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: States Supreme Court and the Court of Appeals for the Second Circuit have previously rejected this analysis on multiple occasions. See Harris Trust & Sav. Bank v. Salomon Smith Barney, Inc., 530 U.S. 238, 247, 120 S.Ct. 2180, 147 L.Ed.2d 187 (2000) (finding that ERISA Section 502(a)(3) strictly limits the “universe of plaintiffs who may bring certain civil actions.”) (emphasis in original); Franchise Tax Bd. v. Constr. Laborers Vacation Trust for S. Cal., 463 U.S. 1, 27, 103 S.Ct. 2841, 77 L.Ed.2d 420 (1983) (“ERISA carefully enumerates the parties entitled to seek relief under [§ 502(a)(3) ]; it does not provide anyone other than participants, beneficiaries, or fiduciaries with an express cause of action.... ”); Nechis v. Oxford Health Plans, Inc., 421 F.3d 96, 100 (2d Cir.2005) (<HOLDING>); Chemung Canal Trust Co. v. Sovran Bank/Md., Options: A. holding that a plaintiff seeking individual relief under erisa 502a3 under a breach of fiduciary duty theory did not have a cause of action when the alleged breach of fiduciary duty was a failure to distribute benefits in accordance with the plan B. holding that collective bargaining agent representing employees had representational standing and therefore could bring an action under section 502 of erisa C. holding that a lawyer who is fully aware of his clients obligation under an erisa plan to honor the subrogation interest of his employer may be held liable under section 502a3 of erisa D. holding that claims for equitable relief under 502a3 are only available when a plaintiff has no other relief under erisa E. holding that only members of the enumerated classes have standing to bring a civil action under erisa section 502a3

assistant: The best answer is E. holding that only members of the enumerated classes have standing to bring a civil action under erisa section 502a3
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: imposed was the statutory minimum sentence under OCGA § 16-13-31 (a) (1) (C), the court did not err. 2. Edwards claims the court erroneously denied his motion for a mistrial because the State made numerous comments concerning his failure to testify and also made improper inflammatory remarks. Edwards challenges the propriety of eight statements used in the State’s closing arguments. (a) First, we examine the alleged references to Edwards’ failure to testify. Two of the prosecutor’s statements alluded to Edwards’ failure to respond to statements made by the investigating officer at the scene of the investigatory traffic stop. The record indicates that while Bishop was conducting the stop, he told Edwards that he noticed “a large bulge, sticking way out.” Edw 2124, 65 LE2d 86) (1980) (<HOLDING>). Based on Jenkins, supra, there is no federal Options: A. holding that the government may comment on a defendants prearrest premiranda silence as well as his postarrest pr emiranda silence B. holding that impeachment by use of prearrest silence does not violate fifth or fourteenth amendments C. holding that state constitution prohibits substantive use of prearrest silence D. holding that substantive use of prearrest silence is contrary to fifth amendment E. holding that the government can use prearrest silence for impeachment purposes against a defendant because no government action induced the silence

