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: at trial with respect to its counterclaim, McLaughlin could then, on appeal, press her interesting argument that there can be no counterclaim by an employer against an employee under the Jones Act. Had the District Court denied PMD the right to file the counterclaim or had it granted summary judgment to McLaughlin on PMD’s counterclaim, the rights and liabilities of the parties may well have been conclusively determined, in which case the District Court’s decision would have been appealable. See Nautilus Motor, 85 F.3d at 109-10 & n. 3 (finding appellate jurisdiction pursuant to § 1292(a)(3) to consider a decision holding plaintiff liable on defendant’s counterclaim that alleged plaintiff was solely responsible for the grounding of its tanker, but le (8th Cir.1964) (per curiam) (<HOLDING>). III. CONCLUSION Because the District Court Options: A. holding that partial summary judgment is not a final appealable judgment when it did not settle completely any of the matters in controversy or adjudicate completely the rights and liabilities of the parties B. holding that denial of motion for summary judgment is interlocutory even though trial judge had stated that there was no just reason for delay because denial of motion for summary judgment was not a final determination of defendants rights and the appeal did not affect defendants substantial rights C. holding that the courts denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and is not reviewable D. holding an order denying a motion for summary judgment is interlocutory and not appealable E. holding that denial of motion for summary judgment not appealable because did not determine any rights and liabilities

assistant: The best answer is E. holding that denial of motion for summary judgment not appealable because did not determine any rights and liabilities
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 transfer of shares of Stock or other property to the Participant or the Participant’s legal representative, heir, legatee or distributee, in accordance with this Agreement shall be in full satisfaction of all claims of such person hereunder. As a condition precedent to such transfer, the Company may require the Participant or the Participant’s legal representative, heir, legatee or distributee to execute (and not revoke within any time provided to do so) a release and receipt therefor in such form as it shall determine appropriate.

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 to have that determination declared presumptive evidence of disability and inability to work, subject only to rebuttal by the defense. We begin our analysis with the Rules of Evidence and the principle that “hearsay statements that do not conform to the exceptions specifically enumerated in the Rules of Evidence are not admissible.” State v. Rose, 206 N.J. 141, 175, 19 A.3d 985 (2011). It is clear that the SSA determination is hearsay and was proffered explicitly for the truth of the finding therein. “ ‘Hearsay’ is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” N.J.R.E. 801(c). See Muench v. Twp. of Haddon, 255 N.J.Super. 288, 305-06, 605 A.2d 242 (App.Div.1992) (<HOLDING>); Phillips v. Erie Lackawanna R.R. Co., 107 Options: A. holding that a report of findings by the new jersey division of civil rights did not qualify for any hearsay exception in a discrimination case brought under the lad B. holding that a determination of a new jersey spill compensation fund arbitrator is reviewable by the appellate division C. recognizing that pennsylvania had no interest in denying its residents the greater damages available under new jersey consumer fraud statutes for claims against a new jersey seller D. recognizing israel had no interest in denying its citizens the substantive advantages of new jersey defamation law in new jersey residents claims for defamation published in new jersey E. holding that claims based on asserted violations of the lad and 1983 are not subject to the new jersey tort claims act

assistant: The best answer is A. holding that a report of findings by the new jersey division of civil rights did not qualify for any hearsay exception in a discrimination case brought under the lad
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: some ambiguity in the cases discussed above concerning exactly what müst be “dealt with” by a Chaptér 11 plan under section 1141(c). The Penrod court suggests that the hen that is to be voided must be dealt with. It states: “[U]nless the plan of reorganization, or the order confirming the plan, says that a hen is preserved, it is extinguished by the confirmation. This is provided, we emphasize, that the holder of the hen participated in the reorganization. If he did not, his lien, would not be ‘property dealt with by the plan,’ and so the section would not apply.” Penrod, 50 F.3d at 463 (emphasis added). Penrod has been interpreted to require that the lien itself be dealt with in the plan. See 260 Gregory LLC v. Black Hawk/Central City Sanitation Dist., 77 P.3d 841, 845 (Colo.App.2003) (<HOLDING>); Coffin v. Malvern Fed. Savings Bank, 189 B.R. Options: A. holding that a plan provision stating that the summary plan description and summaries of material modifications are hereby incorporated by reference and constitute a part of the plan acted to incorporate into the plan a limitations provision found only in the summary plan description B. holding that because the spd at issue stated that it is made part of the group policy its terms were sufficient to find that the plan conferred discretion on the plan administrator C. holding that the lien at issue was not extinguished by silence in the plan as to its survival unless it is dealt with by the plan by a provision for the payment of or securing of the claim D. holding that professionals who advised the plan were not fiduciaries because they had no decision making authority over the plan or plan assets also noting that the power to act for the plan is essential to status as a fiduciary E. holding that a payment is under the plan when the debt is provided for in the plan

