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: ratified a subordinate’s unconstitutional act. Id.; accord Weiner v. San Diego County, 210 F.3d 1025, 1028 (9th Cir.2000). Here, plaintiff now alleges that defendant Paulson acted as an official policymaker for the county. SAC ¶ 10. With respect to defendant Paulson’s decision to refer plaintiff for criminal prosecution, this argument fails. See Pitts v. County of Kern, 17 Cal.4th 340, 70 Cal.Rptr.2d 823, 949 P.2d 920 (1998) (district attorneys are arms of the State of California rather than the county in their capacity as prosecutors). But with respect to defendant Paul-son’s decision to pursue the temporary restraining order, Paulson was not acting in his capacity as a prosecutor. See City of Los Angeles v. Animal Defense League, 135 Cal.App.4th 606, 619, 37 Cal.Rptr.3d 632 (2006) (<HOLDING>). The county argues that defendant Paulson is Options: A. holding that public meeting did not satisfy public participation requirement because public did not receive adequate notice B. holding that city did not act in its capacity as public prosecutor when filing workplace violence petitions C. holding that city was engaged in a proprietary capacity in operation of a sanitary landfill in part because city was receiving revenues over and beyond incidental income D. holding that bank could not bring counterclaim in its capacity as trustee E. holding that claims against a city police chief in his official capacity were really claims against the city

assistant: The best answer is B. holding that city did not act in its capacity as public prosecutor when filing workplace violence petitions
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: appeal. II. Equitable Estoppel ¶ 26 Wasatch challenges the trial court's determination that Wasatch is equitably estopped from asserting the public's rights in the Four Roads because it had failed to do so for a period of twelve years. As a general rule, once a road is dedicated and abandoned to the public under section 72-5-104(1), subsequent acts by the property owner to limit the public's use cannot change its status as a public highway. See Utah Code Ann. § 72-5-105 (Supp.2006); Heber City Corp. v. Simpson, 942 P.2d 307, 813 n. 12 (Utah 1997) (noting that the fact that the, road had not been used by the public for several years "d[id] not change its status as a public highway"); Western Kane County Special Serv. Dist. No. 1 v. Jackson Cattle Co., 744 P.2d 1376, 1377-78 (Utah 1987) (<HOLDING>); Clark v. Erekson, 9 Utah 2d 212, 341 P.2d Options: A. holding that case law had made clear that masturbating in car on public road was sufficiently open B. holding that a road not open to the public at all times was not a highway C. holding road was still a public highway although fifty years had passed since the road was used by the public D. holding that a bia road was a tribal road by considering the nature of the rightofway at issue and finding that although the tribe had relinquished certain gatekeeping rights by allowing public use of the road and collaborating with the bia in maintaining it the tribe had maintained other significant gatekeeping rights because the rightofway was not granted to the state and the road did not form any part of the states highway system E. holding that mere use of a road will not make a road a public road even though such use is with the knowledge and consent of the landowner unless the use is accompanied by recognition by public authority or by its maintainance sic

assistant: The best answer is C. holding road was still a public highway although fifty years had passed since the road was used by the public
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: transaction was entered into by Greenheart and the Browns for a commercial purpose. Because the Browns are the prevailing party on appeal, the Browns are entitled to attorney fees on appeal pursuant to Idaho Code section 12-120(3). V. Conclusion The judgment of the district court is affirmed. The Browns are awarded attorney fees and costs on appeal as the prevailing party. Chief Justice BURDICK, Justices EISMANN, J. JONES and HORTON concur. 1 . The parties concede that the instant water rights case is not governed by Title 42, Chapter 14 addressed by the omitted portion of Idaho Code section 6-401. 2 . Extrinsic evidence regarding the meaning of an agreement is also admissible where fraud or mutual mistake has been plead. Bilbao v. Krettinger, 91 Idaho 69, 72, 415 P.2d 712, 715 (1966) Options: A. holding parol evidence is admissible to show mistake B. holding the parol evidence rule presumes finality with respect to the written terms of the agreement only and does not prevent consideration of parol evidence concerning the duration of contract C. holding the parol evidence rule not pertinent to the present issue because a contract may be clear and unambiguous as far as it goes and yet may not express the true agreement of the parties by reason of mutual mistake D. holding that mutual mistake is ground for reformation when as here the minds of the parties have met contractually but because of a mutual mistake the written contract between the parties is wanting in expression or execution to evince the actual and binding contractual intent of the parties E. holding that when a contract is unambiguous the court will enforce the plain meaning of the contract as the intention of the parties

