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: jury’s allocation of fault to TEP because the Webers failed to obtain TEP’s consent to the settlement. In rejecting this argument, the trial court noted that § 23-1023(0 provides that a carrier must approve any compromise of a claim for an amount “less than the compensation and medical, surgical and hospital benefits provided”; that the Webers had settled with Pingree for $950,000; and that TEP’s lien and future credit totaled $496,000, an amount “significantly less” than the settlement. Because it is undisputed that TEP paid William approximately $65,000 in benefits and because TEP did not produce any evidence or argue that its future credit might exceed $496,000, we find no error in the trial court’s ruling. Cf. Stout v. State Compensation Fund, 202 Ariz. 300, 44 P.3d 178 (App.2002) (<HOLDING>). ¶ 13 Accordingly, we affirm the trial court’s Options: A. holding that a city could not use past conduct to enjoin future protected speech B. holding that employers insurer who provided workers compensation benefits to employee but did not consent to employees settlement with thirdparty tortfeasor may maintain an action for payments that become payable in the future C. holding that debtor was liable to the commonwealth for past and future cleanup costs D. holding that prejudgment interest may properly be added to damage awards for past lost wages medical expenses that have been incurred and past pain and suffering but not future loss of earnings future medical expenses andor future pain and suffering E. holding that carriers consent required if past and future benefits might exceed settlement

assistant: The best answer is E. holding that carriers consent required if past and future benefits might exceed settlement
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, the Note, the Securities Account Control Agreement and the other Loan Documents represent the final agreement among the parties with respect to the subject matter hereof and thereof, supersede any and all prior agreements and understandings, oral or written, relating to the subject matter hereof and thereof, and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements among the parties. There are no unwritten oral agreements among the parties.

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 legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement by the Company and the consummation by the Company of the transactions contemplated hereby do not and will not constitute a default under any of the terms, conditions or provisions of the Certificate of Incorporation or Bylaws of the Company, or any material contract, agreement or arrangement to which the Company is a party or by which it is bound.

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

user: 3. All right title and interest in and to the Confidential Information shall remain with Disclosing Party or its licensors. Nothing in this Agreement is intended to grant any rights to Recipient under any patents, copyrights, trademarks, or trade secrets of Disclosing Party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the subject: Plaintiff included a copy of the 2001 EEOC Complaint with his application on June 30, 2005 — twelve days before Plaintiffs interview with Schlem-mer. {See Michael Henshaw Decl. ¶ 4, June 19, 2007) Plaintiff had earlier stated at oral argument that it was Schlemmer who first brought up the 2001 EEOC Complaint. (Mem.Op.4, Apr. 4, 2007) The only genuine issue is which party first broached the subject. For purposes of Plaintiffs prima facie case, it is sufficient that Defendant was aware of the protected activity, regardless of which party first brought up the issue. Defendant argues, however, that in Title VII retaliation cases, “generally the passage of time ... tends to negate the infer- enee of discrimination.” Price, 380 F.3d at 213; see also Dowe, 145 F.3d at 657 (<HOLDING>). Although Defendant’s argument is true, Options: A. holding that although evidence that the alleged adverse action occurred shortly after the employer became aware of the protected activity is sufficient to make a prima facie causation case the opposite is equally true a lengthy time lapse between the employer becoming aware of the protected activity and the alleged adverse employment action negates any inference that a causal connection exists between the two B. holding that a threeyear gap between the protected activity and the adverse employment action was insufficient to support an inference of causation C. holding that five weeks between protected activity and adverse employment action insufficient to establish a causal connection D. holding that sufficient evidence of causation existed where adverse employment action occurred less than two months after protected activity E. holding that a prima facie case of retaliation requires a causal link between the employees protected activity and the employers adverse employment action

