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: defense, or a development in the controlling law that foreclosed the claim. The record here betrays no significant change in circumstances prior to trial that reasonably should have caused the plaintiffs to conclude that their claims were no longer viable. In fact, the most notable development in the case prior to trial sent a contrary signal: the court denied the Mayor’s post-discovery summary judgment motion as to the plaintiffs’ central political discrimination claim. While the fact that a claim has survived summary judgment is not, on its own, “entitled to decretory significance,” Foster, 943 F.2d at 144, it has some value in determining whether a claim was or became unreasonable or without foundation. See id.; Walker v. NationsBank of Fla. N.A., 53 F.3d 1548, 1559 (11th Cir.1995) (<HOLDING>); Jensen v. Stangel, 762 F.2d 815, 818 (9th Options: A. holding that district court abused its discretion in finding suit unreasonable and groundless where inter alia the court had denied two prior summary judgment motions B. holding district court abused its discretion in admitting state court findings of fact C. holding that the trial court grants or denies motions for summary judgment on the basis of what is contained in the motions for summary judgment and the responses thereto D. holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint E. holding district court did not abuse its discretion in ruling on summary judgment motion where inter alia plaintiff had been given repeated notices court intended to rule on motion and it was plaintiffs burden to rebut defendants evidence

assistant: The best answer is A. holding that district court abused its discretion in finding suit unreasonable and groundless where inter alia the court had denied two prior summary judgment motions
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: this means , for example , that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information , without any compensation to you .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive agrees that following the termination of his employment, Executive will cooperate in all reasonable respects with the Company and its affiliates in connection with (i) any and all existing or future litigation, actions or proceedings (whether civil, criminal, administrative, regulatory or otherwise) brought by or against the Company or any of its affiliates, or (ii) any audit of the financial statements of the Company with respect to the period of time when Executive was employed by the Company or any affiliate, in each case to the extent the Company reasonably deems Executive’s cooperation necessary. Executive shall be reimbursed for all reasonable out-of-pocket expenses incurred by Executive as a result of such cooperation.

assistant: Cooperation
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: (i) The Seller hereby authorizes and hereby agrees from time to time, at its own expense, promptly to execute (if necessary) and deliver all further instruments and documents, and to take all further actions, that may be necessary or desirable, or that the Administrator may reasonably request, to perfect, protect or more fully evidence the purchases or issuances made under this Agreement and/or security interest granted pursuant to this Agreement or any other Transaction Document, or to enable the Administrator (on behalf of the Secured Parties) to exercise and enforce the Purchasers’ rights and remedies under this Agreement and any other Transaction Document. Without limiting the foregoing, the Seller hereby authorizes, and will, upon the request of the Administrator, at the Seller’s own expense, execute (if necessary) and file such financing or continuation statements (including fixture filings and as extracted collateral filings), or amendments thereto, and such other instruments and documents, that may be necessary or desirable, or that the Administrator may reasonably request, to perfect, protect or evidence any of the foregoing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: . .” N.C.G.S. § 14-27.1(4) (1993). Section 14-27.4’s gravamen, or gist, is to criminalize the performance of a sexual act with a child. The statutory definition of “sexual act” does not create disparate offenses, rather it enumerates the methods by which the single wrong of engaging in a sexual act with a child may be shown. Furthermore, our Supreme Court has expressly determined that disjunctive jury instructions do not risk nonunani-mous verdicts in first-degree sexual offense cases. State v. McCarty, 326 N.C. 782, 784, 392 S.E.2d 359, 360 (1990) (upholding jury instruction that the defendant could be found guilty of first-degree sexual offense “if [the jury] found [the] defendant [had] engaged in either fellatio or vaginal penetration”); Hartness, 326 N.C. at 565, 391 S.E.2d at 179 (<HOLDING>). In this case, the trial court instructed the Options: A. holding that where a statute uses the disjunctive term or the provisions of the statute plainly encompass two distinct situations B. holding that disjunctive instructions did not result in a fatally ambiguous verdict in an indecent liberties case and noting that the indecent liberties statute is more similar to the statute relating to firstdegree sexual offense than to the trafficking statute discussed in diaz C. holding that when a statute is patterned after a similar provision in another states statute it is proper to resort to judicial constructions placed on the statute by the courts of the state whose statute provided the model in determining the proper construction D. holding that the title of the statute did not limit the reach of the statute E. holding that the statute qualifies as an exemption 3 statute

