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: entitled to a judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (2009). The standard of review of an order granting or denying a motion for summary judgment is de novo. Craig v. New Hanover Cty. Bd. of Educ., 363 N.C. 334, 337, 678 S.E.2d 351, 354 (2009). I. Defendant City first contends it is entitled to summary judgment because the alleged negligent acts relied upon by plaintiff in her claim against it involved defendant City’s failure “to protect [Joshua] from the wrongful, criminal acts of others” and such claims are barred by the public duty doctrine. The North Carolina Supreme Court first adopted the public duty doctrine in North Carolina in Braswell v. Braswell, 330 N.C. 363, 37 508 (1995); Prevette v. Forsyth Cty., 110 N.C. App. 754, 757-58, 431 S.E.2d 216, 218 (<HOLDING>) disc. review denied, 334 N.C. 622, 435 S.E.2d Options: A. holding that the public duty doctrine applied to bar claim against city for negligence in housing inspections B. holding that the public duty doctrine applied to claims against the town and fire chief for negligence in responding to a fire call although plaintiff presented sufficient evidence to show the special duty exception applied C. holding that the public duty doctrine applied to the countys animal control departments D. holding the doctrine applied in a case of mistake E. holding authority to control limits duty to control

assistant: The best answer is C. holding that the public duty doctrine applied to the countys animal control departments
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 further acknowledge and agree that content contained in advertisements or information presented to you through the yahoo services or by advertisers is protected by copyrights , trademarks , service marks , patents or other proprietary rights and laws .

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: Schedule 7.15 sets forth the name of, and the ownership interest of the Borrower in, each Subsidiary of the Borrower and identifies each Subsidiary that is a Guarantor, in each case as of the Closing Date.

assistant: Subsidiaries
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: (a) In consideration of the obligations contained in the letter dated December , 2015 to which this Release is attached (the “ December 2015 Letter ”) and for other valuable consideration, Richard Markee (“ you ”), for yourself, your heirs, dependents, legal representatives, executors, administrators and assigns), hereby release and forever discharge Vitamin Shoppe Industries Inc. (the “ Company ”) and Vitamin Shoppe, Inc. (the “Parent”) and their respective subsidiaries, affiliates and divisions, and each of their respective directors, officers, employees, shareholders, agents, administrators, trustees, employee benefit plans and assigns (in their official and individual capacities) (collectively, the “ Released Parties ”) from any and all claims, liabilities, causes of action, demands or rights of any kind (including without limitation for general, special or punitive damages, attorneys’ fees and expenses, and other compensation and/or equitable remedy), known or unknown, fixed or contingent, which have arisen at any time up to and including the date of execution of this Release arising during or in any manner out of your employment and the termination of your employment with the Company or your service as a Director of the Company and Parent (the “ Claims ”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and necessary attorney fees incurred with respect to the challenged cause of action in the trial court. Tex.R. Civ. P. 91a.7. As noted above, Valentina’s petition seeks to enjoin the. sale of the Cabo Blanco residence, which she claims as her homestead. A surviving spouse retains the right to use and occupy the homestead so long as he or she elects to do so. Tex. Const, art. XVI, § 52; Tex. Estates Code Ann. § 102.003 (West 2014). This right continues as long as the surviving spouse uses or occupies the property, or until he or. she abandons that right. Moore v. Moore, 89 Tex. 29, 33 S.W. 217, 218 (1895); Copeland v. Tarrant Appraisal Dist., 906 S.W.2d 148, 151 (Tex.App.-Fort Worth 1995, writ denied). Homestead rights can be waived. See F pp.-Houston [1st Dist.] 2014, no pet.) (<HOLDING>). We hold the probate court properly dismissed Options: A. holding that district court did not err in summarily granting defendants motion for summary judgment pursuant to local rule where pro se plaintiff failed to respond to motion after district court had warned plaintiff that it would deem his failure to respond a consent to granting of motion B. holding trial court did not err in granting rule 91a motion where documents attached to petition disproved factual basis of cause of action C. holding that trial court did not err D. holding that the trial court did not err by granting defendants motion for summary judgment E. holding trial court did not err by failing to consider amended petition filed after hearing without leave of court

