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: Terses a Macias on April 15, 1996.” Id. at 963 (emphasis added). In support of its conclusion that the alleged constitutional deprivation was the death of Mrs. Macias, the district court cited the Supreme Court’s opinions in Monell v. Department of Social Servs., 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), and City of Canton v. Harris, 489 U.S. 378, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989), the dissenting opinion of Justice O’Connor in City of Springfield v. Kibbe, 480 U.S. 257, 260, 107 S.Ct. 1114, 94 L.Ed.2d 293 (1987), and this court’s opinion in Harris v. City of Roseburg, 664 F.2d 1121, (9th Cir.1981). In each of those cases, the Supreme Court and this court treated the deprivation of a constitutional right as the alleged “injury.” See Monell, 436 U.S. at 692, 98 S.Ct. 2018 (<HOLDING>); Harris, 489 U.S. at 385, 109 S.Ct. 1197 Options: A. holding that 1983 plainly imposes liability on a government that under color of some official policy causes an employee to violate anothers constitutional rights B. holding that although municipalities are persons within the meaning of 42 usc 1983 no municipal liability lies under that statute unless action pursuant to official municipal policy of some nature caused a constitutional tort C. holding that discrimination against a municipal employee could trigger municipal liability under 1983 through official policy or custom D. holding private actors are not acting under the color of state law for the purposes of section 1983 liability E. holding that a defendant can only be sued in his official capacity under 1983 if he acted pursuant to an official policy or custom in causing the constitutional injury

assistant: The best answer is A. holding that 1983 plainly imposes liability on a government that under color of some official policy causes an employee to violate anothers constitutional rights
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: See Ex parte Wheeler, 203 S.W.3d 317, 325-26 (Tex.Crim.App.2006). We also infer all implied findings of fact that are necessary to support the trial court’s ruling. See Chadwick v. State, 309 S.W.3d 558, 561 (Tex.Crim.App.2010). Appellant testified by affidavit that she had not been advised of her right to an attorney, and that she would have requested an attorney had she been so advised. The trial court was free to disbelieve this testimony, and in its findings of fact, it expressly determined that appellant’s account was not credible. The court did not make a similar finding with respect to the affidavit testimony of appellant’s mother and immigration attorney, but we can infer that this testimony was implicitly rejected. Cf. Olconkwo v. State, 398 S.W.3d 689, 694 (Tex.Crim.App.2013) (<HOLDING>). Deferring, as we must, to the trial court’s Options: A. holding warrant not undermined and affiant did not act in bad faith where affiant relied upon erroneous statements made by third party B. holding that it was not erroneous for committing court to refuse to admit an affidavit from a private investigator that provided evidence of a witnesss lack of credibility when the affidavit would not have explained away the witnesss testimony but only challenged its credibility C. holding that a trial court had implicitly found that an affiant lacked credibility even where the affidavit testimony was uncontroverted D. holding that a statement that the affiant is senior vicepresident and secretary of a corporation asserting a special appearance is sufficient to affirmatively show how the affiant has personal knowledge of the affidavit statements regarding the corporations contacts with texas E. holding that a statement that the affiant is president of the company asserting a claim on an account is sufficient to affirmatively show how the affiant has personal knowledge of the affidavit statements regarding the account