assistant: The best answer is A. holding that although evidence that the alleged adverse action occurred shortly after the employer became aware of the protected activity is sufficient to make a prima facie causation case the opposite is equally true a lengthy time lapse between the employer becoming aware of the protected activity and the alleged adverse employment action negates any inference that a causal connection exists between the two
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 notice required by the terms of this Agreement shall be given in writing and shall be deemed effective upon personal delivery or upon deposit with the United States Postal Service, by registered or certified mail with postage and fees prepaid and addressed to the party entitled to such notice at the address shown below such party's signature on this Agreement, or at such other address as such party may designate by 10 days' advance written notice to the other party to this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Addendum, and any rights and obligations hereunder, may not be assigned by Executive and may be assigned by the Company only to a successor by merger or purchaser of all or substantially all of the assets of the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Commitment fees and interest in respect of ABR Loans based upon clause (a) of the definition of ABR shall be calculated on the basis of a 365- (or 366- as the case may be) day year for the actual days elapsed (including the first day and excluding the last day). Interest in respect of Eurocurrency Loans, Bid Loans and ABR Loans based upon clause (b) or (c) of the definition of ABR and Letter of Credit Fees shall be calculated on the basis of a 360-day year for the actual days elapsed (including the first day and excluding the last day), provided, that interest in respect of Foreign Currency Loans denominated in Pounds Sterling, Australian Dollars, Canadian Dollars or New Zealand Dollars shall be calculated on the basis of a 365- (or 366- as the case may be) day year for actual days elapsed. The Administrative Agent shall promptly notify the Borrowers and the Banks of each determination of a Eurocurrency Rate. Any change in the interest rate on a Committed Rate Loan resulting from a change in the ABR shall become effective as of the opening of business on the day on which such change in the ABR shall become effective. The Administrative Agent or the Foreign Currency Agent, as applicable, shall promptly notify the Borrowers and the Banks of the effective date and the amount of each such change.

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 legal provision and list the applicable contract clause categories. Provision: For the period beginning on the Effective Date and ending on June 14, 2017, the Company shall pay Employee an annual salary of $327,442.40, which shall be payable to Employee in accordance with the Company’s normal payroll practices, but in no event less than bi-weekly. For the period beginning June 15, 2017 and ending June 14, 2018, the Company shall pay Employee an annual salary of $163,721.20, which shall be payable to Employee in accordance with the Company’s normal payroll practices, but in no event less than bi-weekly.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The trial court sustained defendant’s objections to this testimony based on the state of the law as it existed at that time, which was that a psychologist, who is not a medical doctor, is not qualified to render an opinion as to the cause of brain damage. Executive Car & Truck Leasing, Inc. v. DeSerio, 468 So.2d 1027 (Fla. 4th DCA 1985). Tomlian, 782 So.2d at 906. The district court reversed the jury verdict for defendants and remanded the case for a new trial, noting that in Broward County School Board v. Cruz, 761 So.2d 388 (Fla. 4th DCA), approved, other grounds, 800 So.2d 213 (Fla.2001), the Fourth District had receded from its prior holding in DeSerio, which it now considered to be contrary to the greater weight of authority. See Cruz, 761 So.2d at 394 (Fla. 4th DCA 2000) (<HOLDING>). The district court also rejected the argument Options: A. recognizing that publication in the laws of florida or the florida statutes gives all citizens constructive notice of the consequences of their actions B. holding that psychologists are not precluded from testifying as to the cause of brain injury based in part upon the district courts acknowledgment that after deserio the florida legislature had broadly defined the practice of psychology in section 4900034 florida statutes 1997 C. recognizing that the florida legislature had after deserio broadly defined the practice of psychology in section 4900034 florida statutes 1997 and that the decision in deserio was contrary to the current weight of authority D. holding defendant had requisite contacts under section 481932 florida statutes where it solicited consulting and other services from a florida corporation in which a substantial amount of the services sought by defendant were performed in florida E. holding that defendants bank account and open line of credit in florida utilized to transfer money in international commerce was insufficient to confer jurisdiction under section 481932 florida statutes where defendant operated its business in honduras had no employees or agents in florida and did not advertise or solicit business in florida