assistant: The best answer is C. holding the parol evidence rule not pertinent to the present issue because a contract may be clear and unambiguous as far as it goes and yet may not express the true agreement of the parties by reason of mutual mistake
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 acknowledges that (a) he or she has been represented by independent counsel of his or her own choosing concerning this Agreement and has been advised to do so by the Company, and (b) he or she has read and understands this Agreement, is competent and of sound mind to execute this Agreement, is fully aware of the legal effect of this Agreement, and has entered into it freely based on his or her own judgment and without duress.

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 case excerpt and choose the best holding from the options. Case excerpt: that he was going to be identified as a sex offender before he was placed on the website. Based on our holding in Kirby, Robinson was entitled to due process before he was declared a sex offender and identified on the state of Florida’s sex offender website. See Kirby, 195 F.3d at 1292. Robinson has therefore stated a valid due process claim, and the district court erred in dismissing his complaint for failure to state a claim on this issue. AFFIRMED IN PART; REVERSED AND REMANDED IN PART. 1 . Robinson also devotes a large portion of his brief to challenging his 1988 indictment and conviction for murder, but we will not consider that issue because Robinson failed to argue it before the district court. See Access Now, Inc. v. Southwest Airlines Co., 385 F.3d 1324, 1331 (11th Cir.2004) (<HOLDING>). Moreover, this argument constitutes a Options: A. holding that an issue raised for the first time on appeal will not be considered by this court B. holding that an issue not raised in the trial court cannot be raised for the first time on appeal C. holding that generally appellate courts will not review an issue raised for the first time on appeal D. recognizing the general rule that a court of appeals will not consider an issue raised for the first time on appeal E. holding that an argument not raised before the bankruptcy court will not be considered for the first time on appeal

assistant: The best answer is A. holding that an issue raised for the first time on appeal will not be considered by this court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: regard, the county was not a mere unwitting facilitator; after having undertaken to investigate and respond to the abuse charges against CP, it nonetheless permitted him for an extended period of time to retain the very means — ongoing unsupervised freedom of movement — to commit the crimes against the Malheur County victims. Moreover, unlike in Oregon Steel Mills, Inc., where the delay in a stock offering did not create a risk of the general steel market decline that produced the plaintiffs loss, here, the intervening harm-producing force, CP’s criminal conduct, was a risk that was directly related to the county’s alleged failure to adequately investigate and respond to the Union County sexual abuse charges after having undertaken that responsibility. See Panpat, 188 Or App at 392 (<HOLDING>); see also Washa, 159 Or App at 224 (same). We Options: A. holding that the most important factor in the preservation hierarchy is whether the relevant issue was raised in the trial court and the least important factor is whether the appellant alerted the trial court to the specific argument raised on appeal B. holding that a close business relationship between a signatory and nonsignatory is an important factor in determining if it was foreseeable that the nonsignatory would be bound C. holding that a third partys history of violence at least insofar as it was known to the defendant plays an important role in determining whether the harm was reasonably foreseeable D. holding that a professional is one who plays a central role in a debtors case E. recognizing that an officers knowledge concerning the unusual susceptibility of a defendant to a particular form of persuasion might be an important factor in determining whether the officer should have known that his words or actions were reasonably likely to elicit an incriminating response