assistant: The best answer is C. holding that a trial court had implicitly found that an affiant lacked credibility even where the affidavit testimony was uncontroverted
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: 44-14-161(a) governs actions between a defendant debtor and the SBA. United States v. Dismuke, 616 F.2d 755, 759 (5th Cir.1980); see also United States v. Irby, 618 F.2d 352, 355 (5th Cir.1980) (applying Mississippi real property law to determine reasonableness and validity of foreclosure sale by SBA under guaranty agreement). Furthermore, § 44-14-161(a) applies to both primary debtors and guarantors; an action for the balance remaining on a note following a foreclosure sale against a guarantor rather than the primary debtor is still an action for a deficiency judgment under the statute and is barred if no confirmation was obtained. United States v. Dismuke, 616 F.2d 755, 759 (5th Cir.1980); see also First National Bank & Trust Co. v. Kunes, 230 Ga. 888, 889, 199 S.E.2d 776, 778 (1973) (<HOLDING>). Thus, if the foreclosure sale in the case sub Options: A. holding that guarantors and sureties are debtors within the meaning of the georgia confirmation statute immediately upon the default on the promissory notes B. holding that in order to establish liability under the ada the plaintiff must demonstrate that the defendant was an employer within the meaning of the statute C. holding that order denying confirmation of plan became final when upon being notified that the debtors did not intend to seek confirmation of an alternate plan the court dismissed their case D. holding that a debtors right to strip off a wholly unsecured lien is conditioned on the debtors obtaining confirmation of and performing under a chapter 13 plan that meets all of the statutory requirements rather than on a debtors discharge E. holding that workers compensation awards remained property of the estate despite confirmation of the debtors plans where the confirmation orders specifically provided that property of the estate did not vest in the debtor until the completion of the plan

assistant: The best answer is A. holding that guarantors and sureties are debtors within the meaning of the georgia confirmation statute immediately upon the default on the promissory notes
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 provisions of the Credit Agreement regarding governing law, waiver of trial by jury, jurisdiction and consent to jurisdiction set forth in Sections 9.09, 9.11 and 9.13 of the Credit Agreement are incorporated herein mutatis mutandis..

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

assistant: No Waivers
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 not sell, offer for sale or solicit offers to buy or otherwise negotiate in respect of any security (as defined in Section 2 of the Securities Act) that would be integrated with the offer or sale of the Shares in a manner that would require the registration under the Securities Act of the sale of the Shares to the Purchasers or that would be integrated with the offer or sale of the Shares for purposes of the rules and regulations of any Trading Market such that it would require shareholder approval prior to the closing of such other transaction unless shareholder approval is obtained before the closing of such subsequent transaction.

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: arm’s-length transaction or from making as prompt or searching investigation as might otherwise be expected. In some situations there is no legal duty to use means available for discovering the fraud.... We are not prepared to say, however, that one in a relationship of trust and confidence is always justified as a matter of law in neglecting every precaution until something occurs to arouse his suspicions. Courseview, 312 S.W.2d at 205; Duthu v. Pena, 228 F.3d 409, 2000 WL 1056126, at *7-9 (5th Cir.2000) (unpublished) (collecting cases). This case presents precisely the sort of intentional concealment of ill-gotten profits (in the face of a duty to disclose such profits) that allows a plaintiff to benefit from equitable estoppel. See Borderlon v. Peck, 661 S.W.2d 907, 908 (Tex.1983) (<HOLDING>);. Gibson v. Burkhart, 650 S.W.2d 185, 188-89 Options: A. holding a cause of action accrues once an injury has occurred and manifested itself B. holding that because a physician lias a duty to disclose a negligent act or fact that an injury has occurred and physician failed to do so cause of action was deferred until victim learned of the right of action C. recognizing negligent procurement to be a negligence cause of action D. recognizing cause of action E. recognizing the cause of action