assistant: The best answer is B. holding that disjunctive instructions did not result in a fatally ambiguous verdict in an indecent liberties case and noting that the indecent liberties statute is more similar to the statute relating to firstdegree sexual offense than to the trafficking statute discussed in diaz
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: As of the date hereof, the authorized common s tock of the Company consists of 750,000,000 authorized shares of Common Stock, $ 0.0001 par value per share, of which 10,430,296 shares are issued and outstanding; and 93,043,863 shares are reserved for issuance upon conversion of the Note. All of such outstanding shares of capital stock are, or upon issuance will be, duly authorized, validly issued, fully paid and non - assessable. .

assistant: Capitalization
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 are no actions, suits, claims, disputes or proceedings at law or in equity by or before any Governmental Authority now pending or, to the best of the knowledge of any Borrower, threatened against or affecting any Group Member or any business, property or rights of any Group Member (i) that purport to affect or involve any Loan Document or any of the Transactions or (ii) that have resulted, or as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could, either individually or in the aggregate, reasonably be expected to result, in a Material Adverse Effect.

assistant: Litigations
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 Loan Party will, and will cause each Restricted Subsidiary to, (a) do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, qualifications, licenses, permits, franchises, governmental authorizations and intellectual property rights (collectively, “ Rights ”) material to the conduct of its business, and maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; provided , that the foregoing shall not prohibit (i) any merger, consolidation, liquidation or dissolution permitted under Section 6.03 or (ii) the waiver, non-renewal, or other abandonment of any Rights (including any intellectual property rights) that, in the business judgment of management of the Loan Party, are not material to the conduct of its business and (b) engage in business to the extent not prohibited by Section 6.03(b) .

assistant: Existence
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 Committee may modify, extend or renew outstanding Options and authorize the grant of new Options in substitution therefore, provided that any such action may not, without the written consent of a Participant, impair any of such Participant’s rights under any Option previously granted. Subject to Section 18, the Committee may (a) reduce the Exercise Price of outstanding Options or (b) grant Options in substitution for cancelled options or other Awards authorized under the Plan. Any outstanding ISO that is modified, extended, renewed or otherwise altered will be treated in accordance with Section 424(h) of the Code.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree that this agreement and the relationship between you and linden lab shall be governed by the laws of the state of california without regard to conflict of law principles or the united nations convention on the international sale of goods .

assistant: 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: Word of Faith Christian Center Church. Plaintiff asks that should the court conclude that defendant has not waived the exemption defense, the court should allow additional time for discovery related to the question whether defendant in fact qualifies for the exemption, pointing out that the question whether a school qualifies for the religious exemption is a “mixed question of law and fact.” See Doe v. Abington Friends School, 480 F.3d 252 (3d Cir.2007). However, plaintiff has suggested nothing that discovery could possibly reveal which might undermine defendant’s claim that the exemption applies. Plaintiff herself has sued the Word of Faith Christian Center Church, which she alleges operates the subject daycare/preschool. See Woods v. Wills, 400 F.Supp.2d 1145, 1161-1162 (E.D.Mo.2005) (<HOLDING>). Accordingly, plaintiff’s ADA claim will be Options: A. recognizing the districts duty of care for the protection of school children in its schools B. holding that a school district was not liable for sexual molestation of plaintiffs daughter by a teacher even though the acts occurred on school property and during school hours C. holding the tlo standard governs school searches when school resource officers who although employed by the local police department are primarily responsible to the school district are acting in conjunction with school officials D. holding that if a church itself operates a day care center a nursing home a private school or a diocesan school system the operations of the center home school or schools would not be subject to the requirements of the ada or this part E. holding that a students private school tuition should be reimbursed where parent did not unilaterally place student in private school because the school district tacitly consented to the private school attendance before proposing a different placement

