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: all issues— including liability—to the trial court for further proceedings consistent with this opinion. See Tex.R.App.P. 44.1(b); Natural Gas Clearinghouse v. Midgard Energy Co., 23 S.W.3d 372, 380 (Tex.App.-Amarillo 2000, pet. denied) (op. on reh’g)(relying on Rule 44.1(b) of the Texas Rules of Procedure to remand the cause on all issues, including liability, because damages were unliquidated and appellant contested liability). In all other respects, we affirm the trial court’s judgment. 2 , Villanova also signed a document in which he represented that the statements in his loan application were true and correct. 3 . Villanova executed the special warranty deed on the same day he purchased the property. 4 . Instead, Villanova placed the 3, 407 (Tex.App.-Corpus Christi 1999, no pet.) (<HOLDING>). Because HSOA does not raise this argument on Options: A. holding that a statement that the affiant is senior vicepresident and secretary of a corporation asserting a special appearance is sufficient to affirmatively show how the affiant has personal knowledge of the affidavit statements regarding the corporations contacts with texas B. holding that a statement that the affiant is president of the company asserting a claim on an account is sufficient to affirmatively show how the affiant has personal knowledge of the affidavit statements regarding the account C. holding that the failure of an affidavit to be made on personal knowledge or specify how the affiant had personal knowledge of the facts asserted is a defect in substance and need not be objected to at trial to be a ground for reversal D. holding allegation that false affidavit was basis for arrest warrant is sufficient to state 1983 fourth amendment claim against affiant officer E. holding warrant not undermined and affiant did not act in bad faith where affiant relied upon erroneous statements made by third party

assistant: The best answer is A. holding that a statement that the affiant is senior vicepresident and secretary of a corporation asserting a special appearance is sufficient to affirmatively show how the affiant has personal knowledge of the affidavit statements regarding the corporations contacts with texas
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the Title VII’s language and overall purpose, the court held that the participation clause extends to an employee who is named as a voluntary witness in a Title VII suit, but who never is called to testify. Id. at 175; Hendershot v. Home Depot, Inc., 2009 WL 367543, at *3 (E.D.Pa. Feb. 13, 2009) (denying summary judgment and finding that plaintiffs actions fell under the participation clause of the anti-retaliation provision when plaintiff stated that he would “tell the truth” in an EEOC hearing); Weston v. Optima Communications Sys., Inc., 2009 WL 3200653, at *5 (S.D.N.Y. Oct. 7, 2009) (finding that employee engaged in protected activity when she stated that she would “tell the truth” in her co-worker’s lawsuit); Tucker v. Journal Register East, 520 F.Supp.2d 374, 382-84 (D.Conn.2007) (<HOLDING>); see also Dubaz v. Johnson Control World Options: A. holding that an employer must remedy situation of sexual harassment B. holding that plaintiffs evidence showing that defendant refused to allow her to work as flight attendant because of her weight failed to demonstrate that defendant perceived her as substantially limited in any major life activity C. 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 D. holding that plaintiffs conduct was sufficient to qualify as a protected activity when she refused to testify as a favorable witness for her employer in a sexual harassment claim E. holding that a plaintiffs retaliation claim is cognizable even in the absence of protected activity as long as his employer perceived him to be engaged in such activity

assistant: The best answer is D. holding that plaintiffs conduct was sufficient to qualify as a protected activity when she refused to testify as a favorable witness for her employer in a sexual harassment claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event any court of competent jurisdiction or any foreign, federal, state, county or local government or any other governmental regulatory or administrative agency or authority holds any provision of this Consulting Agreement to be invalid, illegal or unenforceable under applicable law, in whole or in part, such invalid, illegal or unenforceable portion(s) shall be limited or excluded from this Consulting Agreement to the minimum extent required, and the remaining provisions shall not be affected or invalidated and shall remain in full force and effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: new financing. Nevertheless, Plaintiffs did not plead sufficiently particularized facts demonstrating Deloitte was, inter alia, severely reckless in failing to issue the qualification, as required to sufficiently plead with particularity under the PSLRA. See Nathenson, 267 F.3d at 408. The AU requires an auditor to issue the qualification only if there is substantial doubt the entity will continue, and only after determining the company’s plan to deal with its problems would be ineffective. Again, Plaintiffs plead no facts demonstrating Deloitte was severely reckless in this regard. Plaintiffs never pleaded with specificity how, or why, Deloitte was tion to deny leave to amend is limited, leave to amend is not automatic. Goldstein v. MCI WorldCom, 340 F.3d 238, 254-55 (5th Cir.2003) (<HOLDING>). Nevertheless, there is a strong presumption Options: A. holding no abuse of discretion where plaintiffs failed multiple times to correct deficiencies in complaint and failed to show couh how they would correct them in a future filing B. holding that the presence of the correct address in the sworn affidavit could correct a typographical error in the warrant C. holding that the district court did not abuse its discretion in denying leave to file a third amended complaint where the plaintiff had already been given opportunities to amend and did not indicate what additional facts he could plead to correct the deficiencies in his complaint D. holding no abuse of discretion after plaintiff had three opportunities to correct any deficiencies in its complaint E. holding that district court did not abuse its discretion where it determined that plaintiffs failed to show good cause to amend complaint after dispositive motion deadline