assistant: The best answer is C. holding that a third partys history of violence at least insofar as it was known to the defendant plays an important role in determining whether the harm was reasonably foreseeable
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 or any Subsidiary or Affiliate, as appropriate, shall have the authority and the right to deduct or withhold, or require a Participant to remit to the Company, an amount sufficient to satisfy U.S. federal, state, and local taxes and taxes imposed by jurisdictions outside of the United States (including income tax, social insurance contributions, payment on account and any other taxes that may be due) that the Company or a Subsidiary or Affiliate determines are required to be withheld with respect to any taxable event concerning a Participant arising as a result of this Plan or to take such other action as may be necessary in the opinion of the Company or a Subsidiary or Affiliate, as appropriate, to satisfy withholding obligations for the payment of taxes. The Committee may in its discretion and in satisfaction of the foregoing requirement direct the Company to withhold, or allow a Participant to elect to have the Company withhold, Shares otherwise issuable under an Award (or allow the return of Shares) having a Fair Market Value equal to the sums required to be withheld; the number of Shares so withheld may be determined using rates of up to, but not exceeding, the maximum federal, state, local and/or foreign statutory tax rates applicable in a particular jurisdiction on the date that the amount of tax to be withheld is to be determined. No Shares shall be delivered hereunder to any Participant or other person until the Participant or such other person has made arrangements acceptable to the Committee for the satisfaction of these tax obligations with respect to any taxable event concerning the Participant or such other person arising as a result of Awards made under this Plan.

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: This Agreement and the Plan together constitute the entire agreement and supersede all prior understandings and agreements, written or oral, of the parties hereto with respect to the subject matter hereof. The Plan and this Agreement may be amended pursuant to Section 8.6 of the Plan. Such amendment must be in writing and signed by the Corporation. The Corporation may, however, unilaterally waive any provision hereof in writing to the extent such waiver does not adversely affect the interests of the Participant hereunder, but no such waiver shall operate as or be construed to be a subsequent waiver of the same provision or a waiver of any other provision hereof.

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: On or prior to the date of this Agreement, the Bank shall have received, certificates of insurance, in form and detail acceptable to the Bank, describing the types and amounts of insurance (property and liability) maintained by the Borrower and its Restricted Subsidiaries.

assistant: Insurances
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 liability of each Guarantor as a result of the execution of its respective Guaranty and the execution of this Agreement shall not cause the liabilities (including contingent liabilities) of such Guarantor to exceed the fair saleable value of their assets, except as may be limited by the terms of their respective Guaranty.

assistant: Solvency
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: park or playground, or any other place proscribed by the court where children regularly congregate. This is one of the standard conditions of sex offender probation mandated by section 948.30, Florida Statutes (2005). Several days after sentencing, on December 12, 2005, Kalinowski filed a motion to clarify or modify his sentence. The motion states that Kalinowski has lived in the same house for over thirty years, but was instructed by his probation officer that he must now move based upon the prohibition in condition 26 of his probation order. The motion argues that this condition could not be enforced by the Department of Corrections because it is a special condition of probation not orally pronounced at sentencing. See Rothery v. State, 757 So.2d 1256, 1258 (Fla. 5th DCA 2000) (<HOLDING>). Alternatively, the motion asks that if the Options: A. holding that the requirement that a defendant pay for drug testing is a special condition of probation which must be pronounced at sentencing B. recognizing that before a special condition of probation may be imposed there must be an oral pronouncement of the condition at sentencing C. holding that in cases of direct conflict between a courts oral pronouncement of sentence and the written judgment the oral pronouncement controls D. holding special conditions of probation must be imposed at sentencing and may not be imposed at resentencing E. holding that when there is a variation between the oral pronouncement of sentence and the written memorialization of the sentence the oral pronouncement controls

assistant: The best answer is B. recognizing that before a special condition of probation may be imposed there must be an oral pronouncement of the condition at sentencing
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 STIPULATE AND AGREE THAT THE EXCLUSIVE VENUE OF ANY SUCH ARBITRATION PROCEEDING (AND OF ANY OTHER PROCEEDING, INCLUDING ANY COURT PROCEEDING, UNDER THIS AGREEMENT) SHALL BE ALLEGHENY COUNTY, PENNSYLVANIA (THE “ AGREED VENUE ”).