assistant: The best answer is D. holding that if a church itself operates a day care center a nursing home a private school or a diocesan school system the operations of the center home school or schools would not be subject to the requirements of the ada or this part
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in separate counterparts (delivery of any executed counterpart by facsimile transmission or electronic mail having the same effect as manual delivery thereof), each of which shall constitute an original, but all of which, when taken together, shall constitute but one Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The rights and obligations of the parties to this Agreement shall not be assignable or delegable, except that (i) in the event of the Executive’s death, the personal representative or legatees or distributees of the Executive’s estate, as the case may be, shall have the right to receive any amount owing and unpaid to the Executive hereunder, and (ii) the rights and obligations of the Company hereunder shall be assignable and delegable in connection with any merger, consolidation or sale of all or substantially all of the assets of the Company and any similar event with respect to any successor corporation. Notwithstanding anything herein to the contrary, the rights and obligations of the Company hereunder shall inure to the benefit of, and shall be binding upon, any successor to the Company or its business by merger or otherwise, whether or not there is an express assignment, delegation or assumption of such rights and obligations.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed and delivered simultaneously in multiple counterparts (including delivery by way of electronic or facsimile transmission), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower’s title to any or all of the Subject Property shall be challenged in writing or endangered by any Person whatsoever and the same (a) is not dismissed or cured within ten (10) days and (b) is considered by the Administrative Agent in its reasonable credit judgment to present a material threat to the Collateral.

assistant: Titles
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: BDO USA, LLP who have expressed their opinion with respect to the audited consolidated financial statements of the Company and the Subsidiaries which are incorporated by reference into the Registration Statement, are an independent registered public accounting firm as required by the Securities Act, and the rules and regulations promulgated thereunder, and the Public Company Accounting Oversight Board (United States). PricewaterhouseCoopers LLP, who have been engaged to audit the consolidated financial statements of the Company and the Subsidiaries for the year ended December 31, 2015, are an independent registered public accounting firm as required by the Securities Act, and the rules and regulations promulgated thereunder, and the Public Company Accounting Oversight Board (United States). The financial statements, together with related notes, incorporated by reference in the Registration Statement and Prospectus comply in all material respects with the requirements of the Securities Act and present fairly the consolidated financial position, results of operations and cash flows of the Company and the Subsidiaries at the respective dates or for the respective periods to which they apply; such statements and related notes have been prepared in accordance with generally accepted accounting principles consistently applied throughout the periods involved, except as disclosed therein; and the selected financial data and the summary financial data incorporated by reference into the Prospectus present fairly the information shown therein and have been compiled on a basis consistent with that of the financial statements incorporated by reference in the Registration Statement.

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: of the product rule. Post at 293, 699 A.2d at 682. In particular, the dissent argues that the State never established the independence of the loci tested, post at 290, 699 A.2d at 681, and that the use of the “unmodified” product rule was erroneous, post at 286, 290, 699 A.2d at 679, 681. On this record, the dissent’s arguments are particularly unpersuasive. First, publications reveal that statistical databases used by other laboratories for DQ Alpha and PM loci are often constructed with small groups of blood donors. See, e.g., Kwang Man Woo & Bruce Budowle, “Korean Population Data on the PCR-Based Loci LDLR, GYPA, HBGG, D758, Gc, HLA-DQA1 and D1S80,” 40 J. Forensic Sci. 645 (1995) ( 6, 497 N.W.2d 182 (1993); State v. Copeland, 130 Wash.2d 244, 922 P.2d 1304, 1320-21 (1996) (<HOLDING>). Even on appeal, the defense does not Options: A. holding that in face of expert testimony that database was valid questions concerning size of database and statistical conclusions drawn from it went to weight not admissibility of evidence B. holding that commonlaw actions to augment the size of the estate involving disputed facts to be determined by a jury are not core C. recognizing principle D. holding that questions regarding size of fbis population databases was matter of weight once principle that frequency calculations could be made from an adequate database was determined to be generally accepted E. holding statistical conclusions admissible and questions regarding the size of a tests database goes to the weight not admissibility of the evidence