assistant: The best answer is B. holding that because a physician lias a duty to disclose a negligent act or fact that an injury has occurred and physician failed to do so cause of action was deferred until victim learned of the right of action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability does not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term, provision, covenant, or restriction of this Settlement Agreement is held by a court of competent jurisdiction or other governmental authority to be invalid, void, or unenforceable, the remainder of the terms, provisions, covenants, and restrictions of this Settlement Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated so long as the economic or legal substance of the transactions completed hereby is not affected in any manner materially adverse to any Party. Upon such determination, the Parties shall negotiate in good faith to modify this Settlement Agreement so as to effect the original intent of the Parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the fullest extent possible.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by statute ..., provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of material to be withheld. 5 U.S.C. 552(b)(3) (emphasis added). To determine whether withholdings are pr dt Act, which prohibits dissemination within the United States of certain materials about the United States authorized by the Secretary of State and prepared for dissemination abroad, 22 U.S.C. § 1461, and which prohibits program materials prepared by the United States Information Agency from dissemination within the United States, id. § 1461-1a. See Essential Info. v. United States Info. Agency, 134 F.3d 1165, 1166-68 (D.C.Cir.1998) (<HOLDING>). Having properly identified Exemption 3 Options: A. holding a debtors claim for loss of consortium to be entitled to an exemption under the oklahoma exemption statute and collecting other bankruptcy decisions recognizing a debtor spouses loss of consortium as the basis for allowing an exemption under federal and various state exemption statutes B. holding that 6103 qualifies as an exemption statute C. holding that rule 6e qualifies as a statute for purposes of exemption 3 D. holding that various versions of the statute qualify as an exemption 3 statute E. holding that the statute qualifies as an exemption 3 statute

assistant: The best answer is E. holding that the statute qualifies as an exemption 3 statute
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: please note that you may be charged for your cancellation in accordance with the accommodation provider 's cancellation , ( pre ) payment and no-show policy or not be entitled to any repayment of any ( pre ) paid amount .

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: who fails to comply with a levy, without reasonable cause, when required -to do so shall be liable to the government for a penalty in the amount of fifty percent of the amount recovered. Treas.Reg. § 301.6332-1(b)(2) finds reasonable cause where there is a bona fide dispute concerning the amount of property to be surrendered pursuant to the levy or the legal effectiveness of the levy. Although the regulation is unclear as to whether priority issues raise such bona fide disputes, cases interpreting the statute have found reasonable cause when a defendant has brought a wrongful levy action prior to remittance or where there was a dispute over the applicability of the defenses to a § 6332 claim. See supra p. 460-61. See United States v. Donahue Indus., Inc., 905 F.2d 1325 (9th Cir.1990) (<HOLDING>); Texas Commerce Bank-Fort Worth, N.A. v. Options: A. holding that one who acquires legal title with notice of a prior equitable interest in the property is not a bona fide purchaser B. holding that bona fide dispute over whether bank actually possessed property belonging to taxpayer is reasonable cause C. recognizing that chapter 7 trustee as hypothetical bona fide purchaser takes title to the real property free from all equitable liens D. recognizing that if a creditors claim is subject to a bona fide dispute that creditor lacks standing to file an involuntary petition E. holding that a bona fide purchaser may be considered in privity with its predecessor

assistant: The best answer is B. holding that bona fide dispute over whether bank actually possessed property belonging to taxpayer is reasonable 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 legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement and the other Loan Documents shall be binding upon and inure to the benefit of the parties hereto and thereto and their respective successors and assigns permitted hereby, except that neither the Borrowers nor any other Loan Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender (except as otherwise permitted pursuant to Section 7.04 ) and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of subsection (b) of this Section, (ii) by way of participation in accordance with the provisions of subsection (d) of this Section, or (iii) by way of pledge or assignment of a security interest subject to the restrictions of subsection (e) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent, the L/C Issuer and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors
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: regarding the disposition of frozen embryos is A.Z. v. B.Z., 431 Mass. 150, 725 N.E.2d 1051 (2000). It involved the familiar pattern of IVF resulting in unused frozen embryos, followed by a divorce. There, however, the 1991 IVF resulted in the birth of twins. Id. at 1053. Moreover, the consent forms, signed by the husband in blank, had been completed by the wife to provide that on the donors’ separation the embryos were to be given to the wife for implantation. Id. at 1054. The trial court, at the husband’s request, had permanently enjoined the wife “from utilizing” the frozen embryos. Id. at 1054-55. The Supreme Judicial Court of Massachusetts affirmed. The court determined that the consent form was not binding “[i]n view of 57, 98 S.Ct. 1729, 1734, 56 L.Ed.2d 185, 194 (1978) (<HOLDING>). Moreover, we should not decide constitutional Options: A. holding that a statement of conditional sale of goods can be filed with the state auditor before the delivery of goods where statute says the statement must be filed within ten days of delivery of goods B. holding that the termination of electric service by a public utility for nonpayment of bills was not state action C. holding that warehouse companys sale of customers goods for nonpayment of storage charges did not constitute state action though authorized by state statute D. holding that while the fourteenth amendment is directed against state action and not private action the state action requirement is met in a civil action where state law is applied whether by statute or common law E. holding that speaking to potential customers to determine an appropriate price does not constitute an offer for sale