assistant: The best answer is B. holding trial court did not err in granting rule 91a motion where documents attached to petition disproved factual basis of cause 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: None of the reports, financial statements, certificates or other written information furnished by or on behalf of any Loan Party to the Administrative Agent or any Lender in connection with the negotiation of any Loan Document or delivered thereunder (as modified or supplemented by other information so furnished) when taken as a whole contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not materially misleading; provided that, with respect to projected financial information, the Borrower represents only that such information was prepared in good faith based upon assumptions believed by the Borrower to be reasonable at the time delivered and, if such projected financial information was delivered prior to the Closing Date, as of the Closing Date, it being understood that any such projected financial information may vary from actual results and such variations could be material.

assistant: Disclosures
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 may also deactivate , terminate or suspend your account at any time : ( 1 ) if we , in our sole discretion , determine that you are or have been in violation of these terms or the spirit thereof ( as highlighted in our community guidelines ) , ( 2 ) if we , in our sole discretion , determine that you have created risk or possible legal exposure for under armour or any other athlete , ( 3 ) in response to requests by law enforcement or other government agencies , ( 4 ) upon discontinuance or material modification of any services , or ( 5 ) due to unexpected technical issues or problems .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 622 So.2d 1014 (Fla. 4th DCA 1993) (<HOLDING>). Appellees’ motions for attorney’s fees are Options: A. holding that awarded fees were reasonable and that proof that attorneys fees are necessary apart from testimony as to the reasonableness of the fee is not required B. holding that section 721312 florida statutes provides for an award of appellate attorneys fees where the issue was the reasonableness of the fee awarded by the trial court C. holding that where a state statute provides for the award of attorneys fees those fees can be considered as part of the amount in controversy for the purpose of determining federal diversity jurisdiction D. holding award of attorneys fees to party prevailing on contract claim is mandatory under section 38001 if there is proof of the reasonableness of the fees E. holding that in determining the reasonableness of attorneys fees under federal fee shifting statutes courts may not enhance the fee award above the lodestar amount to compensate attorneys for assuming the risk of receiving no payment for their services if the lawsuit failed

assistant: The best answer is B. holding that section 721312 florida statutes provides for an award of appellate attorneys fees where the issue was the reasonableness of the fee awarded by the trial court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All action on the part of Releasor, necessary for the authorization, execution and delivery of this Agreement, the performance of all obligations of the Releasor hereunder has been taken. This Agreement, when executed and delivered by Releasor, will constitute a valid and legally binding obligation of Releasor, enforceable against Releasor in accordance with its terms.

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 legal provision and list the applicable contract clause categories. Provision: The Company or any Affiliate shall have the authority and the right to deduct or withhold, or require a Holder to remit to the Company, an amount sufficient to satisfy federal, state, local and foreign taxes (including the Holder’s FICA or employment tax obligation) required by law to be withheld with respect to any taxable event concerning a Holder arising as a result of the Plan. The Administrator may in its sole discretion and in satisfaction of the foregoing requirement allow a Holder to elect to have the Company withhold Shares otherwise issuable under an Award (or allow the surrender of Shares). The number of Shares which may be so withheld or surrendered shall be limited to the number of shares which have a fair market value on the date of withholding or repurchase equal to the aggregate amount of such liabilities based on the minimum statutory withholding rates for federal, state, local and foreign income tax and payroll tax purposes that are applicable to such supplemental taxable income. The Administrator shall determine the fair market value of the Shares, consistent with applicable provisions of the Code, for tax withholding obligations due in connection with a broker-assisted cashless Option or Stock Appreciation Right exercise involving the sale of shares to pay the Option or Stock Appreciation Right exercise price or any tax withholding obligation.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may not incorporate any portion of the amazon software into other programs or compile any portion of it in combination with other programs , or otherwise copy ( except to exercise rights granted in this section ) , modify , create derivative works of , distribute , assign any rights to , or license the amazon software in whole or in part .