assistant: The best answer is A. holding no abuse of discretion where plaintiffs failed multiple times to correct deficiencies in complaint and failed to show couh how they would correct them in a future filing
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: You will not criticize, defame, be derogatory toward or otherwise disparage the Company (or the Company’s past, present and future officers, directors, stockholders, attorneys, agents, representatives, employees or affiliates), or its or their business plans or actions, to any third party, either orally or in writing; provided, however, that this provision will not preclude you from giving testimony in response to a lawful subpoena or preclude any conduct protected under 18 U.S.C. Section 1514A(a) or any similar state or federal law providing “whistleblower” protection to you.

assistant: Non-Disparagement
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: court on the merits absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). We have independently reviewed the record and conclude Fair-cloth has not made the requisite showing. See Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 1039-40, 154 L.Ed.2d 931 (2003). Accordingly, we deny a certificate of appealability and dismiss the appeal. See 28 U.S.C. § 2253(c) (2000). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED. * To the extent Faircloth seeks to raise issues not properly presented to the district court, we find they are waived. See Muth v. United States, 1 F.3d 246, 250 (4th Cir.1993) Options: A. holding that issues raised for the first time on appeal will not be considered absent exceptional circumstances of plain error or fundamental miscarriage of justice B. holding that issues raised for the first time on appeal will not be considered C. holding that issues raised for the first time on appeal are generally waived absent exceptional circumstances D. holding claims raised for first time on appeal will not be considered absent exceptional circumstances E. holding that issues raised for first time on appeal generally will not be considered absent exceptional circumstances of plain error or fundamental miscarriage of justice

assistant: The best answer is D. holding claims raised for first time on appeal will not be considered absent exceptional circumstances
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: resolution or by-law adopted and not repealed or rescinded prior to such date.” 3 Appellant does not challenge imposition of the penalties prescribed in Norfolk City Code § 1-11 to any other offenses. Accordingly, we do not consider whether Code § 15.1-901 would render Norfolk City Code § 1-11 void as applied to non-DUI offenses. There is a split of authority among other jurisdictions on this issue, and it appears to be a question of first impression in Virginia. See 6 Eugene McQuillin, Municipal Corporations § 20.66, at 218 nn.14-18 (3d ed. 1988). It is arguable that the ordinance would be valid up to the limits set out in the state statute. See Commonwealth v. Schaeffer, 98 Pa. Super. 265, 268 (1929). But see Boyles v. City of Roanoke, 179 Va. 484, 487, 19 S.E.2d 662, 663 (1942) Options: A. holding that a state court judgment that modifies a discharge in bankruptcy is void ab initio and the rookerfeldman doctrine would not bar federal court jurisdiction B. holding that because there was no quorum of validly appointed board members the nlrb lacked authority to act and the enforcement order was therefore void ab initio C. holding void ab initio ordinance proscribing punishment in excess of that authorized in charter D. holding that an action taken in violation of the automatic stay is void ab initio E. holding annexation ordinance void