assistant: The best answer is C. holding that warehouse companys sale of customers goods for nonpayment of storage charges did not constitute state action though authorized by state statute
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: Judge. Lasundra Harley appeals her conviction for aggravated child abuse after a jury trial, as well as her sixty-two month prison sentence. We affirm her conviction without comment. We affirm Harley’s sentence because her claim of vindictive sentence was not preserved for appeal. She did not object or raise the specific issue at sentencing, and she did not file a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b). See Brannon v. State, 850 So.2d 452, 456 (Fla.2003) (<HOLDING>). Affirmed. NORTHCUTT and SALCINES, JJ„ Options: A. holding that failure to raise issue at district court forecloses party from raising same issue on appeal B. holding that general objection did not preserve error on appeal C. holding in a similar context that filing a postconviction motion is a timely means of raising an alleged error by the circuit court during sentencing D. holding that to successfully challenge a departure sentence on appeal the state must properly preserve the issue by objection during the sentencing hearing E. holding that failure to preserve a fundamental sentencing error by motion under rule 3800b or by objection during the sentencing hearing forecloses a defendant from raising the error on direct appeal

assistant: The best answer is E. holding that failure to preserve a fundamental sentencing error by motion under rule 3800b or by objection during the sentencing hearing forecloses a defendant from raising the error on direct appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise specified herein or if the context may otherwise require, capitalized terms not defined in this Agreement shall have the respective meanings assigned such terms set forth in (i) the Series 2019-A Indenture Supplement, dated as of March 13, 2019 (the “ Series 2019-A Indenture Supplement ”), by and among the Issuer and U.S. Bank National Association, as Indenture Trustee, or (ii) if not defined in the Series 2019-A Indenture Supplement, the Amended and Restated Annex of Definitions, dated as of October 15, 2003 (the “ Annex of Definitions ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All communications and notices hereunder shall be in writing and given as provided in Section 9.01 of the Credit Agreement. All communications and notices hereunder to each Guarantor (other than the Company) shall be given to it in care of the Company as provided in Section 9.01 of the Credit Agreement.

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: Notwithstanding anything else herein to the contrary, the Company may withhold (or cause there to be withheld, as the case may be) from any amounts otherwise due or payable under or pursuant to this Agreement such federal, state and local income, employment, or other taxes as may be required to be withheld pursuant to any applicable law or regulation.

assistant: Tax 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 case excerpt and choose the best holding from the options. Case excerpt: or remove the fiduciary for breach of fiduciary duty, and the court has discretion under any of the civil enforcement provisions to award attorneys’ fees and costs to either party. Id. at 1078-79. It is well settled that “these civil enforcement provisions are ‘e for Met-Life’s alleged improper processing of plaintiffs benefits claim to “benefits due ... under the terms of the plan.” 29 U.S.C. § 1132(a)(1)(B). The Kentucky Act therefore “allows plan participants ‘to obtain remedies ... that Congress rejected in ERISA.’ ” Rush Prudential, 536 U.S. at 377, 122 S.Ct. 2151 (quoting Pilot Life, 481 U.S. at 54, 107 S.Ct. 1549). Accordingly, plaintiff's claims under the Kentucky Act are preempted by ERISA. See, e.g., Dearing v. Cont'l Assur. Co., 1993 WL 4168, at *2 (W.D.Ky. Jan.6, 1993) (<HOLDING>); Cummings v. Thomas Indus., Inc., 812 F.Supp. Options: A. holding claims under the kentucky act were preempted because they conflicted with erisas civil enforcement scheme B. holding that kentucky counties tenthamendment challenge to the clean air act obviously fails under garcia C. holding that the plaintiffs causes of action were preempted because their claims were premised on the existence of an erisa plan D. holding claims under the kentucky act were preempted because the kentucky act conflicts with the most specific and important of the erisa civil enforcement provisions E. holding the state law claims were not preempted