assistant: The best answer is C. holding that the lien at issue was not extinguished by silence in the plan as to its survival unless it is dealt with by the plan by a provision for the payment of or securing of the claim
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 remuneration shall be paid to any Administration Committee Member as such. However, the reasonable expenses of a Member incurred in the performance of an Administration Committee function shall be reimbursed by the Employers in such proportions as the Company decides.

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 case excerpt and choose the best holding from the options. Case excerpt: 549 n. 3 (5th Cir. Unit B 1982)). A person commits the felony of filing a false tax return in violation of 26 U.S.C. § 7206(1) when he “willfully makes and subscribes any return, statement, or other document, which contains or is verified by a written declaration that it is made under the penalties of perjury, and which he does not believe to be true and correct as to every material matter.” § 7206(1). Clayton’s initial arguments, which essentially contend that the Form 1040X cannot give rise to legal liability for filing a false tax return, have no merit. We have rejected similar arguments brought under Levy that certain schedules appended to tax returns could not give rise to legal liability for filing a false tax return. United States v. Damon, 676 F.2d 1060, 1063-64 (5th Cir.1982) (<HOLDING>); United States v. Taylor, 574 F.2d 232, 237 Options: A. holding that filing of improper form is not enough to establish false statement for 72061 purposes B. holding that information furnished to preparer of tax return is not privileged C. holding defendant liable for intended loss created by filing false tax return for someone else even though intended victim demonstrated to irs that tax return was bogus D. holding that a false schedule c is an integral part of a tax return and is incorporated therein by reference thus giving rise to liability under 72061 E. holding that operates as a charge of debtors in personam tax liability not debtors in rem tax liability

assistant: The best answer is D. holding that a false schedule c is an integral part of a tax return and is incorporated therein by reference thus giving rise to liability under 72061
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 out-of-state parent corporation; and (4) all cash receipts of the restaurant were deposited at a bank and then immediately transferred to other out-of-state accounts controlled by the Kentucky corporate parent for purchasing supplies from out-of-state vendors. These facts demonstrate that the robbery of KFC’s cash receipts that Tate attempted to deposit interfered with the movement of restaurant funds in the stream of interstate commerce and affected the restaurant’s financial ability to make purchases from out-of-state suppliers. Thus, the Court concludes that there was a sufficient interstate nexus to create federal jurisdiction over the offense. See United States v. Nguyen, 155 F.3d 1219, 1224-25 (10th Cir.1998), cert. denied, 525 U.S. 1167, 119 S.Ct. 1086, 148 L.Ed.2d 87 (1999) (<HOLDING>); United States v. Miles, 122 F.3d 235, 236-37, Options: A. holding that because the victims which were robbed of money by the defendant did substantial business in beer wine and tobacco products virtually none of which originated in the state where the victims did business the government had demonstrated a de minimis effect on interstate commerce B. holding that restaurant that bought and sold products produced outside of state satisfied interstate commerce requirement for federal arson statute C. recognizing products liability and products actions based on negligence as part of the general maritime law D. holding that fire insurance written by two outofstate companies fuel obtained from outofstate and a restaurants use of food brought in from outof state have a substantial effect upon commerce E. holding that the requisite effect on interstate commerce for a 18 usc 1951 conviction is demonstrated by inter alia evidence that restaurant robbed by defendant had often purchased food products from outofstate vendors and that the money taken by defendant would have been used to buy more food products