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: to mean power devices that have control circuits. In addition to unrefuted admissions by professionals in the semiconductor industry that “smart power” is generic, ST also prepared a 150-page chronology from 1982 through the present that digested the pervasive uses of “smart power” to identify devices that utilize a certain type of technology, particularly integrated circuits that combine both power and logic. This chro nology provided evidence from a variety of sources including trade journals, newspapers and other publications, and advertisements. In addition, the chronology also set forth evidence from patent, trademark and copyright registrations indicating that ding that “software news” probably generic); Miller Brewing Co. v. G. Heileman Brewing Co., 561 F.2d 75 (7th Cir.1977) (<HOLDING>), cert. denied, 434 U.S. 1025, 98 S.Ct. 751, 54 Options: A. holding that liquid controls is generic B. holding that light beer is generic C. holding that a database is a generic computer element D. holding that crab house is a generic term referring to a class of restaurants that serve crabs E. recognizing how generic and lightly invoked is the need for uniformity

assistant: The best answer is B. holding that light beer is generic
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: Section 4.19 of the Company Disclosure Schedule sets forth, as of the Execution Date, a true and complete list of all current policies or binders of fire, liability, product liability, umbrella liability, real and personal property, workers’ compensation, vehicular, directors’ and officers’ liability, fiduciary liability and other casualty and property insurance maintained by the Company or its Subsidiaries and relating to the assets, business, operations, employees, officers and directors of the Company and its Subsidiaries (collectively, the “ Insurance Policies ”) and the Company has made available to Purchaser true and complete copies of such Insurance Policies. Except as set forth on Section 4.19 of the Company Disclosure Schedule, such Insurance Policies are in full force and effect and shall remain in full force and effect following the consummation of the Transaction. Neither the Company nor any of its Subsidiaries has received any written notice of cancellation of, premium increase with respect to, or alteration of coverage under, any of such Insurance Policies. All premiums due on such Insurance Policies have either been paid or, if due and payable prior to Closing, will be paid prior to Closing in accordance with the payment terms of each Insurance Policy. The Insurance Policies do not provide for any retrospective premium adjustment or other experience-based liability on the part of the Company or its Subsidiaries. All such Insurance Policies (a) are valid and binding in accordance with their terms, (b) are provided by carriers who are financially solvent, and (c) have not been subject to any lapse in coverage. There are no material claims related to the business of the Company and its Subsidiaries pending under any such Insurance Policies as to which coverage has been questioned, denied or disputed or in respect of which there is an outstanding reservation of rights. Neither the Company nor any of its Subsidiaries is in material default under, and has not otherwise failed to comply with, in any material respect, any provision contained in any 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 case excerpt and choose the best holding from the options. Case excerpt: he offered no competent summary judgment evidence to support that he was either “replaced” within the meaning of the TCHRA or that his replacement was “significantly younger” than he. We disagree. A terminated employee is replaced when the terminated employee’s position is filled by another person and that person is assigned the terminated employ ee’s former job duties. Russo v. Smith Int’l, Inc., 93 S.W.3d 428, 435-36 (Tex. App. — Houston [14th Dist.] 2002, pet. denied). For an inference of age discrimination to be drawn, the replacement cannot be “insignificantly younger” than the plaintiff. O’Connor v. Consol. Coin Caterers Corp., 517 U.S. 308, 313, 116 S.Ct. 1307, 134 L.Ed.2d 433 (1996); see Hartis v. Mason & Hanger Corp., 7 S.W.3d 700, 705 (Tex. App. — Amarillo 1999, no pet.) (<HOLDING>); see also Grosjean v. First Energy Corp., 349 Options: A. holding that threeyear difference from 49 to 46 years old was insufficient to establish fourth requirement of prima facie case B. holding that close temporal proximity is sufficient to establish a prima facie case of retaliation C. holding that a prima facie case is subject to independent review D. holding that in a reduction in force suit age differences of eight and 16 years are sufficient to satisfy the fourth element of a prima facie case E. holding to establish a prima facie case of racial discrimination a plaintiff must show he 1