assistant: Venues
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 be satisfied, it is clear that the third factor, the existence of clear error as a matter of law, should be given substantial weight. Syllabus Point 4, State ex rel. Hoover v. Berger, 199 W.Va. 12, 483 S.E.2d 12 (1996). With these precepts to guide us, we now consider the issue before us. III. DISCUSSION The question in this case is whether Judge Hoke properly closed the proceedings and sealed the file in the action below. In order to answer this question, we will first review the law concerning the closure of court proceedings. The United States Supreme Court expressly has held that there is a guaranteed right of the public under the First and'Fourteenth Amendments to attend criminal trials. Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 102 S.Ct. 2613, 73 L.Ed.2d 248 (1982) (<HOLDING>). This right is not absolute. But the Options: A. holding that before a defendant is entitled to introduce evidence of the victims character for violence there must be sufficient evidence to support a finding that the victim was the first aggressor and that once the defendant testified that he was attacked and cut by the victim without provocation before using the victims utility tool to stab the victim the defendant was clearly entitled to question the victim about past acts of violence reflected in court documents from the state of oregon B. holding that a general motion for judgment of acquittal which asserted without explanation or argument that the state had failed to prove a prima facie case of the crime charged in the indictment was insufficient to preserve for appeal the specific argument that the state had failed to prove the age of the victim to support a conviction for sexual battery of a child under the age of eleven C. holding that uncharged sexual acts committed upon the same victim are admissible to show the conduct of the defendant toward the victim and to corroborate the evidence of the offense charged in the indictment D. holding the harmed victim need not be the victim of the offense of conviction E. holding that state statute that requires trial judges at trials for specified sexual offenses involving a victim under the age of 18 to exclude the press and general public from the courtroom during the testimony of that victim violates the first amendment to the constitution

assistant: The best answer is E. holding that state statute that requires trial judges at trials for specified sexual offenses involving a victim under the age of 18 to exclude the press and general public from the courtroom during the testimony of that victim violates the first amendment to the constitution
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 GRANTOR AND AGENT HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT. EACH GRANTOR AND AGENT ACKNOWLEDGE THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO A BUSINESS RELATIONSHIP, THAT EACH HAS RELIED ON THE WAIVER IN ENTERING INTO THIS AGREEMENT AND THAT EACH WILL CONTINUE TO RELY ON THE WAIVER IN THEIR RELATED FUTURE DEALINGS. EACH GRANTOR AND AGENT WARRANT AND REPRESENT THAT EACH HAS HAD THE OPPORTUNITY OF REVIEWING THIS JURY WAIVER WITH LEGAL COUNSEL, AND THAT EACH KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: on an oral loan payable upon demand begins to run only after there has been a breach by the debtor, i.e., the debt- or has refused to repay the loan at the time the creditor demands repayment. As noted by the Second District, this is the rule that obtains when there is a written loan agreement providing that the loan is payable upon demand, and we see no valid basis for distinguishing between the two situations. The critical feature of both forms of loans, whether oral or written, is the provision for repayment upon demand. When that provision is the same in both instances, we see no reason to have one rule that says a demand must first be made and rejected in the one instance, but not in the other. Cf. Schreiber v. Hackett, 173 Ill.App.3d 129, 122 Ill.Dec. 914, 527 N.E.2d 412 (1988) (<HOLDING>). The cases which adhere to a contrary rule Options: A. holding in an action on a verbal agreement which failed to specify time for repayment that the statute of limitations did not begin to run until reasonable time for repayment had passed B. holding that consideration for guaranty of loan previously made was that guarantors friend the bank manager who issued the loan would not lose his job for making a bad loan C. holding that the statute does not begin to run until at least a demand has been made upon the government but determining that the facts of that case made it unnecessary to choose between the date of demand and the date of actual payment as the triggering date for the running of the statute of limitations D. holding that where oral loan was silent as to the time of repayment the statute of limitations began to run at the time the contract was made E. holding that where parties to an oral loan agreed that the loan would be repaid on demand the statute of limitations did not begin to run until the date plaintiff demanded repayment of the loan