assistant: The best answer is C. holding void ab initio ordinance proscribing punishment in excess of that authorized in charter
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, during the DER Vested Period for any DERs, the record date for any dividends payable in respect of the Shares occurs, then promptly following the payment of such dividends to holders of such Shares, the Company shall pay a bonus to the Participant in an amount equal to (x) the per-share dividend so paid to such holders, multiplied by (y) the number of DERs held by the Participant on such record date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the husband timely appeals from four non-final, appealable orders: (1) granting the wife’s motion for temporary alimony and child support and retroactive alimony and child support; (2) finding the husband in contempt; (3) garnishing the husband’s thrift savings plan; and (4) withholding income for support. Although most of the husband’s arguments were not preserved for review, he did preserve one meritorious argument: that the amount of temporary support awarded appears to exceed his ability to pay. This error appears to be attributable, at least in part, to the trial judge’s reliance on an income figure for the husband that was contrary to the husband’s uncontroverted evidence regarding his then-current income. See Breitenbach v. Breitenbach, 838 So.2d 1266 (Fla. 2d DCA 2003) (<HOLDING>). The trial judge appears to have compounded Options: A. holding that a trial court cannot decide the issue of attorneys fees without findings as to one spouses ability to pay and the others need B. holding that although trial judges have broad discretion in setting temporary alimony awards any such award must be supported by competent substantial evidence that demonstrates the need for support and the paying spouses ability to pay C. holding that a trial courts finding of a fraudulent lien must be supported by competent evidence D. holding that the trial court abused its discretion in ordering temporary alimony that exceeded the husbands ability to pay E. holding that the trial court abused its discretion in establishing an arrearages repayment plan without making any factual findings concerning the paying spouses ability to pay

assistant: The best answer is B. holding that although trial judges have broad discretion in setting temporary alimony awards any such award must be supported by competent substantial evidence that demonstrates the need for support and the paying spouses ability to pay
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 Company owns, possesses, or has the right to use all of the patents, patent applications, trademarks, service marks, copyrights, licenses, and rights with respect to the foregoing necessary for the conduct of its business without any known conflict with the rights of others.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: out that “[njumerous courts have found that individual issues of reliance are not an issue in an ERISA § 502(a)(2) class action claim.” In re Aquila ERISA Litig., 237 F.R.D. 202, 209 (W.D.Mo. July 18, 2006) (citing eases and holding “the relevant detrimental reliance is that of the Plan, not the individual Plan participants”). The plaintiffs further argue that reliance should be presumed, pointing to cases finding dismissal inappropriate “where a breach of duty includes misrepresentations and omissions material to a decision by plan participants, which results in harm to the participants.” In re JDS Uniphase Corp. ERISA Litig., 2005 WL 1662131, *13, 2005 U.S. Dist. LEXIS 17503, *43-44 (N.D.Cal. July 13, 2005). See also, In re AEP ERISA Litig., 327 F.Supp.2d 812, 833 (S.D.Ohio 2004) (<HOLDING>); In re Coca-Cola Enters., ERISA Litig., No. Options: A. holding that making intentional representations about the future of plan benefits may be an act of plan administration B. holding an allegation sufficient under rule 9b that the plan and the participants acting on behalf of the plan relied upon and are presumed to have relied upon defendants representations and nondisclosures to their detriment C. holding that where plaintiffs alleged that the plan suffered significant losses and requested that fiduciaries make good to the plan the losses to the plan they need not seek to recover for all plan participants allegedly injured by the fiduciary breach D. holding that a plan administrator cannot support its argument on appeal with a fact not relied upon in its initial coverage determination E. holding that a subclass of plan participants could sue where the remedy sought by plaintiffs would benefit the plan as a whole and cure any harm that the plan suffered

assistant: The best answer is B. holding an allegation sufficient under rule 9b that the plan and the participants acting on behalf of the plan relied upon and are presumed to have relied upon defendants representations and nondisclosures to their detriment
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 be no published decision by a Pennsylvania state appellate court addressing whether a party may stipulate to choice of law. Courts in other jurisdictions have enforced parties’ explicit and implicit choice of law stipulations. See e.g., Tehran-Berkeley Civil & Envtl. Eng’rs v. Tippetts-Abbett-McCarthy-Stratton, 888 F.2d 239, 242 (2d Cir.1989) (applying New York law because parties’ briefs relied on New York law and “implied consent to use a forum’s law is sufficient to establish choice of law”); City of Clinton, Ill. v. Moffit, 812 F.2d 341, 342 (7th Cir. 1987) (“Litigants can, by stipulation, formal or informal, agree on the substantive law to be applied to their case, within broad limits not exceeded here.”); Cates v. Morgan Portable Bldg. Co., 780 F.2d 683, 687 (7th Cir. 1985) (<HOLDING>); Mellon Bank v. Aetna Bus. Credit Inc., 619 Options: A. holding that intent of parties to choice of law must be given effect B. holding that the implied consent to new york law manifest in the parties briefs was sufficient to establish choice of law C. holding that parties implicitly stipulated to choice of law D. holding that party waived an objection to choice of law E. holding that under texas choice of law principles contractual choice of law provisions are generally upheld