assistant: The best answer is A. holding that threeyear difference from 49 to 46 years old was insufficient to establish fourth requirement of prima facie case
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 shall be found by a court of competent jurisdiction to be void, invalid or unenforceable, the provision shall be considered severed from this Agreement and shall not affect the validity or enforceability of the remainder of this Agreement. The parties shall make a good faith effort to replace any invalid or unenforceable provision with a valid and enforceable one such that the objectives contemplated by the parties when entering this Agreement may be realized.

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: Notwithstanding any provision of the Plan or an Award to the contrary, if any one or more of the provisions (or any part thereof) of this Plan or the Awards shall be held invalid, illegal, or unenforceable in any respect, such provision shall be modified so as to make it valid, legal, and enforceable, and the validity, legality, and enforceability of the remaining provisions (or any part thereof) of the Plan or Award, as applicable, shall not in any way be affected or impaired thereby.

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 consent, approval, order or authorization of, notice to, or registration, declaration or filing with, any Governmental Authority is required in connection with the execution and delivery by any Q C Party of this Agreement or the Ancillary Agreements or the consummation of the transactions contemplated hereby or thereby.

assistant: Consents
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 of an error , we reserve the right to correct such error and revise your order accordingly ( which includes charging the correct price ) or to cancel the order and refund any amount charged .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will not, and will not permit any of its Subsidiaries to, sell, lease or otherwise transfer any property or assets to, or purchase, lease or otherwise acquire any property or assets from, or otherwise engage in any other transactions with, any of its Affiliates, except (a) in the ordinary course of business at prices and on terms and conditions not less favorable to the Company or such Subsidiary than could be obtained on an arm’s-length basis from unrelated third parties, (b) transactions between or among the Company and its wholly owned Subsidiaries not involving any other Affiliate, (c) any Restricted Payment permitted by Section 6.08, (d) transactions between or among the Company or any Subsidiary on the one hand and any Subsidiary or other special purpose entity created to engage solely in a Qualified Receivables Transaction, (e) any other transaction between the Company and any Subsidiary or between a Subsidiary and another Subsidiary and permitted by Sections 6.01, 6.02, 6.03, 6.04, 6.05, 6.08 and 6.09, (f) payments by the Company and its Subsidiaries pursuant to tax sharing agreements among the Company and its Subsidiaries on customary terms that require each party to make payments when such taxes are due or refunds received of amounts equal to the income tax liabilities and refunds generated by each such party calculated on a separate return basis and payments to the party generating tax benefits and credits of amounts equal to the value of such tax benefits and credits made available to the group by such party, (g) employment, indemnification, benefits and compensation arrangements (including arrangements made with respect to bonuses and equity-based awards) entered into in the ordinary course of business with members of the board of directors or management committee, officers and employees of the Company or a Subsidiary, (h) any subscription agreement or similar agreement pertaining to the repurchase of Equity Interests pursuant to put/call rights or similar rights with employees, officers or directors, and (i) transactions between the Company or any Subsidiary and any Person, a member of the governing board of which is also a member of the governing board of the Company or a Subsidiary which are expressly approved by the governing board of the Company or such Subsidiary, provided , however , that (x) such member abstains from voting as a member of the governing board of the Company or such Subsidiary on any matter involving such other Person and (y) such transaction is otherwise permitted by this Agreement.

assistant: Transactions With Affiliates
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: Set forth on Schedule 5.14 is a description of all policies of insurance for the Relevant Parties, including those policies of the Sponsor for the benefit of the Relevant Parties which are required to be maintained pursuant to a Transaction Document, that are in effect as of the Closing Date. Such Insurance Policies conform to the requirements of Section 6.13 and have been paid in full or are not in arrears. No notice of cancellation has been received with respect to such policies and the Relevant Parties and the Sponsor are in compliance in all material respects with all conditions contained in such policies.