assistant: The best answer is B. holding that psychologists are not precluded from testifying as to the cause of brain injury based in part upon the district courts acknowledgment that after deserio the florida legislature had broadly defined the practice of psychology in section 4900034 florida statutes 1997
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 discretionary adjustments made pursuant to this Article 16 shall be subject to the provisions of Section 16.2. To the extent that any adjustments made pursuant to this Article 16 cause Incentive Stock Options to cease to qualify as Incentive Stock Options, such Options shall be deemed to be Nonstatutory Stock Options.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of time between Kuhlman’s statement and trial testimony. The trial was held approximately one and one-half years after the warrant was sought. Moreover, with regard to the key facts, Kuhlman’s trial testimony was consistent with the statements recounted by Deputy Aesoph: Kuhlman observed Pruett with a large amount of methamphetamine, and Pruett attempted to sell some of the methamphetamine to Kuhlman. Nor has Pruett demonstrated that Deputy Aesoph intentionally or recklessly omitted information about Kuhlman’s criminal history in an attempt to mislead the magistrate. At the suppression hearing, Deputy Aesoph testified that he did not have access to Kuhlman’s criminal history at the time he completed the warrant application. See United States v. Allen, 297 F.3d 790, 795 (8th Cir.2002) (<HOLDING>). Moreover, we do not believe that the Options: A. holding that trial counsels performance in failing to object move to strike or request an admonishment of the jury with respect to the defendants criminal history was deficient and that it could not be said that the references to the defendants criminal history did not impact the jurys decision where the evidence was not overwhelming and reversing for a new trial B. holding that when a defendant qualifies as a career felon it is not necessary to ascertain the defendants criminal history category because the sentencing guidelines mandate a criminal history category of vi C. holding that omissions of informants criminal history from warrant affidavit did not support suppression where the affiant did not know the exact nature of the criminal history D. holding that the district court did not abuse its discretion by imposing an upward variance after finding that the defendants criminal history category of i understated the seriousness of his criminal history E. holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category

assistant: The best answer is C. holding that omissions of informants criminal history from warrant affidavit did not support suppression where the affiant did not know the exact nature of the criminal history
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 Grantee acknowledges that the Company, in the exercise of its sole discretion and without the consent of the Grantee, may amend or modify this Option Agreement in any manner and delay the issuance of any Shares issuable pursuant to this Option Agreement to the minimum extent necessary to meet the requirements of Section 409A as amplified by any Treasury regulations or guidance from the Internal Revenue Service as the Company deems appropriate or advisable. In addition, the Company makes no representation that the Award will comply with Section 409A and makes no undertaking to prevent Section 409A from applying to the Award or to mitigate its effects on any deferrals or payments made in respect of the Units. The Grantee is encouraged to consult a tax adviser regarding the potential impact of Section 409A.

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: See United States v. Gonzalez-Mares, 762 F.2d 1485 (9th Cir.1985) (stating that “probation officer’s questions regarding the use of aliases and pi*ior convictions were a routine exercise of administrative responsibility” and upholding conviction when false statements to probation officer “impaired the basic functioning of the probation department”); United States v. Plasceneia-Orozco, 768 F.2d 1074, 1076 (9th Cir.1985) (upholding a conviction of an individual who orally gave a false name to the magistrate at his arraignment stating “the magistrate’s inquiry of [defendant] as to his true identity was not an exercise of the magistrate’s judicial powers, but was a function of the magistrate’s administrative duties”); see also United States v. Barber, 881 F.2d 345, 350-51 (7th Cir.1989) (<HOLDING>); Masterpol, 940 F.2d at 766 (holding Options: A. holding that the plaintiffs administrative claims were not timely presented and noting that the fact that the decedents family decided to place their trust in the us attorneys office electing not to seek competent legal advice until much later does not alter that conclusion B. holding the court lacked jurisdiction where the defendant failed to file a notice of appeal on the attorneys fee issue because a supplemental notice of appeal is required for us to have jurisdiction over an attorneys fees issue that becomes final subsequent to the initial notice of appeal C. recognizing that sentencing facts are based on the evidence and testimony presented at sentencing under a preponderance of the evidence standard D. holding the divesting of jurisdiction by the mailing of a certified copy of the order of remand does not preclude the award of attorneys fees and costs E. holding that defendants mailing of false recommendation letters to us attorneys office on behalf of another defendant was covered by 1001 because facts presented a unique setting and one illsuited to regulation through the perjury statutes and because sentencing recommendations are within jurisdiction of us attorneys office