assistant: The best answer is D. holding that questions regarding size of fbis population databases was matter of weight once principle that frequency calculations could be made from an adequate database was determined to be generally accepted
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: state speech claims, the Pennsylvania Supreme Court has identified several factors to guide an analysis of whether differences exist between federal and state constitutional provisions. Pap’s A.M. v. City of Erie, 571 Pa. 375, 812 A.2.d 591, 603 (2002) (citing Commonwealth v. Edmunds, 526 Pa. 374, 586 A.2d 887, 895 (1991)). Plaintiff has not addressed any of these factors, and our own consideration of them does not indicate the Pennsylvania Constitution differs from the federal constitution in the area of school speech. To the contrary, Pennsylvania state courts have followed federal constitutional principles when considering the speech of teachers in Pennsylvania classrooms, see Fink v. Bd. of Educ. of Warren County Sch. Dist., 65 Pa.Cmwlth. 320, 442 A.2d 837, 839-40, 841-42 (1982) (<HOLDING>), and as a matter of state policy — relevant to Options: A. holding that a school district was not liable for sexual molestation of plaintiffs daughter by a teacher even though the acts occurred on school property and during school hours B. holding the school did not violate the teachers constitutional rights by prohibiting the teacher from reading the bible in class C. holding that the district was not liable under respondeat superior for a teachers sexual assault of a student even though it occurred on school grounds and during school hours because the criminal misconduct was not within the scope of the teachers employment D. holding that a collective bargaining agreement between school board and teachers union established a teachers legitimate claim of entitlement to their positions at elementary school E. holding that school officials may not limit the first amendment rights of students and teachers to freedom of speech and expression

assistant: The best answer is B. holding the school did not violate the teachers constitutional rights by prohibiting the teacher from reading the bible in class
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 shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Agreement shall be brought only in the state courts of New York or in the federal courts located in the state of New York. The parties to this Agreement hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens . The Company and Buyer waive trial by jury. The prevailing party shall be entitled to recover from the other party its reasonable attorney's fees and costs. In the event that any provision of this Agreement or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement or any other Transaction Document by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by 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: a digital video on his computer. Id. In the video, minor children — a brother and a sister — engaged in sexual intercourse with one another. Id. Defendant not only received and solicited child pornography, he used it to groom and sexually abuse a child. Id. Defendant intended to traffic in, or distribute material involving the sexual exploitation of a minor. USSG § 2G2.2(b)(l). “Distribution” is “any act, including possession with intent to distribute, production, advertisement, and transportation, related to the transfer of material involving the sexual exploitation of a minor.” Id. at cmt. (n. 1); United States v. Clawson, 408 F.3d 556, 558 n. 1 (8th Cir.), reh’g and reh’g en banc denied (Aug. 15, 2005). Defendant clearly intended to distribute child pornography, i. (4th Cir.2001) (<HOLDING>). Accordingly, the court held Defendant was not Options: A. holding that the district court did not err in using a previous conviction for gross sexual imposition to enhance a sentence for receiving child pornography B. holding that an enhancement for distribution of child pornography to a minor was improper because the pornographic materials at issue were transmitted to an undercover law enforcement officer who was not a minor C. holding that distribution of child pornography to encourage a meeting to engage in sex was sufficient to warrant enhancement D. holding that trading of child pornography is distribution for purposes of 2g22b2 E. holding that mailing child pornography to another in the expectation of receiving similar materials in return constituted distribution for purposes of 2g22b2

assistant: The best answer is E. holding that mailing child pornography to another in the expectation of receiving similar materials in return constituted distribution for purposes of 2g22b2
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 indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company and the Agents herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of the Agents, any controlling persons, or the Company (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Plan and all instruments issued thereunder or in connection therewith, shall be governed by, and interpreted in accordance with, the laws of the jurisdiction in which the Grantee is generally employed by the Company or provides services to the Company, excluding the choice of law rules thereof .

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 legal provision and list the applicable contract clause categories. Provision: From and after the date hereof, you shall reasonably cooperate with TA and its subsidiaries with respect to all matters arising during or related to your employment, including all matters (formal or informal) in connection with any government investigation, internal investigation, litigation (potential or ongoing), regulatory or other proceeding which may have arisen or which may hereafter arise. TA will reimburse you for all out-of-pocket expenses (not including lost time or opportunity), and will provide appropriate legal representation at such times and in a manner determined by TA in its sole discretion.