assistant: The best answer is E. holding that the government can use prearrest silence for impeachment purposes against a defendant because no government action induced the silence
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: Pledgor will upon demand pay to Lender the amount of any and all reasonable expenses, including the reasonable fees and expenses of its counsel and of any experts and agents, which Lender may incur in connection with (a) the exercise or enforcement of any of the rights of Lender hereunder, or (b) the failure by Pledgor to perform or observe any of the provisions hereof.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 409 U.S. 36 93 S.Ct. 29 34 L.Ed.2d 42 ILLINOISv.MICHIGAN. No. 57, Orig. Oct. 24, 1972. PER CURIAM. 1 The State of Illinois moved to file its bill of complaint in this case on the theory that a 'reciprocal treaty' between the States of Illinois and Michigan was violated by a decision of the Supreme Court of the State of Michigan which allowed recovery by two injured workmen against and Illinois re-insurance company. Federoff v. Ewing, 386 Mich. 474, 192 N.W.2d 242 (1971). It claims that such an agreement arose when the two States enacted the Uniform Insurers Liquidation Act, which contains certain reciprocal features, and that the agreement has the dignity of an interstate compact.* 2 The State of Illinois was a party to the case decided by the Supreme Court of Michigan through the person of the Director of Insurance of the State of Illinois, who was the liquidator of the workmen's compensation insurer, Highway Insurance Co. It was the imposition of liability upon that company's re-insurer which Illinois claims was inappropriate under the uniform act. Review of the Michigan decision should have been sought in that case by means of a petition for writ of certiorari. 3 It is now too late for any such petition for certiorari to be filed. But original jurisdiction of the Court is not an alternative to the redress of grievances which could have been sought in the normal appellate process, if the remedy had been timely sought. 4 The problem presented is essentially one between private litigants and, though the point now raised may not have been presented in the Michigan litigation, these controversies are recurring and essentially not state concerns. 5 While the complaint on its face is within our original, as well as our exclusive, jurisdiction, it seems apparent from the moving papers and the response that Illinois, though nominally a party, is here 'in vindication of the grievances of particular individuals.' Louisiana v. Texas, 176 U.S. 1, 16, 20 S.Ct. 251, 256, 44 L.Ed. 347. 6 The motions to file briefs amici curiae by Jack Federoff, William F. Ewing d/b/a William Ewing Roofing Co., and John H. Shannon are granted. 7 The motion of the State of Illinois for leave to file a bill of complaint is denied. * See generally Frankfurter & Landis, The Compact Clause of the Constitution—a Study in Interstate Adjustments, 34 Yale L.J. 685 (1925); Engdahl, Characterization of Interstate Arrangements: When is a Compact not a Compact?, 64 Mich.L.Rev. 63 (1965); Note, At the Intersection of Jurisdiction and Choice of Law, 59 Calif.L.Rev. 1514 (1971).

assistant: 9
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: Upon the termination of the Security Agreement in accordance with Section 6.11 thereof, the Collateral Agent shall, at the expense of such Grantor, execute, acknowledge, and deliver to the Grantors an instrument in writing in recordable form releasing the lien on and security interest in the Copyrights under this Copyright Security Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you understand that while you may `` earn '' `` buy '' or `` purchase '' virtual items in our services , you do not legally `` own '' the virtual items and the amounts of any virtual item do not refer to any credit balance of real currency or its equivalent .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice required or permitted hereunder shall be given in writing and shall be deemed effectively given upon, (a) by personal delivery or telecopy, or (ii) one business day after deposit with a nationally recognized overnight delivery service such as Federal Express, with postage and fees prepaid, addressed to each of the other parties thereunto entitled at the following addresses, or at such other addresses as a party may designate by written notice to each of the other parties hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Employer will continue to employ Employee as its Senior Vice President, Chief Financial Officer & Treasurer through June 3, 2016 (the “Transition Date”). Thereafter through the Termination Date (as hereinafter defined), Employee shall remain an employee of Employer and certain subsidiaries in order to provide Employer transition assistance (the “Transition”), but not serve as Senior Vice President, Chief Financial Officer & Treasurer or otherwise as an officer of Employer or make any policy making decisions on behalf of Employer. During the Transition, Employee shall serve on a reduced work schedule; however, the parties anticipate that the level of services performed by Employee during the Transition will not permit such reduced work schedule to constitute a constructive “separation from service” as defined under Section 409A of the Internal Revenue Code of 1986, as amended, and the regulations and guidance promulgated thereunder, in particular Treas. Reg. Section 1.409A-1(h)(1)(ii) (collectively, “Section 409A”). As such, no benefits otherwise payable under any program maintained by the Employer which are subject to Section 409A and which are triggered by a “separation from service” will commence prior to the expiration of the Transition.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS APPLICABLE, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 9.11.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Without duplication of any obligation of Borrower under Section 10.2 or 10.3, in addition to amounts payable as provided herein, Borrower hereby agrees to protect, indemnify, pay and save harmless Issuing Bank from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable and documented fees, expenses and disbursements of counsel and allocated costs of internal counsel) which Issuing Bank may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit by Issuing Bank, other than as a result of (1) the gross negligence or willful misconduct of Issuing Bank or (2) the wrongful dishonor by Issuing Bank of a proper demand for payment made under any Letter of Credit issued by it, or (ii) the failure of Issuing Bank to honor a drawing under any such Letter of Credit as a result of any Governmental Act.