assistant: The best answer is E. holding that defendants mailing of false recommendation letters to us attorneys office on behalf of another defendant was covered by 1001 because facts presented a unique setting and one illsuited to regulation through the perjury statutes and because sentencing recommendations are within jurisdiction of us attorneys office
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive is employed as the Regional President of the Bank. Executive’s responsibilities, duties, prerogatives and authority in such office shall be those customary for persons holding such office of institutions in the financial institutions industry, as well as such other duties of an executive, managerial or administrative nature, which are consistent with such office, as shall be specified and designated from time to time by the Board of Directors of the Bancorp (the “ Bancorp Board ”).

assistant: Employment
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: pleads two counts of unjust enrichment, one on a contract-based theory and the other on a tort fraud theory. He correctly argues that by virtue of his allegation that he worked above the agreed-upon hours set forth in his employment contract, he can state a quasi-contract claim and seek an award for unjust enrichment because the additional hours worked' were not covered by an express contract. See, e.g., Buenaventura v. Champion Drywall, Inc., 803 F.Supp.2d 1215, 1219 (D.Nev.2011) (allowing unjust enrichment claim based on failure to provide adequate compensation); McCullough v. Lennar Corp., No. 09-CV-1808-WQH-NLS, 2009 WL 3805305, at *6 (S.D.Cal. Nov. 10, 2009) (same); United States ex. Falco Constr. Corp. v. Summit Gen. Contracting Corp., 760 F.Supp. 1004, 1011 (E.D.N.Y.1991) (<HOLDING>). Risinger’s unjust enrichment claim thus seeks Options: A. holding that a provision making all payments to subcontractor by contractor expressly contingent upon payment for the work by contractor from owner is a payifpaid clause under texas law B. holding that where contract between contractor and subcontractor allowed subcontractor to recover if contractor recovered contractor was not barred from bringing suit on behalf of subcontractor C. holding that subcontractor can recover in quasicontract from contractor for work not encompassed in the agreement between the two D. holding that the owner could maintain a 93a claim against the subcontractor where there was a genuine issue of material fact as to whether the owner was the thirdparty beneficiary of the contract between the general contractor and the subcontractor E. holding that subcontractor could recover damages from general contractor for delay in performance under state law

assistant: The best answer is C. holding that subcontractor can recover in quasicontract from contractor for work not encompassed in the agreement between the two
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: 2.5 the access to or use of certain areas and features of the airbnb platform may be subject to separate policies , standards or guidelines , or may require that you accept additional terms and conditions .

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: of N.J.S.A 59:4-4. That statute provides: Subject to section 59:4-2 of this act, a public entity shall be liable for injury proximately caused by its failure to provide emergency signals, signs, markings or other devices if such devices were necessary to warn of a dangerous condition which endangered the safe movement of traffic and which would not be reasonably apparent to, and would not have been anticipated by, a person exercising due care. According to the statute, a public entity is liable only if it fails to provide an “emergency” traffic signal. N.J.S.A. 59:4-4 applies only to conditions that are “sudden, unexpected [or] emergent.” Spin Co. v. Maryland Casualty Co., 136 N.J.Super. 520, 524, 347 A.2d 20 (Law Div.1975); accord Weiss, supra, 128 N.J. at 383-84, 608 A.2d 254 (<HOLDING>). As the Appellate Division correctly stated in Options: A. holding njsa 5944 inapplicable when the danger is endemic not emergent B. holding person is at grave risk of death when directly in the line of fire or when in a zone of danger C. holding frady inapplicable D. holding confrontation clause inapplicable at sentencing E. holding the first two categories inapplicable

