threat to the safety of persons or property in the area