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 legal provision and list the applicable contract clause categories. Provision: The Company shall pay you a base salary at the rate of $525,000 per year, payable in accordance with the regular payroll practices of the Company and subject to annual review by the Compensation Committee of the Board (the “ Compensation Committee ”) (such base salary, as in effect from time to time, “ Base Salary ”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that a defendant is “able to provide.” Id. ¶ 12. The statute in Keller is also part of a recoupment scheme whereby a state seeks to recover costs from providing court-appointed counsel to indigent defendants. not support her argument. The fact that Fuller and its progeny require a finding of ability to pay does not mean that one is required here because those cases concern whether schemes to exact payment for the costs of appointed counsel from criminal defendants unconstitutionally impinge upon the exercise of the Sixth Amendment right to counsel. Here, no constitutional right to counsel is implicated; the trial court instead ordered defendant to pay the costs of caring for her animals during the litigation. See State v. Diamondstone, 132 Vt. 303, 305, 318 A.2d 654, 656 (1974) (<HOLDING>). ¶ 14. Defendant also cites State v. Haught, Options: A. holding that where the language of the statute required the imposition of both confinement of which a portion could not be suspended and a fine the court had the ability to impose a fine and then suspend it B. holding that under fuller sixth amendment requires trial court to make finding that defendant has or will have ability to pay reimbursement amount within statutory time period before imposing payment obligation C. holding that the statute in effect at that time ie section 7750832b florida statutes 2003 required the court to conduct an inquiry into the defendants ability to pay the fine before imposing it D. holding that court not required to find ability to pay before imposing criminal fine E. recognizing that because a district courts determination of the appropriate fine involves factual issues including the defendants ability to pay the fine imposedthe district courts calculation of the fine is entitled to deference and can be reversed on appeal only for clear error

assistant: The best answer is D. holding that court not required to find ability to pay before imposing criminal fine
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: trial court to strike the improper findings of violation). AFFIRMED and REMANDED with directions. WOLF, C.J.; PADOVANO and POLSTON, JJ., concur. 1 . The State argues that the trial court’s finding that appellant violated his probation by leaving the scene of a traffic accident involving property damage was permissible because leaving the scene of an accident involving property damage only, in violation of section 316.061, Florida Statutes (2002), is a lessor included offense of leaving the scene of an accident involving injury, in violation of section 316,027 (2002). The trial court did not, however, find that appellant committed a lesser offense. Rather, it found that appellant committed both offenses. This cannot be so. See Peterson v. State, 775 So.2d 376, 377-78 (Fla. 4th DCA 2000) (<HOLDING>). 2 . The Appellant also argues that the trial Options: A. holding that an automobile dealers liability insurer was not liable for any damage allegedly caused by the negligence of the dealer and sustained in an accident involving an automobile purchased from the dealer or to defend the dealer in the negligence action where the injury occurred outside of the policy period and occurrence was defined in the policy as an accident including injurious exposure to conditions which results during the policy period in bodily injury or property damages B. holding that the defendant was guilty of leaving the scene because the injured party and a police officer were present at the scene within a reasonable time after the accident C. holding that the words at the scene imply a specific place and limit rather than expand the officers power to arrest and the scene is the place where the accident occurred D. holding scene of accident was suspicious place E. holding that convictions for both leaving the scene of an accident involving injury and leaving the scene of an accident involving property damage only were inconsistent and therefore could not be sustained

assistant: The best answer is E. holding that convictions for both leaving the scene of an accident involving injury and leaving the scene of an accident involving property damage only were inconsistent and therefore could not be sustained
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: Id. If there is evidence in the record, including affidavits, exhibits, interrogatory answers, and depo sitions, as to any material fact from which an inference could be drawn in favor of the non-movant, summary judgment is unavailable. See Lane v. New York State Electric & Gas Corp., 18 F.3d 172, 176 (2d Cir.1994). Notably, “the trial court’s task at the summary judgment motion state of litigation is carefully limited to discerning whether there are genuine issues of material fact to be tried, not to decide them. Its duty, in short, is confined at this point to issue-finding, it does not extend to issue resolution.” Gallo v. Prudential Residential Servs. Ltd., 22 F.3d 1219, 1224 (2d Cir.1994); see Donahue v. Windsor Locks Board of Fire Commissioners, 834 F.2d 54, 57 (2d Cir.1987) (<HOLDING>). B. CERCLA The Comprehensive Environmental Options: A. holding that when there are no genuine issues of material fact summary judgment is appropriate B. holding that on a motion for summary judgment the court cannot try issues of fact it can only determine whether there are issues to be tried C. holding that a probable cause determination is appropriate for summary judgment where there are no genuine issues of material fact and no credibility issues D. holding that the function of the trial court on a motion for summary judgment is to determine whether issues of fact exist and not to decide the merits of the issues themselves E. holding that under florida law a court hearing a case on a motion for a summary judgment can only consider those issues raised by the pleadings