assistant: The best answer is E. holding that the requisite effect on interstate commerce for a 18 usc 1951 conviction is demonstrated by inter alia evidence that restaurant robbed by defendant had often purchased food products from outofstate vendors and that the money taken by defendant would have been used to buy more food products
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: Upon the occurrence of any Termination Event, the Administrative Agent may (unless otherwise instructed by all the Investors), or at the direction of any Investor shall, by notice to the SPV and the Master Servicer, declare the Termination Date to have occurred; provided , however , that in the case of any event described in Section 8.1(d) or 8.1(e) , the Termination Date shall be deemed to have occurred automatically upon the occurrence of such event. Upon any such declaration or automatic occurrence, the Administrative Agent shall have, in addition to all other rights and remedies under this Agreement or otherwise, all other rights and remedies provided under the UCC of the applicable jurisdiction and other applicable laws, all of which rights shall be cumulative.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Loan Party and each Subsidiary thereof is in compliance with the requirements of all Laws and all orders, writs, injunctions and decrees applicable to it or to its properties, except in such instances in which the failure to comply therewith, either individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither this Agreement nor any provision contained in this Agreement will be interpreted in favor of or against any party hereto because such party or its legal counsel drafted this Agreement or such provision. Whenever the plural form of a word is used in this Agreement, that word will include the singular form of that word. Whenever the singular form of a word is used in this Agreement, that word will include the plural form of that word. The term “and” shall also mean “or” and “or” shall also mean “and” as the context permits or requires to provide the broadest meaning or inclusion of the subject. The term “include” or any derivative of such term does not mean that the items following such term are the only types of such items.

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 case excerpt and choose the best holding from the options. Case excerpt: 40 L.Ed.2d 15 (1974) (quoting Colten v. Kentucky, 407 U.S. 104, 110, 92 S.Ct. 1953, 32 L.Ed.2d 584 (1972)). Furthermore, the Supreme Court has expressed “greater tolerance of enactments with civil rather than criminal penalties because the consequences of imprecision are qualitatively less severe.” Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 498-99, 102 S.Ct. 1186, 71 L.Ed.2d 362 (1982). The evaluation of whether section 4022.13 is vague as applied to Perez must be made with respect to Perez’s actual conduct “and not with respect to hypothetical situations at the periphery of the [regulation’s] scope or with respect to the conduct of other parties who might not be forewarned by the broad language.” diLeo v. Greenfield, 541 F.2d 949, 953 (2d Cir.1976) (<HOLDING>); see also United States v. Rybicki, 354 F.3d Options: A. holding appellant waived his challenge to statute as vague as applied because he did not specifically object at trial B. holding that statute that permitted termination of teachers for due and sufficient cause was not vague as applied C. holding that attorney disciplinary rule was unconstitutionally vague as applied D. holding statute unconstitutionally vague as applied to mere possession of money on jail premises E. holding that although a reason was provided in the termination letter the without cause termination provision was applicable

assistant: The best answer is B. holding that statute that permitted termination of teachers for due and sufficient cause was not vague as applied
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: detail why he or she believes the subpoena is improper, unreasonable, or overly broad. Next, a judicial officer reviews those claims, determines whether the citizen’s constitutional rights are, in fact, implicated by the subpoena and, if so, balances those rights against the grand jury’s need for the requested information. As a starting point in its inquiry, however, the reviewing court must be mindful that a “presumption of regularity attaches to grand jury proceedings and hence to a grand jury subpoena.” In re Lopreato, 511 F.2d 1150, 1152 (1st Cir.1975). Accordingly, “[tjhose challenging such a subpoena have the burden of showing that irregularity exists.” Id. (citation omitted). See also United States v. R. Enterprises, Inc., 498 U.S. 292, 301, 111 S.Ct. 722, 112 L.Ed.2d 795 (1991) (<HOLDING>). With those principles in mind, then, this Options: A. holding that taxpayer who is the target but not the recipient of an administrative subpoena pursuant to 26 usc 7602 may challenge the subpoena B. holding that the burden of showing unreasonableness must be on the recipient who seeks to avoid compliance C. recognizing that the burden of persuasion for a showing of prejudice was on the defendant D. holding that a grand jury subpoena seeking a voice exemplar did not implicate fourth amendment rights but suggesting that even if it had at most the government would have been required to demonstrate that the grand jury subpoena was reasonable E. holding that because a grand jury subpoena issued through normal channels is presumed to be reasonable the burden of showing unreasonableness must be on the subpoena recipient who seeks to avoid compliance but recognizing that a court may be justified under some circumstances in requiring the government to reveal the general subject of the grand jurys investigation before requiring the challenging party to carry its burden of persuasion

