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: has Plaintiff pointed to any evidence which suggests that, for promotions, African-Americans are disproportionately affected when compared to other racial groups. See Pottenger v. Potlatch Corp., 329 F.3d 740, 749 (9th Cir.2003) (“Summary judgment is appropriate when statistics do not support a disparate impact analysis”); see also Lawrence v. Dep’t of Interior, 525 F.3d 916, 921 (9th Cir.2008) (affirming grant of summary judgment in favor of the employer on a disparate impact claim, stating that plaintiff “presented evidence that the BIA’s policy affected some Indian employees, but he presented no evidence that the failure to provide actual and timely notice disproportionately affected Indians more than other racial groups.”); Paige v. California, 291 F.3d 1141, 1145 (9th Cir.2002) (<HOLDING>) (internal quotation marks omitted). In Options: A. recognizing that a showing of scope of employment is unnecessary under a negligent hiring theory B. holding that language in employee handbook stating that it was not to be considered as creating terms and conditions of an employment contract and that the employment relationship was employment atwill was sufficiently explicit to preclude the creation of implied contractual obligations as a matter of law C. recognizing that sjtatistical evidence is used to demonstrate how a particular employment practice causes a protected minority group to be under represented in a specific area of employment for example hiring or promotion and stating that the statistical analysis must show a disparity that is sufficiently substantial D. holding that plaintiffs evidence of statistical disparities in hiring promotion and compensation was sufficient to support claim of intentional discrimination where the employment decisions were based on completely subjective criteria E. holding that a plaintiff must demonstrate that it is the application of a specific or particular employment practice that has created the disparate impact under attack

assistant: The best answer is C. recognizing that sjtatistical evidence is used to demonstrate how a particular employment practice causes a protected minority group to be under represented in a specific area of employment for example hiring or promotion and stating that the statistical analysis must show a disparity that is sufficiently substantial
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 such Purchaser of the transactions contemplated by this Agreement have been duly authorized by all necessary corporate or similar action on the part of such Purchaser. Each Transaction Document to which it is a party has been duly executed by such Purchaser, and when delivered by such Purchaser in accordance with the terms hereof, will constitute the valid and legally binding obligation of such Purchaser, enforceable against it in accordance with its terms, except (i) as limited by general equitable principles and applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors’ rights generally; (ii) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies; and (iii) insofar as indemnification and contribution provisions may be limited by applicable law.

assistant: Authority
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: here because Cantrell did not have a full and fair opportunity to litigate. Moreover, as explained below, the state court complaint did not sufficiently allege for collateral estoppel purposes that Cantrell was a fiduciary for purposes of § 523(a)(4). Consequently, the state court default judgment could not possibly have decided, implicitly or otherwise, that Cantrell breached any fiduciary duty within the meaning of § 523(a)(4). 5 . Citing Rule 8006, the CMI Plaintiffs contend that Cantrell is barred from raising on appeal the issue of whether the default judgment is entitled to collateral estoppel effect because that issue was not identified in Cantrell’s statement of issues on appeal. We disagree. See In re Bishop, Baldwin, Rewald, Dillingham & Wong, 104 F.3d 1147 (9th Cir.1997) (<HOLDING>). 6 . In their summary judgment motion, the CMI Options: A. holding that the failure to raise an issue in the opening brief waives the issue B. holding that failure to raise an issue in an opening brief waives that issue C. holding that failure to include an issue in statement of issues did not bar the appellant from raising the issue in its opening brief D. holding that appellant waived the issue on appeal by not raising it in its opening brief even though the lower courts decision was based on that point E. holding that a partys failure to raise an issue in the opening brief waived the issue even though the party raised the issue in his reply brief