assistant: The best answer is E. holding that where parties to an oral loan agreed that the loan would be repaid on demand the statute of limitations did not begin to run until the date plaintiff demanded repayment of the loan
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: Except with respect to its Annual Report on Form 10-K for the fiscal year ended December 31, 2016, and its Quarterly Reports on Form 10-Q for the fiscal quarters ended March 31, 2017 and June 30, 2017, the Company has filed all reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, being collectively referred to herein as the “ SEC Reports ”) on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Company is not currently and has not in the prior twelve (12) months been an issuer subject to paragraph (i)(1)(i) of Rule 144. The Company has no reason to believe that it will not file its Annual Report on 10-K for the fiscal year ended December 31, 2016, or its Quarterly Report on Form 10-Q for the fiscal quarters ended March 31, 2017, June 30, 2017 and September 30, 2017 prior to December 31, 2017. The financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments. All internal management financial statements, reports and schedules for periods subsequent to September 30, 2017 provided to Purchasers by the Company fairly present in all material respects the results of operations and financial position of the Company and its Subsidiary.

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 legal provision and list the applicable contract clause categories. Provision: Commencing March 14, 2018, Executive shall receive an annual base salary of $1,800,000. Subsequent salary amounts shall be determined by the Company in its sole discretion; provided , however , that none of such subsequent annualized salaries shall be less than $1,800,000.

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 legal provision and list the applicable contract clause categories. Provision: Any notice or communication required to be given or delivered to the Company under the terms of this Award Agreement shall be in writing (which may include an electronic writing) and addressed to the Corporate Secretary of AIG at its principal corporate offices as specified in Section 9.E of the Plan or, with respect to the acceptance of an Award, as specified in Schedule A or the Compensation Plan Grant Acceptance website. Any notice required to be given or delivered to you shall be in writing (including an electronic writing) and addressed to you at your Company email address or your home address on file in the Company’s payroll or personnel records. All notices shall be deemed to have been given or delivered upon: personal delivery; electronic delivery or three (3) business days after deposit in the United States mail by certified or registered mail (return receipt requested) or one (1) business day after deposit with any return receipt express courier (prepaid).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company does hereby hire, engage and employ the Executive beginning on April 4, 2016 (the “ Effective Date ”), and concluding on the last day of the Term (as such term is defined in Section 2 ) on the terms and conditions expressly set forth in this Agreement. The Executive does hereby accept and agree to such hiring, engagement, and employment, on the terms and conditions expressly set forth in this Agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: `` offers '' means special programs , including offers , excursions , and special gifts , both digital and tactile , that zynga may offer from time to time to certain eligible players .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The issuance of certificates for shares of the Common Stock on conversion of this Note shall be made without charge to the New Purchaser hereof for any documentary stamp or similar taxes that may be payable in respect of the issue or delivery of such certificates, provided that, Borrower shall not be required to pay any tax that may be payable in respect of any transfer involved in the issuance and delivery of any such certificate upon conversion in a name other than that of the New Purchaser of this Note so converted and Borrower shall not be required to issue or deliver such certificates unless or until the Person or Persons requesting the issuance thereof shall have paid to Borrower the amount of such tax or shall have established to the satisfaction of Borrower that such tax has been paid. Borrower shall pay all Transfer Agent fees required for same-day processing of any Notice of Conversion.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we reserve the right ( but are not required ) to remove or disable access to the fitbit service , any fitbit content , or your content at any time and without notice , and at our sole discretion , if we determine that the fitbit content , your content , or your use of the fitbit service is objectionable or in violation of these terms .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: be resolved in favor of preemption. Cedeno v. IndyMac Bancorp, Inc., No. 06-CV-6438, 2008 WL 3992304, at *6, 2008 U.S. Dist. LEXIS 65337, at *19-20 (S.D.N.Y. Aug. 25, 2008) (quoting 61 Fed. Reg. 50951, 50966-67 (Sept. 30, 1996)). NYGBL § 349 declares unlawful “deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state.” N.Y. Gen. Bus. Law § 349(a). “[A]s a general matter, claims brought under broad consumer deceptive practices such as [NYGBL] § 349 are not preempted because they simply seek to enforce truthfulness in commercial transactions, which is expected of federal thrift institutions as a baseline matter.” McAnaney, 665 F.Supp.2d at 167; see also Binetti v. Wash. Mut. Bank, 446 F.Supp.2d 217, 220 (S.D.N.Y.2006) (<HOLDING>). Nevertheless, “OTS field preemption applies Options: A. holding that nygbl 349 is a commercial statute of general applicability which while having an incidental impact on lending relationships is excepted from ots preemption under 12 cfr 5602c B. holding preemption by cal govt code 8572 a law of general applicability C. recognizing that federal preemption is affirmative defense as to which defendant has burden of proof D. holding that a party did not waive its preemption defense where its answer did not specifically mention preemption but contained a broader defense that was capable of encompassing preemption E. holding removal and preemption are distinct concepts erisa preemption does not allow removal unless complete preemption exists