assistant: The best answer is E. holding that because a grand jury subpoena issued through normal channels is presumed to be reasonable the burden of showing unreasonableness must be on the subpoena recipient who seeks to avoid compliance but recognizing that a court may be justified under some circumstances in requiring the government to reveal the general subject of the grand jurys investigation before requiring the challenging party to carry its burden of persuasion
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 clause or provision of this Agreement is or should ever be held to be illegal, invalid or unenforceable under any present or future law applicable to the terms hereof, then and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and that in lieu of each such clause or provision of this Agreement that is illegal, invalid or unenforceable, such clause or provision shall be judicially construed and interpreted to be as similar in substance and content to such illegal, invalid or unenforceable clause or provision, as the context thereof would reasonably suggest, so as to thereafter 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 case excerpt and choose the best holding from the options. Case excerpt: desire to be competent caregivers and providers for their children and that children achieve their greatest potential when families are able to support and nurture the growth and development of their children”); (b) with the mandate from the overwhelming majority of Florida voters who approved the 2004 amendment to the Florida Constitution, thereby expressing their desire to have a role in protecting and guiding the healthcare choices of their minor children when faced with the difficult challenges surrounding abortion issues; and (c) with both the United States Supreme Court’s and the Florida Supreme Court’s express recognition of the State’s interest in promoting meaningful family relationships. See, e.g., Troxel v. Granville, 530 U.S. 57, 66, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000) (<HOLDING>); Santosky v. Kramer, 455 U.S. 745, 753, 102 Options: A. recognizing parents fundamental liberty interest in the care custody and management of their children B. recognizing fundamental right of parents to care for their children C. holding that although parents have a fundamental right to the care and custody of their children they have no fundamental right to allocate support to their children as they see fit D. holding care custody and control of children is a fundamental right E. recognizing that the due process clause of the fourteenth amendment protects the fundamental right of parents to make decisions concerning the care custody and control of their children

assistant: The best answer is E. recognizing that the due process clause of the fourteenth amendment protects the fundamental right of parents to make decisions concerning the care custody and control of their children
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 claimants continue to dispute the benefit denial based upon completed performance of this Plan and the Joinder Agreement or the meaning and effect of the terms and conditions thereof , then claimants may submit the dispute to mediation, administered by the American Arbitration Association (“AAA”) (or a mediator selected by the parties) in accordance with the AAA’s Commercial Mediation Rules. If mediation is not successful in resolving the dispute, it shall be settled by arbitration administered by th e AAA under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

assistant: Arbitration
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: 1998 as marital property. No evidence was presented to the commissioner establishing the amount or percentage of the contribution that could be attributable to the post-separation period of the parties. Therefore, his recommendation in this regard was not plainly wrong. Next, we find no error in the commissioner’s determination that a portion of the bonus received by Joynes in 1998 was marital property. As the commissioner noted, although Joynes was required to be employed by his employer at the end of 1998, one month after the parties’ separation, in order to receive the bonus, the bonus represented compensation for Joynes’ labor during the entire year of 1998, and, thus, was property acquired prior to the separation. See Luczkovich v. Luczkovich, 26 Va.App. 702, 496 S.E.2d 157 (1998) (<HOLDING>). We also find no error in the commissioner’s Options: A. holding that it was not an abuse of discretion to award a spouse all of the divisible property attributable to his postseparation payments which reduced marital debt B. holding that severance pay policy was part of employment contract C. holding that severance pay received postseparation was not marital property as the condition to receive the pay was related to the sale of the corporation not to husbands work during his marriage D. holding that a plan providing severance pay for reduction in work force simply did not contemplate the effect of a sale of a business on the availability of severance pay E. holding that money invested in voluntary investment plan during marriage was marital property because it was property acquired during marriage

