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: might have arisen from his father’s actions in response to the MIP ticket and did not seek to influence the resolution of any public questions arising from any such controversy; the only actions Wade took after the MIP ticket that related in any way to such “controversy” were actions to defend himself in court at the trial on the ticket and to petition for, and receive, an expunction. However, Wade’s use of judicial processes did not “thrust” him to the “forefront” or “inject” him into the “vortex” of “a public controversy” or “public issue” in order to “influence the resolution” of “public questions,” nor did it constitute a “voluntary engagement” in activities that involved the risk of increased exposure and injury to reputation. See Firestone, 424 U.S. at 454-55, 96 S.Ct. 965-66 (<HOLDING>). Appellants invite us to create a new category Options: A. holding that use of judicial process to litigate divorce did not make plaintiff a public figure and noting that such action was no more voluntary than that of defendant called upon to defend his interest in court B. holding that more than notice to a defendant is required C. holding that former state transportation department employee who brought allegations of departmental corruption to public attention was public figure D. recognizing the prejudice of an extension to a defendant who would be required to litigate events that occurred more than eight years earlier E. holding that the petitioner who was denied further appellate review by the supreme judicial court had a full and fair opportunity to litigate his fourth amendment claim in the state trial court and appeals court and thus stone precluded federal habeas relief

assistant: The best answer is A. holding that use of judicial process to litigate divorce did not make plaintiff a public figure and noting that such action was no more voluntary than that of defendant called upon to defend his interest in 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: (%3) Withholding of Taxes; Gross Up . Any and all payments by or on account of any obligation of any Loan Party under any Loan Document shall be made without deduction or withholding for any Taxes, except as required by applicable law. If any applicable law (as determined in the good faith discretion of an applicable withholding agent) requires the deduction or withholding of any Tax from any such payment by a withholding agent, then the applicable withholding agent shall be entitled to make such deduction or withholding and shall timely pay the full amount deducted or withheld to the relevant Governmental Authority in accordance with applicable law and, if such Tax is an Indemnified Tax, then the sum payable by the applicable Loan Party shall be increased as necessary so that after such deduction or withholding has been made (including such deductions and withholdings applicable to additional sums payable under this Section 2.16) the Lender receives an amount equal to the sum it would have received had no such deduction or withholding been made.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The delay or failure by either Party to exercise or enforce any of its rights under this Agreement will not constitute, or be deemed to be, a waiver of those rights, nor will any single or partial exercise of any such rights preclude any other or further exercise thereof or the exercise of any other right. No waiver of any provision of this Agreement will be effective unless it is in writing and signed by the Party against which it is being enforced.

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

user: Employee acknowledges that a Banking Organization is entitled to the full post-termination restrictions on the activities set forth in Sections 5 and 6, as applicable. Except as set forth below, the covenants in Sections 4, 5, 6 and 23 shall survive the termination of Employee’s employment with a Financial Institution regardless of the reason for termination. If the Merger is not consummated and the Merger Agreement is terminated, Sections 4, 5, 6 and 23 shall survive with respect to First Financial and the Bank, but shall not survive with respect to HopFed or Heritage.

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 case excerpt and choose the best holding from the options. Case excerpt: 1447(c). As set forth supra, the Court has federal question jurisdiction over Plaintiffs Title VII claim and supplemental jurisdiction over Plaintiffs state law claims. Accordingly, the Court concludes that subject matter jurisdiction exists over the instant action, and that remand under § 1447(c) is not required. IV. CONCLUSION In conclusion, the Court finds that no ground for remand as set forth in § § 1441(c) and 1447(c) is applicable in the instant action, and holds that Plaintiffs Motion to Remand should be denied. Accordingly, IT IS ORDERED that Plaintiffs Maria Teresa Lozada’s “Motion Re-Urging Motion to Remand” (Docket No. 29) is DENIED. 1 . Plaintiff filed her Original Petition in the 210th Judicial District Court of El Paso County, Texas. Defendants removed (5th Cir. 1989) (<HOLDING>). 3 . Neither party disputes the Court has Options: A. holding that failure to plead affirmative defense to original complaint does not amount to waiver where defense is raised in response to amended complaint B. holding that a party waives remand on the basis of a procedural defect by filing a motion to remand more than thirty days after the case is removed C. holding that amended complaint related back where the facts alleged in the original complaint clearly put defendants on notice as to the conduct at issue in this action D. holding that the plaintiffs waived any right to seek remand by filing a second amended complaint in federal court E. holding that a party waives remand by undertaking affirmative conduct in federal court such as participating in discovery or filing an amended complaint