assistant: The best answer is C. holding that failure to include an issue in statement of issues did not bar the appellant from raising the issue in its opening brief
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of erroneous deprivation of provider status is also quite manageable.” Northlake Community Hosp., 654 F.2d at 1242. A termination decision is well-documented and typically is based on survey reports from unbiased health professionals who apply well-defined criteria developed, through the administrative process; the provider has the opportunity to submit written material in response to the survey findings so that a hearing likely is not necessary for the provider to present its position. See id. (relying 98 L.Ed.2d 968 (1988); Ritter v. Cohen, 797 F.2d 119, 123 (3d Cir.1986) (concluding that a physician faced with termination of participation in the Medicaid program is not entitled to a pre-termination hearing under Eldridge); Geriatrics, Inc. v. Harris, 640 F.2d 262, 265 (10th Cir.) (<HOLDING>), cert. denied, 454 U.S. 832, 102 S.Ct. 129, 70 Options: A. holding that a nursing home participating in the medicaid program is not entitled to a pretermination hearing B. holding that a physician is not entitled to a formal hearing before being suspended from the medicare program under eldridge C. holding that due process does not require the state to provide an impartial decisionmaker at the pretermination hearing where posttermination remedies are available D. holding physician not entitled to hearing prior to termination in a medicare program under eldridge E. holding that a limited pretermination hearing was sufficient where it was followed by a more comprehensive posttermination hearing

assistant: The best answer is A. holding that a nursing home participating in the medicaid program is not entitled to a pretermination hearing
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All indemnities contained in this Agreement shall survive the termination hereof. In addition, the obligation to pay any deficiency, as well as the obligation for any and all other payments by Lessee to Lessor hereunder shall survive the termination of this Agreement or the lease contained herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at 671. 31 5 USC 552(b)(6) exempts “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy 32 493 US 182; 110 S Ct 577; 107 L Ed 2d 571 (1990). 33 Id. at 200-201. 34 Id. 35 MCL 15.232(c); MSA 14.1801(2)(c); Swickard, n 14 supra at 544. 36 Tobin, n 2 supra at 668-669. 37 Albro v Allen, 434 Mich 271, 286; 454 NW2d 85 (1990). 38 Swickard, n 14 supra at 556. 39 MCL 15.243(l)(a); MSA 4.1801(13)(l)(a). 40 MCL 15.232(c); MSA 4.1801(2)(c). 41 401 Mich 80, 95; 257 NW2d 522 (1977). 42 MCL 15.243(l)(a); MSA 4.1801(13)(l)(a); Swickard, n 14 supra at 546-547; State Employees Ass’n v Dep’t of Management & Budget, 428 Mich 104, 123; 404 NW2d 606 (1987); Kestenbaum, n 20 supra at 528, n 7. 43 See Booth, n 5 supra at 234 (<HOLDING>). 44 See Tobin, n 2 supra at 677-678. 45 Options: A. holding that apprendi does not apply retroactively B. holding that in a personal injury suit the timely notice requirement does not apply C. holding that title ii does not apply to the states D. holding that subsection 13la does not apply if the information is not of a personal nature E. holding that 1447c does not apply to counsel

assistant: The best answer is D. holding that subsection 13la does not apply if the information is not of a personal nature
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 REAFFIRMATION AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS REAFFIRMATION SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK, WITHOUT REGARD TO THE PRINCIPLES OF CONFLICTS OF LAWS (OTHER THAN SECTION 5‑1401 OF THE NEW YORK GENERAL OBLIGATIONS LAW).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: juvenile system prior to trial pursuant to Section 6322(a). These factors are listed in Section 6355(a)(4)(iii)(A) and address the issue of when a defendant is amenable to the juvenile system. The Juvenile Act also provides that in determining whether a juvenile’s case should be transferred from juvenile court for a criminal proceeding, the factors set forth in Section 6355(a)(4)(iii)(A) are to be applied. Applying the rules of statutory construction found in the Statutory Construction Act, we find that it was the legislature’s intent that the trial court would also utilize the factors set forth in Section 6355(a)(4)(iii)(A) in determining whether a juvenile is amenable to the juvenile system prior to sentencing. See In re Pittsburgh Beer Corp., 216 Pa.Super. 71, 260 A.2d 493 (1969) (<HOLDING>). To hold otherwise would render tiie Juvenile Options: A. holding that when a statutes terms are clear and unambiguous on their face there is no room for statutory construction and a court must apply the statute according to its literal meaning B. holding that the term shall is mandatory for purposes of statutory construction when the statute is unambiguous C. holding that a courts prior judicial construction of a statute trumps an agency construction otherwise entitled to chevron deference only if the prior court decision holds that its construction follows from the unambiguous terms of the statute and thus leaves no room for agency discretion D. recognizing that in the absence of a statutory definition statutory terms are construed in accordance with their ordinary or natural meaning E. holding that statutory construction act applies when statute does not define meaning of key terms