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: Seller shall not materially amend, modify or waive any Purchased Asset Documents without the prior written consent of Administrative Agent. Without limiting the foregoing, Seller shall provide prompt written notice to Administrative Agent of any amendments, modifications or waivers relating to the Mortgage Loan, together with a copy thereof. For the avoidance of doubt and without limiting the generality of Section 6 hereof or the definitions of “Market Value” or “Asset Value” hereof, Administrative Agent’s approval of any amendment, modification or waiver shall not preclude Administrative Agent’s ability to re-determine Market Value of any Purchased Asset as a result of such amendment, modification or waiver; provided that any such approval and re-determination of Market Value shall in no way limit Administrative Agent’s right to determine Market Value in the manner and at the times otherwise permitted under the Program Agreements.

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 case excerpt and choose the best holding from the options. Case excerpt: properly bring a disciplinary action against a prisoner for filing a grievance that is determined by those officials to be without merit anymore than they can properly bring a disciplinary action against a prisoner for filing a lawsuit that is judicially determined to be without merit. That the Constitution does not obligate the state to establish a grievance 'procedure is, we believe, of no consequence here.... Sprouse v. Babcock, 870 F.2d 450, 452 (8th Cir. 1989) (emphasis added). Indeed, the Eighth Circuit recognizes that (1) an inmate possesses a First Amendment right to be free from retaliation for filing a grievance, id., while simultaneously recognizing that (2) an inmate does not have a due process “liberty interest in access to [a grievance] procedure,” Flick, 9 th Cir. 2006) (<HOLDING>). Like our sister circuits, we see no Options: A. recognizing retaliation involving promotion as adverse employment actions under the first amendment B. recognizing that first amendment provides qualified right of access to judicial documents C. recognizing first amendment petition right where inmate alleged retaliation for filing grievances D. recognizing first amendment retaliation claim where official filed a disciplinary report following an inmates filing of a grievance E. recognizing first amendment retaliation right

assistant: The best answer is E. recognizing first amendment retaliation right
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 and his or its counsel have reviewed this Agreement and have been provided the opportunity to revise this Agreement and accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. Instead, the language of all parts of this Agreement shall be construed as a whole, and according to its fair meaning, and not strictly for or against either party.

assistant: Construction
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: evernote may act to temporarily limit your use of the service , suspend access to your account , or close your account , with or without notice according to these terms .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for summary judgment de novo. Amro v. Boeing Co., 232 F.3d 790, 796 (10th Cir.2000). We review motions to reopen a case for abuse of • discretion. Servants of Paraclete v. Does, 204 F.3d 1005, 1009 (10th Cir.2000). Here, we hold that the district court, acted properly in dismissing all of Washington’s motions. First, the district court properly denied summary judgment because it had already dismissed the case without preju dice months earlier. Second, the district court was correct to deny the motion to reopen the case because Washington never had provided any evidence showing he did not receive the show cause order warning him that his case would be dismissed. He merely provided conclusory statements that he never received it. Cf. Gurung v. Ashcroft, 371 F.3d 718, 722 (10th Cir.2004) (<HOLDING>). He also never offered an explanation for Options: A. holding that the defendant did not require advance notice where he could not show how he was prejudiced by late notice or how he could have been helped by additional notice B. holding that defendant received requisite notice under rule 11 where inter alia he acknowledged at plea hearing that he had read the information understood it and discussed it with his attorney C. recognizing that the applicant received notice from the plea form even though such notice was not required D. holding that pro se asylum applicant failed to show he never received notice of hearing when he only provided conclusory statement and did not put it in proper affidavit form E. holding that the juvenile received inadequate notice of a hearing modifying his probation because he received no notice of the hearing or the reasons for it