assistant: The best answer is A. holding njsa 5944 inapplicable when the danger is endemic not emergent
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: By the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) and without any further action on the part of the applicable Issuing Bank or the Lenders, the applicable Issuing Bank hereby grants to each Lender, and each Lender hereby acquires from the applicable Issuing Bank, a participation in such Letter of Credit equal to such Lender’s Applicable Percentage of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the applicable Issuing Bank, such Lender’s Applicable Percentage of each LC Disbursement made by the applicable Issuing Bank and not reimbursed by the Borrowers on the date due as provided in paragraph (e) of this Section, or of any reimbursement payment required to be refunded to the Borrowers for any reason. Each Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.

assistant: Participations
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: this study, Ashley Creek knows what its own costs would be only within a margin of plus or minus 25%. Ashley Creek does not know the cost to ship its concentrate from the end of the pipeline to its potential customers. Ashley Creek does not know whether there are any customers who would buy concentrate at the price Ashley Créek would have to charge even if the Pipeline tariff were zero. While Ashley Creek claims that the tariff is too high, it does not know whether it could profitably ship at the actual tariff rates or indeed at any tariff rate. Merely knowing that there are phosphate deposits on its leases is not sufficient to demonstrate that Ashley Creek is prepared to enter the market. See Practice Perfect Inc. v. Hamilton County Pharm. Ass’n, 732 F.Supp. 798, 803 (S.D.Ohio 1989) (<HOLDING>); Gas Utilities Co. of Ala., Inc. v. Southern Options: A. holding that failure to instruct on an essential element was harmless error because the element was so clearly established B. holding that misrepresentation was essential to plaintiffs claim C. holding that proof of relevant market is essential under 2 D. holding plaintiffs principals failed to identify a sufficient market for their services which was an essential element for the success of their proposed business E. holding dismissal proper where complaint fails to allege an essential element of plaintiffs claim

assistant: The best answer is D. holding plaintiffs principals failed to identify a sufficient market for their services which was an essential element for the success of their proposed business
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 hereby represents and warrants to the undersigned that the Company’s representations and warranties as set forth in Section 3.1 and as set forth in the covenants listed in Article IV of the Securities Purchase Agreement (other than as set forth in section 4.12), dated as of April 20, 2018 (the “ Purchase Agreement ”), together with any updates in the Company’s SEC Reports subsequent to the Purchase Agreement, are true and correct as of the date hereof and have been fully performed as of the date hereof. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Purchase Agreement.

assistant: Warranties
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 acquaintances are not the memorialized type of statements that Crawford addressed. Id., ¶ 53. Moreover, we determined that the witness's girlfriend was not a governmental agent, and there was no reason to believe the declarant expected his girlfriend to report to the police what he told her. Id. Here, Julie confided in Wojt and DeFazio about the declining situation in the Jensen household and her statements are wholly consistent with the statements of a person in fear for her life. As one court put it, "when a declarant speaks with her neighbor across the backyard fence, she has much less of an expectation that the government will make prosecuto-rial use of those statements." State v. Mizenko, 127 P.3d 458, (Mont. 2006); see also Compan v. People, 121 P.3d 876, 880-81 (Colo. 2005) (<HOLDING>). ¶ 33. In essence, we conclude that Julie's Options: A. holding that the victims statements to a 911 operator while the perpetrator was in the home were nontestimonial because their primary purpose was to enable police assistance to meet an ongoing emergency B. holding that victims statement to an acquaintance made after an assault were nontestimonial C. holding that driving records were nontestimonial D. holding that a statement from a conversation admitted under the stateofmind exception to the hearsay rule was nontestimonial because it was private not made under examination not contained in a formalized document such as an affidavit deposition or prior testimony transcript and not made under circumstances in which an objective person would reasonably believe that the statement would be available for use at a later trial E. holding that the victims statement was inadmissible when made two to three hours after victim was allegedly raped because the victims testimony supported the conclusion that her statement was made with conscious reflection