assistant: The best answer is B. holding that on a motion for summary judgment the court cannot try issues of fact it can only determine whether there are issues to be tried
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 a contractual obligation to share in operating costs.”); see also Union Pacific R.R. v. United States, 52 Fed.Cl. 730, 733 (2002) (dismissing indemnity claim, but permitting plaintiff to show damages for breach of contract if it could prove its loss was a “direct and foreseeable consequence of [the government’s] breach of some other contractual duty”); Johns-Manville Corp. v. United States, 12 Cl.Ct. 1, 19 (1987) (explaining that indemnity claims seek all losses within the scope of an indemnity clause, while breach claims generally seek expectation damages), subsequent ruling, 13 Cl.Ct. 72 (1987), vacated for lack of jurisdiction under 28 U.S.C. § 1500, 855 F.2d 1571 (Fed. Cir. 1988). Compare Massachusetts Bay Transp. Auth. v. United States, 129 F.3d 1226, 1232 (Fed. Cir. 1997) (<HOLDING>), with Rick’s Mushroom Serv., Inc. v. United Options: A. holding that the government was liable for partial breach of contract B. holding the government liable to plaintiffs for breach of contract C. holding that plaintiff stated a claim for breach of contract when it alleged the government failed to purchase insurance for plaintiff as agreed by contract D. holding that insurance obligation was primary to indemnity obligation E. holding government could be liable for breach of a contractual obligation to purchase insurance for plaintiff

assistant: The best answer is E. holding government could be liable for breach of a contractual obligation to purchase insurance for plaintiff
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: not explicitly mentioning the prior art problem of having to store complete copies of the web site’s content on multiple servers, claim 6 contains provisions that refer to the solution to this problem: the preamble language indicating that the nodes (servers) contain different resources, and the steps relating to the delayed resource-binding aspect of the invention. The claim does not, however, make any reference to the bottleneck problem or to the bypass solution of that problem. Therefore, without explicit claim language relating to the bottleneck problem, we see no reason why the invention as recited in claim 6 must include the bypass feature described in the written description as a solution to that problem. See Honeywell, Inc. v. Victor Co. of Japan, 298 F.3d 1817 (Fed.Cir.2002) (<HOLDING>). Alteon also relies on the “Detailed Options: A. holding that the computer readable code claimed in claim 6 the product claim was a part or component of that invention B. holding that claimed invention did not need to solve both problems in the prior art when claim included language addressing only one problem C. recognizing that courts must be careful not to allow hindsight reconstruction of references to reach the claimed invention without any explanation as to how or why the references would be combined to produce the claimed invention D. holding that the moving party must show prior art references which alone or combined with other references would have rendered the invention obvious to one of ordinary skill in the art at the time of the invention E. holding that the one challenging the patent must in part show that the subject matter of the sale or offer to sell fully anticipated the claimed invention or would have rendered it obvious by its addition to the prior art

assistant: The best answer is B. holding that claimed invention did not need to solve both problems in the prior art when claim included language addressing only one problem
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 Financing Agreement to which any Obligor is a party constitutes the legal, valid and binding obligations of such Obligor, enforceable against such Obligor in accordance with their respective terms, except as enforceability may be limited by applicable bankruptcy, insolvency, or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability.