assistant: The best answer is C. holding that severance pay received postseparation was not marital property as the condition to receive the pay was related to the sale of the corporation not to husbands work during his marriage
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 party seeking supplementation must “put forth concrete evidence that the documents it seeks to ‘add’ to the record were actually before the decision-makers.” Marcum, 751 F.Supp.2d at 78. Conclusory statements will not suffice; rather, the plaintiff “must identify reasonable, non-speculative grounds for its belief that the documents were considered by the agency and not included in the record.” Id. (quoting Pac. Shores Subdivision Cal. Water Dist. v. U.S. Army Corps of Eng’rs, 448 F.Supp.2d 1, 6 (D.D.C.2006)) (internal quotation marks and emphasis omitted). “If an agency did not include materials that were part of its record, whether by design or accident, then supplementation is appropriate.” Id.) see also Natural Res. Def. Council, Inc. v. Train, 519 F.2d 287, 291 (D.C.Cir.1975) (<HOLDING>). A separate standard governs extra-record Options: A. holding that because here the statutes in issue provide for judicial review via citizen suit provisions yet do not set forth a standard for that review judicial review is limited to apa review on the administrative record B. holding that judicial review of decisions of military correction boards is review of the administrative record conducted under the administrative procedure act C. holding that error in taking judicial notice of a prior ease was harmless where the entire record of the prior case although not introduced into evidence was made part of the record on appeal and no prejudice was shown D. holding that in its review of the irs exercise of discretion the court is limited to a review of the administrative record E. holding that review of a partial and truncated record by the district court was error and case remanded for review on the entire administrative record

assistant: The best answer is E. holding that review of a partial and truncated record by the district court was error and case remanded for review on the entire administrative record
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 5.1 Save as otherwise permitted herein, a Receiving Party shall not, and shall procure that its Personnel do not, at any time without the Disclosing Party’s prior written consent: (b) disclose to any person: - (i) the fact that discussions or negotiations are taking place between the Parties;

assistant: Yes
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 consolidated financial statements of Borrower, dated as of December 31, 2015, and furnished to Lender, were prepared in accordance with regulatory accounting principles or GAAP, as indicated upon such statements, and such statements fairly present, as appropriate, the consolidated financial conditions and the results of operations of Borrower as of, and for the portion of the fiscal year ending on, the date or dates thereof. There were no material adverse events or liabilities, direct or indirect, fixed or contingent, of Borrower as of the date or dates of such financial statements and known to Borrower, which are not reflected therein or in the Note thereto. Except for transactions directly related to, or specifically contemplated by, the Loan Documents and transactions heretofore disclosed in writing to Lender, there have been no material adverse changes in the respective financial conditions of Borrower and/or its Subsidiaries from those shown in such financial statements between such date or dates and the date hereof.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: this means that in the event you dispose of any device on which you have installed any app , such as by sale or gift , you are responsible for deleting any such app ( s ) from your mobile device prior to such disposition .

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: During the Employment Period, the Employee shall be entitled to receive reimbursement for all reasonable and documented expenses incurred by the Employee in connection with the performance of his duties hereunder, in accordance with the policies, practices and procedures of the Company as in effect from time to time.

