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: the other person in fear.” People v. Davenport, 230 Mich.App. 577, 583 N.W.2d 919, 921 (1998). At the time Davis entered the stolen vehicle the elements of the crime had been satisfied. Second, although flight in this instance may provide an inference of knowledge of the crime, it does not similarly provide an inference that Davis took a conscious action to aid the commission of the crime. Finally, the fact that Davis was found stripping the car several hours after the crime provides no indication or inference that Davis encouraged Washington in the commission of the crime in any way. This fact may provide evidence that Davis was an accessory after the fact; however, assisting after the fact is not sufficient to find Davis guilty of aiding and abetting. See Hopson, 1987 WL 37432, at *2 (<HOLDING>). Furthermore, taking the facts together does Options: A. holding that postcrime conduct does not support finding beyond a reasonable doubt that defendant aided crime B. holding factual finding authorizing death penalty must be found by a jury beyond a reasonable doubt C. holding that conviction of a crime requires proof beyond a reasonable doubt of every fact necessary to constitute the crime D. holding that any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt E. holding that beyond reasonable doubt standard not required in termination cases

assistant: The best answer is A. holding that postcrime conduct does not support finding beyond a reasonable doubt that defendant aided crime
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 of the Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its and its Affiliates’ respective partners, directors, officers, employees, agents, trustees, advisors and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (ii) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to the Borrower and its obligations, (g) with the consent of the Borrower or (h) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section by such Lender, (ii) was or becomes available to the Administrative Agent, any Lender, the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a source other than the Borrower or (iii) was independently developed by the Administrative Agent, such Lender or L/C Issuer.

assistant: Confidentiality
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 shall, upon reasonable notice, furnish such information and assistance to the Bank as may be reasonably required by the Bank, in connection with any litigation in which it or any of its subsidiaries or affiliates is, or may become, a party; provided, however, that Executive shall not be required to provide information or assistance with respect to any litigation between Executive and the Bank or any other subsidiaries or affiliates.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: us. With the Sickles and Markadonatos decisions in mind, we conclude that Mickel-son and Statham did not plead facts sufficient to establish that Ramsey County’s booking-fee policy fails to pass constitutional muster simply because it provides a post-deprivation remedy instead of a pre-deprivation hearing. The county has in place a coordinated refund process, and the modest private interest at stake does not approach those interests found to warrant a full-fledged pre-deprivation hearing. See Sickles, 501 F.3d at 730. The district court thus correctly concluded that the county’s interest in ensuring it can collect the statutorily authorized fee outweighs the minimal paperwork and temporary deprivation imposed on wrongfully deprived arrestees. Cf. Craft, 436 U.S. at 19, 98 S.Ct. 1554 (<HOLDING>). Accordingly, we conclude that the Mathews Options: A. recognizing the potential length of the deprivation in evaluating whether a procedure is adequate B. holding that the adam walsh amendments in categorically preventing an individualized determination of risk provide near certainty of erroneous deprivation of defendants liberty interest C. holding that a 50 percent error rate would constitute a substantial risk of erroneous deprivation D. holding that where the recipient is a federal prisoner the government is required to provide him with actual notice of a deprivation E. holding that a prior hearing is not required where the potential length or severity of the deprivation does not indicate a likelihood of serious loss and where the procedures are sufficiently reliable to minimize the risk of erroneous determination

assistant: The best answer is E. holding that a prior hearing is not required where the potential length or severity of the deprivation does not indicate a likelihood of serious loss and where the procedures are sufficiently reliable to minimize the risk of erroneous determination
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 foregoing indemnities shall apply whether or not liabilities and costs set forth above are in any way or to any extent owed, in whole or in part, under any claim or theory of strict liability. The provisions of this Article shall survive the termination or assignment of this Agreement and the other Basic Documents and the resignation or removal of any party.

assistant: Survival
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: in the event that spotify makes any future change to this arbitration provision ( other than a change to spotify 's address for notice ) , you may reject any such change by sending us written notice within 30 days of the change to spotify 's address for notice , in which case your account with spotify shall be immediately terminated and this arbitration provision , as in effect immediately prior to the amendments you reject , shall survive .