assistant: The best answer is C. holding that parties implicitly stipulated to choice of law
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: appellate review process, we issued our opinion in Robinson, holding that A.R.S. § 13-1416 unconstitutionally infringed upon this court’s rule-making authority and undermined “fundamental judicial and constitutional values and processes” required in the truth-finding function of criminal trials. Robinson, 153 Ariz. at 197, 735 P.2d at 807. Robinson is applicable to the present case since it was pending review when the Robinson decision was announced. State v. Nunez, 135 Ariz. 257, 258, 660 P.2d 858, 859 (1983). However, the defense counsel never objected to the hearsay statements offered pursuant to A.R.S. § 13-1416. We have held that the rule of waiver is equally applicable even when the error may be of constitutional magnitude. State v. Magallanes, 110 Ariz. 235, 517 P.2d 505 (1973) (<HOLDING>); State v. Holder, 155 Ariz. 83, 745 P.2d 141 Options: A. holding that issues not raised in the trial court may not be raised later on appeal B. holding that appellant who properly filed an objection in accordance with the notice he received from the trial court had standing to appeal C. holding that the point on appeal and the objection in the trial court must be the same in order for it to be preserved for appeal D. holding that an issue not raised in the trial court cannot be raised for the first time on appeal E. holding that states failure to afford defendant proper notice in accordance with procedural due process in a probation revocation could not be raised on appeal absent an objection in the trial court

assistant: The best answer is E. holding that states failure to afford defendant proper notice in accordance with procedural due process in a probation revocation could not be raised on appeal absent an objection in the trial court
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: formal County policies or longstanding County practices. a. Seizure under § 5150 It is undisputed that Deputy Perez made the decision to take Harvey into custody pursuant to § 5150. Section 5150 provides that “[w]hen any person, as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer [or other designated persons] may, upon probable cause, take, or cause to be taken, the person into custody and place him or her in a facility designated by the county and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation.” See Cal. Welf. & Inst.Code § 5150. The lawfulness of a detention under § 5150 is measured by Fourth Amendment standards. See Maag v. Wessler, 960 F.2d 773, 775 (9th Cir.1991) (<HOLDING>); People v. Triplett, 144 Cal.App.3d 283, 287, Options: A. holding that under fourth amendment standards for determining probable cause for arrest and probable cause for search and seizure are same B. holding that probable cause is a complete defense to an action for false arrest C. holding seizure of suspected mentally ill person for psychiatric evaluation is analogous to a criminal arrest and must therefore be supported by probable cause D. recognizing that an officer must have a reasonable articulable suspicion that the person has been is or is about to be engaged in criminal activity to frisk an individual for weapons and must have probable cause to conduct a further seizure E. recognizing that an immigration arrest and detention needs to be supported by probable cause or reasonable suspicion

assistant: The best answer is C. holding seizure of suspected mentally ill person for psychiatric evaluation is analogous to a criminal arrest and must therefore be supported by probable cause
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: fairness, a defendant may file a late direct appeal under the following narrow exceptional circumstances: (1) when the defendant has not been informed of his or her right to appeal; (2) when the defendant has not been furnished an attorney to perfect his or her appeal; and (3) when the defendant has been furnished an attorney who failed to perfect the appeal. See Patton, 287 Kan. at 206; State v. Ortiz, 230 Kan. 733, 735-36, 640 P.2d 1255 (1982). In his response to the show cause order, Howard argues that Kansas appellate courts “have expanded the sc ed counsel’s failure to timely notify K.S.A. 60-1507 movant that motion was denied and that movant had right to appeal entitled movant to file notice of appeal out of time for original K.S.A. 60-1507 motion); Ortiz, 230 Kan. at 736 (<HOLDING>). Unlike the cases where the defendant or a Options: A. holding that identification of appellant in notice of appeal is a jurisdictional requirement and that the failure to name a party in a notice to appeal constitutes a failure of that party to appeal B. holding that the filing of an opening brief within the time period for filing a notice of appeal could constitute notice of appeal C. holding that prejudice should be presumed where counsel filed notice of appeal but failed to perfect the direct appeal D. recognizing that exception to requirement of timely filing of notice of appeal exists in cases where defendant either was not told of right to appeal or was not furnished attorney to exercise those rights or was furnished attorney for that purpose who failed to perfect and complete appeal E. holding that trial counsel owes a criminal defendant a duty to file a notice of appeal regardless of whether the attorney was retained for the appeal or not