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: The Compensation and Human Resources Committee of the Board of Directors (the “Committee”) granted to Employee on March 8, 2016 (“ Effective Date ”), as a matter of separate inducement and not in lieu of any salary or other compensation for Employee’s services, the right and option to purchase (the “ Option ”), in accordance with the terms and conditions set forth in the Plan and in this Agreement, an aggregate number of shares (the “ Shares ”) of common stock of Dynegy, $0.01 par value per share (the “Common Stock”), at a price of [PRICE] per share (the “ Exercise Price ”). Employee acknowledges receipt of a copy of the Plan, and agrees that the Option shall be subject to all of the terms and provisions of the Plan, including future amendments thereto, if any, pursuant to the terms thereof, and to all of the terms and conditions of this Agreement. The Option shall not be treated as an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “ Code ”). The Exercise Price is, in the judgment of the Committee, not less than one hundred percent (100%) of the Fair Market Value of a share of the Common Stock on the Effective Date.

assistant: Effective Dates
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: JJ., who dissent. 1 . The Trust had entered into a management agreement with Wolford under which Wol-ford was responsible for the contract, including its recording. LARSON, Justice (dissenting). I dissent because section 558.46 does not clearly provide for criminal, as opposed to civil, punishment. In such a case, doubts must be resolved in favor of the defendant. See Rewis v. United States, 401 U.S. 808, 812, 91 S.Ct. 1056, 1059, 28 L.Ed.2d 493, 497 (1971) (“[Ajmbiguity concerning the ambit of criminal statutes should be resolved in favor of lenity.”). The majority holds that section 558.46(2) i whether a statute imposes civil or criminal sanctions, “we must seek out and give effect to the intention of the legislature.... ” Lenertz v. Mun. Ct., 219 N.W.2d 513, 515-16 (Iowa 1974) (<HOLDING>); see 36A C.J.S. Fines § 2, at 206 (“The true Options: A. holding that we may consult legislative history as an aid to the interpretation of ambiguous text B. holding that even where there are contrary indications in the statutes legislative history we do not resort to legislative history to cloud a statutory text that is clear C. holding that the court does not examine legislative history when the statutes text and context are not subject to more than one plausible reading D. holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category E. holdingafter considering the statutes whole text legislative history and purpose that a consumer fraud provision did not impose criminal sanctions

assistant: The best answer is E. holdingafter considering the statutes whole text legislative history and purpose that a consumer fraud provision did not impose criminal sanctions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Plan set forth the sole entire agreement and understanding between the parties as to the subject matter hereof, and merge with and supersede all prior and contemporaneous discussions, agreements and understandings of every kind and any nature between them with respect to the subject matter hereof. Except to the extent provided in Section 3 or 15 hereof, and except to the extent that provisions hereof are by their terms subject to any subsequent amendment of the Plan, this Agreement may not be changed or modified, except by agreement in writing, signed by the Company and the Employee. In the event of any conflict or inconsistency between this Agreement and the Plan as written on the Date of Grant, the Plan shall govern.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: aggravated circumstances] determination and to require [the Department] to both put in place a treatment plan and [to] offer the parent assistance in working that plan.” In Mother’s view, delaying an aggravated circumstances finding during the pendency of an appeal from the ear ed to use drugs throughout the pendency of this case, and she remained unemployed and without a home. Additionally, the district court may not terminate parental rights to a child absent a finding “that the conditions and causes ofthe neglect and abuse are unlikely to change in the foreseeable future}.]” Section 32A-4-28(B)(2). This finding is required regardless of aggravated circumstances. Amy B., 2003-NMCA-017, ¶ 18. And it must be supported by clear and convincing evidence. See Mafin M., 2003-NMSC-015, ¶ 25 (<HOLDING>). Thus, the risk of an erroneous deprivation Options: A. recognizing that the department is required to present clear and convincing evidence to support termination of a parents parental rights B. holding that foster parents have standing to intervene to seek termination of parental rights C. holding that due process allows parental rights to be terminated only upon clear and convincing evidence of unfitness D. holding that the clear and convincing standard provides appropriate due process in cases involving parental rights E. holding that a trial courts determination that clear and convincing evidence supports the termination of parental rights will not be overturned unless found to be clearly erroneous or lacking in evidentiary support