assistant: Binding Effects
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: an inference that the true requesting party is plaintiff Feiger himself. The letters were written on law firm letterhead, but the circumstances leading to the FOIA request could make nearly all the firm employees interested parties. Of course, a personal interest in the events is not necessary to justify a request for information. “Anyone whose request for specific information has been denied has standing to bring an action; the requester’s circumstances — why he wants the information, what he plans to do with it, what harm he suffered from the failure to disclose — are irrelevant to his standing.” Zivotofsky ex rel. Ari Z. v. Sec’y of State, 444 F.3d 614, 617 (D.C.Cir.2006); see also Public Citizen v. U.S. Dep’t of Justice, 491 U.S. 440, 449, 109 S.Ct. 2558, 105 L.Ed.2d 377 (1989) (<HOLDING>). However, there must be an identity between Options: A. holding ripe for review advisory guidelines for processing freedom of information act requests B. holding that personnel records or conduct investigative records regarding police officers are exempt from disclosure under virginias freedom of information act which exempts personnel records from disclosure C. holding under orleans that a federally funded private medical research organization is not an agency for purposes of the freedom of information act D. holding that refusal to disclose records under faca constituted sufficient injury to bestow standing similar to when an agency denies requests for information under the freedom of information act E. recognizing privacy interest in medical records requested under freedom of information act

assistant: The best answer is D. holding that refusal to disclose records under faca constituted sufficient injury to bestow standing similar to when an agency denies requests for information under the freedom of information act
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: courts reached a decision contrary to that reached by the Supreme Court on a question of law, or alternatively, whether the Iowa courts correctly identified the applicable principles of federal law but then unreasonably applied that law to the facts of Swartz’s claim. See, e.g., Newman, 247 F.3d at 850-52 (discussing Williams); Weaver, 241 F.3d at 1029-30 (same); Closs v. Weber, 238 F.3d 1018, 1020 (8th Cir.2001) (same); Copeland v. Washington, 232 F.3d 969, 973 (8th Cir.2000) (same). The United States Constitution provides that: “No ... ex post facto Law shall be passed.” U.S. Co conjunction with 18 U.S.C. § 922(g)(1)). Swartz also relied on Supreme Court precedent and asked the court to extend one of its legal principles to a new context. See Weaver, 450 U.S. at 24, 101 S.Ct. 960 (<HOLDING>). In response, the respondent cited a Fourth Options: A. holding that every law that changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed is an ex post facto law within the words and the intent of the prohibition B. holding similar statutory amendment violated ex post facto clause when applied to inmate who committed his crime before enactment of amendment C. holding that the ex post facto clause has no application to deportation D. holding that state work release regulation was not an ex post facto law E. holding law which decreased the amount of gaintime credits awarded for an inmates good behavior violated the ex post facto clause because the application of such law changed the legal consequences for a crime committed before the law took effect

assistant: The best answer is E. holding law which decreased the amount of gaintime credits awarded for an inmates good behavior violated the ex post facto clause because the application of such law changed the legal consequences for a crime committed before the law took effect
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: raises a novel issue of state law. “[District courts possess discretion in determining whether and when to entertain an action under the Declaratory Judgment Act, even when the suit otherwise satisfies subject matter jurisdictional prerequisites.” Wilton v. Seven Falls Co., 515 U.S. 277, 281-82, 115 S.Ct. 2137, 2140, 132 L.Ed.2d 214 (1995) (citing Brillhart v. Excess Ins. Co., 316 U.S. 491, 62 S.Ct. 1173, 86 L.Ed. 1620 (1942)). In declaratory judgment actions, “[T]he normal principle that federal courts should adjudicate claims within their jurisdiction yields to considerations of practicality and wise judicial administration.” Id. at 288, 115 S.Ct. at 2143. Here, there is no pending state court proceeding on the same issues involved in this action. Cf. id. at 289-90, 115 S.Ct. at 2144 (<HOLDING>). Wiggins contends that this action presents an Options: A. holding that pursuit of a parallel state court lawsuit involving claims and parties common to the federal action does not justify the district courts intervention in state court proceedings B. holding that the district court act ed within its bounds in staying this action for declaratory relief where parallel proceedings presenting opportunity for ventilation of the same state law issues were underway in state court even when the federal proceeding began before the state one C. holding that allegation of inadequate ventilation in prison may state a claim for relief D. holding that the district court in that case properly abstained from hearing a case brought under the declaratory judgment act as a matter of its discretion where a parallel or concurrent action in state court was already underway E. holding that the district court had discretion to stay declaratory judgment action where parallel proceedings presenting opportunity for ventilation of the same state law issues were underway in state court