assistant: The best answer is D. recognizing that exception to requirement of timely filing of notice of appeal exists in cases where defendant either was not told of right to appeal or was not furnished attorney to exercise those rights or was furnished attorney for that purpose who failed to perfect and complete 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, during the Employment Period, OUTFRONT terminates the employment of Executive on account of Executive’s disability or other incapacity, then OUTFRONT shall have no further obligation to Executive hereunder; provided , however , that in the event of Executive’s disability or other incapacity OUTFRONT may terminate this Agreement effective only after the expiration of a period the length of which shall be determined by the OUTFRONT Human Resources Department pursuant to the then applicable OUTFRONT short-term and long-term disability programs (which, as of the date hereof, provides that termination shall occur upon the expiration of short-term disability benefits). Notwithstanding the foregoing, Executive shall be entitled to receive (i) the Accrued Amounts (earned through the termination of Executive’s employment pursuant to this paragraph 7(c)) and (ii) a pro-rata portion of any bonus compensation for the calendar year in which the termination occurs, determined in accordance with the EBP. The Accrued Amounts shall be paid in a lump sum to Executive on the first payroll date following the termination of Executive’s employment. The precise amount of the pro-rata bonus, if any, will be determined in a manner consistent with the manner bonus pay determinations are made for comparable executives, and such bonus, if any, less applicable deductions and withholding taxes, shall be payable by February 28 of the calendar year following the calendar year in which the termination occurs in accordance with EBP guidelines.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Torts § 64(a) was adopted here, Plaintiff would still be entitled to judgment as a matter of law pursuant to the undisputed facts in this case because the higher burden is met under the RESTATEMENT (SECOND) OF TORTS § 428. The Court leaves this difficult question to the discretion of the Supreme Court, but highlights that the Second and Third Restatement provisions regarding a contractor’s nondelegable duties must be analyzed as a collective scheme which attempts to consolidate the application of these many nuanced and overlapping common law principles. 56 Black’s Law Dictionary, Instrumentality (9th ed. 2009) (“A thing used to achieve an end or purpose.”). 57 Restatement (Second) of Torts § 428 cmt. a (emphasis added). 58 See Reith, 22 Ill. App. 3d 337, 317 N.E.2d 369, 373 (1974) (<HOLDING>); See Williamson 265 S.W.2d 354. 59 Plaintiff’s Options: A. holding that insurance company operating under a reservation of rights had the right and the duty to control the defense until such time as it was determined that it had no liability insurance coverage B. recognizing the debtorinpossessions duty to file records and operating reports C. holding highlow settlement agreement between estate and company was not a mary carter agreement and it was not erroneous to have allowed the company to participate in the trial or by failing to disclose the agreement to the jury D. holding that a customer has no reasonable expectation of privacy in dialed telephone numbers which were conveyed to the telephone company E. recognizing a telephone company operating under a franchise agreement as holding a nondelegable duty to the public