assistant: Indemnifications
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 Section 3.9(b), this Agreement may be amended, modified, or waived only by the prior written consent of the Managing Member and Members holding a majority of the Common Units (other than those held by the Managing Member); provided , that if any such amendment, modification or waiver would affect in any material and adverse way any Member disproportionately to any other Member similarly situated, such amendment, modification or waiver shall also require the written consent of the Members so materially and adversely affected. Notwithstanding the foregoing, any amendment that would require any Unitholder to contribute or loan additional funds to the Company or impose personal liability upon any Unitholder shall not be effective against such Unitholder without its written consent.

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: provisions. Given the defendants’ conduct to date, the court is unpersuaded that CIG-NA/CGLIC should be given another opportunity to retroactively re-consider Ms. Dorris’s ongoing disability status as it existed over the past three years. The defendants have already received the benefit of one remand to reevaluate Ms. Dorris’s claim, and it took them over six months to issue a ruling — surpassing by several months the time period allowed by law to review an entire ERISA appeal, much less a single seven-page SSDI document. See C.F.R. § 2560.503-1. Moreover, the ruling came only after Ms. Dorris filed a motion to reinstate this action with this court. Further remands are not appropriate under these circumstances. Cf. Williams v. Int’l Paper Co., 227 F.3d 706, 715-16 (6th Cir.2000)(<HOLDING>). There is sufficient uncontroverted evidence Options: A. holding that it is appropriate to remand to the plan administrator when the administrative record is incomplete B. holding that a remand need not be ordered despite legal errors if remand would be futile C. holding that plan administrator acted arbitrarily and capriciously when it failed to consider additional medical evidence submitted by plaintiff and that it was appropriate for the court to retroactively grant disability benefits without remanding the case where there are no factual determinations to be made and a remand would be futile D. holding that retransfer to district court would be futile where district court determined it was without jurisdiction to hear plaintiffs claim E. holding that district courts order remanding an erisa benefits determination to a plan administrator was nonfinal and therefore not appealable after the remand to plan administrator plan participant still could appeal the district courts decision that erisa preempted her state law claim and if successful she would be able to pursue punitive damage

assistant: The best answer is C. holding that plan administrator acted arbitrarily and capriciously when it failed to consider additional medical evidence submitted by plaintiff and that it was appropriate for the court to retroactively grant disability benefits without remanding the case where there are no factual determinations to be made and a remand would be futile
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: therefore properly denied Chen’s applications for asylum, withholding of removal, and CAT relief insofar as they were based on his sexual orientation. See Paul v. Gonzales, 444 F.3d 148, 156 (2d Cir.2006). Substantial evidence also supports the agency’s denial of Chen’s application for CAT relief based on his claim of a likelihood of torture for having departed China illegally. Notwithstanding generalized evidence indicating that torture occurs in Chinese prisons, an applicant cannot demonstrate that he is more likely than not to be tortured “based solely on the fact that []he is part of the large class of persons who have left China illegally.” Mu Xiang Lin v. U.S. Dep’t of Justice, 432 F.3d 156, 159-60 (2d Cir.2005); see also Pierre v. Gonzales, 502 F.3d 109, 118-19 (2d Cir.2007) (<HOLDING>). Because Chen provided no basis for the agency Options: A. holding that pain and suffering does not survive the death of the injured B. holding that beyond evidence of inhumane prison conditions a cat claimant must provide some evidence that the authorities act with the specific intent to inflict severe physical or mental pain or suffering on those detained C. recognizing as an element of pain and suffering D. holding that detention in squalid overcrowded cells without adequate food water sanitation exercise or medical treatment in haitian prisons does not constitute torture under cat because there is no evidence that haitian authorities have the specific intent to inflict pain or suffering E. recognizing as separate from pain and suffering