assistant: The best answer is A. recognizing that the department is required to present clear and convincing evidence to support termination of a parents parental rights
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to Wesley was legally impeded, under state law, their relationship became, at best, meretricious. See Lazzarevich, 200 P.2d at 55. We also conclude that Vergie’s argument that her marriage to Wesley should be considered presumptively valid to be without merit. It is an undisputed rule in California that: When a person has entered into two successive marriages, a presumption arises in favor of the validity of the second marriage, and the burden is upon the party attacking the validity of the second marriage to prove that the first marriage had not been dissolved by the death of a spouse or by divorce or had not been annulled at the time of the second marriage. Vargas v. Superior Court, 9 Cal.App.3d 470, 473, 88 Cal.Rptr. 281 (1970) (citation omitted); but see Tatum, 241 F.2d at 407 (<HOLDING>). Here, Vergie argues that the presumptive Options: A. holding that the burden rests upon the party seeking benefits to prove the injury sustained was the result of an accident arising out of and in the course of employment and the rule of liberal construction is not a substitute for the claimants burden of establishing his claim by a preponderance of the evidence B. holding that burden of demonstrating coverage rests with the insured C. holding that a defendant may challenge the validity of prior convictions during a sentencing hearing and that the burden to establish invalidity is on the challenging party D. holding that with two presumptively valid marriages in existence the ultimate burden rests on the party who advocates the second to prove the invalidity of the first E. holding that in a situation where the police have probable cause to arrest one party and reasonably mistake a second party for that first party the arrest of the second party is still a valid arrest

assistant: The best answer is D. holding that with two presumptively valid marriages in existence the ultimate burden rests on the party who advocates the second to prove the invalidity of the first
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: Normandy Apts., Ltd. v. U.S. Dept. of Housing and Urban Dev., 554 F.3d 1290, 1295 (10th Cir.2009) (“The defense of sovereign immunity is jurisdictional in nature, depriving courts of subject-matter jurisdiction where applicable.”); Neiberger v. Hawkins, 150 F.Supp.2d 1118, 1120 (D.Colo.2001) (“A motion to dismiss based on sovereign immunity is treated as a motion to dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1).”). 2 . Plaintiff in part seeks relief pursuant to 42 U.S.C. § 1983. Although not mentioned by any party, there is a question as to whether Plaintiff has standing to pursue a claim under this statute. See Inyo County, Cal. v. Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony, 538 U.S. 701, 123 S.Ct. 1887, 155 L.Ed.2d 933 (2003) (<HOLDING>); Skokomish Indian Tribe v. United States, 410 Options: A. holding that state could not assert sovereign immunity defense where the state had waived immunity in state court and agreed to remove suit to federal court B. holding that tribe may not assert its treatybased fishing rights under section 1983 C. holding that state did not have jurisdiction over tribe where tribe paid into workers compensation program but had not waived sovereign immunity D. holding that plaintiffs may bring a section 1983 claim for damages to vindicate their rights under idea E. holding that the plaintiff tribe was not a person who could sue under section 1983 to vindicate sovereign rights namely a claimed immunity from the state court process

assistant: The best answer is E. holding that the plaintiff tribe was not a person who could sue under section 1983 to vindicate sovereign rights namely a claimed immunity from the state court process
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: use the service in connection with material which promotes illegal activities , or the violation of any local , state , national , or international law or regulation , including , without limitation , laws governing intellectual property and other proprietary rights ( including , but not limited to , patents , trademarks , trade secrets , copyrights , or any confidential , proprietary or trade secret information of any third party ) , information protection and privacy , including , but not limited to , content which disseminates another person 's personal information without his or her permission .