assistant: The best answer is E. holding that statutory construction act applies when statute does not define meaning of key terms
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: it is not probative enough to meet Todd’s burden of production that Montoya acted with deliberate indifference. See In re Air Crash Disaster, 86 F.3d 498, 528-29 (6th Cir.1996) (“Northwest’s rewiring of the CAWS is circumstantial evidence, if only of a weak and suspect sort, that the CAWS as it existed at the time of the accident was not foolproof.”). Even if the evidence is not technically with rule 407’s scope: (i) rule 407’s underlying concerns are persuasive when evaluating the probative value of the evidence; and (ii) the circumstances of Montoya’s resignation in light of the other evidence in the record make the inference of wrongdoing one can draw from his resignation a weak one. See Gray v. Hoffman-La Roche, Inc., 82 Fed.Appx. 639, 646-47 (10th Cir.2003) (unpublished)(<HOLDING>). It is the proverbial scintilla of evidence Options: A. recognizing that while the evidence at issue was admissible under rule 407 its probative value was minimal B. recognizing the probative value of objective and reliable hearsay evidence C. recognizing high probative value of evidence providing conduct that was part of the very act charged D. holding that inextricably intertwined evidence is intrinsic evidence that is admissible if its probative value outweighs the danger of prejudice E. recognizing that rule 608b prior bad acts evidence admissible as probative of truthfulness is subject to rule 403 balancing

assistant: The best answer is A. recognizing that while the evidence at issue was admissible under rule 407 its probative value was minimal
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) Grant . Subject to the provisions of this Award Agreement (this “Agreement”) and the provisions of the Assurant, Inc. 2017 Long Term Equity Incentive Plan (the “Plan”), the Company hereby grants to the Participant, as of July 18, 2018 (the “Grant Date”), a number of Restricted Stock Units (the “Restricted Stock Units”) equal to [ ________ ] (the “Target Award”), each with respect to one share of common stock of the Company, par value $0.01 per Share (“Common Stock”). All capitalized terms used herein, to the extent not defined, shall have the meaning set forth in the Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: IV hinges on our interpretation of the phrase “term of imprisonment.” This is an issue of first impression for this Court. If Defendant was serving a term of imprisonment at the federal temporary detention facility on August 30, 2007, when he was transferred pursuant to a detainer from federal custody to Gibson County and back to federal custody, then the anti-shuttling provision of Article IV was violated and dismissal of the indictment is required. A split of authority exists as to whether the IAD applies to a convicted and sentenced prisoner who is held in temporary custody pending a transfer to permanent incarceration. See Runck v. State, 497 N.W.2d 74, 81 (N.D.1993) (describing this split of authority and surveying cases from numerous jurisdictions that have reached dif 007) (<HOLDING>); People v. Helmstetter, 914 P.2d 474, 478 Options: A. holding that 3584a allows the district judge to specify the sequence of service of terms of imprisonment only when sentences are imposed at the same time or the other sentence is an undischarged term of imprisonment to which the defendant is already subject B. holding that limitation period begins to run at the time of the breach C. holding time begins when the prisoner knows the important facts not when the prisoner recognizes their legal significance D. holding that a term of imprisonment begins at the time a prisoner is sentenced E. holding that the term imprisonment means any imprisonment in a case involving the presumption of incarceration of njsa 2c441d

assistant: The best answer is D. holding that a term of imprisonment begins at the time a prisoner is sentenced
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: Tenant shall not, directly or indirectly, create or permit to be created or to remain and will promptly discharge, at its expense, any mortgage, lien, encumbrance or charge on, pledge of, or conditional sale or other title retention agreement with respect to the Premises or any part thereof or Tenant’s interest therein or the Fixed Rent or Additional Payments payable under this Lease, other than any mortgage, lien, encumbrance or other charge created by or resulting from any act of Landlord. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, expressed or implied, of any contractor, subcontractor, laborer, material man or vendor to or for the performance of any labor or services or the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Premises or any part thereof. Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding the Premises or any part thereof through or under Tenant, and no mechanics’ or other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in and to the Premises.