assistant: Cooperation
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: was reasonable, it believes that plaintiffs have met the Tenth Circuit’s modified interpretation of the “likelihood of success” requirement. The court believes that plaintiffs have successfully shown “questions going to the merits so serious, substantial, difficult and doubtful, as to make the issues fair ground for litigation and deserving of more deliberate investigation.” See Buca, 18 F.Supp.2d at 1201 (citing City of Chanule, 754 F.2d 310 and Otero Sav. & Loan Ass’n, 665 F.2d 275). Moreover, the court believes that if plaintiffs ultimately prevail on a theory of promissory estoppel, the covenant would be enforceable to the extent that it protects any legitimate business interest beyond mere competition. See Eastern Distrib. Co., Inc. v. Flynn, 222 Kan. 666, 567 P.2d 1371 (1977) (<HOLDING>). The court concludes from the record before it Options: A. holding that the restraint of a covenant not to compete must be reasonable under the facts and circumstances of the particular case and that only a legitimate business interest may be protected by the covenant B. holding employment agreement consisting entirely of a covenant not to compete unenforceable because the covenant must be supported by valuable consideration C. holding that michigan courts would not enforce a covenant not to compete which violates mcla 445761 even though the covenant would have been enforceable in missouri where the contract was executed D. holding that a covenant not to compete for two years was enforceable E. holding that in the employment context cause of action seeking tort remedies for breach of implied covenant is not permitted recovery for breach of this covenant is limited to contract remedies

assistant: The best answer is A. holding that the restraint of a covenant not to compete must be reasonable under the facts and circumstances of the particular case and that only a legitimate business interest may be protected by the covenant
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 together with the License Agreement and the Operating Agreement (the “ Transaction Documents ”), and the other documents, exhibits and schedules referred to herein and therein, constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and supersede any and all prior oral and written, and all contemporaneous oral, agreements or understandings pertaining thereto. There are no agreements, understandings, restrictions, warranties or representations relating to such subject matter among the parties other than those set forth herein, in the other Transaction Documents and in the other documents, exhibits and schedules referred to herein and therein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or constitutional rights of which a reasonable person would have known.’ ” Hathaway v. Coughlin, 37 F.3d 63, 67 (2d Cir.1994) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982)). Even when a plaintiffs federal rights are well-defined, a defendant may successfully claim qualified immunity “if it was objectively reasonable for the public official to believe that his acts did not violate those rights.” Kaminsky v. Rosenblum, 929 F.2d 922, 925 (2d Cir.1991). The use of summary judgment by government officials claiming qualified immunity is expressly encouraged to reduce the burden of defending insubstantial suits. See Harlow v. Fitzgerald, 457 U.S. at 815-16, 102 S.Ct. at 2736-37; see also Cartier v. Lussier, 955 F.2d 841, 844 (2d Cir.1992) (<HOLDING>). In short, plaintiffs claims will withstand Options: A. holding that the defendants were entitled to qualified immunity where the plaintiff failed to demonstrate that speech was public concern B. holding that factual disputes will result in denial of summary judgment only when they pertain to the qualified immunity defense C. holding that defendants are not entitled to qualified immunity D. holding that where defendant claiming qualified immunity relies on facts that are in dispute qualified immunity cannot be granted E. holding that defendants claiming qualified immunity to 1983 action were entitled to summary judgment where factual disputes were not material

assistant: The best answer is E. holding that defendants claiming qualified immunity to 1983 action were entitled to summary judgment where factual disputes were not material
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: finds that Jackie’s argument that her communications are privileged is without merit. The court is unaware of any authority that holds that Virginia Code § 63.2-104.1 creates a patient-counselor privilege, and the court declines to do so in this ease. In addition, the statutory language permits disclosure of protected information in response to a court mandate, which provides further support for the court’s finding that the statute does not establish an evidentiary privilege. Even assuming that the court could find that this statute establishes a patienhcounselor privilege, it appears that Jackie may have waived such privilege by voluntarily disclosing the contents of her communications with Eramo and UVA to defendants. See United States v. Bolander, 722 F.3d 199, 223 (4th Cir.2013) (<HOLDING>). Accordingly, the court finds that Request Options: A. holding that production of documents without a claim of privilege waives the right to later claim that privilege B. holding that a patient waives the patientpsychotherapist privilege by voluntarily disclosing the substance of therapy sessions to third parties C. holding that an invocation of the advice of counsel defense waives the attorneyclient privilege D. holding that a party waives the attorneyclient privilege when it voluntarily consents to the disclosure of any significant part of the communication in issue E. holding that a claim for ineffective assistance of counsel waives attorneyclient privilege