assistant: The best answer is E. holding that the district court had discretion to stay declaratory judgment action where parallel proceedings presenting opportunity for ventilation of the same state law issues were underway in state 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 legal provision and list the applicable contract clause categories. Provision: During the Term, the Executive shall devote the Executive’s full business time and attention to the business and affairs of the Company; provided, however, that it shall not be a violation of this Agreement for the Executive to continue to serve on those for-profit and not-for-profit boards on which he is serving as of the Start Date and, with the approval of the Board, any additional boards, and to devote reasonable periods of time to charitable and community activities and industry or professional activities, and/or to manage personal affairs, so long as any such board service and other activities do not interfere with the performance of the Executive’s responsibilities under this Agreement.

assistant: Duties
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 parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee of $4,500 ($7,500 if such Lender is a Defaulting Lender as such time) for each assignment, and the assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire. If requested by the transferor Lender or the Eligible Assignee, upon the consummation of any assignment, the transferor Lender, the Administrative Agent and the Borrower shall make appropriate arrangements so that new Notes are issued to the Eligible Assignee and such transferor Lender, as appropriate. In no event shall the consummation of any such assignment subject Borrower or any other Loan Party to any fees, costs or expenses.

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: Borrowers (a) will deliver to Lender each of the financial statements, reports, and other items set forth on Schedule 5.1 to this Agreement no later than the times specified therein, (b) agree that no Restricted Subsidiary of a Loan Party will have a fiscal year different from that of Parent, (c) agree to maintain a system of accounting that enables Borrowers to produce financial statements in accordance with GAAP, and (d) agree that they will, and will cause each other Loan Party to, (i) keep a reporting system that shows all additions, sales, claims, returns, and allowances with respect to their and their Restricted Subsidiaries' sales, and (ii) maintain their billing systems and practices substantially as in effect as of the Closing Date and shall only make material modifications thereto with notice to, and with the consent of, Lender.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we also reserve the right to respond to user support requests or reports provided through the viber app , or protect the rights , property or safety of viber , its users and the public .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is AFFIRMED, and its final judgment for Howerin is VACATED. The case is REMANDED for further proceedings consistent with this opinion. SO ORDERED. 1 . Section 881(a)(7) states that any real property that is used to facilitate the commission of a drug offense is subject to forfeiture to the United States. 2 . The procedure for in rem forfeiture actions under 21 U.S.C. § 881 is set forth in the Supplemental Rules for Certain Admiralty and Maritime Claims. See 21 U.S.C. § 881(b). 3 .Other circuits have reached similar, but distinguishable, conclusions. See United States v. Smith, 966 F.2d 1045, 1053-54 (6th Cir.1992) (using deed to define "property” in 21 U.S.C. § 853(a)(2), a criminal forfeiture statute); see also United States v. Plat 20, Lot 17, 960 F.2d 200, 205-06 (1st Cir.1992) (<HOLDING>). The Ninth Circuit has stated that the deed Options: A. holding that a cause of action for damages to property resulting from a permanent nuisance accrues to the owner of the land at the time the injury begins to affect the land and mere transfer of the land by deed does not transfer the claim for damages B. holding that for purposes of initial seizure warrant in forfeiture action the government may seize land according to the description contained in the deed C. holding that the deed and not the historical description of the land determines what land constitutes the forfeitable property D. holding a quitclaim deed yields only such interest in land as the grantor had at the time of the making of such deed E. holding that a typographical error in a security deed does not necessarily invalidate the legal description when the deed also referred to the propertys physical address

assistant: The best answer is B. holding that for purposes of initial seizure warrant in forfeiture action the government may seize land according to the description contained in the deed
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 Employer shall have the right to make such provisions as it deems necessary or appropriate to satisfy any obligation it may have to withhold federal, state or local income or other taxes incurred by reason of payments pursuant to the Plan. In lieu thereof, the Company and/or the Employer shall have the right to withhold the amounts of such taxes from any other sums due or to become due from the Company and/or the Employer to the Participant upon such terms and conditions as the Committee may prescribe.