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 case excerpt and choose the best holding from the options. Case excerpt: bankruptcy court record, including the consolidated pre-trial order, the McFarlands’ proposed findings of fact and conclusions of law, and their post-trial, brief, shows that the McFarlands did not present the constructive trust arguments they raise on appeal to the bankruptcy court for resolution. (See Bankr. Dkt. Entries 43, 53, & 76). Nor did they make these arguments in their brief on appeal to. the district court. (See Dist. Dkt. Entry 6). Rather, they asserted throughout the underlying proceedings only that a resulting trust was established. Therefore, the McFarlands cannot now complain that the bankruptcy court failed to address whether a constructive trust was established, and we decline to consider these arguments for the first time on appeal. See In re Egidi, 571 F.3d at 1163 (<HOLDING>). In any case, the McFarlands’ arguments do not Options: A. holding that an argument not raised before the bankruptcy court will not be considered for the first time on appeal B. holding that court will not consider issue raised for first time on appeal C. holding that an issue raised for the first time on appeal will not be considered by this court D. holding that an argument raised for the first time in response to defendants motion to dismiss instead of in an amended complaint was not properly raised before the district court and would not be considered on appeal E. holding that issues raised for the first time on appeal will not be considered

assistant: The best answer is A. holding that an argument not raised before the bankruptcy court will not be considered 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 legal provision and list the applicable contract clause categories. Provision: If any change is made to the outstanding Common Stock or the capital structure of the Company, if required, the number of shares of Common Stock subject to the Award shall be adjusted or terminated in any manner as contemplated by Section 4.3 of the Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that if crime prevention were deemed a private motive, searches by private parties would never implicate the Fourth Amendment. Id. If an unwarranted search did occur — and there is no dispute that Brown’s copying was not pursuant to a warrant— our precedents establish that such a search would generally be unreasonable, absent an exception such as valid consent. See United States v. Ziegler, 474 F.3d 1184, 1191 (9th Cir.2007) (upholding search of employee’s workplace computer where employer gave consent). A third party with “common authority over or other sufficient relationship to the premises or effects sought to be inspected” may consent to a government search without the search violating the Fourth Amendment. Id.; see also United States v. Kim, 105 F.3d 1579, 1582 (9th Cir.1997) (<HOLDING>). Here, Brown testified at another trial that Options: A. 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 B. holding that when law enforcement officers obtain consent to search pursuant to apparent authority if the surrounding circumstances are such that a reasonable person would doubt that authority exists and not act upon the consent without further inquiry then the warrantless search without further inquiry is unlawful unless authority actually exists emphasis added C. holding that child residents had no actual or apparent authority to consent to search of mothers home D. holding consent was given involuntarily when a reasonable person would not have felt they had the choice to withhold consent to search E. holding that consent may be given by person with actual or apparent authority to do so and that defendant by authorizing associate to rent storage unit for defendant in associates name assumed the risk that associate would consent to a search of the unit