assistant: The best answer is D. holding claims under the kentucky act were preempted because the kentucky act conflicts with the most specific and important of the erisa civil enforcement provisions
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: factual finding of reasonable foreseeability, an error that would require a remand. See Gutierrez-Hernandez, 94 F.3d at 585. The district court, however, adequately made such a finding: the judge explicitly adopted the factual findings of the presen-tence report and told Laney that "although I do recognize that you yourself were not ... present during the actual events ... you’re responsible under the law for the conduct of the coconspirators and indeed after the ... conduct had taken place, you tend[ed] to participate in overt acts that relate to that.” See United States v. Whitecotton, 142 F.3d 1194, 1198 (9th Cir.1998) (stating that district court may make findings by specifically adopting findings of presentence report); United States v. Willis, 899 F.2d 873, 875 (9th Cir.1990) (<HOLDING>). 9 .The court did not abuse its discretion by Options: A. holding that a court of appeals may presume reasonable a district courts proper application of the sentencing guidelines B. holding that even without booker constitutional error in the district courts application of the guidelines there could be nonconstitutional error where the court applied the guidelines in a mandatory fashion C. holding that the mere mandatory application of the guidelines the district courts belief that it was required to impose a guidelines sentence constitutes error D. holding that district court did not violate ex post facto clause in sentencing defendant above guidelines maximum where district court assumed guidelines to be advisory prebooker E. holding that district court need not use the exact reasonable foreseeability language used in guidelines

assistant: The best answer is E. holding that district court need not use the exact reasonable foreseeability language used in guidelines
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: Judge, United States District Court for the Northern District of Iowa. 3 . Officers found Neeman asleep in a car that was parked askew with its lights on and engine running. After they woke him up, the officers noticed that Neeman had watery, red eyes. Although Neeman passed the field sobriety tests subsequently administered to him, the officers continued to detain him while they visually inspected his vehicle. The officers found marijuana. We held that the detention for the vehicle inspection was appropriately supported by the suspicious circumstances present. Neeman, 2000 WL 489581, *1. 4 . In fact, the Supreme Court has lauded the use of drug-sniffing dogs for their unique ability to directly dispel suspicion quickly and with minimal intrusion. See Bloomfield, 40 F.3d at 917 n. 7 (<HOLDING>); Place, 462 U.S. at 707, 103 S.Ct. 2637 ("[i]n Options: A. recognizing that the supreme court considers drugdog sniffs often the fastest and least intrusive method of resolving suspicions during an investigative stop B. recognizing this method C. holding an agency decision is not final during the time the agency considers a petition for review D. recognizing but not resolving this question E. recognizing offset method

assistant: The best answer is A. recognizing that the supreme court considers drugdog sniffs often the fastest and least intrusive method of resolving suspicions during an investigative stop
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 Seller nor Operating Tenant has received any written notice of a breach or default under any insurance policy maintained by or on behalf of the Seller with respect to the Property, which has not been cured or dismissed, or the cancellation of such insurance policy.