assistant: The best answer is B. holding that beyond evidence of inhumane prison conditions a cat claimant must provide some evidence that the authorities act with the specific intent to inflict severe physical or mental pain or suffering on those detained
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, the Merger Agreement and the other documents delivered pursuant to the Merger Agreement, including the Lock-Up Agreements, constitute the full and entire understanding and agreement among the parties hereto with regard to the subjects of this Agreement and such other agreements and documents.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: that means we may add or remove features , products , or functionalities , and we may also suspend or stop the services altogether .

assistant: Unilateral change, Unilateral termination
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: in the face of such general awareness, eBay took significant steps to prevent counterfeiting by developing the VeRO Program, which seeks to remove individually infringing listings. Moreover, the record reveals that when eBay became aware, through its VeRO Program, of Tiffany’s good-faith belief that a listing was infringing, it investigated and removed that listing from its website. Were Tiffany to prevail in its argument that eBay was willfully blind, the “reason to know” standard of the Inwood test would be inflated into an affirmative duty to take precautions against potential counterfeiters, even when eBay had no specific knowledge of the individual counterfeiters. The law explicitly precludes such an expansion of the “reason to know” standard. See Hard Rock Cafe, 955 F.2d at 1149 (<HOLDING>); Hendrickson, 165 F.Supp.2d at 1095 (holding Options: A. holding that police officers have no affirmative duty to search out favorable evidence for the defendant B. holding where there is no duty to defend there is no duty to indemnify C. holding that there is no independent duty to test and even if there were it would be completely speculative as to what the consequences would be of any purported failure to fulfill this supposed duty D. holding that there is no affirmative duty to take precautions against the sale of counterfeits although the reason to know part of the standard for contributory liability requires defendant to understand what a reasonably prudent person would understand it does not impose any duty to seek out and prevent violations E. holding that the state has no affirmative duty to seek out and gain possession of potentially exculpatory evidence

assistant: The best answer is D. holding that there is no affirmative duty to take precautions against the sale of counterfeits although the reason to know part of the standard for contributory liability requires defendant to understand what a reasonably prudent person would understand it does not impose any duty to seek out and prevent violations
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: only by his third argument. I District courts have broad discretion to award restitution. State v. Tenerelli, 598 N.W.2d 668, 671 (Minn.1999). We therefore review the district court’s decision for abuse of discretion. State v. Nelson, 796 N.W.2d 343, 346 (Minn.App.2011). Miller first argues that the district court abused its discretion by ordering restitution because the state failed to prove that he is directly responsible for Montplaisir’s injuries. Crime victims are entitled to restitution for losses they incur from the crime. Minn.Stat. § 611A.04, subd. 1(a) (2012); State v. Latimer, 604 N.W.2d 103, 105 (Minn.App.1999). The district, court “shall consider ... the amount of economic loss sustained by the victim as a result of the offense; and ... the income, resources .1996) (<HOLDING>), review denied (Minn. Oct. 15, 1996), with Options: A. holding restitution for losses directly attributable to victims murder improper against defendant who helped conceal murder afterwards but otherwise took no part in it B. holding restitution improper when awarded to homeowner for property damage caused by convicted murderer during random target practice earlier in day of murder C. holding that a landowner who lost a strip of property to a highway widening project could not recover losses caused by concurrent placement of a median strip because when less than the entire property is taken compensation for damage to the remainder can be awarded only if such damage is caused by the taking and cjonstruction of the median not the taking caused the alleged damage D. holding that restitution is proper for victims losses that are directly caused by appellants conduct for which he was convicted E. holding that restitution for lost income in property cases was improper under the plain language of the statute because restitution for lost income is authorized only for victims of bodily injury