assistant: The best answer is B. holding that victims statement to an acquaintance made after an assault were nontestimonial
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: Baker’s Table of that obligation. In the absence of such relief, Baker’s Table was required to file the motion on or before December 14, 1998, and its failure to do so exposed it to the risk of sanctions by the court. The City sought those sanctions by filing its second motion to dismiss alleging the failure to comply with Rule 80B(i). [¶ 16] Unlike Rule 16, Rule 80B does not expressly provide for dismissal with prejudice as a sanction for failure to comply with any of its provisions. Compare M.R. Civ. P. 16(h) with M.R. Civ. P. 80B(h). See also, e.g., M.R. Civ. P. 11, 37. Nonetheless, the court has the inherent authority to sanction a party’s failure to comply with the rules. In exercising its discretion to determine what, if any, sanction should be imposed for a viola 518, 522 (<HOLDING>); Longley v. Knapp, 1998 ME 142, ¶ 8, 713 A.2d Options: A. holding sanctions were appropriate due to prejudice imposed on other party from failure to disclose subject matter of expert testimony B. holding sanctions were appropriate when the party had no reasonable justification for his repeated failures to designate an expert C. holding sanctions were appropriate where party filed motions merely for purposes of delay D. holding reversal required where party lacked an opportunity to present evidence on the issue before sanctions imposed E. holding that defense counsels failure to object to testimony did not warrant a new trial because there was no prejudice from admission of the testimony

assistant: The best answer is A. holding sanctions were appropriate due to prejudice imposed on other party from failure to disclose subject matter of expert testimony
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: dominion or control over the property and did not have the right to exclude others from the garage area in which the truck was parked. Because the gate was open, music was playing at a sufficient volume for the deputies to hear it, Myrick and his brother were drawing attention to their location by singing, the truck windows allowed the deputies to see inside, and the garage door was left open, Myrick did not take precautions customarily taken by those seeking privacy. Further, there was no evidence that Myrick put the place to private use (there was no testimony that personal items were kept at the property), and nothing suggests a claim of privacy in this context is consistent with historical notions of privacy. See Beck v. State, 583 S.W.2d 338, 345 (Tex.Crim.App. [Panel Op.] 1979) (<HOLDING>). We hold that Myrick did not meet his burden Options: A. holding that defendant had standing to challenge the seizure of a box regardless of who owned it because it was in a house owned and possessed by defendant B. holding that police chiefs son who alleged that he was denied an interview for a position because his father had criticized the local officials did not have standing to assert the first amendment rights of his father C. holding that passengers lacked any reasonable expectation of privacy and therefore had no standing to challenge the search of the vehicle D. holding that adult child who maintained his own residence separate from his fathers household but regularly vacationed and kept gear at his fathers vacation home was not a resident of his fathers household and therefore not an insured under his fathers insurance policy covering the vacation home E. holding defendant who was employee of and had key to his fathers business premises searched lacked standing to challenge search of building his father owned

assistant: The best answer is E. holding defendant who was employee of and had key to his fathers business premises searched lacked standing to challenge search of building his father owned
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All demands, notices and communications hereunder shall be in writing and shall be deemed to have been duly given if personally delivered at or mailed by registered mail, return receipt requested, to, in the case of (i) the Issuer, at c/o Wilmington Trust, National Association, Rodney Square North, 1100 North Market Street, Wilmington, DE 19890, Attention: Corporate Trust Administration, with a copy to BMW Financial Services NA, LLC, as Administrator, at 300 Chestnut Ridge Road, Woodcliff Lake, NJ 07677, Attention: General Counsel; (ii) the Indenture Trustee and the Secured Party, at 190 South LaSalle Street, 7th Floor, Chicago, Illinois 60603, Attention: Global Structured Finance/BMW Vehicle Lease Trust 2019-1; and (iii) the Securities Intermediary, at 190 South LaSalle Street, 7th Floor, Chicago, Illinois 60603, Attention: Global Structured Finance/BMW Vehicle Lease Trust 2019-1; or as to any of such parties, at such other address as shall be designated by such party in a written notice to the other parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. In the event that the document is signed by one party and faxed to another the parties agree that a faxed signature shall be binding upon the parties to this agreement as though the signature was an original.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in the event that a third party provider reports the need for repair or cleaning , and such repair or cleaning request is verified by uber in uber 's reasonable discretion , uber reserves the right to facilitate payment for the reasonable cost of such repair or cleaning on behalf of the third party provider using your payment method designated in your account .