assistant: The best answer is E. recognizing a telephone company operating under a franchise agreement as holding a nondelegable duty to the public
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 covenants contained in this Section 7. shall be construed as a series of separate covenants, one for each county, city, state or any similar subdivision in any Geographic Area. Except for geographic coverage, each such separate covenant shall be deemed identical in terms to the covenant contained in the preceding sections. If, in any judicial proceeding, a court refuses to enforce any of such separate covenants (or any part thereof), then such unenforceable covenant (or such part) shall be eliminated from this Agreement to the extent necessary to permit the remaining separate covenants (or portions thereof) to be enforced. In the event that the provisions of this Section 7. are deemed to exceed the time, geographic or scope limitations permitted by applicable law, then such provisions shall be reformed to the maximum time, geographic or scope limitations, as the case may be, permitted by applicable law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Inc., 368 Mich. 140, 153, 117 N.W.2d 150, 156 (1962); Smith v. Fergan, 181 Mich.App. 594, 596-597, 450 N.W.2d 3, 4 (1989)). “[T]he whole point of the defense is to grant latitude to an occasion where a sanctioned interest is sincerely and earnestly pursued.... As such, proof of a motive other than pursuit of the common interest should result in denial of the defense.” Harmon, supra, at 44. “If the interest is not pursued sincerely, the occasion is misappropriated, and the law will not permit the doctrine to disguise a personal use, even if that use is not inspired by base motives.” Id. at 45. Michigan courts have declined to apply the shared interest privilege where the interest at stake was a private one. See Sias v. General Motors Corporation, 372 Mich. 542, 127 N.W.2d 357 (1964) (<HOLDING>); Harrison v. Arrow Metal Products Corp., 20 Options: A. holding that in employees age discrimination suit against former employer supervisors statement to employee was not hearsay even though the statement was offered for its truth because the statement was an admission by a party opponent B. holding that an atwill employee can be discharged for any reason or no reason unless employee is discharged for reasons that contravene a clear mandate of public policy C. holding that the employer had not demonstrated the employee was discharged for gross misconduct because the conduct was an isolated incident and the employer did not try to show that its staffing ability had suffered serious or indeed any consequences as a result of the employees conduct D. holding that an employee could not be bound to an arbitration agreement that had been mailed to him by his employer acceptance of which was indicated by employees continued tenure with the company where there was no evidence in the record that the employee had received read or understood the document E. holding that a corporate employer had no interest sufficient to justify its statement that an employee was discharged for misappropriation of company property made to remaining employees for the purpose of restoring morale among them

assistant: The best answer is E. holding that a corporate employer had no interest sufficient to justify its statement that an employee was discharged for misappropriation of company property made to remaining employees for the purpose of restoring morale among them
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, including the rights and duties of the parties hereto, shall be governed by, and construed in accordance with, the laws of the State of New York (including Sections 5-1401 and 5-1402 of the General Obligations Law of the State of New York, but without regard to any other conflicts of law provisions thereof). This Agreement is executed by the Additional Originator for the benefit of the Buyer, and its assigns, and each of the foregoing parties may rely hereon. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. Delivery of an executed counterpart hereof by facsimile or other electronic means shall be equally effective as delivery of an originally executed counterpart. This Agreement shall be binding upon, and shall inure to the benefit of, the Additional Originator and its successors and permitted assigns.

assistant: Miscellaneous
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: child abuse coincides with the appropriate measures that child protective services employees acting pursuant to § 424 are supposed to undertake. Section 424 provides, in relevant part, that if “the child protective service ... determines that the best interest of the child require[s] family court or criminal court action, [it could] initiate the appropriate family court proceeding or make a referral to the appropriate district attorney, or both.” Under the SSL, conclusive proof of child abuse is not a requisite threshold to trigger reporting under § 424. See Isabelle V. v. City of New York, 150 A.D.2d 312, 541 N.Y.S.2d 809, 809 (App.Div.1st Dep’t 1989); see also Kempster v. Child Protective Services of the County of Suffolk, 130 A.D.2d 623, 515 N.Y.S.2d 807, 809 (App.Div.2d Dep’t 1987)(<HOLDING>). In Isabelle, hospital employees, pursuant to Options: A. holding that compliance with fda requirements though admissible to demonstrate lack of negligence is not conclusive on this issue just as violation of fda requirements is evidence but not conclusive evidence of negligence B. holding that reporting requirements that are afforded immunity under 419 are not predicated on actual or conclusive evidence of abuse or maltreatment C. holding that the substantive provisions and reporting requirements of an unclaimed property law are valid as applied to national banks D. holding that defendants are not entitled to qualified immunity E. holding that trial courts resolution of disputed facts are conclusive on appeal when supported by substantial evidence