assistant: Withholdings
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 Buyer is a Nevada corporation duly organized, validly existing and in good standing under the laws of the State of Nevada. The Buyer: (a) has all requisite power and authority, and has (or will at the Closing have) all governmental licenses, authorizations, consents and approvals, necessary to own its assets and carry on its business as now being or as proposed to be conducted; and (b) is qualified to do business in all jurisdictions in which the nature of the business conducted by it makes such qualification necessary.

assistant: Organizations
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: reasonably be viewed as so affecting the fairness and reliability of the proceeding that confidence in the outcome is undermined. See Maxwell v. Wainwright, 490 So.2d 927, 933 (Fla.1986) (citing Strickland, 466 U.S. at 668, 104 S.Ct. 2052). Thus, based on Strickland and Maxwell, we find that the record conclusively shows Franqui is not entitled to relief on this claim. Finally, in the penalty phase, the prosecutor made comments that tended to disparage Franqui’s mitigation. The prosecutor argued, “That’s the world of Dr. Toomer [Franqui’s mental mitigation expert], folks. Through the looking glass at Disney World. Make believe. Use your common sense.” This comment, suggesting that the mental mitigation is make-believe or a fantasy, is improper. See, e.g., Brooks, 762 So.2d at 904 (<HOLDING>). We have “long recognized that a prosecutor Options: A. holding that it is not B. holding that a district court can cure the effect of an improper prosecutorial comment with a jury instruction C. holding that alleged prosecutorial misconduct must be evaluated in light of the prosecutors argument and the entire record and if a review of the record convinces the court that the jury would have convicted defendant even if it were not exposed to the alleged improper prosecutorial comments then no actual prejudice occurred D. holding that prosecutorial denigration of a defendants mitigation by suggesting it is phantom is improper E. holding failure to turn over brady material after prosecutorial phase of case had begun was covered by absolute prosecutorial immunity

assistant: The best answer is D. holding that prosecutorial denigration of a defendants mitigation by suggesting it is phantom is improper
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: Neither the execution nor delivery by such Purchaser of this Agreement or any Transaction Document to which such Purchaser is a party, nor the consummation or performance by such Purchaser of the transactions contemplated hereby or thereby will, directly or indirectly, (a) contravene, conflict with, constitute a default (or an event or condition which, with notice or lapse of time or both, would constitute a default) under, or result in the termination or acceleration of, any agreement or instrument to which such Purchaser is a party or by which the properties or assets of such Purchaser are bound; or (b) contravene, conflict with, or result in a violation of, any Law or Order to which such Purchaser, or any of its properties or assets, may be subject.

assistant: No Conflicts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Use the proceeds of any Loan other than for repayment of all amounts outstanding under the Existing Credit Agreement, to fund fees and expenses associated with this Agreement and for general corporate purposes. Without limiting the foregoing, the Borrower will not, directly or knowingly indirectly, use the proceeds of any advance, or lend, contribute or otherwise make available such proceeds, to any subsidiary, joint venture partner or other Person (A) to fund any activities or business of or with any Person, or in any country or territory, that at the time of such funding, is, or whose government is, the subject of Sanctions, (B) in any other manner that would result in a violation of Sanctions by any Person including, without limitation, the Borrower, the Lenders and the Administrative Agent or (C) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws.

assistant: Use Of Proceeds
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 may be amended or modified only by an instrument signed by the Investor and the Company. A waiver of any provision of the Agreement must be in writing, designated as such, and signed by the party against whom enforcement of that waiver is sought. The waiver by a party or a breach of any provision of the Agreement will not operate or be construed as a waiver of any subsequent or other breach thereof. The Agreement supersedes any earlier agreements or understandings between the Investor and the Company.