assistant: The best answer is A. holding that nygbl 349 is a commercial statute of general applicability which while having an incidental impact on lending relationships is excepted from ots preemption under 12 cfr 5602c
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: Cir.2001) (internal citation omitted). See also Phillips v. Hust, 477 F.3d 1070, 1079 (9th Cir.2007) (“Whether the right at issue in a claim of qualified immunity is clearly established ... is a pure question of law....”); Williams v. Ala. State Univ., 102 F.3d 1179, 1182 (11th Cir.1997) (same); Warren v. Dwyer, 906 F.2d 70, 76 (2d Cir.1990) (“The ultimate legal determination whether, on the facts found, a reasonable police officer should have known he acted unlawfully is a questi h Cir.2003) (en banc) (“The initiation of criminal charges without probable cause may set in force events that run afoul of explicit constitutional protection — ■ the Fourth Amendment if the accused is seized and arrested, for example.... ”); Gregory v. City of Louisville, 444 F.3d 725, 748 (6th Cir.2006) (<HOLDING>); Smart v. Bd. of Trustees of Univ. of Ill., 34 Options: A. holding the same for malicious prosecution B. holding that excessive force claims are to be treated under the fourth amendment C. holding that in 1983 claims for malicious prosecution the fourth amendment applies to those actions which occur between arrest and pretrial detention D. holding that traditional claims for malicious prosecution must be pursued and treated as fourth amendment violations when the gravamen of the complaint is continued detention without probable cause E. holding that a malicious prosecution plaintiff must show inter alia that the criminal proceeding was initiated without probable cause

assistant: The best answer is D. holding that traditional claims for malicious prosecution must be pursued and treated as fourth amendment violations when the gravamen of the complaint is continued detention without probable cause
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not offer evidence that the defendant possessed commonly available materials—such as tape—if the defendant otherwise possesses all of the key components necessary to assemble a destructive device. See United States v. Simmons, 83 F.3d 686, 687 (4th Cir. 1996) (observing that possession of a'method of ignition, such as a match, is not typically required to find that the defendant possessed the components necessary to assemble a Molotov cocktail); United States v. Crocker, 260 Fed.Appx. 794, 797 (6th Cir. 2008) (“Although the government did not introduce evidence that the defendant possessed tape, this Court does not require showing possession of all commonly available materials when'determining whether- a destructive device could have been readily assembled.”); Langan, 263 F.3d at 626 (<HOLDING>). As Sheehan could be convicted of possessing a Options: A. holding at summary judgment that the plaintiff had to show a reasonable jury could find the defendants allegedly anticompetitive conduct was a material cause of plaintiffs injury B. holding that a reasonable trier of fact could find that the defendants acted with malice C. holding that the defendant could not be convicted for possessing a combination of parts that could be readily assembled into a bomb where the defendant did not possess any explosive material a key element required for the creation of a bomb D. holding that at the summary judgment stage there must be sufficient evidence on which the jury could find for the plaintiff E. holding that a reasonable jury could find the device to be readily convertible into an explosive bomb where wires could be quickly stripped and recrimped to a pager that was part of the detonating mechanism

