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: Rugg and Dean Forrester contend that there is no evidence concerning their alleged discriminatory intent in the decision not to hire Dr. Koch for the temporary full-time faculty position in the Political Science Department. Like Johnson, this statement of their pretrial, qualified immunity appeal implicates examination of circumstantial evidence and places the threshold question of our jurisdiction at issue. See Mueller v. Tinkham, 162 F.3d 999, 1002 (8th Cir.1998) (“We have jurisdiction to review the denial of summary judgment based on qualified immunity, but that jurisdiction is limited to abstract issues of law and does not extend to arguments concerning the sufficiency of the evidence.”); see also GJR Invs., Inc. v. County of Escambia, Fla., 132 F.3d 1359, 1366 (11th Cir.1998) (<HOLDING>). Our jurisdiction to review a denial of Options: A. holding that second element of qualified immunity test is whether the law violated was clearly established B. recognizing that pretrial appellate jurisdiction in cases where qualified immunity is denied extends solely to legal issues concerning whether the complaint sufficiently alleged the violation of a clearly established right C. holding that defendant is entitled to qualified immunity because plaintiff failed to allege the violation of a clearly established constitutional right D. holding that in determining whether a state officer is entitled to qualified immunity for 1983 purposes courts may not consider whether the constitutional right was clearly established before determining first that a constitutional right was violated E. holding that the court evaluating a claim of qualified immunity must first determine whether the plaintiff states a claim of a constitutional violation at all and then must determine whether the claimed right was clearly established before proceeding to the qualified immunity question

assistant: The best answer is B. recognizing that pretrial appellate jurisdiction in cases where qualified immunity is denied extends solely to legal issues concerning whether the complaint sufficiently alleged the violation of a clearly established right
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The invalidity of any portion of this Agreement shall not affect the validity, force or effect of the remaining portions hereof. If it is ever held that any restriction hereunder is too broad to permit enforcement of such restriction to its fullest extent, such restriction shall be enforced to the maximum extent permitted by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that behavior. See 1414(d)(3)(B). Finally, an IEP team, “periodically, but not less than annually must determine whether the annual goals for the child are being achieved.” See 1414(d)(4)(A)(i). The IDEA does not require that a school either maximize a student’s potential or provide the best possible education at public expense. Fort Zumwalt Sch. Dist. v. Clynes, 119 F.3d 607, 612 (8th Cir.1997). The Act requires only that a student receive sufficient specialized services to benefit from his education. Id. See also Rowley, 458 U.S. at 195, 102 S.Ct. 3034 (IDEA’S goal is “more to open the door of public education to handicapped children on appropriate terms than to guarantee any particular level of education once inside.”). See also Doe v. Bd. of Educ., 9 F.3d 455, 459-60 (6th Cir.1993) (<HOLDING>). In regard to placement of a disabled child in Options: A. recognizing that a school district must be a prevailing party in order to be entitled to attorneys fees under the idea B. holding idea requires transportation of disabled child only to address his educational needs and does not require school district to accommodate a parents unrelated noneducational preferences C. holding that the idea requires a school district to provide the educational equivalent of a serviceable chevrolet not a cadillac D. holding that a school district was not required to move a nurse to a students neighborhood school to comply with the idea E. holding that school districts provision of teaching materials in a tardy fashion had an educational source and educational consequences

assistant: The best answer is C. holding that the idea requires a school district to provide the educational equivalent of a serviceable chevrolet not a cadillac
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 capitalized term which is defined in the Credit Agreement, but which is not defined in this Seventh Amendment, shall have the meaning ascribed such term in the Credit Agreement. Unless otherwise indicated, all article, section and exhibit references in this Seventh Amendment refer to articles, sections and exhibits of the Credit Agreement.