assistant: The best answer is B. holding that a patient waives the patientpsychotherapist privilege by voluntarily disclosing the substance of therapy sessions to third parties
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: . Appellants' own testimony at trial confirms that they experienced various health problems with the dairy herd in 2004, in addition to the unusual fluctuations in milk production which Appellants do not dispute. See supra note 6. We therefore accept the trial court's findings concerning the timing and nature of the property damage sustained by the dairy herd. As the Superior Court admirably noted, it is not the role of an appellate court to reweigh the evidence. 13 . The Superior Court’s discussion of the multiple trigger theory of liability in Consulting Engineers was central to its trigger of coverage analysis in that case, and therefore carries precedential value given this Court’s adoption of that court’s opinion. See Commonwealth v. Tilghman, 543 Pa. 578, 673 A.2d 898, 904 (1996) (<HOLDING>). 14 . Even if we agree with Appellants that Options: A. holding that notwithstanding the above and beyond language on the disposition form the discussion at resentencing revealed that the trial court understood its obligation to and its intent to give the defendant credit for time served B. holding where an appellate court affirms trial courts grant of summary judgment on a particular ground the appellate court need not discuss the remaining grounds C. 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 D. holding that the trial court had no jurisdiction to modify its final order more than 30 days after its final judgment E. holding that when this court per curiam affirms on the basis of the lower courts opinion it not only signals agreement with the result but also with the rationale employed in reaching its final disposition on matters essential to its holding

assistant: The best answer is E. holding that when this court per curiam affirms on the basis of the lower courts opinion it not only signals agreement with the result but also with the rationale employed in reaching its final disposition on matters essential to its holding
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 3) whether the ordinance leaves open alternative means of expression. The City has argued that it has a significant interest in controlling traffic and ensuring the convenience and safety of its citizens. The City submitted affidavits attesting to increased traffic on Saturday mornings and the need for local citizens to have access to doctors’ offices, a drug store and other businesses. It is well established that these are significant governmental interests. Cox v. State of Louisiana, 379 U.S. 536, 553-55, 85 S.Ct. 453, 464,13 L.Ed.2d 471 (1965) (“Governmental authorities have the duty and responsibility to keep their streets open and available for movement.”); see also Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 506-09, 101 S.Ct. 2882, 2892-93, 69 L.Ed.2d 800 (1981) (<HOLDING>). Accordingly, the City has met the first of Options: A. holding that traffic safety is a substantial government goal B. holding that the government is immune from liability for its choice of traffic protection devices C. recognizing that concerns for officer safety warrant criminal history check during traffic stop D. holding that the national highway traffic safety commission acted arbitrarily and capriciously in revoking a motor vehicle safety standard without supplying a reasoned analysis E. holding that sex offender registration statute is civil and nonpunitive and recognizing that ejnsuring public safety is a fundamental regulatory goal

assistant: The best answer is A. holding that traffic safety is a substantial government goal
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 Plan is incorporated herein by reference. This Agreement and the Plan constitute the entire agreement of the parties and supersede all prior undertakings and agreements with respect to the subject matter hereof. If any inconsistency should exist between the nondiscretionary terms and conditions of this Agreement and the Plan, the Plan shall govern and control.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Agreement will be interpreted and applied in accordance with the substantive laws of the State of New York, without giving effect to its choice of law or conflict of law provisions, rules or procedures (except to the extent that the validity, perfection or creation of any lien or security interest hereunder and the exercise of rights or remedies with respect of such lien or security interest for a particular item of equipment are governed by the laws of a jurisdiction other than New York). With respect to any Customer who is incorporated or based outside the United States, to the extent that such Customer or any of its property becomes entitled at any time to any immunity on the grounds of sovereignty or otherwise from any legal action, suit or proceeding of any nature, Customer hereby irrevocably waives the application of such immunity and particularly, the U.S. Foreign Sovereign Immunities Act, 28 U.S.C. 1602, et. seq., insofar as such immunity relates to Customer's rights and obligations in connection with this Agreement.