assistant: The best answer is D. holding that pro se asylum applicant failed to show he never received notice of hearing when he only provided conclusory statement and did not put it in proper affidavit form
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was safe to operate, afforded discretion to the FAA to “make its own findings” whether the submitted documentation satisfied that requirement. Id. Likewise, as the district court noted, 49 C.F.R. § 385.17(f) is not a “check list.” J.A. at 105. It leaves it to the FMCSA to determine whether a carrier’s submission provides evidence that corrective action has been taken, and whether the agency has the resources to reach a final decision within 45 days. Such decisions, which relate to a regulatory agency’s “implementation of a mechanism for compliance review” and necessarily require “balancing the objectives sought to be obtained against such practical considerations as staffing and funding,” constitute discretionary functions themselves. Varig Airlines, 467 U.S. at 819-20, 104 S.Ct. 2755 (<HOLDING>). Discretion thus suffuses 49 C.F.R. § Options: A. recognizing a discretionary function exception to that waiver B. holding that the faas alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spotcheck program involved calculated risks but fell squarely within the discretionary function exception C. holding that actions against the faa for its alleged negligence in certificating aircraft for use in commercial aviation are barred by the discretionary function exception of the federal tort claims act id at 821 104 sct 2755 because the faas decisions as to the manner of enforcing regulations is plainly a discretionary activity id at 819 21 104 sct 2755 D. holding that the faas application of a spotcheck system to a particular aircraft was a discretionary function E. holding that the discretionary function exception may apply in the absence of a conscious decision

assistant: The best answer is D. holding that the faas application of a spotcheck system to a particular aircraft was a discretionary function
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: sentence and renders it superfluous. While it is indisputable that the relationship between the two sentences is awkward, reading the last sentence broadly does not necessarily render the first sentence null. Considered in light of § 9613(f)(l)’s purpose, which was to codify (and hence supplant) the federal common law contribution suit implied from § 9607(a), see supra, the last sentence can logically be understood as a clarification of how the new statutory contribution suits fit into the court-interpreted CERCLA scheme. See Aviall, 312 F.3d at 685, 687 (noting that the final sentence was necessary “to eliminate the uncertainty in case law prior to [§ 9613(f)(l)’s] enactment as to whether contribution was available under CERCLA at all”); see also Pneumo Abex Corp., 142 F.3d at 776 (<HOLDING>). Finally, Nick’s argues that the term Options: A. holding that the government was not responsible for delay from withdrawal of guilty plea B. holding that when a plaintiff files suit alleging that multiple tortfeasors are responsible for the plaintiffs injury any settlements are to be credited against the amount for which the liable parties as a whole are found responsible but for which only the nonsettling defendant remains in court C. holding that 9613f1 is the exclusive vehicle for responsible parties to obtain contribution from other responsible parties D. holding that defendant was responsible for the delay from the withdrawal of his guilty plea E. holding plaintiff responsible for attorney error

assistant: The best answer is C. holding that 9613f1 is the exclusive vehicle for responsible parties to obtain contribution from other responsible parties
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the collateral caused by market forces. Second, Onua argues that various mortgage payments made by him to the banks in furtherance of the scheme, as well as certain other “credits and offsets,” were not properly deducted from the overall amount of restitution. We hold that Onua forfeited this argument, by failing to object to either the District Court’s calculation of restitution at sentencing or to the Government’s proposed Final Order of Restitution, which adopted the District Court’s calculation. Because the District Court’s calculation of restitution did not constitute plain error, see United States v. Miller, 263 F.3d 1, 4 (2d Cir.2001), we affirm the District Court’s judgment as to the amount of restitution. See also United States v. Coriaty, 300 F.3d 244, 252 (2d Cir.2002) (<HOLDING>). Accordingly, we hold that Onua’s objections Options: A. holding that where defendant objected in the district court only to the loss calculation and not specifically to the calculation of restitution the issue of restitution was not properly presented to the district court B. holding that the district court properly considered the moisture content in the calculation of the weight of the marijuana for sentencing purposes C. holding that where the government has not presented evidence at the hearing concerning the appropriate amount of restitution the imposition of the restitution order constitutes plain error D. holding that a calculation of the amount of loss is a factual finding E. holding that equitable restitution is available but that legal restitution is not