assistant: The best answer is E. holding that consent may be given by person with actual or apparent authority to do so and that defendant by authorizing associate to rent storage unit for defendant in associates name assumed the risk that associate would consent to a search of the unit
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: Since October 31, 2014, the Company has filed all SEC Reports on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Company has never been an issuer subject to Rule 144(i) under the Securities Act. The financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as to whether this error resulted in egregious harm under Almanza. See Trejo, 280 S.W.Bd at 261. The author of the concurring opinion in Teal expressly distinguished the situation in the case at hand from the situation in Teal. See Teal, 230 S.W.3d at 183-84. Therefore, the concurring opinion in Teal does not support the State’s argument that the charge error in this case did not result in egregious harm. We do not find any other information revealed by the record relevant to the egregious-harm analysis. Conclusion Having considered the factors set forth in Almanza, we hold appellant was egregiously harmed by the trial court’s submission of a charge authorizing the jury to convict appellant for an unindicted offense. See Daniels v. State, 754 S.W.2d 214, 222-23 (Tex.Crim.App.1988) (<HOLDING>); Woodard, 300 S.W.3d at 410-12 (same as Options: A. holding that error in omitting requisite mental state from application paragraph of charge did not result in egregious harm B. holding that charge error that allowed jury to convict appellant for an unindicted offense caused egregious harm C. holding jury charge error consisting of disjunctive submission of three separate sexual assault offenses without unanimity instruction caused egregious harm to defendant D. holding egregious harm standard applied where appellant failed to object to lack of instruction on accomplice witness testimony E. holding charge error which authorized jury to convict without finding every requisite element of the offense beyond a reasonable doubt was egregious based on the entirety of the charge the contested evidence and the arguments of counsel

assistant: The best answer is B. holding that charge error that allowed jury to convict appellant for an unindicted offense caused egregious harm
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: Guarantor shall (i) preserve and maintain its legal existence and all of its material rights, privileges, licenses and franchises necessary for the operation of its business; (ii) comply with any applicable Requirement of Law, rules, regulations and orders, whether now in effect or hereafter enacted or promulgated by any applicable Governmental Authority (including, without limitation, all Environmental Laws); (iii) maintain all licenses, permits or other approvals necessary for Guarantor to conduct its business and to perform its obligations under this Guaranty and the other Program Documents to which it is a party, and shall conduct its business in accordance with any applicable Requirement of Law; and (iv) keep adequate records and books of account, in which complete entries will be made in accordance with GAAP consistently applied.

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: affect rates. Giving deference to the Commission’s view about what is necessary for effective ratemaking in a competitive market, id. at 294, 830 P.2d at 815, we conclude that the Commission can permissibly require an Af fected Utility that chooses to transfer competitive assets to an affiliate to do so at a fair and reasonable price, as determined by the Commission. If such assets were transferred for an unfair price, the affiliate could gain an unfair advantage in the competitive market by being able to charge rates that are not needed to cover the cost of the assets. Thus, such a provision is aimed at controlling rates rather than controlling the Affected Utilities and is therefore permissible. Id. at 297, 830 P.2d at 818; cf. US West I, 197 Ariz. at 24, ¶ 31, 3 P.3d at 944 (<HOLDING>). ¶ 66 However, we fail to understand, and Options: A. holding that even when there is a conflict of evidence before the commission and the evidence was such that the commission could have reasonably reached a contrary decision the commissions decision was not arbitrary and capricious B. holding rule requiring companies to seek commission approval to discontinue or abandon competitive services implicates ratemaking because the decision can affect profit and loss which affects rates C. holding that the legislature granted exclusive authority over ratemaking to the public service commission D. holding that because gertrude sought damages for 1 the decline in the delps net worth based on the loss of their interests in the nuway companies 2 billys lost earning capacity 3 billys credit reputation and 4 mental anguish and she and her husband obtained the nuway companies during the marriage and managed them together the economic loss attributable to the loss of their interests in those companies was an injury to jointlymanaged community assets E. holding that the commission exercises substantial discretion in selecting the appropriate ratemaking methodology and this is especially true where as here the issues involve complex factual determinations peculiarly within the expertise of the commission

assistant: The best answer is B. holding rule requiring companies to seek commission approval to discontinue or abandon competitive services implicates ratemaking because the decision can affect profit and loss which affects rates
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 Company shall indemnify, defend, and hold harmless the Member (including its members, officers, directors, agents, employees, and affiliates) to the fullest extent permitted under the Act against any and all liability, damage, loss, cost, or expense (including, without limitation, attorneys’ fees) incurred by the Member arising out of any transaction or course of conduct relating to the business and affairs of the Company.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 7.4.2 hosts and co-hosts may agree on a fee ( `` co-host services fee '' ) in consideration for the co-host services provided by the co-host .