assistant: The best answer is E. holding that a party waives remand by undertaking affirmative conduct in federal court such as participating in discovery or filing an amended complaint
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 Borrowers shall pay to the Administrative Agent all reasonable costs, out-of-pocket expenses, and fees and charges of every kind in connection with the preparation, negotiation, execution and delivery of this Amendment and any documents and instruments relating hereto (which costs include, without limitation, the reasonable fees and expenses of any attorneys retained by the Administrative Agent or any Lender).

assistant: Fees
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: intended. We are unwilling to give our imprimatur to so large a loophole. We find further support for our initial impression in Casas Office Machines, Inc. v. Mita Copystar America, Inc., 42 F.3d 668 (1st Cir.1994). There, the plaintiff replaced fictitious defendants with named, non-diverse defendants after removal to federal court. Id. at 670. On appeal, we ruled that this substitution defeated diversity jurisdiction. Id. at 675. Of particular pertinence for present purposes, we rejected the plaintiffs absolutist interpretation of Freeport-McMoRan. See id. at 673-74. At least two other courts have taken a similar stance where, as here, a plaintiff has introduced a non-diverse defendant to an action by amending his or her complaint under Rule 15(a). See Alvarez, 213 F.3d at 995-96 (<HOLDING>); Ingram, 146 F.3d at 861-62 (similar); cf. 13B Options: A. holding that there was no federal subject matter jurisdiction under the private cause of action provision of the act B. holding that the information must establish that the court has jurisdiction over both the subject matter and the parties C. holding that a lack of a waiver of sovereign immunity deprives federal courts of subject matter jurisdiction D. holding that because the contract dispute between the parties in this case constitutes a justiciable matter that is cognizable in our trial courts our courts had subject matter jurisdiction E. holding that the introduc tion of new parties destroyed the federal courts subject matter jurisdiction

assistant: The best answer is E. holding that the introduc tion of new parties destroyed the federal courts subject matter jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the use of any `` user interface '' other than the user interface that is included in the world of warcraft software ( `` third party user interface '' ) is not recommended by blizzard entertainment , and you hereby agree to indemnify and hold harmless blizzard entertainment from all claims , damages , and other losses which may arise from your use of a third party user interface .

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: IN ANY ACTION, SUIT OR PROCEEDING IN ANY JURISDICTION BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY, THE PARTIES EACH KNOWINGLY AND INTENTIONALLY, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY ABSOLUTELY, UNCONDITIONALLY, IRREVOCABLY AND EXPRESSLY WAIVES FOREVER TRAIL BY JURY.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: alter or amend a judgment to award costs does not come within Rule 59(e).” Durham v. Kelly, 810 F.2d 1500, 1503 (9th Cir.1987). And even if Schneider’s motion were cognizable under Rule 59, it was too late, as the “District Court lost jurisdiction 10 days after entry of ... judgment to grant relief under Rule 52(b) or 59.” Browder v. Dir., Dep’t of Corr. of Ill., 434 U.S. 257, 263 n. 7, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978). And although Schneider’s ultimate goal was to get attorneys’ fees, his September 27th motion cannot have been premised on Rule 54. A litigant cannot file a motion for attorneys’ fees when such fees have already been denied; rather, one must appeal that denial or file a motion for reconsideration. See Cal. Med. Ass’n v. Shalala, 207 F.3d 575, 576 — 77 (9th Cir.2000) (<HOLDING>). In any event, Rule 54 motions for attorneys’ Options: A. holding that when a litigant does not appeal the fee award it becomes final and can be set aside only through a motion for relief B. recognizing that a trial court can set aside verdict C. recognizing that an attorneys fee award does not become final and ripe for review until the amount is set D. holding that an award of arbitration cannot be set aside for mere errors of judgment either as to the law or the facts if the award is within the scope of the submission and the arbitrators are not guilty of the acts of misconduct set forth in the statute the award operates as a final and conclusive judgment and however disappointing it may be the parties must abide by it E. holding that the trial court was without authority to set aside entry of default on motion to set aside default judgment