assistant: The best answer is B. holding restitution improper when awarded to homeowner for property damage caused by convicted murderer during random target practice earlier in day of murder
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 Loan Parties and each of their Subsidiaries have filed all federal, material state and other material tax returns and reports required to be filed (after giving effect to any extensions), and have paid all material federal, material state and other material taxes, assessments, fees and other material governmental charges levied or imposed upon them or their properties, income or assets otherwise due and payable, except those payments which are being contested in good faith by appropriate proceedings diligently conducted and for which adequate reserves have been provided in accordance with GAAP. There is no proposed tax assessment against any Loan Party or any Subsidiary that would, if made, have a Material Adverse Effect. Neither any Loan Party nor any Subsidiary is party to any tax sharing 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 case excerpt and choose the best holding from the options. Case excerpt: upon the relationship, if any, between the two debts. Additionally, the July 2000 notice of this debt was sent before the Secretary had taken any action with regard to Mrs. Edwards’ May 2000 submissions. Nevertheless, the Secretary treated the $2,366 and $12,347 overpay-ments as separate matters throughout the proceedings. In this case, whether Mrs. Edwards’ May 2000 submissions could be considered a waiver request of both debts becomes relevant if, and only if, the May 2000 submissions, individually or collectively, are deemed to be a request for waiver. Thus, this issue is interrelated with the matter being remanded. Under these circumstances, the matter will be remanded for consideration by the Board in the first instance. See Maggitt v. West, 202 F.3d 1370, 1377-78 (Fed.Cir.2000) (<HOLDING>). III. REMAND On remand, Mrs. Edwards may Options: A. holding that this court has discretion to hear arguments presented to it in the first instance provided that it otherwise has jurisdiction over the claim B. holding arguments not raised on appeal waived C. holding that an issue not raised in the trial court cannot be raised for the first time on appeal D. holding that this court lacked jurisdiction to hear a cue claim raised for the first time on appeal E. holding that the court has discretion to hear or to remand legal arguments raised for the first time on appeal

assistant: The best answer is E. holding that the court has discretion to hear or to remand legal arguments raised for the first time on appeal
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: claims to go forward against the Division. It is for a jury to determine, under appropriate instruction of law, whether a special duty arises to protect the Appellant from the Division’s alleged negligence. We, therefore, reverse the decision of the circuit court and remand this case for reinstatement of the Appellant’s claims based upon the allegations of a special relationship and a special duty. J.H., 224 W.Va. at 158-59, 680 S.E.2d at 403-04 (internal quotations and citations omitted). Clearly the decision in J.H. recognizes a claim may be maintained against the State under the special relationship exception. Therefore it was legally wrong for the majority opinion to suggest otherwise. See McCormick v. West Virginia Dep’t of Pub. Safety, 202 W.Va. 189, 503 S.E.2d 502 (1998) (<HOLDING>). Based upon the foregoing, I dissent. 1 . The Options: A. holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination B. holding that a jury could find that the department of corrections owed a duty to a social worker killed in her apartment by an inmate she once counseled in a prison C. holding that an inmate has no right to any particular prison job but prison officials cannot discriminate against him on the basis of his race in work assignments D. holding that an inmate stated a claim under the due process clause when guards had placed her in a cell with a dangerous inmate E. holding that a corrections officers failure to intervene in a beating can be a basis of liability for an eighth amendment violation under 1983 if the corrections officer had a reasonable opportunity to do so