assistant: The best answer is B. holding that reporting requirements that are afforded immunity under 419 are not predicated on actual or conclusive evidence of abuse or maltreatment
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 Re: Exhaustion of State Remedies in Criminal and Post-Conviction Relief Cases, No. 218 Judicial Administration Docket No.l (per curiam ) (May 9, 2000) (stating effective immediately, following adverse order from Superior Court or Supreme Court of Pennsylvania, petition for rehearing or allowance of appeal no longer required in post-conviction relief matters to exhaust state court remedies for purposes of federal habeas proceedings). 14 . Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). 15 . "Exculpatory evidence is that which extrinsically tends to establish defendant's innocence of the crimes charged, as differentiated from that which, although favorable, is merely collateral or impeaching.” Commonwealth v. Hicks, 270 Pa.Super. 546, 411 A.2d 1220, 1222 (1979) (<HOLDING>). 16 . Ms. Bayan gave her observations to Options: A. holding that new evidence must be evidence that is not merely cumulative B. holding that new evidence is evidence not previously of record and not merely cumulative of other evidence C. holding district court did not err in admitting reports that were merely cumulative of evidence already in the record D. holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record E. holding statement that was merely cumulative which did not add helpful facts or strengthen claim is not exculpatory

assistant: The best answer is E. holding statement that was merely cumulative which did not add helpful facts or strengthen claim is not exculpatory
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: There is no default, breach, violation or event of acceleration existing under the Mortgage or the Note and no event has occurred which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a default, breach, violation or event of acceleration, and neither Seller nor its predecessors have waived any default, breach, violation or event of acceleration.

assistant: No Defaults
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 Unforeseeable Emergency . If a Participant suffers an Unforeseeable Emergency, the Participant may submit a written request to the Committee for payment of the vested portion of the Participant’s Account. The Committee will evaluate the Participant’s request for payment due to an Unforeseeable Emergency taking into account the Participant’s circumstances and the requirements of Code Section 409A. Payment shall not be made to the extent that the Participant’s emergency can be relieved: (a) through reimbursement or compensation by insurance or otherwise; (b) by liquidation of the Participant’s assets, to the extent that liquidation of the Participant’s assets would not itself cause severe financial hardship; or (c) by cancellation of Deferral Elections. The amount of any payment made on account of an Unforeseeable Emergency shall not exceed the amount reasonably necessary to satisfy the Participant’s financial need, including amounts necessary to pay any federal, state or local income taxes or penalties reasonably anticipated to result from the payment, as determined by the Committee. Payments shall be made from a Participant’s Account as soon as practicable and in any event within thirty (30) days following the Committee’s determination that an Unforeseeable Emergency has occurred and authorization of payment from the Participant’s Account. If a Participant receives payment on account of an Unforeseeable Emergency, the Participant’s Deferral Election for the remainder of the Plan Year shall be cancelled.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the whole or another part of that crime. Double jeopardy forbids the state from a piecemeal prosecution of an offense.” Polson, 145 S.W.3d at 896 (quoting State ex rel. Westfall v. Campbell, 637 S.W.2d 94, 97 (Mo.App. E.D.1982) (internal citations omitted)). What the State is doing in the case at bar is trying to prosecute a single crime into separate parts. The State is arguing for the first time that Appellant committed separate crimes by possessing separate baggies of cocaine. The double jeopardy clause forbids such a prosecution, absent a legislative intent to do so. There is nothing to suggest that the legislature intended for multiple punishments for a single act of possessing the same controlled substance, namely cocaine. Cf. State v. Harris, 153 S.W.3d 4, 8 (Mo.App. W.D.2005) (<HOLDING>). Convicting Appellant of both possession of Options: A. holding 1227a2bi limits the meaning of controlled substance for removal purposes to the substances controlled under 802 B. holding that defendants ability to pay may be considered in assessing penalty under controlled substances act C. recognizing that the legislature would not generally use a different meaning for the same word in a legislative provision unless a different purpose was intended D. holding that under section 172550 two prior violations of the controlled substances act occurring in the same incident should be treated as one offense and noting that if multiple prior convictions are obtained for violations of the controlled substance act unrelated to one another and not arising out of a single incident there is no prohibition against counting each conviction separately for sentencing purposes E. holding that the legislature intended for multiple punishments when a defendant makes a single act of possessing different types of controlled substances

assistant: The best answer is E. holding that the legislature intended for multiple punishments when a defendant makes a single act of possessing different types of controlled substances
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: None of the Seller or any of its Subsidiaries (a) has violated or is in violation of, or, to the knowledge of the Seller, is under investigation with respect to or has been threatened to be charged with or been given notice of any violation of, any Applicable Law or any judgment, order, writ, decree, injunction, stipulation, consent order, permit or license granted, issued or entered by any Governmental Authority or (b) is subject to any judgment, order, writ, decree, injunction, stipulation, consent order, permit or license granted, issued or entered by any Governmental Authority, in each case, that would be a Material Adverse Change.