assistant: The best answer is A. holding that when a litigant does not appeal the fee award it becomes final and can be set aside only through a motion for relief
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REQUIREMENTS OF LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY SUIT, ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY) DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. EACH PARTY HERETO (a) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HERETO HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (b) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: whenever parties who lost in state court ... seek[ ] review and rejection of that judgment in federal court”) (internal punctuation and citation omitted). The first element of Younger abstention is satisfied. C. Important State Interest Implicated As to the second element, implicated state interests are defined broadly to in-elude “the importance of the generic proceedings to the State.” NOPSI, 491 U.S. at 365, 109 S.Ct. 2506. Federal courts have long recognized the important state interest involved in “maintaining and assuring the professional conduct” of lawyers, doctors, and other professionals through enforcement of proper standards through state licensing schemes. Middlesex County Ethics Committee v. Garden State Bar Ass’n, 457 U.S. 423, 434, 102 S.Ct. 2515, 73 L.Ed.2d 116 (1982) (<HOLDING>); see also Bettencourt, 904 F.2d at 778 Options: A. recognizing states interest in exercising extensive control of licensing of attorneys to ensure professional conduct B. holding that the us attorneys office is the alter ego of the united states exercising its sovereign power of prosecution C. recognizing the delegation of authority to the united states attorneys D. recognizing duty of parent to control conduct of child E. recognizing professional rules are not intended to run to personal benefit of attorneys adversaries

assistant: The best answer is A. recognizing states interest in exercising extensive control of licensing of attorneys to ensure professional conduct
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 Termination of Employment, Executive shall reasonably cooperate with the Company, its officers, employees, agents, affiliates and attorneys in the defense or prosecution of any lawsuit, dispute, investigation or other legal proceedings or any preparation for any such disputes or proceedings that may be anticipated or threatened (“Proceedings”). Executive shall reasonably cooperate with the Company, its officers, employees, agents, affiliates and attorneys on any other matter (“Matters”) related to Company business (specifically to include Teleflex Medical Incorporated and Arrow International, Inc. business) during the period in which Executive is employed by the Company. Executive shall reasonably cooperate with the Company, its officers, employees, agents, affiliates and attorneys in responding to any form of media inquiry or in making any form of public comment related to the Executive’s employment, including, but not limited to, the Executive’s separation from the Company. Such cooperation shall include providing true and accurate information or documents concerning, or affidavits or testimony about, all or any matters at issue in any Proceedings/Matters as shall from time to time be reasonably requested by the Company, and shall be within Executive’s knowledge. Such cooperation shall be provided by Executive without remuneration, but Executive shall be entitled to reimbursement for all reasonable and appropriate expenses Executive incurs in so cooperating, including (by way of example and not by way of limitation) reasonable airplane fares, hotel accommodations, meal charges and other similar expenses to attend Proceedings/Matters outside of the city of Executive’s residence. In the event Executive is made aware of any issue or matter related to the Company, is asked by a third party to provide information regarding the Company, or is called other than by the Company as a witness to testify in any matter related to the Company, Executive will notify the Company immediately in order to give the Company a reasonable opportunity to respond and/or participate in such Proceeding/Matter, unless Executive is requested or required not to do so by law enforcement, or any other governmental agency or authority.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Comply with all laws applicable to the conduct of Borrowers’ business, including ERISA, all environmental laws, FLSA, laws regarding anti-terrorism, and laws regarding collection and payment of taxes, and maintain all governmental approvals necessary to the ownership of its Properties or conduct of its business. If any environmental contamination or pollution occurs at or on any Properties of any Borrower or Subsidiary, it shall act promptly and diligently to investigate and report to Lender and all appropriate governmental authorities the extent of, and to make appropriate remedial action to eliminate, such contamination or pollution, whether or not directed to do so by any governmental authority.