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: No interest shall accrue on the payroll deductions (and/or direct contributions, if applicable) credited to a Participant’s account under the Plan. Notwithstanding the foregoing, if the Plan Administrator determines that interest is required to be accrued on the payroll deductions or contributions for Participants in the Non-423 Component or any separate Offering under the 423 Component, then the Plan Administrator shall cause such interest to accrue to the extent required by applicable non-U.S. requirements.

assistant: Interests
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: would invite abuse and contravene the remedial purpose of the Act. The record establishes, and the WCJ found, that Employer made a business decision to remove Claimant from the field recruiter position she had agreed to perform and to reassign her to work only in a specific location. While Claimant would ion Appeal Board (Federici), 96 Pa.Cmwlth.208, 506 A.2d 1357 (Pa. Cmwlth.1986) (stating that, because a presumptive partial disability exists by virtue of a suspension of benefits, where the claimant suffers reduced earnings due to a work slowdown, an employer can avoid reinstatement of benefits only by offering suitable work); Southeastern Pennsylvania Transportation Authority (SEPTA), v. Workmen’s Compensation Appeal Board (Pointer), 145 Pa.Cmwlth.539, 604 A.2d 315 (1992) (<HOLDING>). Accordingly, we reverse. ORDER AND NOW, this Options: A. recognizing that in suspension situations when a claimants lightduty job ends under circumstances where neither the claimant nor the employer bears any culpability the employer must either find other suitable and available work for the claimant or resume payment of benefits B. holding claimant suffered permanent total disability where functional disability was only twentyfive or thirty percent claimant was fiftynine years of age claimant had little or no education and the injury kept the claimant from performing physical work C. holding that where the employer discontinues a specially created job the employer must offer another suitable job to the claimant or continue total disability payments D. holding that because a suspension admittedly is a concession that disability is continuing claimant need only show that the work provided by the employer on which the suspension is based is no longer available to claimant whereupon total disability payments must be reinstated as of the date of termination of that employment E. holding that glc 152 15 provides that the only party immune from suit under the statute is the direct employer a special employer is not immune because the special employer is not liable for the payment of workers compensation and there was no agreement between the direct employer and the special employer that the special employer would be liable for the payment of such compensation

assistant: The best answer is A. recognizing that in suspension situations when a claimants lightduty job ends under circumstances where neither the claimant nor the employer bears any culpability the employer must either find other suitable and available work for the claimant or resume payment of benefits
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: accordingly , the company parties disclaim all warranties , including , but not limited to , the warranties of title , merchantability , non-infringement of third parties rights , and fitness for particular purpose .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) . In addition to any compensation received pursuant to this Section 4, the Company will reimburse or advance funds to the Executive for all reasonable documented travel, entertainment and miscellaneous expenses incurred in connection with the performance of his duties under this Agreement, provided that the Executive properly provides a written accounting of such expenses to the Company in accordance with the Company’s practices. Such reimbursement or advances will be made in accordance with policies and procedures of the Company in effect from time to time relating to reimbursement of, or advances to, its executive officers.