assistant: The best answer is E. holding that a reasonable jury could find the device to be readily convertible into an explosive bomb where wires could be quickly stripped and recrimped to a pager that was part of the detonating mechanism
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: if you choose to contribute by sending the company or our employees any ideas for products , services , features , modifications , enhancements , content , refinements , technologies , content offerings ( such as audio , visual , games , or other types of content ) , promotions , strategies , or product/feature names , or any related documentation , artwork , computer code , diagrams , or other materials ( collectively `` feedback '' ) , then regardless of what your accompanying communication may say , the following terms will apply , so that future misunderstandings can be avoided .

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: No provision of this Agreement shall be modified or amended except by an instrument in writing duly executed by the parties hereto. No custom, act, payment, favor or indulgence shall be deemed a waiver by the Company of any of Executive’s obligations hereunder or release Executive therefrom. No waiver by any party of any breach by the other party of any term or provision hereof shall be deemed to be an assent or waiver by any party to or of any succeeding breach of the same or any other term or provision.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower and its Subsidiaries have filed all material Federal, state and other tax returns and reports required to be filed, and have paid all material Federal, state and other taxes, assessments, fees and other governmental charges levied or imposed upon them or their properties, income or assets otherwise due and payable, except those which are being contested in good faith by appropriate proceedings diligently conducted and for which adequate reserves have been provided to the extent required by GAAP. There is no proposed tax assessment against the Borrower or any Subsidiary that would, if made, have a Material Adverse Effect. No Loan Party nor any Restricted Subsidiary thereof is a party to any tax sharing agreement except with other Relevant Parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Reagan did not say that the States no longer had the power to regulate health care planning when it impacted interstate commerce. Rather, the NHPRDA was repealed because the federal government was ill equipped to impose such requirements. The States still could individually decide whether to require CON licenses or leave health care planning to the market. Taking together the evidence of Congressional intent and the States’ reliance on the NHPRDA when they passed their CON laws, the Court concludes that the repeal of the NHPRDA removed only the requirement and not the authorization for State CON laws. Defendants met their burden of showing that Congress authorized Washington’s PCI CON regulations. Those regulations are immune from dorman . 331, 102 S.Ct. 1096, 71 L.Ed.2d 188 (1982) (<HOLDING>); Sporhase v. Nebraska ex rel. Douglas, 458 Options: A. holding that the federal power act did not evince an intent to permit states to prohibit export of hydroelectric power out of state B. recognizing a distinction between the power of a federal court to hear statelaw claims and the discretionary exercise of that power C. holding that the recognition power is not limited to a determination of the government to be recognized but rather includes the power to take actions without which the power of recognition might be thwarted D. holding that the states allegation that the congressional act at issue that went beyond the power of congress and impinged on that of the state did not suffice as a basis for invoking an exercise of judicial power E. holding states in exercising the federal trust power over indian tribes pursuant to a federal statute authorizing them to do so may enact legislation that would be an otherwise unconstitutional exercise of state power