assistant: The best answer is B. holding that a jury could find that the department of corrections owed a duty to a social worker killed in her apartment by an inmate she once counseled in a prison
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 law enforcement over some three months before Pradubsri’s vehicle was located and stopped. However, given that the informant’s identity was known to law enforcement and she had a history of providing reliable information, Finch was justified in making the stop once he saw Pradubsri driving a vehicle matching the informant’s description in the small, identified area at a time when the informant had reported drugs and two specified weapons would very likely be in the vehicle. See Adams v. Williams, 407 U.S. 143, 146-47, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972) (stating an unverified tip from a known informant may not have been sufficient to establish probable cause but carried enough indi-cia of reliability to justify a forcible stop and frisk); Rogers, 368 S.C. at 535, 629 S.E.2d at 682 (<HOLDING>); Florida v. J.L., 529 U.S. 266, 276, 120 S.Ct. Options: A. holding that receiving conflicting stories from the driver and passenger of a stopped car about their travel gave the officer reasonable suspicion to extend the terry stop B. holding reasonable suspicion existed when a police officer stopped a vehicle after receiving information from a known and accountable informant whose reputation could be assessed C. holding affidavit insufficient when it failed to state when affiant received information from informant when informant obtained information or when described incident took place D. holding that officer had reasonable suspicion to stop a vehicle when confidential informant personally observed the vehicle provided a description of the vehicle and its direction detailed the basis for her suspicion that the vehicle was engaged in illegal activity and had previously given reliable information that led to the successful apprehension of individuals engaged in various criminal activity E. holding that information from confidential informant was reliable and credible where affidavit referred to previous instances in which informant provided correct information to police affiants own investigation and controlled buy of contraband confirmed information and second informant supplied same information to police

assistant: The best answer is B. holding reasonable suspicion existed when a police officer stopped a vehicle after receiving information from a known and accountable informant whose reputation could be assessed
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: 2 . This determination is also called a “Statutory Notice of Deficiency.” 3 . Accordingly, this Court does not reach Petitioners’ additional arguments in their petition to quash. 4 . Petitioners also filed the identical sur-reply a week later. (R. 40.) 5 . In fact, Greisman, as a third party to the IRS's investigation of Petitioners, may deserve even greater protection against a burdensome summons. See United States v. Bisceglia, 420 U.S. 141, 157, 95 S.Ct. 915, 43 L.Ed.2d 88 (1975) (Stewart, J., Douglas, J. dissenting) (stating that "federal courts have always scrutinized with particular care any IRS summons directed to a 'third party,’ i.e., to a party other than the taxpayer under investigation.”); see also United States v. Monumental Life Ins. Co., 440 F.3d 729, 735 (6th Cir.2006) (<HOLDING>). 6 . In its in camera filing, the government Options: A. holding that third party to irss investigation deserved greater protection against burdensome summons B. holding defendant assumed risk that third party would consent to search of storage locker where defendant instructed third party to rent locker under third partys name and allowed third party to keep possession of lease papers and to occasionally retain the keys C. holding principal liable to third party for tort of agent despite lack of privity between principal and third party D. holding that a third party holding legal title to property is a necessary party in an action for equitable distribution E. holding that a third party has authority to consent to a search if the third party is a coinhabitant

assistant: The best answer is A. holding that third party to irss investigation deserved greater protection against burdensome summons
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: To the extent required pursuant to the securitization program of any Conduit Purchaser, the parties to this Agreement: (i) shall not, without obtaining a confirmation of the then-current rating of the Notes of such Conduit Purchaser, waive any of the representations set forth in this Section 3 ; (ii) shall provide the Ratings Agencies with prompt written notice of any breach of any representations set forth in this Section 3 , and shall not, without obtaining a confirmation of the then-current rating of such Notes (as determined after any adjustment or withdrawal of the ratings following notice of such breach) waive a breach of any of the representations set forth in this Section 3 .