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: and without support,” one of the reasons given by Chief Judge Murphy for the decision, which he authored, in Tandra S. Under the majority view, it is quite possible that many children could be left “fatherless and without support,” at least from their parent. The majority holds that the best interest of the child has no role to play in the decision to modify or set aside a paternity order. Underlying this holding is the majority’s interpretation of § 5-1038(a) to require blood or genetic testing to be ordered pursuant to § 5-1029. I do not quarrel with the proposition that the best interest of the child is not implicated when a blood test is ordered under the latter section. That section, as I have shown, governs the situation when paternity is still an open 3, 642 A.2d 201, 208 (1994) (<HOLDING>). To be sure, this Court must presume that the Options: A. recognizing policy and ruling that person who failed to file counterclaim when childs paternity was being determined in earlier litigation should not be allowed to bring later suit to establish that he was childs natural father as this would not be in the childs best interests B. holding that a parents right to control a childs upbringing is a fundamental liberty interest under the fourteenth amendment C. holding the foster parents responsible for support where the childs natural parents are unknown and noting that an earlier new york case held that an agreement to adopt did not terminate the natural parents duty of support but that in that earlier case the natural parent was alive and capable of providing for the child D. holding that natural parents have a fundamental liberty interest in the care custody and management of their children E. holding that a childs interest supercedes that of its natural parents

assistant: The best answer is E. holding that a childs interest supercedes that of its natural parents
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: v. Jefferson, Jefferson & Vaida, 167 N.J.Super. 282, 400 A.2d 836 (App.Div.1979). We perceive no impenetrable barrier, on the limited record before us, to establishing a standard of care applicable to cleric-counselors in the context of an allegation that the counselor used his position to sexually exploit the counselee. Cf. Simmons v. United States, 805 F.2d 1363, 1365 (9th Cir.1986) (affirming judgment based on sexual exploitation of plaintiff by a social worker-counselor, discussing the “transference phenomenon” and noting that “[wjhen the therapist mishandles transference and becomes sexually involved with a patient, medical authorities are nearly unanimous in considering such conduct to be malpractice”); Corgan v. Muehling, 143 Ill.2d 296, 158 Ill.Dec. 489, 574 N.E.2d 602 (1991) (<HOLDING>); N.J.AC. 13:42-10.9 (prohibiting a Options: A. recognizing negligent procurement to be a negligence cause of action B. recognizing the cause of action C. holding that the allegations in the complaint stated a cause of action under section 376313 D. holding that complaint stated cause of action for negligence arising from psychologists engaging in relations with plaintiff during course of treatment E. recognizing cause of action

assistant: The best answer is D. holding that complaint stated cause of action for negligence arising from psychologists engaging in relations with plaintiff during course of treatment
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: Kalu’s “having devised or intending to devise” a scheme, while the jury was instructed it could find him guilty if he “knowingly participated” in the scheme. Because the Tenth Circuit has construed the phrase “devised or intending to devise” to include knowing participation in a scheme, Mr. Kalu has not shown the district court broadened the charge in the indictment. “[U]nder well-established Tenth Circuit precedent a defendant may be convicted under [§ 1341] if the government shows that the defendant joined a scheme devised by someone else, as long as the defendant possessed the intent to defraud.” Prows, 118 F.3d at 692; see also United States v. Washita Constr. Co., 789 F.2d 809, 817 (10th Cir.1986); Gamble, 737 F.2d at 856; United States v. Gann, 718 F.2d 1502, 1505 (10th Cir.1983) (<HOLDING>). The use of the term “knowingly participated” Options: A. holding that a person violates the bank fraud statute when he knowingly executes a scheme to obtain money from a financial institution by means of false or fraudulent representations if a defendant knowingly provided materially false information in order to induce the loan the crime is complete and it is irrelevant whether or not he intended to repay or was capable of repaying it B. holding a defendant may be convicted of mail fraud if he knowingly and willfully participates in a fraudulent scheme created and set in motion by others C. holding that a defendant can be held liable when it knowingly participates in the creation of a false or misleading statement D. recognizing that a mailing must be sufficiently related to the fraudulent scheme to support a charge of mail fraud E. holding that the first element of mail fraud knowing participation in a scheme to defraud can extend beyond the specific mailing and that the loss calculation for a mail fraud conviction may include any loss from the fraudulent scheme that the mailing furthered

assistant: The best answer is B. holding a defendant may be convicted of mail fraud if he knowingly and willfully participates in a fraudulent scheme created and set in motion by others