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 case excerpt and choose the best holding from the options. Case excerpt: approved in Derrickson v. State, supra, there is nothing in the decision which indicates the demise of such requirements. Logic would seem to indicate that the five Derrickson foundational requirements of admissibility remain viable after Delaware’s adoption of its Uniform Rules of Evidence. This is so since such evidence can be most prejudicial unless safeguards are maintained. The scholarly opinion by Judge MacKinnon in United States v. Brown, 490 F.2d 758 (D.C.Cir.1973) highlights the need for a showing of substantial relevance before such evidence may be admitted: The threshold requirement of admissibility of such hearsay statements of fear of defendant in homicide cases is some substantial degree of relevance to a material issue in the case. While there are o.2d 811 (1983) (<HOLDING>). A case which, in my view, correctly reflects Options: A. holding inadmissible testimony dealing with the deceased victims fear of defendant where defendant claimed the victim had been accidently shot B. holding admissible testimony from 2 witnesses that within days immediately preceding the victims departure from kansas city with the defendant the victim stated that she feared that the defendant was going to kill her where the defendant claimed accident C. holding that case involving evidence such as eyewitness testimony placing the defendant at the scene acknowledgment by the defendant of a dispute with the victim and theft of the victims purse and dna evidence suggesting that the defendant had engaged in sexual relations with the victim could not be deemed entirely circumstantial D. holding admissible testimony of the victims daughter regarding a telephone call from the defendant to the victim hours before the victims death and the victims emotions following the telephone call where defendant claimed accident E. holding that the erroneous admission of a hearsay statement that identified the defendant as the shooter was harmless where the defendant never contested that he shot the gun but claimed only that he shot in selfdefense

assistant: The best answer is A. holding inadmissible testimony dealing with the deceased victims fear of defendant where defendant claimed the victim had been accidently shot
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 legal relations thus created between the parties hereto shall be governed by, and construed in accordance with, the internal laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the Commonwealth of Pennsylvania. The parties hereto acknowledge and agree that this Agreement was executed and delivered in the Commonwealth of Pennsylvania.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: You agree that the internal law, and not the law of conflicts, of the State of Minnesota, shall govern all questions concerning the validity, construction and effect of this Exhibit A . The exclusive venue for any arbitration or court proceeding relating to this Agreement shall be a state court or arbitration forum, as required above, within the state of Minnesota unless the parties mutually agree to a different venue. You consent to personal jurisdiction in Minnesota.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary in this Agreement, the parties agree that the Employee’s obligations under Section 2.3 of this Agreement shall continue despite the expiration of the term of this Agreement or its termination.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( 4 ) allow players who are playing characters aligned with the `` alliance '' faction to chat or otherwise communicate directly with players who are playing characters aligned with the `` horde '' faction , or vice versa ;

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: a separate opinion dissenting in part. 1 . A phlebotomist is a person trained in phlebotomy, which is defined as follows: "Incision into or needle puncture of a vein for the purpose of drawing blood.” This process is also known as venipuncture: "The puncture of a vein, usually to withdraw blood or inject a solution.” Stedman's Medical Dictionary (27th ed.2000). 2 . "To produce hemolysis or liberation of the hemoglobin from red blood cells.” Hemoly-sis is defined as "[a]lterati pp.3d 69, 256 Ill.Dec. 38, 751 N.E.2d 91, 96 (2001) (noting that it is essential that plaintiff present expert testimony establishing that person conducting the blood draw was negligent and the negligence caused the injury); Arbogast v. Mid-Ohio Valley Med. Corp., 214 W.Va. 356, 589 S.E.2d 498, 502-03 (2003) (<HOLDING>). 8 . Keene, 516 S.W.2d at 855. 9 . Kentucky Options: A. holding that warrantless blood draw did not violate the defendants constitutional rights and citing as only exigency the fact that alcohol in blood is quickly consumed and the evidence would be lost forever B. holding that permitting jury to find malpractice from blood draw without expert testimony by applying the doctrine of res ipsa loquitur instead of eliciting expert testimony as to the standard of care to be reversible error C. holding that sufficiency of the evidence is measured against a hypothetically correct jury charge D. holding expert necessary in case of negligent blood draw causing a hematoma because a jury cannot consider whether defendant acted negligently until standard against which the defendants conduct is to be measured E. holding that the dissipation of alcohol from a persons blood stream constitutes a sufficient exigency to justify a warrantless blood draw