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: Directly or indirectly, use the proceeds of the Loans, or lend, contribute or otherwise make available the proceeds of the Loans to any Person, to fund any activities of or business with any Person, or in any Sanctioned Country, that, at the time of such funding, is the subject of Sanctions, or in any other manner that will result in a violation by any Person of Sanctions.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you acknowledge that any third-party services that you use in connection with the fitbit service , such as third party applications accessed on fitbit devices , are not part of the fitbit service and are not controlled by fitbit , and you take sole responsibility and assume all risk arising from your interaction with or use of any third-party services .

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: the physician who had prescribed the plaintiff a vaccine for shingles “testified at deposition that she was aware of the adverse reactions associated with ZOSTAVAX.” Id. at 151. The manufacturer’s alleged failure to adequately disclose the risks of the drug, therefore, was not the proximate cause of the plaintiffs injuries. Id. at 151-52. Similarly, in Banker v. Hoehn, “there [was] no question” that the treating physician “was fully cognizant of the potential of hypertrophic scarring” from the use of an argon laser to treat a facial birthmark. 718 N.Y.S.2d at 441. That knowledge was an “intervening event” in the causal chain which “reliev[ed] the manufacturer of any liability to a patient under the failure to warn theory.” Id. at 440-41. See also Figueroa, 254 F.Supp.2d at 370 (<HOLDING>); Glucksman, 553 N.Y.S.2d at 726-27 (holding Options: A. holding that the physician who included the cost of an intrauterine contraceptive device in the fee for his insertion of the device was a seller under the uniform commercial code B. holding that where a treating physicians opinion is contradicted by a consulting physician the alj must explain on the record the reasons for rejecting the opinion of the treating physician C. holding that vicarious liability claim against union based on medical malpractice of treating physician is not preempted by erisa D. holding that the alj erred by failing to mention the contrary opinion of a treating physician E. holding that no proximate causation existed where a treating physician is well aware of the risks of a medical device independent of any warning by the manufacturer

assistant: The best answer is E. holding that no proximate causation existed where a treating physician is well aware of the risks of a medical device independent of any warning by the manufacturer
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 withholding deportation, the applicant must show that it is “more likely than not” that his or her “life or freedom would be threatened on account of’ a protected ground if he or she were deported. Id. at 1174 (citing 8 C.F.R. § 208.16(b)). Thus, “[a]n alien must satisfy a more stringent standard for withholding deportation than for asylum.” Id. at 1173; see also Velarde, 140 F.3d at 1309 (citing INS v. Cardoza-Fonseca, 480 U.S. 421, 431, 107 S.Ct. 1207, 94 L.Ed.2d 434 (1987)). Martirosyan asserts that he has a well-founded fear of persecution as a conscientious objector. Generally speaking, compulsory military service or prosecution for desertion does not constitute persecution within the meaning of the INA. See id. at 1450; see also Elias-Zacarias, 502 U.S. at 481, 112 S.Ct. 812 (<HOLDING>). But “conscientious objection to military Options: A. holding that retaliation for opposition to government corruption can constitute persecution on account of a political opinion B. holding that attempted conscription by a guatemalan guerrilla group did not constitute persecution on account of a political opinion where petitioner failed to show that the group was motivated by his political opinion C. holding that persecution was on account of political opinion because petitioners prosecutorial investigation into acts of political corruption was by its very nature political D. holding that guerrilla groups attempt to recruit alien did not establish persecution based on political opinion E. holding that a guerrilla organizations attempt to coerce a person into performing military service does not necessarily constitute persecution on account of political opinion

assistant: The best answer is E. holding that a guerrilla organizations attempt to coerce a person into performing military service does not necessarily constitute persecution on account of political opinion
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: for any software made available for download on this website not accompanied by a license agreement , we hereby grant to you , the user , a limited , personal , nontransferable license to use the software for viewing and otherwise using this website in accordance with these terms and conditions and for no other purpose .