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 342 U.S. 35 72 S.Ct. 11 96 L.Ed. 47 PALMER OIL CORP. et al.v.AMERADA PETROLEUM CORP. et al. FARWELL et al. v. AMERADA PETROLEUM CORP. et al. Nos. 301, 302. Decided Nov. 5, 1951. PER CURIAM. 1 The Court is advised that, on May 26, 1951, Laws 1951, p. 142, the Oklahoma Legislature repealed Okla.Stat. 1941, Cum. Supp. 1949, Tit. 52, §§ 286.1—286.17, the constitutionality of which is drawn in question by these appeals. The causes are therefore ordered continued for such period as will enable appellants with all convenient speed to secure in an appropriate state proceeding a determination as to the effect of this repeal on the matters raised in these appeals. 2 Causes continued.

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: All notices hereunder shall be in writing and shall be deemed given when sent by certified or registered mail, postage prepaid, return receipt requested, if to the Participant, to the address set forth on the cover sheet or at the most recent address shown on the records of the Company, and if to the Company, to the Company’s principal office, attention of the Corporate Secretary.

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 case excerpt and choose the best holding from the options. Case excerpt: as are inadvertent and unintentional, are not due to bad faith, do not impair the structure as a whole, and are remediable without doing material damage to other parts of the building in tearing down and reconstructing. Atkinson, 270 S.W. at 851. The rule of substantial performance is an equitable doctrine adopted to allow a contractor who has substantially completed a construction c tion precedent to a contractor’s right to bring a lawsuit on the contract. Id. Relying on Uhlir v. Golden Triangle Development Corporation, Solar argues that by agreeing substantial performance occurred, TA acknowledged that Solar was in “full compliance” with the contract and any express conditions to final payment did not have to be met. 763 S.W.2d 512, 515 (Tex.App.-Fort Worth 1988, writ denied) (<HOLDING>). Solar argues that TA may not expressly Options: A. holding that any constitutionally protected property interest employee had as a result of his employment contract has been satisfied by payment of full compensation including salary and benefits due under the contract B. holding that a party cannot claim damages for breach of contract unless he has shown his full compliance with the contract and is not acting in bad faith C. holding that a finding that a contract has been substantially completed is the legal equivalent of full compliance less any offsets for remediable defects D. holding that any constitutionally protected property interest an employee has as a result of his employment contract is satisfied by payment of the full compensation due under the contract E. holding that if plaintiff substantially performed its contractual obligations then it would be entitled to the payment due under the contract less the cost of any correction of defects in its performance even if it breached the contract

assistant: The best answer is C. holding that a finding that a contract has been substantially completed is the legal equivalent of full compliance less any offsets for remediable defects
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: Binding Effect. Executive understands that he has been selected for employment by the Company on the basis of his personal qualifications, experience and skills. Executive agrees, therefore, that he cannot assign all or any portion of his performance under this Agreement. Subject to the preceding two sentences, this Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, legal representatives, successors and assigns. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and assets of the Company, to expressly assume and agree in writing reasonably satisfactory to Executive to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. Failure of the Company to obtain such written agreement prior to the effectiveness of any such succession shall be a material breach of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and punitive damages in the settlement amount. We have the option to consider the Ellen-ders’ allocation argument to determine if it will support the court of appeals’ judgment denying Mobil a settlement credit or to remand the issue to the court of appeals. See First Baptist Church v. Bexar County Appraisal Review Bd., 833 S.W.2d 108, 111 (Tex.1992). To serve judicial economy, we choose to consider the allocation argument. A defendant cannot receive credit for settlement amounts representing punitive damages. See Tex. Civ. Prac. & Rem.Code § 33.002(c)(2) (“This chapter does not apply to ... a claim for exemplary damages included in an action to which this chapter otherwise applies.”); see also Hill v. Budget Fin. & Thrift Co., 383 S.W.2d 79, 81 (Tex.Civ.App.—Dallas 1964, no writ) (<HOLDING>); Howard v. General Cable Corp., 674 F.2d 351, Options: A. holding that punitive damages are not allowed under the flsa B. holding tcpa is remedial statute and that statutory damages are not punitive damages C. holding that a defendant cannot receive credit for settlement amounts representing punitive damages which are not common damages but are individual in nature D. holding that punitive damages are not fines E. holding that generally punitive damages are not available for a breach of contract