assistant: The best answer is A. holding that the federal power act did not evince an intent to permit states to prohibit export of hydroelectric power out of state
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: Employee’s employment with the Employer (as defined under the Ascena Retail Group, Inc. Executive Severance Plan (the “ Severance Plan ”)) [ is] [was] terminated as of [________________ ___], 20[__] (the “ Termination Date ”). Employee acknowledges that the Termination Date [ is] [was] the termination date of [his/her] employment for purposes of participation in and coverage under all benefit plans and programs sponsored by or through the Employer. Employee acknowledges and agrees that the Employer shall not have any obligation to rehire Employee, nor shall the Employer have any obligation to consider [him/her] for employment, after the Termination Date. All capitalized terms used herein, unless defined otherwise herein, shall have the meaning set forth in the Severance Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: patients that physicians were independent contractors and provided patients with consent forms that informed patients of physicians’ independent-contractor status); Peter v. Vullo, 234 N.C.App. 150, 162, 758 S.E.2d 431, 439 (2014) (noting that hospital expressly gave notice via consent form that ■physician was an independent contractor); Cantrell v. Northeast Georgia Med. Ctr., 235 Ga.App. 365, 366, 508 S.E.2d 716, 718 (1998) (noting that hospital posted sign over registration desk and gave patients treatment-consent forms advising patients that physicians were not hospital employees); and Holmes v. University Health Sery., Inc., 205 Ga.App. 602, 603, 423 S.E.2d 281, 283 (1992) (noting that forms plaintiff encouraged the Bains to think that Dr. 38, 735 P.2d 460 (Ct. App. 1987) (<HOLDING>); and Gilbert, 156 Ill.2d at 526, 622 N.E.2d at Options: A. holding that where hospital used balance billing its lien was unenforceable because the hospital had been paid in full for the services it provided to patient and there was consequently no debt to secure by the existence of the lien B. holding that vicarious liability claim against union based on medical malpractice of treating physician is not preempted by erisa C. holding that because the trial court did not abuse its discretion in finding the expert report adequate as to the vicarious liability claim against the hospital based on the actions of the doctors plaintiffs suit against the hospital including her claim that the hospital was vicariously hable for the actions of its nurses could proceed D. holding that claim that hospital provided inadequate supervision leading to patients sexual assault by another patient constituted health care liability claim E. holding issue of vicarious liability was for jury where patient did not have opportunity to choose physician who was provided by hospital

assistant: The best answer is E. holding issue of vicarious liability was for jury where patient did not have opportunity to choose physician who was provided by hospital
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 an England reservation in the Williamson County context has been called into question by San Remo Hotel....”). Under Williamson County, a claim that the application of a government regulation effects a taking of a property interest is not ripe until (1) “the government entity charged with implementing the regulations has reached a final decision regarding the application of the regulations to the property at issue,” and (2) the property owner has “unsuccessfully attempted to obtain just compensation through the procedures provided by the State for obt ry, 442 F.3d 159, 164-66 (3d Cir.2006) (discussing Williamson’s “finality rule”). Furthermore, the state court did not adjudicate Carroll’s claim on the merits. See Braun v. Ann Arbor Charter Twp., 519 F.3d 564, 570-71 (6th Cir.2008) (<HOLDING>). Under these circumstances, we conclude that Options: A. holding that a state procedural default will not bar consideration of a federal claim on habeas review unless the last state court rendering a judgment clearly and expressly stated that its judgment rested on a state procedural bar B. holding that the federal habeas corpus court could reach the merits of a due process claim even though there was no contemporaneous objection in state court trial where the state habeas corpus court reached the merits rather than rely on the procedural default defense C. holding takings claim not ripe under riverside bayview because landowner never applied for a permit D. holding that a plaintiffs takings claim was not ripe for review where the state court never explicitly reached the merits of their claim and no procedural bar existed to prevent review E. holding that if the state court addresses both the procedural default and the merits of a federal claim in the alternative a federal court should apply the state procedural bar and decline to reach the merits of the claim

assistant: The best answer is D. holding that a plaintiffs takings claim was not ripe for review where the state court never explicitly reached the merits of their claim and no procedural bar existed to prevent review