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: CURIAM. Based upon the scant record before us, which does not include a transcript of the proceeding below or an appropriate substitute, we cannot conclude that the lower court abused its discretion when it entered a final judgment of dismissal. For this same reason, we also cannot find that the order denying appellant’s motion to set aside final judgment, due to the appellant’s failure to appear for the duly scheduled trial of this cause and/or failure to contact the court or opposing counsel requesting a continuance was an abuse of discretion. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979) (<HOLDING>); Prymus v. Prymus, 753 So.2d 742 (Fla. 3d DCA Options: A. holding that it is the appellants burden to present a record to overcome the presumption of correctness of the trial courts findings B. holding that in appellate proceedings the decision of the trial court has the presumption of correctness and the burden is on the appellant to demonstrate error C. holding that it is the duty of the appellant to overcome the presumption of the correctness of the trial courts judgment by demonstrating some reversible error D. holding that where the appellant has failed to demonstrate error the court is not required to search the record for an error E. holding that although the presumption of correctness applies to the ultimate classification decision the presumption carries no force as to questions of law

assistant: The best answer is B. holding that in appellate proceedings the decision of the trial court has the presumption of correctness and the burden is on the appellant to demonstrate error
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: I agree that during and after my employment or relationship with the Company ends for any reason, I will not make any false, disparaging or derogatory statement(s) to any media outlet, industry group, financial institution, current or former employee, consultant, client or customer of the Company, or any other entity or person, which are adverse to the interests, products, services or personnel of the Company or its and their customers or vendors. I further agree that I will not take any action that may reasonably cause the Company, its customers or its vendors embarrassment or humiliation, and I will not otherwise directly or indirectly cause the Company, its customers or its vendors to be held in disrepute.

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: part, he did not dispute the court clerk’s decision to dismiss the judgment of child support delinquency or the state’s decision to reinstate his driver’s license, which had been suspended because of the back child support owed. Further, he made no effort in three years to set his petition for modification for hearing until the trial court noticed that it would be sua sponte dismissed. The husband’s argument that there was no agreement because it was not reduced to writing is unpersuasive. Under similar facts, this court has.rejected the same argument. See Cohen v. Cohen, 629 So.2d 909 (Fla. 4th DCA 1993); see also Farrell v. Farrell, 661 So.2d 1257, 1259 (Fla. 3d DCA 1995); Loss v. Loss, 608 So.2d 39, 43 (Fla. 4th DCA 1992); Roskind v. Roskind, 552 So.2d 1155, 1156 (Fla. 3d DCA 1989) (<HOLDING>); Silva v. Silva, 467 So.2d 1065 (Fla. 3d DCA Options: A. holding that a court may only enforce a settlement agreement if it constitutes an enforceable contract B. holding that it is not C. holding that a settlement agreement is not a court order and therefore a violation of the settlement agreement would not subject a party to contempt D. holding that the courts review is limited to ascertaining whether there is clear error on the face of the record E. holding that a stipulation properly entered into the record where there is a clear understanding of the finality of that agreement is an effective and enforceable settlement notwithstanding that it is subject to reduction to a written document

assistant: The best answer is E. holding that a stipulation properly entered into the record where there is a clear understanding of the finality of that agreement is an effective and enforceable settlement notwithstanding that it is subject to reduction to a written document
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: officials); Doe v. State of La., 2 F.3d 1412, 1421 (5th Cir.1993) (concurring opinion) (noting that while “the actions of which Doe complains are egregious”, that fact alone “does not mean that he has asserted the violation of a federally protected right, as required by 42 U.S.C. § 1983”); Fee v. Herndon, 900 F.2d 804, 808 (5th Cir.) (“[T]he Constitution is not a criminal or civil code to be invoked invariably for the crimes or torts of state educators who act in contravention of the very laws designed to thwart [abuse by teachers].”), cert. denied, 498 U.S. 908, 111 S.Ct. 279, 112 L.Ed.2d 233 (1990). In fact, this Court has even held that a rape perpetrated by a state official was not an act under color of state law. City of Green Cove Springs v. Donaldson, 348 F.2d 197 (5th Cir.1965) (<HOLDING>); see also Screws, 325 U.S. at 108-09, 65 S.Ct. Options: A. holding that a janitorial workers sexual assault of a student deviated from his duties and was clearly outside of the scope of his employment B. holding that a police officers rape of an arrestee was outside the scope of his employment C. holding neither a phone call by the police requesting an arrestee to come to the station for questioning nor the questioning of an arrestee at the station was a seizure within the meaning of the fourth amendment D. holding intentional assault by coworker to be outside the course and scope of employment E. holding that transportation of arrestee to police station is service of police under the ada

assistant: The best answer is B. holding that a police officers rape of an arrestee was outside the scope of his employment