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: matters here, in defendant Smith’s case, the violation of the rule is clear. The record does not contain Smith’s written consent to the student’s representation, and the transcript does not indicate that the trial judge was made aware that a 711 student was participating in the suppression hearing. I would therefore grant Smith a new trial. Respondent Denzel W’s case is more problematic. By failing to address the consent portion of the rule, the court bypasses the more fundamental question of whether the rule even applies to juvenile proceedings. Rule 711 states that eligible students may participate in civil and criminal matters. The rule does not specifically refer to juvenile proceedings, which are neither criminal nor civil proceedings. See In re W.C., 167 Ill. 2d 307, 326 (1995) (<HOLDING>). Assuming Rule 711 does apply to juvenile Options: A. holding that requiring a petitioner to establish by clear and convincing evidence that visitation is in the best interests of the child would provide effective protection for a parents choice except where the choice is plainly contrary to a childs best interests B. recognizing that a juvenile proceeding is nonadversarial and designed to further the best interests of the minor C. holding that paramount consideration in terminationofparentalrights proceeding is best interests of the child D. recognizing that a trial court must make a finding that the timesharing schedule is in the childs best interests E. holding that cooperation between parents is essential if the arrangement is to be in the best interests of the child

assistant: The best answer is B. recognizing that a juvenile proceeding is nonadversarial and designed to further the best interests of the minor
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 proceeding brought against any of the parties to this Agreement on any dispute arising out of this Agreement or any matter related hereto shall be brought in the courts of the County of Mercer, State of New Jersey, or in the United States District Court for New Jersey, and, by execution and delivery of this Agreement, each of the parties to this Agreement accepts the exclusive jurisdiction of such courts, and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Agreement.

assistant: Jurisdictions
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: form warranty deed Mr. Clemons executed described the homestead property and named himself and “Ruth Clemons his wife” as grantees. But the deed contained a typewritten provision immediately following the property description, entitled “Addition to This Instrument,” which stated: The parties of the second part, W.C. Clemons Jr. and Ruth Clemons Witness that the death of the last surviving party of the second part [sic] shall be cause to convey and confirm and assign forever all that certain parcel of land described above to Joyce M. Thornton. Mr. Clemons died intestate some seven years later, survived by his widow and lineal descendants, including Joyce M. Thornton. By deed dated January 6, 2004, Mrs. Clemons purported to convey the property to herself and L 1121 (Fla. 3d DCA 1993) (<HOLDING>). We perceive no basis on which to disturb the Options: A. holding that all parts of the same statute dealing with the same subject are to be construed together as a whole and individual expressions be accorded only that meaning which other modifying provisions and the clear intent and purpose of the act will permit internal citations omitted B. recognizing rule of statutory construction that statutes must be read as a whole and sections which are part of the same general statutory scheme must be construed together and each given effect if it can be done by any reasonable construction C. holding that if there is only one construction that will permit all parts of the deed to be given effect it should be followed D. holding that construction that neutralizes any provision of a contract should not be adopted if the contract can be construed to give effect to all provisions E. holding that if it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice which we expect will often be so that course should be followed

assistant: The best answer is C. holding that if there is only one construction that will permit all parts of the deed to be given effect it should be followed
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: we conclude that any error in the admission of the testimony was harmless. XI. Cumulative error In nearly every instance in which the Appellants claimed error in the proceedings leading to their convictions, we have found that the district court did not err. To those claims, cumulative error is simply inapplicable. See United States v. Martinez-Martinez, 369 F.3d 1076, 1090 (9th Cir.2004). To the extent that we have found that any claimed error of the district court was harmless, or that claimed error did not rise to the level of plain error, we conclude that the cumulative effect of such claimed errors is also harmless because it is more probable than not that, taken together, they did not materially affect the verdict. See United States v. Berry, 627 F.2d 198, 201 (9th Cir.1980) (<HOLDING>); United States v. Wallace, 848 F.2d 1464, 1476 Options: A. holding cumulative error not reversible if it is more probably harmless than not B. holding that an error is harmless where it is highly probably that the error did not affect the outcome of the case C. holding that to grant a new trial the error must be more than harmless D. holding improperly admitted evidence may be harmless if cumulative E. holding that it was reversible error for the trial court to consider cumulative error in assessing claims of ineffective assistance of counsel