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: that Althen could be bypassed in this case, the Court of Federal Claims correctly determined the error was harmless. See Trial Court Decision, 100 Fed.Cl. at 451. The special master’s finding that Petitioner had multiple sclerosis before receiving the vaccine means that Petitioner did not establish a “logical sequence of cause and effect showing that the vaccination was the reason for [his] injury” as required by prong two of Althen. 418 F.3d at 1278. If a petitioner has a disorder before being vaccinated, the vaccine logically cannot have caused the disorder. Additionally, prong three of Althen requires a “medically-aceeptable temporal relationship” between vaccination and onset of symptoms. Id. at 1281; de Bazan v. Sec’y of Health & Human Servs., 539 F.3d 1347, 1353 (Fed.Cir.2008) (<HOLDING>). In this case, Petitioner’s first episode of Options: A. holding that it was an abuse of discretion for the bia to fail to consider the merits of a petitioners claim B. holding a petitioners causation claim may fail because disease onset occurs too early to be attributable to the vaccine C. holding that the petitioners offer of proof was too tenuous to justify the desired inquiry D. holding that five alleged incidents in four years were too few too separate in time and too mild to create an abusive working environment E. holding that attorneys admission to an element of the offense in the petitioners presence at a deportation hearing was binding on the petitioners

assistant: The best answer is B. holding a petitioners causation claim may fail because disease onset occurs too early to be attributable to the vaccine
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: its decision to withhold the video from defendants pending the outcome of its declaratory judgment action. There is no indication the district court misapplied this standard. Riverdale contends its reliance on advice of counsel establishes its defense of “good-faith, reasonable delay” as a matter of law. We disagree. Under Iowa law, advice of counsel does not automatically establish good faith, but it is a factor to consider in determining whether a party acted in good or bad faith. See, e.g., Ferris v. Emp’rs Mut. Cas. Co., 255 Iowa 511, 518, 122 N.W.2d 263, 267 (1963) (reversing bad-faith judgment against insurer that relied on attorney who was “able and long experienced in the handling of this class of cases”); Schnathorst v. Williams, 240 Iowa 561, 579, 36 N.W.2d 739, 749 (1949) (<HOLDING>); Ahrens v. Ahrens, 386 N.W.2d 536, 538 (Iowa Options: A. holding advice of counsel does not per se immunize a person from a malicious prosecution suit B. holding that section 1983 claims alleging due process violations stemming from malicious prosecution are unavailable when a state malicious prosecution action exists C. holding that violation of city ordinance does not constitute negligence per se D. holding that malicious prosecution claim accrues when underlying prosecution is terminated E. holding the same for malicious prosecution

assistant: The best answer is A. holding advice of counsel does not per se immunize a person from a malicious prosecution suit
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 held to be illegal, invalid or unenforceable, then such illegality, invalidity or unenforceability shall attach only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if any such illegal, invalid or unenforceable provision were not contained herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was paid less than one of her male coworkers, Mr. Maniscalco, even though they perform exactly the same work. She was denied the same cash award that two of her male coworkers received for performance because of her gender. Finally, she was excluded from a Voice of America detail because of her gender, although she was qualified for participation. Plaintiff requests relief in the form of: (1) full back pay and equal pay; (2) promotion to the position to which she is entitled; (8) a ban on retaliatory conduct; (4) an award of atto ed in the complaint are disputed, “the ... court may consider relevant evidence in order to resolve the factual dispute.” Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 747 (Fed.Cir.1988); Moyer v. United States, 190 F.3d 1314, 1318 (Fed.Cir.1999) (<HOLDING>). Once the court’s subject matter jurisdiction Options: A. holding that fjactfmding is proper when considering a motion to dismiss where the jurisdictional facts in the complaint are challenged B. holding that the court can look beyond the face of the pleadings in order to find predicate jurisdictional facts when deciding a motion to dismiss for lack of subject matter jurisdiction C. holding that documents integral to the complaint are properly considered on a motion to dismiss D. holding that the trial court did not violate due process in considering the defendants motion to dismiss because the defendant had corrected its error in not serving its motion to dismiss on the plaintiff and because the plaintiff had received adequate time to consider and respond to the arguments made in the motion E. holding that by considering matters outside of the pleadings the trial court converted a rule 12b6 motion to dismiss into a summary judgment motion

assistant: The best answer is A. holding that fjactfmding is proper when considering a motion to dismiss where the jurisdictional facts in the complaint are challenged