assistant: The best answer is A. holding that where defendant objected in the district court only to the loss calculation and not specifically to the calculation of restitution the issue of restitution was not properly presented to the district court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications provided for hereunder shall, unless otherwise stated herein, be in writing (including by facsimile transmission) and shall be mailed, sent, or delivered in accordance with the notice provisions contained in the Loan Agreement, and each Subordinated Party hereby agrees that its address for any notices hereunder shall be the address of the Borrower for notices under the Loan 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: In the event any term of this Agreement is unenforceable, then such unenforceable term, if possible, will be altered so as to be enforceable. Or, if that is not possible, then it will be deleted from this Agreement and the remaining part of the Agreement will remain in effect.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 456 U.S. 604 102 S.Ct. 2226 72 L.Ed.2d 366 Morgan M. FINLEY, Clerk of the Circuit Court of Cook County, Illinois, petitioner,v.Toni MURRAY No. 80-2205 Supreme Court of the United States May 17, 1982 On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. May 17, 1982. PER CURIAM. 1 The writ of certiorari is dismissed as improvidently granted.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A manual signature on this Agreement, an image of which shall have been transmitted electronically, shall constitute an original signature for all purposes. The delivery of copies of this Agreement, including executed signature pages where required, by electronic transmission will constitute effective delivery of this Agreement for all purposes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: have reasonable latitude to fashion closing arguments.” United States v. Molina, 934 F.2d 1440, 1445 (9th Cir.1991). As a result, it is “neither unusual nor improper for a prosecutor to voice doubt about the veracity of a defendant who has taken the stand.” United States v. Birges, 723 F.2d 666, 672 (9th Cir.1984). Indeed, we have found that, in “instances of flatly contradictory testimony on important issues ... it [is] proper for the government to argue that the jury ought not to believe the [defendant’s] version.” Molina, 934 F.2d at 1445. Thus, the prosecution may refer to a defendant as a liar if it is “commenting on the evidence and asking the jury to draw reasonable inferences.” Garcia-Guizar, 160 F.3d at 520; see also United States v. Rude, 88 F.3d 1538, 1548 (9th Cir.1996) (<HOLDING>). In this case, the prosecutor referred to Options: A. holding that the defendants objection was untimely when he waited until the end of the prosecutors closing argument to raise it B. holding that prosecutors use of the words lie lies or lied more than ninety times was not improper when viewed in the context of the monthlong trial C. holding that the trial court did not abuse its discretion by failing to intervene ex mero motu to prevent closing argument by the prosecutor that the defendant lied during his testimony D. holding that solicitors statement during closing that defense witnesses have lied was merely a question which was submitted to the jury for its determination when it made its findings and returned its verdict E. holding that a prosecutors use of the words lie lies or lied over 90 times when referring to the defendants in its closing argument was within the boundaries of proper summations

assistant: The best answer is E. holding that a prosecutors use of the words lie lies or lied over 90 times when referring to the defendants in its closing argument was within the boundaries of proper summations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Restatement Date, each Borrower maintains its principal place of business and the office where it keeps its books and records with respect to Receivables at the locations listed on Schedule 2 attached hereto. Schedule 5.11 attached hereto sets forth all primary business locations of the Borrowers situated within the United States as of the Restatement Date and where Borrower assets valued, individually or in the aggregate, in excess of One Million and No/100 Dollars ($1,000,000.00) are located as of the Restatement Date.