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 case excerpt and choose the best holding from the options. Case excerpt: order that Plaintiff make substantial additional tenant improvements. Id. at 25. The CDA does not require a plaintiff to wait until it has suffered quantifiable monetary damages before initiating a nonmonetary suit. Id. (citing Todd Constr., L.P. v. United States, 85 Fed.Cl. 34, 41 (2008)). Therefore, this ease is ripe for declaratory relief, as “it involves a live dispute involving a fundamental question of contract interpretation regarding the [Plaintiffs] obligation to perform.” PI. Opp. at 26. In fact, the United States Court of Appeals for the Federal Circuit has recognized that a declaratory judgment is “particularly appropriate” when a contractor is objecting to whether it is obligated to perform. Alliant Techsystems, Inc. v. United States, 178 F.3d 1260, 1271-72 (Fed.Cir.1999) (<HOLDING>). Likewise, declaratory relief is appropriate Options: A. holding that the united states court of federal claims did not abuse its discretion by entering declaratory relief where the plaintiff asserted that it had no contractual obligations to perform at all B. holding that the district court did not abuse its discretion in its ruling whether to proceed with a declaratory judgment action C. holding when constitutional claims are premised on the notion that the united states has some contractual obligation to the plaintiff that it has failed to satisfy the claims are contractually based and must be heard in the court of federal claims D. holding that a district court retained supplemental jurisdiction over the plaintiffs statelaw claims after dismissing the plaintiffs federal claims and did not abuse its discretion by declining to remand the case to state court E. holding that the united states court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute

assistant: The best answer is A. holding that the united states court of federal claims did not abuse its discretion by entering declaratory relief where the plaintiff asserted that it had no contractual obligations to perform at all
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, and will not permit any of its Restricted Subsidiaries to, enter into any arrangement with any Person (other than the Borrower or a Restricted Subsidiary) providing for the leasing by the Borrower or any Restricted Subsidiary of real or personal property that has been or is to be sold or transferred by the Borrower or any Restricted Subsidiary to such Person or to any other Person to whom funds have been or are to be advanced by such Person on the security of such property or rental obligations of the Borrower or any Restricted Subsidiary unless (i) the lease in such arrangement is a capital lease and such capital lease may be entered into at such time pursuant to Section 6.01 and 6.02 or (ii) the lease in such arrangement is not a capital lease and the aggregate proceeds from such arrangement and other such arrangements since the Closing Date do not exceed the greater of $15,000,000 and 3.0% of Consolidated EBITDA after giving effect thereto on a pro forma basis for the then most recently ended Test Period for which financial statements have been delivered pursuant to Section 5.01(a) or (b).

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 legal provision and list the applicable contract clause categories. Provision: To the extent that any Agent is not reimbursed and indemnified by any Loan Party, and whether or not such Agent has made demand on any Loan Party for the same, the Lenders will, within five days of written demand by such Agent, reimburse such Agent for and indemnify such Agent from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including, without limitation, client charges and expenses of counsel or any other advisor to such Agent), advances or disbursements of any kind or nature whatsoever which may be imposed on, incurred by, or asserted against such Agent in any way relating to or arising out of this Agreement or any of the other Loan Documents or any action taken or omitted by such Agent under this Agreement or any of the other Loan Documents, in proportion to each Lender's Pro Rata Share, including, without limitation, advances and disbursements made pursuant to Section 10.08; provided , however , that no Lender shall be liable for any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses, advances or disbursements for which there has been a final non-appealable judicial determination by a court of competent jurisdiction that such liability resulted from such Agent's gross negligence or willful misconduct. The obligations of the Lenders under this Section 10.05 shall survive the payment in full of the Loans and the termination of this Agreement.

assistant: Indemnifications
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: reiterate that "[a]llowing only interlocutory appeals of orders denying arbitration ... allow[s] arbitration to proceed [ ] without unnecessary delay.” (Citing Gepaya v. State Farm Mut. Auto. Ins. Co., 94 Ha-wai'i 362, 365, 14 P.3d 1043, 1046 (2000).) 24 . The ICA reached the same conclusion in Pi-cardy, holding that “HRS § 641-1 provides additional authority for appeals, authorizing appeals to the [ICA] from final judgments, orders, or decrees." 2009 WL 4988294 at *1. 25 . The UAA appeals section is virtually identical to the RUAA appeals section. The UAA section governing appeals provides as follows: § 19 Appeals. (a) An appeal may be taken from: (1) An order denying a motion to compel arbitration made under Section 2; (2) An order granting a [motion] to st S.W.2d 713 (Ky.App.1988) (<HOLDING>); Maleski v. Mutual Fire, Marine, and Inland Options: A. holding that an order compelling arbitration in an independent proceeding is appealable as a final order because in that context the order compelling arbitration resolves the sole issue before the court B. holding that it is not C. holding that an order compelling arbitration is not appealable because it is not listed in the uaa statute and because it is not final D. holding that orders compelling arbitration are not appealable not because of the uaa appeals provision but because it has been definitely settled by the supreme court of this state that an order compelling arbitration is not final and therefore is not appealable E. holding that an order granting a motion or application to compel arbitration is nonappealable because it is not listed in the uaa arbitration provision and because it is not a final order