assistant: Integration
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: no recovery is possible” Id. Jones reasserts her claim that Nationwide’s practice of reimbursing the insured’s deductible from the insurer’s subrogation only on a pro rata basis calculated upon the percent of the insurer’s recovery from a third party violates the common law made whole doctrine. Relying on Superior Court and federal court cases applying Pennsylvania law, Jones asserts, “Pennsylvania law provides that an insurance company cannot exercise its right of subrogation until the insured has been fully compensated or ‘made whole.’ ” Brief at 6 (citing inter alia, Gallop v. Rose, 420 Pa.Super. 388, 616 A.2d 1027, 1031 (1992); Nationwide Mut. Ins. Co. v. DiTomo, 330 Pa.Super. 117, 478 A.2d 1381, 1383 (1984); Walls v. City of Pittsburgh, 292 Pa.Super. 18, 436 A.2d 698, 701 (1981) (<HOLDING>)). She observes that in Valora v. Pa. Employees Options: A. holding that the language of 9133 applies only to insurers and not to the insurers employees B. holding that insureds criminal convictions were sufficient to preclude relitigation of the issue of the insureds subjective intent for purposes of evaluating the insurers duty to defend C. holding that a jury question as to an insurers bad faith arises when facts permit differing inferences as to the reasonableness of the insurers conduct D. holding insurers right to subrogation arises only upon the insurers showing that the sum of the insureds recovery from the insurer and from persons legally responsible for the injury exceeds the insureds loss E. holding that an insurers duty to defend arises from the allegations in the complaint against the insured

assistant: The best answer is D. holding insurers right to subrogation arises only upon the insurers showing that the sum of the insureds recovery from the insurer and from persons legally responsible for the injury exceeds the insureds loss
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: we provide the services for us government end use solely in accordance with the following : ( a ) the services are licensed only as commercial items ; and ( b ) the us government will have the same rights as all other end users pursuant to these terms .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: employees of the crime lab would be limited-term appointees subject to URI employment rules and practices, the amendments did not alter Wilkinson’s preexisting protected status by rendering his previous crime-lab appointment one that was statutorily specified. We first consider whether, as of 1994, Wilkinson possessed a legitimate claim of entitlement to continued employment under the merit system. A “state employee who, under state law or rules promulgated by state officials, has a legitimate claim of entitlement to continued employment absent sufficient cause for discharge, may demand the procedural protection of due process.” Lynch v. Gontarz, 120 R.I. 149, 157, 386 A.2d 184, 188 (1978); see also Barber v. Exeter-West Greenwich School Committee, 418 A.2d 13, 19-20 (R.I.1980) (<HOLDING>). The United States Supreme Court has had Options: A. holding that a public employee who can be discharged only for cause is entitled to at least some informal due process before he can be terminated B. holding that the federal due process clause protects a state employee who under state law has a legitimate claim of entitlement to state employment C. holding a tenured state employee has a property right to continued employment and must be accorded due process before serious disciplinary sanctions D. holding that a tenured teacher who can be dismissed only for good cause has a legitimate claim of entitlement to his or her position and may not be deprived of it without due process of law E. holding that applicants for welfare benefits had a property interest or legitimate claim of entitlement and were entitled to due process to protect that interest

assistant: The best answer is D. holding that a tenured teacher who can be dismissed only for good cause has a legitimate claim of entitlement to his or her position and may not be deprived of it without due process 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: or for whom a member organization extends, arranges or maintains any credit.” 39 . As a result of the fact that this Court is granting the Defendant’s Motion to Compel Arbitration (Doc. No. 15), the Plaintiff's, IFG Securities, motions seeking injunctive relief to prevent arbitration necessarily must fail. Thus, insofar as Judge Spaulding’s R & R recommends denying IFG Securities’ Motion for Preliminary and Permanent Injunction (Doc. No. 2), this Court adopts her findings and legal conclusions. 40 . In reaching this conclusion, this Court emphasizes that merely being a customer of a NASD member or a NASD member’s associated person is not enough to entitle an investor to arbitration against a NASD member. See, e.g., Wheat, First Sec., Inc. v. Green, 993 F.2d 814, 820-21 (11th Cir.1993) (<HOLDING>). The investor must also offer a plausible Options: A. holding that no prohibition prevents the imposition of liability vicariously on corporate persons on account of the acts of their agents particularly where the corporation benefitted by those acts B. holding that defendantinvestors were not customers of nasd member firm on account of their relationship with agents of the firms predecessorininterest because the acts giving rise to the question of arbitrability occurred before the plaintiff became a successorininterest C. holding that the plaintiff was required to arbitrate his claim which accrued before he became bound by the arbitration rules of the new york stock exchange because he was fully aware of the existing claim at the time he became a member of the exchange and became bound by its arbitration rules D. holding an attorney who carries on representation of an existing case after a law firm dissolves does so on the firms behalf and any income derived from the case belongs to the dissolved firm E. holding that the principal is liable for an agents acts committed within the scope of the agents employment