assistant: The best answer is A. holding cumulative error not reversible if it is more probably harmless than not
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in nature and may be waived if not timely raised. Section 1445(c) applies to prohibit the removal of a civil action arising under the workmen’s compensation laws of a state. It does not prohibit federal district court’s from exercising supplemental jurisdiction under § 1367. The state worker compensation statutes themselves may affect the court’s jurisdiction by requiring claims to be filed with an administrative agency. However, such is not the case for claims of retaliatory discharge for exercising rights under Michigan’s WDCA. As noted above, the expeditious and inexpensive procedures found in Michigan’s WDCA are not utilized when an employee alleges retaliatory discharge. Such a claim is treated like any other tort and can be filed in state court. See Delke, 460 N.W.2d at 327-28 (<HOLDING>); see also Lamoria, 584 N.W.2d at 600; Chiles Options: A. recognizing the tort of retaliatory discharge B. holding the retaliation claim did arise under states workers compensation laws C. recognizing retaliatory discharge tort implied by the workers compensation act D. holding that retaliation claim did not arise under states workers compensation laws E. holding that the bureau of workers disability compensation did not have jurisdiction to hear retaliation claims and explaining that the michigan legislatures intent was not to create an administrative remedy for retaliatory discharge

assistant: The best answer is E. holding that the bureau of workers disability compensation did not have jurisdiction to hear retaliation claims and explaining that the michigan legislatures intent was not to create an administrative remedy for retaliatory discharge
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 provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance therefrom. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

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: No benefit shall be granted more than ten years after May 5, 2011, the date of the approval of the amendments to this Plan by the shareholders of the Company. The terms and conditions applicable to any benefits granted prior to such date may at any time be amended, modified or canceled by the Committee, or the Committee may waive any conditions to the vesting or settlement of any such benefits; provided that, except as otherwise provided in this Plan or an award agreement, or as the Committee determines to be necessary to satisfy any applicable law (including Section 409A of the Code), the Committee shall not cancel any outstanding benefit, or amend or modify any outstanding benefit, in a manner that is materially adverse to the participant to whom such benefit was granted without the prior written consent of the participant. However, the Company will not reduce the exercise price of outstanding options or cancel outstanding options and grant replacement options having a lower exercise price without the approval of the Company's shareholders. Adjustments pursuant to paragraph 18 shall not be subject to the foregoing limits of this paragraph 20.

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: Notwithstanding anything in this Agreement to the contrary, the provisions of Section 3.08 and this Article VII shall survive for the full period of all applicable statutes of limitations (giving effect to any waiver, mitigation or extension thereof) plus 60 days.

assistant: Survival
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: mischaracterize the precedent examining whether such transactions involve securities. Contrary to Defendants’ position that such transactions are analyzed solely as potential investment contracts, the precedent views such agreements as constituting both a note that is potentially a security and an agreement that is a potential investment contract. See, e.g., American Fletcher, 635 F.2d at 1251; Provident Nat. Bank v. Frankford Trust Co., 468 F.Supp. 448, 451 (E.D.Pa.1979). This is the correct approach, but all but one of the eases cited by Defendants applied overruled or outdated law. See Reves, 494 U.S. at 64-65, 110 S.Ct. 945 (adopting “family resemblance” test over “investment-commercial” test for notes); S.E.C. v. Edwards, 540 U.S. 389, 394, 124 S.Ct. 892, 157 L.Ed.2d 813 (2004) (<HOLDING>). And the one post-1990 case cited by Options: A. holding that plaintiffs express contract with the surety company precludes an implied contract with defendant B. holding that an investment contract with a fixed return can still be security C. holding that whether a tic investment could be characterized as a security was a factbased inquiry D. holding that although a financing statement may be used to assist in the interpretation of the security agreement the financing statement does not create a security interest and cannot extend a security interest beyond what has been unambiguously described in a security agreement E. holding as an investment for future development

assistant: The best answer is B. holding that an investment contract with a fixed return can still be security
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 PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REQUIREMENTS OF law , ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY SUIT, ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY) DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. EACH PARTY HERETO (a) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HERETO HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (b) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