assistant: Records
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 broker, finder, financial advisor or investment banker, other than Lazard Middle Market LLC (whose fees shall be included in Seller Expenses), is entitled to any broker’s, finder’s, financial advisor’s, investment banker’s fee or commission or similar payment in connection with the Transactions based upon arrangements made by or on behalf of Sellers.

assistant: Brokers
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: term. was required. Judge Card imposed the composite 9 year term to serve. Harmon, a second felony offender, sexually assaulted C.W., his sister. C.W. received multiple injuries during the assault and Harmon choked her into unconsciousness. Harmon had a prior felony conviction for another offense and failed at sex offender treatment after his previous sex offense. From our review of the record, we are not able to say that Harmon's composite 9 year term to serve is clearly mistaken. Conclusion The judgment of the superior court is AFFIRMED. 1 . AS 11.41.420(a)(3)(B) (sexual penetration with a person the offender knows is incapacitated), a class B felony. 2 . AS 11.41.450(a)(2), a class C felony. 3 . See State v. Glass, 583 P.2d 872 (Alaska 1978), on reh'g, 596 P.2d 10 (Alaska 1979) (<HOLDING>). 4 . AS 11.41.410(a)(1). 5 . 479 P.2d 302 Options: A. holding that under the alaska constitution the police must obtain a warrant before electronically monitoring or recording a private conversation even when one or more participants to the conversation consent to the police surveillance B. holding outside context of recording of a minor childs phone conversations that a telephone extension used without authorization or consent to surreptitiously record a private telephone conversation is not used in the ordinary course of business C. holding that the alaska constitution requires police to obtain judicial authorization before secretly recording a persons private conversations2 722 p2d 943 alaska 19863 862 p2d 181 alaska app199344 lewis 862 p2d at 186 quoting malkin 722 p2d at 946 n 6 D. holding that the due process clause of the alaska constitution guarantees the right to effective counsel in proceedings for the termination of parental rights E. holding that the alaska constitution requires police to obtain judicial authorization before electronically monitoring or recording a persons private conversations

assistant: The best answer is E. holding that the alaska constitution requires police to obtain judicial authorization before electronically monitoring or recording a persons private conversations
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 any contrary provision of the Grant Notice or this Agreement to the contrary, if any one or more of the provisions (or any part thereof) of the Grant Notice or this Agreement is held to be invalid, illegal, or unenforceable in any respect, such provision will be modified so as to make it valid, legal, and enforceable, and the validity, legality, and enforceability of the remaining provisions (or any part thereof) of the Grant Notice or this Agreement, as applicable, will not in any way be affected or impaired thereby.

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: The Employer expressly waives and releases any and all claims against the Employee that may be waived and released by law with the exception of claims arising out of or attributable to (a) events, acts or omissions taking place after the Parties’ execution of the Agreement and (b) the Employee’s breach of any terms and conditions of the Agreement. In exchange for the Employer’s waiver and release and the consideration described in Section 3, which the Employee acknowledges to be good and valuable consideration for his obligations hereunder, the Employee hereby represents that he intends to irrevocably and unconditionally fully and forever release and discharge any and all claims he may have, have ever had or may in the future have against the Employer that may lawfully be waived and released arising out of or in any way related to his hire, benefits, employment or separation from employment with the Employer. The Employee specifically represents, warrants and confirms that: (a) he has no claims, complaints or actions of any kind filed against the Employer with any court of law, or local, state or federal government or agency; and (b) he has been properly paid his salary for period worked for the Employer, and that all commissions, bonuses and other compensation due to him has been paid, including his final payroll check for his salary and any accrued but unused vacation/paid time off through and including the Separation Date above. The Employee specifically represents, warrants and confirms that he has not engaged in, and is not aware of, any unlawful conduct in relation to the business of the Employer. If any of these statements are not true, the Employee cannot sign this Agreement and must notify the Employer immediately, in writing, of the statements that are not true. Such notice will not automatically disqualify the Employee from receiving these benefits, but will require the Employer’s review and consideration.

assistant: Releases