assistant: The best answer is D. holding expert necessary in case of negligent blood draw causing a hematoma because a jury cannot consider whether defendant acted negligently until standard against which the defendants conduct is to be measured
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall withhold any taxes that the Company in its discretion deems necessary to be withheld from any payment to any Participant or Beneficiary hereunder, by reason of any present or future law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court made an error of law ... that fact itself does not render its decision subject to correction by mandamus, for ‘then every interlocutory order which is wrong might be reviewed under the All Writs Act.’ ”) (quoting Bankers Life, 346 U.S. at 383, 74 S.Ct. 145). Mandamus may issue only if we determine that the District Court’s decision was clearly erroneous. Under the present circumstances, we cannot say that the clear error standard is met. First, we note that the question in this case — whether the district court, as opposed to an arbitrator, must determine the applicability of an FAA exemption — is one of first impression in the federal courts of appeal. The absence of controlling precedent weighs strongly against a finding of clear error. See, e.g., In re Morgan, 506 F.3d at 713 (<HOLDING>); Medhekar v. U.S. Dist. Court for N. Dist. of Options: A. holding that district judges failure to recuse was harmless error where the underlying question was patently clear and so there was no need to vacate the district courts decision and to remand to another district court judge to make the same clear determination B. holding that district court error was not clear error because no prior ninth circuit authority prohibited the course taken by the district court C. holding that a trial court does not commit plain error unless the error is clear under current law D. holding that a transfer order issued by a district court in another circuit is reviewable only in the circuit of the transferor district court E. holding that district court error was not clear error in denying petition for mandamus

assistant: The best answer is B. holding that district court error was not clear error because no prior ninth circuit authority prohibited the course taken by 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: This Agreement may be executed simultaneously in two or more counterparts, any one of which need not contain the signatures of more than one party, but all such counterparts taken together will constitute one and the same Agreement. This Agreement, to the extent delivered by means of a facsimile machine or electronic mail (any such delivery, an “ Electronic Delivery ”), shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto, each other party hereto shall re-execute original forms hereof and deliver them in person to all other Parties. No party hereto shall raise the use of Electronic Delivery to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of Electronic Delivery as a defense to the formation of a contract, and each such party forever waives any such defense, except to the extent such defense related to lack of authenticity.

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: the Coral Gables store were Hispanic, and that Hispanic persons made up 70 per cent of management. Although a member of a majority group may be a victim of discrimination, that majority status is a factor the court may consider in determining whether there is discriminatory intimidation. See Harris, 510 U.S. at 22-24, 114 S.Ct. at 371. Assuming that the psychological impact was so severe as to interfere with the plaintiffs ability to perform her duties, the defendant would still be immune from liability. Prado never reported any of these allegedly harassing incidents to anyone at Juria’s prior to her resignation. It was therefore highly improbable that Luria’s knew of a need to take reasonable'steps to rectify any harassment prior to Prado’s resignation. Baskerville, 50 F.3d 428, 432 (<HOLDING>). There is no evidence in the record that Options: A. holding that an employers legal duty is discharged if it takes reasonable steps to discover and rectify acts of harassment B. holding that if a direct supervisor who had the responsibility to stop harassment knew of and failed to act against it the plaintiff has no further obligation to bring it to the employers attention C. holding that when an employer takes steps to accommodate an employees restrictions it is not thereby conceding that the employee is disabled under the ada or that it regards the employee as disabled D. holding that a defendants notice of prior harassment against victims other than the plaintiff can give rise to title ix liability so long as the defendant possessed enough knowledge of the harassment that it could reasonably have responded with remedial measures to address the kind of harassment upon which the plaintiffs legal claim is based E. holding that an employer is not liable where it takes reasonable steps to provide an accommodation and the employee is responsible for a breakdown in the process of identifying a reasonable accommodation

assistant: The best answer is A. holding that an employers legal duty is discharged if it takes reasonable steps to discover and rectify acts of harassment
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 be imposed, shall consider— (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed— (A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (B) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes of the defendant; and (D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; (3) the kinds of sentences available; (4) the kinds of sentence and the sentencing range established for— (A) the applicable category of offense committed by the applicable category of defendant as set f (D.N.D.2005) (<HOLDING>), with United States v. Ranum, 353 F.Supp.2d Options: A. holding a sentence within the advisory guidelines range is presumptively reasonable B. holding sentence within properly calculated advisory guidelines range is presumptively reasonable C. holding that guidelines should be given substantial weight because they provide a presumptively reasonable sentence D. holding that the defendants sentence was within the guidelines range and therefore presumptively reasonable E. holding that a sentence within a properly calculated guidelines range is presumptively reasonable