assistant: The best answer is C. holding that an order compelling arbitration is not appealable because it is not listed in the uaa statute and because it is not final
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Note will be governed by and construed in accordance with the laws of the State of Ohio, without regard to principles of conflict of laws. The several captions to different Sections of this Agreement are inserted for convenience only and shall be ignored in interpreting the provisions hereof.

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 case excerpt and choose the best holding from the options. Case excerpt: copy of Morris D. Murphy's driving record as maintained by the Secretary of State, as of this date. Although the last paragraph in the certificate referred to an attached copy of Murphy’s driving record, no other document was attached to the certificate. However, a third exhibit, a copy of the letter entitled “Notice of Suspension and Opportunity for Hearing” was also admitted in evidence over Murphy’s objection. 3 . The notice of suspension in the certification stated: "[N]otice of suspension was sent by regular mail to Richard E. Tayman, Jr. ... by the Violations Bureau of the District Court, pursuant to 29-A MRSA Section 2608.” State v. Tayman, 2008 ME 177, ¶ 3, 960 A.2d 1151, 1153 (quotation marks omitted). 4 . See also State v. Knight, 2009 ME 32, ¶¶ 4, 10, 967 A.2d 723, 724, 725 (<HOLDING>). 5 .Cf. State v. Francis, 610 A.2d 743, 745 Options: A. holding that admission of evidence in violation of confrontation clause was harmless because it did not relate to the contested issue before jury B. holding that admission of business records does not violate the confrontation clause under roberts C. holding that hearsay argument for admission of evidence did not preserve confrontation clause challenge on appeal argument could have referred either to rules of evidence or confrontation clause but failed to identify confrontation clause as basis and thus did not put trial court on notice of issue D. holding that the admission of prior testimony that had been subjected to crossexamination violated the confrontation clause because the state did not prove that the witness was unavailable E. holding that the admission in evidence of a certifying document from the secretary of state that its history records indicated that notice of suspension was sent by regular mail to the defendant did not violate the confrontation clause

assistant: The best answer is E. holding that the admission in evidence of a certifying document from the secretary of state that its history records indicated that notice of suspension was sent by regular mail to the defendant did not violate the confrontation clause
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: 13.2 you acknowledge and agree that any third-party product information and pricing that is shown on the skype websites regarding third-party products and services is given to skype by the applicable third-party merchant ( `` merchant '' ) .

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: The Borrowers shall pay (i) any amendment fees payable to each Consenting Lender, in each case on the Amendment No. 2 Effective Date and (ii) all expenses (including the reasonable fees, disbursements and other charges of Cahill Gordon & Reindel LLP , counsel for the Administrative Agent) for which invoices have been presented on or prior to the Amendment No. 2 Effective Date shall have been paid.

assistant: Fees
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: Grantor shall maintain or cause to be maintained, insurance with respect to the Trust Estate in accordance the Credit Agreement , provided, however, that Grantor shall not be required to obtain hazard insurance coverage against risks to improvements in an amount exceeding the replacement value of the improvements . Grantor shall purchase a Federal Emergency Management Agency Standard Flood Hazard Determination Form for the Trust Estate , and if any portion of the Improvements is located in an area identified as a special flood hazard area by the Federal Emergency Management Agency or other applicable agency, then Grantor shall maintain, or cause to be maintained, flood insurance in an amount as required by law and reasonably satisfactory to Beneficiary and in no event less than the maximum limit of coverage available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended from time to time.

assistant: Insurances