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: 374 U.S. at 20, 83 S.Ct. 1646); Red Star Towing, 552 F.Supp. at 371 (“[Fitzgerald] established that a litigant in admiralty is not entitled as a matter of right to a non-jury trial ....”) Furthermore, when non-jury admiralty claims are joined with legal claims carrying a jury right, the constitutional right to a jury should prevail. See Mayer v. Cornell Univ., 909 F.Supp. 81, 85 (N.D.N.Y.1995) (stating “general rule” that “when admiralty claims are joined with claims which carry the right to a jury, the right to a jury prevails”); In re Complaint of Berkley Curtis Bay Co., 569 F.Supp. 1491, 1494 (S.D.N.Y.1983) (“[W]here the nonjury’ admiralty tradition and a plaintiffs jury right conflict, the jury right must prevail.”); Parsell v. Shell Oil Co., 421 F.Supp. 1275, 1276-77 (D.Conn.1976) (<HOLDING>); see also 8 Moore’s Federal Practice § 38.32 Options: A. holding that a demand for a trial by jury is inconsistent with an intent to proceed in admiralty B. holding in action involving single claim that if claim sounded only in admiralty there would be no right to a jury trial but if federal question was present as a separate and independent basis for federal jurisdiction then the jury demand must be honored C. recognizing that parties had right to trial by jury in trespass action but holding that parties waived that right under cr 3804 by not filing a demand for a jury trial D. holding district court could not declare jury advisory in action triable of right by a jury and even if no right to jury trial existed in case it would be abuse of discretion to declare jury advisory after both sides rested but before jury was instructed E. holding that under rule 38e there is no right to a trial by jury if plaintiff chooses to identify his claim as admiralty or maritime as permitted by rule 9h

assistant: The best answer is B. holding in action involving single claim that if claim sounded only in admiralty there would be no right to a jury trial but if federal question was present as a separate and independent basis for federal jurisdiction then the jury demand must be honored
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: the arbitrator shall not be bound by rulings in prior arbitrations involving different evernote users , but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law .

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: Except as expressly set forth herein, each Party shall be responsible for its own fees and expenses incurred in connection with the negotiation, execution and performance of this Agreement and the transactions contemplated hereby, including, but not limited to, any matters related to any regular or special meeting of the Company.

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 legal provision and list the applicable contract clause categories. Provision: Agent, each Lender and each Transferee shall hold all non-public information obtained by Agent, such Lender or such Transferee pursuant to the requirements of this Agreement in accordance with Agent’s, such Lender’s and such Transferee’s customary procedures for handling confidential information of this nature; provided , however , Agent, each Lender and each Transferee may disclose such confidential information (a) to its examiners, Affiliates, outside auditors, counsel and other professional advisors, (b) to Agent, any Lender or to any prospective Transferees, and (c) as required or requested by any Governmental Body or representative thereof or pursuant to legal process; provided , further that (i) unless specifically prohibited by Applicable Law, Agent, each Lender and each Transferee shall use its reasonable best efforts prior to disclosure thereof, to notify the applicable Borrower of the applicable request for disclosure of such non-public information (A) by a Governmental Body or representative thereof (other than any such request in connection with an examination of the financial condition of a Lender or a Transferee by such Governmental Body) or (B) pursuant to legal process and (ii) in no event shall Agent, any Lender or any Transferee be obligated to return any materials furnished by any Borrower other than those documents and instruments in possession of Agent or any Lender in order to perfect its Lien on the Collateral once the Obligations have been paid in full and this Agreement has been terminated. Each Borrower acknowledges that from time to time financial advisory, investment banking and other services may be offered or provided to such Borrower or one or more of its Affiliates (in connection with this Agreement or otherwise) by any Lender or by one or more Subsidiaries or Affiliates of such Lender and each Borrower hereby authorizes each Lender to share any information delivered to such Lender by such Borrower and its Subsidiaries pursuant to this Agreement, or in connection with the decision of such Lender to enter into this Agreement, to any such Subsidiary or Affiliate of such Lender, it being understood that any such Subsidiary or Affiliate of any Lender receiving such information shall be bound by the provisions of this Section 16.15 as if it were a Lender hereunder. Such authorization shall survive the repayment of the other Obligations and the termination of this Agreement.

assistant: Confidentiality
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: Unless otherwise defined or expressly given a different meaning in this Agreement, each capitalized term in this Agreement shall have the meaning given to it in The Progressive Corporation 2015 Equity Incentive Plan (the “Plan”). Financial and operational terms used in this Agreement (e.g., references to business lines, units or segments) are used consistently with the use of those terms in the Company’s Form 10-K (including exhibits and other documents incorporated therein) for the fiscal year ended December 31, 2018 (the “Form 10-K”). It is understood that references herein to any performance results of the Company mean the applicable operating results of the Company and its Subsidiaries and Affiliates.