assistant: The best answer is C. holding that guidelines should be given substantial weight because they provide a presumptively reasonable sentence
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: vehicle. So we deal only with the search of Althaus’ residence and the evidence seized there. [2] The good-faith exception has a fair share of critics in addition to the dissenters in Leon. Appellate courts in a number of states have specifically rejected a comparable exception to the exclusionary rule in construing protections in their respective state constitutions corresponding to tire Fourth Amendment. See, e.g., State v. Cline, 617 N.W.2d 277, 278, 292-93 (Iowa 2000), overruled on other grounds State v. Turner, 630 N.W.2d 601, 606 (Iowa 2001); State v. Novembrino, 105 N.J. 95, 157-58, 519 A.2d 820 (1987); State v. Gutierrez, 116 N.M. 431, 432, 863 P.2d 1052 (1993); State v. Crawley, 61 Wash. App. 29, 35, 808 P.2d 773 (1991). Kansas is not among them. Daniel, 291 Kan. at 498-500 (<HOLDING>). In this case, Althaus neither explicitly Options: A. holding that the fourth amendment proscription against unreasonable searches and seizures was applicable to the states under the fourteenth amendment so that evidence seized in violation of the constitution could no longer be used in state courts B. holding the parolees signature on parole agreement is not to be taken as an unrestricted consent to any and all searches whatsoever or as a blanket waiver of all constitutional rights to be secure from unreasonable searches and seizures C. holding sbm is not a violation of the defendants fourth amendment right to be free from unreasonable searches and seizures D. holding 15 of the kansas constitution bill of rights affords rights identical to the fourth amendment and therefore the leon goodfaith exception should be woven into state constitutional protections against unreasonable searches and seizures E. holding that forfeiture statute is subject to the fourth amendments prohibitions against unreasonable searches and seizures

assistant: The best answer is D. holding 15 of the kansas constitution bill of rights affords rights identical to the fourth amendment and therefore the leon goodfaith exception should be woven into state constitutional protections against unreasonable searches and seizures
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 Effective Date, there are no, and as of the Anadarko Closing (whether in a Separate Closing or as part of a Dual Closing), and if occurring, the KNOC Closing (whether in a Separate Closing or as part of a Dual Closing), there will not be any, legal or governmental proceedings pending to which SN, SN GP Member or Common Unit Purchaser is a party that challenges the validity of any of the Basic Documents or the right of SN, SN GP Member or Common Unit Purchaser to enter into any of the Basic Documents to which it is or will be a party or to consummate the transactions contemplated hereby or thereby and, to the Knowledge of SN, no such proceedings are threatened by any Governmental Authorities or others.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Milliken & Co. v. FTC, 439 U.S. 958, 99 S.Ct. 362, 58 L.Ed.2d 351 (1978); United States v. W.H. Hodges & Co., Inc., 533 F.2d 276 (5th Cir.1976) (per curiam), and submission to investigation preliminary to regulatory action, see Environmental Defense Fund v. Costle, 636 F.2d 1229 (D.C.Cir.1980), each of which has been held not to require notice and comment. Indeed, the impact of the inspection plan before us falls well short of the regulation in Guardian Federal Savings & Loan Association v. Federal Savings & Loan Insurance Corp., 589 F.2d 658 (D.C.Cir.1978), where the court held that agency provisions for selecting, among other things, auditors and auditing criteria did not have substantial impact. Id. at 664—68; see also Associated Dry Goods Corp. v. EEOC, 720 F.2d 804 (4th Cir.1983) (<HOLDING>). East would have the APA’s procedures Options: A. holding act qualifies as exemption statute under exemption 3 B. holding that an agencys informal interpretation of a statute it administers is entitled to deference to the extent it has the power to persuade C. holding that names of private individuals appearing in files within the ambit of exemption 7c are categorically exempt from disclosure unless disclosing such information is necessary in order to confirm or refute compelling evidence that the agency is engaged in illegal activity D. holding that disclosure rule regulating access to agencys investigative files was within procedural rules exemption from informal rulemaking E. holding that names and address of private individuals appearing in files within the ambit of exemption 7c are exempt from disclosure