assistant: The best answer is B. holding that defendantinvestors were not customers of nasd member firm on account of their relationship with agents of the firms predecessorininterest because the acts giving rise to the question of arbitrability occurred before the plaintiff became a successorininterest
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: co-defendant received probation for similar conduct. Id. at 395. The government argued the district court erred by disregarding Guideline § 5B1.1, comment n. 2, which precluded probation in the ease. Id. at 397-98. The Court of Appeals for the Fifth Circuit held: it is evident from the transcript of the sentencing hearing that the district court strongly believed that probation was appropriate in this case given Du-hon’s unique circumstances. Therefore, we cannot say that any potential error [of ignoring the guideline] was outcome determinative and so affected substantial rights as to allow us to remand the case to the district court. Id. at 398. The court concluded the sentence was substantively reasonable. Id.; see also United States v. Pyles, 272 Fed.Appx. 258, 261-62 (4th Cir.2008) (<HOLDING>). Here, as in Duhon, the Court strongly Options: A. holding that district court did not err in determining that cocaine base was crack cocaine based on chemical analysis identifying cocaine base together with competent lay testimony bridging the evidentiary gap between cocaine base and crack cocaine and refusing to require showing of smokeability ie water solubility or melting point for purposes of establishing crack cocaine under the guidelines since smokeability distinguishes cocaine base from powder cocaine not from crack B. holding that variance sentence of five years probation with six months in home confinement for distribution of crack cocaine despite application of 5b11 comment n 2 was substantively reasonable C. holding that substantial downward variance was substantively unreasonable D. holding two prior convictions for distribution of crack relevant to show intent to distribute the crack found in defendants possession E. holding that a federal agents expert testimony regarding the characteristics of crack cocaine and the methods of its distribution was admissible and highly relevant in helping the jury resolve the central issue of whether the defendant possessed crack cocaine with intent to distribute

assistant: The best answer is B. holding that variance sentence of five years probation with six months in home confinement for distribution of crack cocaine despite application of 5b11 comment n 2 was substantively reasonable
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: assault conviction. See Ohio Rev.Code § 3319.39(B). Further, Plaintiffs understanding of the nature of the choice he was required to make is demonstrated by the fact that he discussed the choices with his union representatives' — the President and Vice President of his local union and the President of the Central Ohio union — and discussed the choice with a teacher at Ft. Hayes High School. See Harris, 2008 WL 4186316, *8, 2008 U.S. Dist. LEXIS 86385, at *20 (finding that the plaintiff “fully understood the options as he testified that he discussed them with his wife and union steward”). Also, Plaintiff was given a reasonable amount of time to choose between termination and resignation as he was given approximately twenty-four hours in which to decide. See Rhoads, 103 Fed.Appx. at 895 (<HOLDING>); Harris, 2008 WL 4186316, *8, 2008 U.S. Dist. Options: A. holding that extremely tight handcuffing for nearly fourteen hours that left indentations in plaintiffs arms for over six hours did not amount to excessive force B. holding that a difference of opinion about the best course of medical treatment does not amount to deliberate indifference C. holding that a plan administrators decision to deny benefits was arbitrary and capricious even though an attending physician had submitted a form stating the plaintiff could sit for six hours stand for two hours and walk for two hours D. holding that seven hours was a reasonable amount of time to deliberate meaningfully about the choice E. holding that delay of several hours after the vehicle was seized was reasonable