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 notices and demands given under the terms of Agreement shall be in writing and may be effected by personal delivery, including by any commercial courier or overnight delivery service, or by United States registered or certified mail, return receipt requested, with all postage and fees fully prepaid. Notices shall be effective upon receipt by the party being given notice, as indicated by the return receipt if mailed; except that if a party has relocated without providing the other party with its new address for service of notices, or if a party refuses delivery of a notice upon its tender, the notice shall be effective upon the attempt to serve the notice at the last address given for service of notices upon that party. Alternatively, notices may be sent by email, with written confirmation sent the same day by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered upon receipt of confirmation of transmission of such email. Notices shall be addressed as provided in the Basic Provisions. Any address for service of notice on either party may be changed by that party serving a notice upon the other of the new address, except that any change of address to a post office box shall not be effective unless a street address is also specified for use in effectuating personal service.

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 case excerpt and choose the best holding from the options. Case excerpt: of paternity exceeded the scope of the contempt proceeding, the trial court erred in vacating the order without notice that the issues would be heard. The second issue is whether the trial court even had jurisdiction to vacate a paternity order entered almost two years ago. This Court has held that “ ‘[ajbsent a showing of fraud upon the court, a paternity order is res judicata on the issue of paternity and re-litigation of paternity issues would be unauthorized in connection with a subsequently-filed motion for contempt for failure to pay court-ordered child support.’ ” Dep’t of Revenue v. Allen, 717 So.2d 130 (Fla. 4th DCA 1998) (quoting Dep’t of Revenue v. Goulbourne, 648 So.2d 866, 857 (Fla. 4th DCA 1995)); see also DeVaughn v. Dep’t of Revenue, 691 So.2d 11, 12 (Fla. 4th DCA 1997) (<HOLDING>). In this case, paternity was established by Options: A. holding that ajbsent fraud on the court the trial court did not have jurisdiction to set aside the 1982 judgment of paternity more than one year after its rendition B. holding that the trial court had no jurisdiction to modify its final order more than 30 days after its final judgment C. holding that the trial court was without authority to set aside entry of default on motion to set aside default judgment D. holding that the district court did not have jurisdiction and remanding the matter to state court E. recognizing that a trial court can set aside verdict

assistant: The best answer is A. holding that ajbsent fraud on the court the trial court did not have jurisdiction to set aside the 1982 judgment of paternity more than one year after its rendition
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a duty to exercise reasonable care when the actor’s conduct creates a risk of physical haim”). Although we agree with the court of appeals that Alger owed a duty of reasonable care to Sanders, we decline to adopt that court’s rationale, as we need not here decide whether people generally owe a duty of reasonable care to others. Cf. Gipson, 214 Ariz. at 146 ¶ 24 & n.4, 160 P.3d 228 (noting tension in Court’s statements regarding scope of duty and declining, as unnecessary, to base decision on broad statements of duty generally owed by all persons). ¶ 9 Under Arizona common law, duties of care may arise from, among other things, a direct relationship between the parties. Id. at 144-45 ¶ 18, 150 P.3d 228; see also Stanley v. McCarver, 208 Ariz. 219, 221 ¶ 7, 223 ¶ 13, 92 P.3d 849 (2004) (<HOLDING>); Ontiveros, 136 Ariz. at 508, 667 P.2d 200 Options: A. holding that the physicianpatient relationship terminated when the patient missed a scheduled appointment and did not see the physician again and that the relationship did not continue despite the fact the patient later secured a refill of a prescription that was prescribed during the relationship B. holding that a physicianpatient relationship gives rise to a duty to avoid emotional harm from failure to provide critical information to patient C. holding that the evidence relied on by the insurer need not include the opinion of an examining physician D. recognizing duty by examining physician even absent formal physicianpatient relationship E. recognizing the tort of breach of physicianpatient privilege

assistant: The best answer is D. recognizing duty by examining physician even absent formal physicianpatient relationship
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Confidential Information - information of whatever kind and in whatever form contained (and includes in particular but without prejudice to the generality of the foregoing, documents, drawings, computerized information, films, tapes, specifications, designs, models, equipment or data of any kind) which is clearly identified by the Disclosing Party as confidential by an appropriate legend or if orally disclosed then upon disclosure or within 30 days of such oral disclosure identified in writing by the Disclosing Party as confidential.