assistant: The best answer is D. holding that disclosure rule regulating access to agencys investigative files was within procedural rules exemption from informal rulemaking
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties intend and agree that the construction of the Phase II Buildings and of the Tenant Improvements necessary for Tenant's occupancy and use thereof shall be governed by and performed in accordance with the provisions of the Workletter, subject to all of the terms and conditions set forth in this Amendment. Effective upon the Phase II Lease Commencement Date, the Workletter shall be deemed to be, and is hereby, amended to reflect and incorporate all of the terms and conditions set forth in this Amendment. In the event of any inconsistency between provisions of the Workletter and provisions of this Amendment, the provisions of this Amendment shall be controlling with respect to the matters specifically addressed in this Amendment. Without limiting the generality of the foregoing, Schedule C-1 and Schedule C-2 attached hereto shall supersede, with respect to the Phase II Buildings, the comparable schedules attached to the Workletter.

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: or leader. Because Soreide made a timely objection, we review his Booker claim under a harmless error standard. United States v. Shelton, 400 F.3d 1325, 1331 n. 7 (11th Cir.2005); United States v. Paz, 405 F.3d 946, 948-49 (11th Cir.2005). We find any constitutional Booker error committed by the di r, we remand for resentencing. Statutory Booker error arises “when the district court mi g in 1348-49 (11th Cir.2005) (concluding that constitutional error was not harmless because district court did not state that it would have imposed the same or higher sentence if it had the discretion to do so, even though it sentenced defendant to the “high end” the guidelines range and stated that the sentence was “appropriate”); cf. United States v. Gallegos-Aguero, 409 F.3d 1274, 1277 (11th Cir.2005) (<HOLDING>); United States v. Mejia-Giovani, 416 F.3d 1323 Options: A. holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum B. holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant according to the states sentencing guidelines C. holding statutory booker error was not harmless where district court imposed sentence in middle of guidelines range and there were no statements in the record reflecting that the court would have imposed the same or greater sentence under advisory guidelines D. holding statutory error harmless where district court imposed the highest available sentence under guidelines range and considered sentencing to the statutory maximum E. holding apprendi is not implicated by an application of the sentencing guidelines that increases the sentencing range so long as the sentence imposed does not exceed the statutory maximum

assistant: The best answer is D. holding statutory error harmless where district court imposed the highest available sentence under guidelines range and considered sentencing to the statutory maximum
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 Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Guaranteed Obligations made by the Collateral Agent or any other Secured Party may be rescinded by the Collateral Agent or such Secured Party and any of the Guaranteed Obligations may be continued, and the Guaranteed Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Collateral Agent or any Secured Party, and the First Lien Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Collateral Agent (or the relevant Secured Parties, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent or any Secured Party for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Agent nor any Lender nor any Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Guaranteed Obligations or for the guarantee contained in this Section 2 or any property subject thereto.

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: 227 U.S. 59, 66, 33 S.Ct. 192, 57 L.Ed. 417 (1913) (“By this act Congress has undertaken to cover the subject of the liability of railroad companies to their employees injured while engaged in interstate commerce. This exertion of [the commerce] power which is granted in express terms must supersede all legislation over the same subject by the states.”); see also Winfield, 244 U.S. at 151, 37 S.Ct. 546 (“That [FELA] is comprehensive and also exclusive is distinctly recognized in repeated decisions of this court.”). However, because state courts have concurrent jurisdiction over FELA claims, FELA preempts state substantive law — but not state procedural law — in state court FELA actions. See Mondou v. N.Y., New Haven & Hartford R.R., 223 U.S. 1, 56-57, 32 S.Ct. 169, 56 L.Ed. 327 (1912) (<HOLDING>); see also Brown v. W. Ry. of Ala., 338 U.S. Options: A. holding that where state rules of civil procedure apply to courts of the state they do not apply to adjudicatory proceedings before state agencies B. holding that state courts in construing and interpreting state law are not bound by the decisions of federal courts C. holding that litigants may enforce fela in state courts as a matter of right but also observing that state courts are free to apply their own modes of procedure to fela cases D. holding that federal courts must apply state substantive law in diversity cases E. holding that state courts must apply the federal pleading standard in fela cases

assistant: The best answer is C. holding that litigants may enforce fela in state courts as a matter of right but also observing that state courts are free to apply their own modes of procedure to fela cases