assistant: The best answer is D. holding that seven hours was a reasonable amount of time to deliberate meaningfully about the choice
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: by law, the head of an agency may ... grant ... danger pay allowance ... to an employee of his/her agency and require an accounting therefor, subject to the provisions of these regulations and the availability of funds”); DSSR § 031.2. (stating that “danger pay allowance prescribed in Chapter 650 ... may be granted to employees defined in Section 040i”). In fact, the DSSR specifically contemplates that agency heads may decide not to grant danger pay allowances that are authorized by the DSSR, stating that “[wjith-in the scope of these regulations, the head of an agency may issue such further implementing regulations as he/she may deem necessary for the guidance of his/her agency with regard to the granting of and accounting for these payments.” DSSR § 013. See Roberts, 745 F.3d at 1165 (<HOLDING>). Plaintiffs’ claim that pursuant to the DSSR, Options: A. holding that dssr provisions concerning living quarters allowances are only moneyauthorizing and are not moneymandating because section 013 contemplates that agencies may promulgate further regulations as he or she deems appropriate with regard to the granting of allowances B. holding that attorneys are not debt relief agencies C. recognizing that administrative agencies are not bound by rules of evidence D. recognizing that state agencies which are independent of the state are citizens of the state E. holding that unless remand from the bia is qualified or limited to a specific purpose an ij may consider any and all matters he deems appropriate in the exercise of his administrative discretion or which are brought to his attention in compliance with the appropriate regulations

assistant: The best answer is A. holding that dssr provisions concerning living quarters allowances are only moneyauthorizing and are not moneymandating because section 013 contemplates that agencies may promulgate further regulations as he or she deems appropriate with regard to the granting of allowances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the statute that would limit or guide a prosecution for indecent, immoral, obscene, vulgar, or insulting language. Allowing a prosecution where one utters “insulting” language could possibly subject a vast percentage of the populace to a misdemeanor conviction. Id. at 258-59 (emphasis added) (citations, internal quotations, and omissions removed). The court went on to state that, “[the statute], as currently drafted, impinges on First Amendment freedoms.... [It is] unquestionable that [the statute], as drafted, reaches constitutionally protected speech, and it operates to inhibit the exercise of First Amendment rights.” Id. at 259. Thus, it is clear that probable cause for Leonard’s arrest is not supported by § 750.337. See Sandul v. Larion, 119 F.3d 1250, 1256 (6th Cir.1997) (<HOLDING>). Michigan’s courts have not commented so Options: A. holding that after the district court determined that the plaintiffs speech was protected the court was required to inform the jury of its ruling that knapps speech was constitutionally protected B. holding that protected speech cannot serve as the basis for a violation of city ordinances at issue C. recognizing the preliminary issue in a first amendment challenge is whether the speech at issue is protected or unprotected D. holding that a city could not use past conduct to enjoin future protected speech E. holding that when protected speech is inextricable from unprotected speech the court will treat the entire message as protected

assistant: The best answer is B. holding that protected speech cannot serve as the basis for a violation of city ordinances at issue
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: 1991) and In re Brones, Bankr. Case No. 90-19489-PAC (Order entered February 23, 1993). 14 . It is imperative, therefore, that a plan and schedules contain sufficient information, including a correct creditor name and address, in order to allow proper processing of these payments by the Chapter 13 Trustee. 15 . When a proof of claim has been timely filed, this Court has also held that distributions should be made according to the terms of a confirmed plan. See, Fleet Real Estate Funding Corp. v. Fewell, Adv.Pro. No. 92-1579-SBB (Order entered January 14, 1993) (timely filed proof of claim which exceeds amount set forth in the confirmed plan is paid according to the plan and lien for balance survives). But see, In re Randell, Bankr. Case No. 90-13733-SBB (Order entered August 5, 1992) (<HOLDING>). 16 . In re Hausladen, 146 B.R. 557 Options: A. holding that res judicata did not bar debtors objection to creditors proof of claim where the plan expressly reserved the general right to assert postconfirmation objections to claims B. holding that a plan must be amended to provide for payment of a priority tax claim proof of which was timely filed postconfirmation to conform with 11 usc 1322a2 C. holding that fail ure to pay postconfirmation taxes claimed by irs pursuant to 11 usc 1305 and provided for under terms of plan was cause for dismissal D. holding that a confirmed chapter 13 plan is binding on all parties under 11 usc 1327a however the plan may be modified pursuant to 11 usc 1329 E. holding that a plan under chapter 13 although confirmed was invalid because it failed to comply with the mandatory provisions of 11 usc 1322a2 requiring full payment of all claims entitled to priority

assistant: The best answer is B. holding that a plan must be amended to provide for payment of a priority tax claim proof of which was timely filed postconfirmation to conform with 11 usc 1322a2