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: Seller will promptly, and in any event within ten (10) Business Days after service of process on any of the following, give to Administrative Agent notice of all litigation, actions, suits, arbitrations, investigations (including, without limitation, any of the foregoing which are threatened or pending) or other legal or arbitrable proceedings affecting Seller or any of its Subsidiaries or affecting any of the Property of any of them before any Governmental Authority that (i) questions or challenges the validity or enforceability of any of the Program Agreements or any action to be taken in connection with the transactions contemplated hereby or (ii) which, individually or in the aggregate, is reasonably likely to be adversely determined, and if adversely determined, could be reasonably likely to have a Material Adverse Effect. Seller will promptly provide notice of any judgment, which with the passage of time, could cause an Event of Default hereunder; provided, that, if disclosure of such information is not permitted by any law, rule or regulation, for as long as such disclosure is not permitted, Seller shall (x) disclose to Administrative Agent any portion of such information that is permitted, (y) notify Administrative Agent of any material event in a level of specificity that would not violate such law, rule or regulation and (z) promptly seek permission to disclose the information from the necessary authorities and shall provide Administrative Agent such information upon receipt of such permission.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: rigorous review. Because a statement’s factuality “does not divorce the speech from its moral or ideological implications,” Stuart, 774 F.3d at 246, a person’s rig ave emerged, which in their own way have become as significant for. expressive liberty as the right not to be silenced by a disapproving public entity. One of those adjunct rights is the right to listen. See Rossignol v. Voorhaar, 316 F.3d 516, 522 (4th Cir. 2003) (observing that the-First Amendment “protects both a speaker’s right to communicate information and ideas to a broad audience and the intended recipients’ right to receive that information and those ideas”). Another is the right to express oneself through conduct. See Tinker v. Des Moines Indep. Cmty, Sch. Dist., 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969) (<HOLDING>). Yet another is the right not to utter Options: A. holding that once a state establishes a public school system and require s its children to attend public school officials may not take away a students legitimate entitlement to a public education without adhering to the minimum procedures required under due process B. holding that a public school may not without evidence of substantial disruption punish students for wearing armbands protesting the vietnam war C. holding that a school may not prohibit expressive activity unless there are facts which might reasonably have led school authorities to forecast substantial disruption of or material interference with school activities D. holding that wearing black armband to school to protest vietnam war was expressive conduct E. holding that students action wearing black armbands was expressive conduct entitled to first amendment protection

assistant: The best answer is B. holding that a public school may not without evidence of substantial disruption punish students for wearing armbands protesting the vietnam war
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: attribute, entitles the defendants to immunit U.S. 167, 174-75, 125 S.Ct. 1497, 161 L.Ed.2d 361 (2005) (retaliation for complaints of unlawful discrimination is a form of discrimination). Under these precedents, plaintiffs such as Blasic can challenge as discriminatory actions that were taken against them for reporting unlawful discrimination, even if the plaintiffs were not subject to discrimination based upon their own race, gender, or similar protected status. See Sullivan v. Little Hunting Park, Inc., 396 U.S. 229, 237, 90 S.Ct. 400, 24 L.Ed.2d 386 (1969) (permitting white plaintiff to bring suit under 42 U.S.C. § 1982’s racial discrimination provisions because he suffered retaliation for protesting discrimination against black person); Jackson, 544 U.S. at 171, 125 S.Ct. 1497 (<HOLDING>). In sum, the grant of summary judgment against Options: A. holding eeoc could maintain action alleging discrimination against male employees in the administration of the retirement system although original charge was filed by female alleging discrimination on the basis of her sex B. holding male athletic coach could bring suit under prohibition on sex discrimination in title ix of the education amendments of 1972 because coach alleged that he suffered adverse consequences for protesting discriminatory treatment of female athletes C. holding that a class of all high school female athletes could not be certified even if the alleged conduct of the defendant school system was discriminatory when some female athletes did not share the same goals or interests as the named female plaintiffs because those unnamed female athletes were satisfied with andor benefitted from the alleged discriminatory treatment D. holding that third persons do not have standing to assert title ix claims on behalf of female athletes E. holding that discriminatory employment practices are cognizable under title ix