assistant: The best answer is C. holding that a defendant cannot receive credit for settlement amounts representing punitive damages which are not common damages but are individual in nature
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 Borrower will, and will cause each of its Subsidiaries to, timely file complete and correct U.S. federal and all other applicable material foreign, state and local tax returns required by law and pay when due all U.S. federal and all other applicable material foreign, state and local taxes, assessments and governmental charges and levies upon it or its income, profits or Property, except (i) those which are being contested in good faith by appropriate proceedings and with respect to which adequate reserves have been recorded in accordance with Agreement Accounting Principles or (ii) where the failure to make any such filings or payments would not reasonably be expected to result in a Material Adverse Effect with respect to such Borrower.

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: § 1291. The administrative law judge (“ALJ”) did not err in rejecting Williamson’s testimony. If a claimant presents objective medical evidence of an underlying impairment and there is no evidence of malingering, “ ‘the ALJ can reject the claimant’s testimony about the severity of her symptoms only by offering specific, clear and convincing reasons for doing so.’ ” Lingenfelter v. Astrue, 504 F.3d 1028, 1036 (9th Cir.2007) (quoting Smolen v. Chater, 80 F.3d 1273, 1281 (9th Cir.1996)). Although not every reason given by the ALJ met this standard, it was nonetheless proper for the ALJ to discount Williamson’s testimony based on Dr. Eckstein’s observation that there was reason to suspect that Williamson exaggerated her symptoms. See Tonapetyan v. Halter, 242 F.3d 1144, 1148 (9th Cir.2001) (<HOLDING>). Nor did the ALJ err in affording less than Options: A. holding when one identified ground for an adverse credibility determination is supported by substantial evidence and goes to the heart of petitioners claim of persecution the court is bound to accept the ijs adverse credibility determination B. holding that an adverse credibility determination must be supported by a true inconsistency C. holding evidence of virtually identical offense was relevant to show intent among other things in trial of charged offense D. holding that a credibility determination based on among other things a tendency to exaggerate was supported by substantial evidence E. holding that an aljs decision to discount a subjective claim of drowsiness was supported by substantial evidence where the alj noted among other things that the claimant did not appear drowsy at the hearing

assistant: The best answer is D. holding that a credibility determination based on among other things a tendency to exaggerate was supported by substantial evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: them a constitutional duty of care. See Doe v. New York City Dep’t of Social Servs., 649 F.2d 134, 141-42 (2d Cir.1981); Nicini v. Morra, 212 F.3d 798, 808 (3d Cir.2000) (en banc); Meador v. Cabinet for Human Res., 902 F.2d 474, 475-76 (6th Cir.1990); Norfleet v. Ark. Dep’t of Human Servs., 989 F.2d 289, 293 (8th Cir.1993); Yvonne L. v. N.M. Dep’t of Human Servs., 959 F.2d 883, 890-93 (10th Cir.1992); Taylor v. Ledbetter, 818 F.2d 791, 796 (11th Cir.1987) (en bane); see also Hernandez v. Tex. Dep’t of Protective and Regulatory Servs., 380 F.3d 872, 880 (5th Cir.2004) (assuming such a duty); K.H. v. Morgan, 914 F.2d 846, 851-52 (7th Cir.1990) (only reaching duty to place, not duty to monitor). But see Milburn v. Anne Arundel County Dep’t of Soc. Servs., 871 F.2d 474, 476 (4th Cir.1989) (<HOLDING>). Like such children, Tron not only looked to Options: A. holding that natural parents could not lose parental rights to foster parents where the foster agreement contemplates a surrender of custody for only a temporary period of time B. holding that a state had no affirmative duty to a child placed voluntarily by his parents into foster care since he was in the custody of his foster parents who were not state actors rather than in the states custody C. recognizing emotional bond between foster parents and child although ultimately determining foster parents did not have rights of parents in dependency action under chapter 2644 rcw D. recognizing that foster parents do not have a constitutionally protected liberty interest in a continued relationship with their foster child E. holding foster parents not liable for willful act of their foster child