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: action). Nevertheless, insofar as the PHRA can be generally analogized to a combination of actions in tort and contract, pre-Seventh Amendment common law required a jury trial in such actions. C. Wright, supra, at p. 610. A far greater aid to this Court’s Seventh Amendment inquiry, and properly the crux of any Seventh Amendment analysis, is the nature of the remedy sought by the plaintiff. Beard v. Braunstein, 914 F.2d 434, 438 (3d Cir.1990), citing Granfinanciera, S.A. v. Nordberg, 492 U.S. 33, 109 S.Ct. 2782, 2793, 106 L.Ed.2d 26 (1989). As made clear in her prayer for relief in Count III, plaintiff seeks remedies that are both equitable, e.g., reinstatement, and legal, e.g., compensatory and punitive damages. Protos v. Volkswagen of America, Inc., 797 F.2d 129, 138 (3d Cir.1986) (<HOLDING>). Since the plaintiff seeks a determination of Options: A. holding that conduct must be beyond the fraud which supported compensatory damages to award punitive damages B. holding that punitive damages do not need to be proportional to compensatory damages C. holding that when compensatory damages are nominal a much higher ratio of punitive damages to compensatory damages can be contemplated D. holding compensatory and punitive damages constitute legal remedies E. holding that equitable relief under 502a3 does not include compensatory and punitive damages

assistant: The best answer is D. holding compensatory and punitive damages constitute legal remedies
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the 123.75 hours spent by Buyers’s counsel on a Motion to Dismiss appears to this Court to be “excessive on its face.” (Opposition, at ¶ 2). The Court notes that Buyers claims fees for services performed by six different attorneys and two legal assistants. While the bulk of the total hours Buyers’s attorneys billed is attributable to three attorneys, Grannis, a New York sole practitioner, Jeffrey L. Sil-vestrini (“Silvestrini”), and Brian F. Roberts, the latter two from Cohne Rappaport, a Utah firm, and the services of the other three represent a small fraction of the whole, Buyers has not provided sufficient support to satisfy its burden of proving that the services of all of these attorneys and assistants were necessary and reasonable. See Hensley, 461 U.S. at 437, 103 S.Ct. 1933 (<HOLDING>). While it is certainly reasonable that Cohne Options: A. holding that the fee applicant bears the burden of documenting the appropriate hours expended and hourly rates B. holding that the plaintiff bears the burden when relying on the discovery rule C. holding that the fee applicant bears the burden of showing that an adjustment is necessary to the determination of a reasonable fee D. holding that the defendant bears the burden of demonstrating that the action should be transferred E. holding that the defendant bears the burden under plainerror review

assistant: The best answer is A. holding that the fee applicant bears the burden of documenting the appropriate hours expended and hourly 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: 3. Notwithstanding any other provisions of the Agreement, each party acknowledges that Confidential Information shall not include any information which: d. has been independently developed by an employee of the Receiving Party that has not had access directly or indirectly to Confidential Information, and Receiving Party can substantiate any claim of independent development by written evidence; or

assistant: No
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: Buyer has the full corporate power and authority to execute and deliver this Agreement and to consummate the transactions contemplated hereby. The execution, delivery and performance by Buyer of this Agreement and the consummation of the transactions contemplated hereby, have been duly authorized and no other corporate or shareholder actions on the part of Buyer are necessary to authorize the execution and delivery by Buyer of this Agreement and the consummation of the transactions contemplated hereby. This Agreement has been duly executed and delivered by Buyer and assuming due and valid authorization, execution and delivery hereof by the Seller is a valid and binding obligation of Buyer enforceable against Buyer in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization or other similar Laws affecting creditors' rights generally and by the availability of equitable remedies.

assistant: Authorizations