assistant: The best answer is B. holding male athletic coach could bring suit under prohibition on sex discrimination in title ix of the education amendments of 1972 because coach alleged that he suffered adverse consequences for protesting discriminatory treatment of female athletes
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 Section 5.15 , the Administrative Agent shall have received evidence of insurance coverage in form, scope, and substance reasonably satisfactory to the Administrative Agent and otherwise in compliance with the terms of Section 5.10 hereof and Section 4.11 of the Security Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: establish a claim based on newly discovered evidence Barbour’s Brady claim was procedurally barred.’ “At Madison’s third trial, this Court ordered that his trial counsel ‘have entire open file discovery’ from the State. (R. 11) Madison fails to proffer a single fact in ... his Rule 32 petition, raising the slightest inference his postconviction Brady claim is based on newly discovered evidence. Madison does not mention Rule 32.1(e) in his Rule 32 petition much less acknowledge its requirements. Because Madison proffers no fact in his Rule 32 petition showing the Brady claim ... is based on newly discovered evidence, the Court finds it is procedurally barred from postconviction review. Rules 32.2(a)(3) and (a)(5), Ala.R.Crim.P. See State v. Tarver, 629 So.2d 14, 19 (Ala.Crim.App.1993) (<HOLDING>).” (C.R. 207-09.) The circuit court’s findings Options: A. holding that if a trial court has rejected death as a possible sentence double jeopardy bars the state from seeking the death penalty at resentencing even where rejection of the death sentence was based on a legal error B. holding that absent some showing that prosecutorial discretion was abused in the selection of cases in which the death penalty was sought there is no basis for either a claim under the eighth amendment or a claim under the equal protection clause C. holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty D. holding that the procedural bars of rule 32 apply with equal force to all cases including those in which the death penalty has been imposed E. holding the death penalty disproportionately cruel and unusual when imposed for the crime of rape

assistant: The best answer is D. holding that the procedural bars of rule 32 apply with equal force to all cases including those in which the death penalty has been imposed
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 agrees to pay all losses, costs and expenses, including reasonable attorneys fees, in connection with the enforcement of the Note, the Loan Agreement and any other instruments and documents delivered in connection herewith sustained as a result of the occurrence of an Event of Default by the Borrower.

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 legal provision and list the applicable contract clause categories. Provision: This Plan, and all agreements under the Plan, will be construed in accordance with and governed by the laws of the State of Delaware, without reference to any conflict of law principles. Any legal action or proceeding with respect to the Plan, any Award or any award agreement, or for recognition and enforcement of any judgment in respect of the Plan, any Award or any award agreement, may only be heard in a “bench” trial, and any party to such action or proceeding shall agree to waive its right to a jury trial.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: March 27, 1992. 2 . "... any overt action by a defendant pointing a weapon, drawing a weapon, openly displaying a weapon, brandishing a weapon, holding a weapon, gesturing towards a weapon, or any act other than mere passive possession, would cross that line and present a sufficient potential for physical injury to constitute a crime of violence....” Chappie, 942 F.2d at 442. 3 . According to the affidavit attached to the Complaint and the testimony at the hearing, the weapon was discovered and seized from underneath a seat cushion of a couch in the defendant’s residence while the defendant was absent. 4 . This is also the current text of § 4B 1.2. United States Sentencing Commission, Guidelines Manual, § 4B1.2 (Nov. 1992), 5 . See also United States v. Doe, 960 F.2d 221 (1st Cir.1992) (<HOLDING>). 6 . The Commentary to § 4B1.2 was amended Options: A. holding that 18 usc 1919 did not implicitly repeal 18 usc 1001 B. holding that driving while intoxicated is not a violent felony pursuant to 18 usc 924e2b C. holding the use of a 1951 felony conviction as a predicate for a violation of 18 usc 922g1 did not violate the ex post facto clause because the crime of being a felon in possession of a firearm was not committed until after the effective date of the statute under which he was convicted D. holding for the purposes of 18 usc 924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc 924e2b E. holding that for purposes of 18 usc 924e involuntary manslaughter in ohio is a violent felony the definition of which is identical for all relevant purposes to the definition of crime of violence in 4b12a

assistant: The best answer is D. holding for the purposes of 18 usc 924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc 924e2b