assistant: The best answer is B. holding that a state had no affirmative duty to a child placed voluntarily by his parents into foster care since he was in the custody of his foster parents who were not state actors rather than in the states custody
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: At all times prior to the Closing Date or the earlier termination of this Agreement in accordance with its terms, the Debtors and the Backstop Participants shall consult with each other prior to issuing any press releases (and provide each other a reasonable opportunity to review and comment upon such release) or otherwise making public announcements with respect to the transactions contemplated by this Agreement. No Party shall issue any such press release or make any such public statement prior to such consultation, except to the extent the disclosing Party determines it is required to do so by applicable Law, in which case such Party shall use all reasonable efforts to consult with the other Party (or Parties) before issuing any such release or making any such public statement.

assistant: Publicity
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: general, Colorado requires that its district attorneys and attorney general prosecute criminal cases. Colo. Const. art. IV, § 1(1); id., art. VI, § 18; § 20-1-102(1)(a), 6 C.R.S. (2000). However, section 20-1-107, 6 C.R.S. (2000), provides that a judge may disqualify the district attorney from a case and appoint a special prosecutor if the district attorney "is interested or has been employed as counsel in any case which it is his duty to prosecute or defend." Although the statute does not define "interested," we have held that a court may properly disqualify a district attorney who has somé involvement in the defendant's case that would "impair that office's ability to prosecute the case fairly." People ex rel. Sandstrom v. Dist. Court, 884 P.2d 707, 710 (Colo.1994). Sp lo.App.1992) (<HOLDING>). An appearance of impropriety is "an interest Options: A. holding that a warrantless arrest does not violate the fourth amendment if at the time of the defendants arrest police had probable cause to believe that an offense has been is being or will be committed B. holding that there is no appearance of impropriety sufficient to warrant recusal when the judge learned negative facts about the defendant from a social gathering held by a prosecutor in a former case involving the defendant C. holding that the court of appeals in applying state law on appeal of a diversity action must apply law of the state as it existed at the time of its decision rather than as it stood at the time the case was decided in district court D. holding that an appearance of impropriety existed where the deputy district attorney had an altercation with the defendant at the time of the defendants arrest E. holding that where the law is unsettled at the time of trial but settled by the time of appeal the plainness of the error should be judged by the law at the time of appeal

assistant: The best answer is D. holding that an appearance of impropriety existed where the deputy district attorney had an altercation with the defendant at the time of the defendants arrest
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: harm based in part on the prosecutor’s and trial judge’s affirmative misstatements of the law as permitting a “mix and match” verdict. Id. at 751. Similarly, in Clear v. State, an aggravated sexual assault of a child case, the court found egregious harm based in part on the prosecutor’s erroneous statements to the jury in closing argument that, “four of you could decide ... [the State has] proven the finger penetration ... [a]nother four of you could say ... [the State has] proven everything [a]nd the remaining four of you could say ... I believe the State proved that there was penile penetration ... [y]ou don’t all have to agree on which manner we’ve proven it to you, as long as we’ve proven one of these.” Clear v. State, 76 S.W.3d 622, 623-24 (Tex.App.-Corpus Christi 2002, no pet.) (<HOLDING>). Unlike in Ngo and Clear, the De Los Santos Options: A. holding that the trial court plainly erred in failing to provide a specific unanimity instruction to the jury B. holding that charge error that allowed jury to convict appellant for an unindicted offense caused egregious harm C. holding jury charge error consisting of disjunctive submission of three separate sexual assault offenses without unanimity instruction caused egregious harm to defendant D. holding that trial court erred in submitting disjunctive charge E. holding egregious harm resulted from erroneous jury instruction authorizing conviction based on legally inadequate theory

assistant: The best answer is C. holding jury charge error consisting of disjunctive submission of three separate sexual assault offenses without unanimity instruction caused egregious harm to defendant