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: Subject to the restrictions and other conditions set forth herein, the Company, for and on behalf of the Company, and/or any Affiliate (as defined in the Plan) that employs Associate, hereby grants to Associate an Award of [ ] RSUs.

assistant: General
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 award of the RSUs to Executive and the obligation of Newmont to deliver shares of Common Stock hereunder shall be subject to (i) all applicable federal, state, local and foreign laws, rules and regulations, and (ii) any registration, qualification, approvals or other requirements imposed by any government or regulatory agency or body which the Newmont Committee shall, in its sole discretion, determine to be necessary or applicable. Moreover, shares of Common Stock shall not be delivered hereunder if such delivery would be contrary to applicable law or the rules of any stock exchange.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we encourage you to give the privacy policy a careful look because , by using our services , you agree that your information may be collected and processed by snap group limited in the uk and snap inc. in the u.s. , as well as their affiliates , and transferred outside of the country in which you reside , including to countries that may not have the same data-protection laws as your country .

assistant: Contract by using
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: Employer shall pay Executive an annual base salary as established by the Board of Directors from time-to-time (“ Base Salary ”). Executive’s Base Salary shall be payable in accordance with Employer’s regular payroll schedule, but not less frequently than twice per month. The initial Base Salary shall be $460,000 per annum.

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: All corporate action on the part of the Logitech necessary for the authorization, execution and delivery of this Agreement and the Logitech Agreements by Logitech, the sale and delivery of the Secondary Shares, and the performance of all of Logitech’s obligations under this Agreement and the Logitech Agreements, has been taken prior to the Closing. This Agreement and the Logitech Agreements, when executed and delivered by Logitech, shall constitute valid and binding obligations of Logitech, enforceable in accordance with their terms, except (i) as limited by laws of general application relating to bankruptcy, insolvency and the relief of debtors, (ii) as limited by rules of law governing specific performance, injunctive relief or other equitable remedies and by general principles of equity, and (iii) to the extent the indemnification provisions contained in the Agreements may further be limited by applicable laws and principles of public policy.

assistant: Authorizations
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: facts, I find it necessary only to affirm the denial of International Paper Company’s motion to dismiss. I — I Even were I to reach the issue of the state law applicable in this case, I would not interpret the Act to require a court sitting in the State where the injury has occurred (affected State) to apply the nuisance law of the State from which the pollution emanates (source State). Nothing in the Act preempts the usual two-step analysis undertaken by federal district courts to determine which state tort law should be applied in interstate tort suits. First, the district court must apply the conflict-of-law rules of the State in which the court sits. See Day & Zimmerman, Inc. v. Challoner, 423 U. S. 3, 4 (1975); Klaxon Co. v. Stentor Electric Mfg. Co., 313 U. S. 487, 496 (1941) (<HOLDING>). Thus, the Vermont District Court should apply Options: A. holding that erie doctrine applies to conflictoflaw rules B. holding that rookerfeldman doctrine applies only where state court appeals process has run its full course C. holding that the party asserting work product protection has the burden of establishing that the doctrine applies D. recognizing doctrine E. holding that jurisdiction must be resolved before applying the act of state doctrine because that doctrine is a substantive rule of law

assistant: The best answer is A. holding that erie doctrine applies to conflictoflaw rules
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 the admissibility of evidence shall be determined by the court.... In making its determination it is not bound by the rules of evidence except those with respect to privileges."); also A.R.E. 104(a) (stating the identical Alaska rule). 23 . Daubert, 509 U.S. at 592, 113 S.Ct. at 2796 (footnotes omitted). 24 . Id. at 593-94, 113 S.Ct. at 2796-97. 25 . Id. 26 . Id. at 589, 113 S.Ct. at 2795. 27 . Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 141, 119 S.Ct. 1167, 1171, 143 L.Ed.2d 238 (1999). 28 . Id. at 150, 119 S.Ct. at 1175. 29 . Edward J. Imwinkelried, The Next Step After Daubert: Developing a Similarly Epistemological Approach to Ensuring the Reliability of Nonscientific Expert Testimony, 15 Cardozo L.Rev. 2271, 2285 (1994). 30 . See Kumho Tire, 526 U.S. at 14 1, 5 (1997) (<HOLDING>). 37 . See, eg., United States v. Griffin, 50 Options: A. holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care B. holding trial court acted within its discretion in excluding expert testimony C. holding that trial court erred in excluding material testimony when court misapprehended partys awareness of witness D. holding that the trial court had erred by excluding the expert testimony of a doctor E. holding that the trial court erred in excluding expert witness testimony that police interrogation tac tics made defendant susceptible to giving a false confession

assistant: The best answer is E. holding that the trial court erred in excluding expert witness testimony that police interrogation tac tics made defendant susceptible to giving a false confession
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 may withhold from any amounts payable to Executive hereunder all federal, state, city or other taxes that the Company may reasonably deter-mine are required to be withheld pursuant to any applicable law or regulation.

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 case excerpt and choose the best holding from the options. Case excerpt: with any proposed retraction by adjusting the net profits for the rental increase at the end of the trial period. Finally, by terminating Gilmore and refusing to go forward with the sale unless Gilmore paid the Duderstadts an extra $200,000, the Duderstadts apparently sought to impose a new condition not in accord with the original contract, thereby defeating any attempted retraction. See Pichignau, 70 Cal.Rptr. at 149. Thus, because the evidence does not conclusively establish a retraction by the Duderstadts, we hold that Gilmore presented sufficient evidence entitling the jury to consider the issue of anticipatory repudiation. If, upon retrial, anticipatory repudiation is proven, Gilmore would be entitled to his compensatory damages for total breach. See Restatement, supra, § 253(1) (<HOLDING>). {21} Defendants argue that the trial court Options: A. holding that the failure to act in good faith does not amount to an independent tort the breach of the implied duty under the ucc gives rise only to a cause of action for breach of contract B. holding that repudiation alone gives rise to a claim for damages for total breach C. holding that a licensees material breach implicitly gives rise to a licensors right to terminate D. holding that anticipatory repudiation permits the other party to claim damages for total breach E. holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract action

assistant: The best answer is B. holding that repudiation alone gives rise to a claim for damages for total breach
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: The Parties will: a. limit disclosure of any Confidential Information to its directors, officers, employees, agents or representatives (collectively "Representatives") who have a need to know such Confidential Information in connection with the Transaction, and only for that purpose; The Receiving Party agrees to use the same degree of protection it uses for its own trade secret information, and in no event less than reasonable efforts, to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person other than the Receiving Party's employees having a need for disclosure in connection with the Receiving Party's authorized use of the Confidential Information.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The prevailing Party, as determined by the arbitrators, shall be entitled to (a) its share of fees and expenses of the arbitrators and (b) its reasonable attorneys’ fees and associated costs and expenses. In determining which Party “prevailed,” the arbitrators shall consider (i) the significance, including the financial impact, of the claims prevailed upon and (ii) the scope of claims prevailed upon, in comparison to the total scope of the claims at issue. If the arbitrators determine that, given the scope of the arbitration, neither Party “prevailed,” the arbitrators shall order that the Parties (1) share equally the fees and expenses of the arbitrators and (2) bear their own attorneys’ fees and associated costs and expenses.

assistant: Costs
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 Employment Period, Executive shall serve as President and Chief Executive Officer of the Company and shall be responsible for serving as the principal executive officer with management responsibility for overseeing the performance of the Company's other executive officers, and such other related duties and responsibilities as are customarily assigned to individuals serving in that position. Executive will also serve as a member of the Company's Operating Committee. Executive agrees that during the Employment Period, Executive shall devote as much of his skill, knowledge, commercial efforts and business time as the Board shall reasonably require for the conscientious and good faith performance of his duties and responsibilities to the best of his ability.

assistant: Positions