assistant: Defined Terms
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: 81, 86, 97 Cal.Rptr.2d 836 (Cal.Ct.App.2000), citing People v. Resendez, 12 CaI.App.4th 98, 113, 15 Cal.Rptr.2d 575 (Cal.Ct.App.1993). The test in Mathews v. Eldridge, 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) for deciding what process is "due,” requires the court to consider three factors: (1) the nature of the private interest affected; (2) the government’s interest, including the administrative and fiscal burdens that various procedures would entail; and (3) the risk of error associated with each conceivable procedural alternative. Mathews v. Eldridge, 424 U.S. at 334-35, 96 S.Ct. 893. 13 . State v. Lewis, 2005 Wash.App. Lexis 1354, at *5 (Wash.Ct.App. June 13, 2005). See also, United States v. Lomeli-Gonzalez, 1996 U.S.App. Lexis 16658, at *4 (9th Cir. June 7, 1996) (<HOLDING>). 14 . Brecht v. Abrahamson, 507 U.S. 619, Options: A. holding that the denial of due process in a particular case is subject to harmless error analysis B. holding trial errors are subject to a harmless error analysis C. holding that confrontation clause violations are subject to harmless error review D. holding confrontation clause violations subject to harmless error analysis E. holding that due process violations at a revocation hearing are subject to harmless error analysis citing united states v frazier 26 f3d 110 114 11th cir1994

assistant: The best answer is E. holding that due process violations at a revocation hearing are subject to harmless error analysis citing united states v frazier 26 f3d 110 114 11th cir1994
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 issuance of Common Stock hereunder is subject to compliance by the Company and you with all legal requirements applicable thereto, including compliance with the requirements of 12 C.F.R. Part 359, orders issued under 12 U.S.C. § 1818(b) (together with any agreements related thereto, “orders”) and tax withholding obligations, and with all applicable regulations of any stock exchange on which the Common Stock may be listed at the time of issuance. For the avoidance of doubt, regulatory approval under Part 359 or any orders to which the Company is a party may be required for the issuance of Common Stock hereunder in certain circumstances, and the Company cannot provide any assurance that it will be able to request such approval in accordance with the requirements of Part 359 or the applicable order or that any requested approval will be received. Subject to paragraph[s] 11 [and 12] below, the Committee may, in its sole discretion and without your consent, reduce, delay vesting, modify, revoke, cancel, impose additional conditions and restrictions on or recover all or a portion of this Award if the Committee deems it necessary or advisable to comply with applicable laws, rules and regulations. This Award is subject to any applicable recoupment or “clawback” policies of the Company, as in effect from time to time, and any applicable recoupment or clawback requirements imposed under laws, rules and regulations.

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: (1973). A § 1983 action requests relief from state action that deprived one of a federal right. The favorable-termination rule was developed to ensure that an individual who is, or was, in custody pursues the stringent time requirements for habeas relief before filing a § 1983 action, Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1137 (9th Cir.2005). The favorable-termination rule, as developed by subsequent Heck cases, requires an individual who is, or was, in custody and is seeking relief that n Cir.1987) (recognizing that a fine typically does not meet the “in custody” requirement). Under these circumstances, the Court finds Mr. Johnson was never “in custody” and, therefore, the favorable-termination rule does not apply. See also Haddad v. California, 64 F.Supp.2d 930 (C.D.Cal.1999) (<HOLDING>). Because the favorable-termination rule does Options: A. holding that hecks favorabletermination rule did not apply because haddad was not in custody as a result of his traffic conviction B. holding that defendant was not in custody during search of his residence C. holding that the special relationship exception did not apply because the decedent was not in defendants custody D. holding that a death sentence for a conviction for the rape of a child where the crime did not result and was not intended to result in death of the victim was barred by the eighth amendment E. holding that traffic stops do not ordinarily place a motorist in custody the court rejected the position that custody arises as soon as the level of suspicion amounts to probable cause to arrest

assistant: The best answer is A. holding that hecks favorabletermination rule did not apply because haddad was not in custody as a result of his traffic conviction
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: 15, 16 (Tex.App.—Corpus Christi. 1987, no writ) (<HOLDING>). The court has held that temporary orders Options: A. holding that errors other than jurisdiction render the judgment voidable within the standard appellate timetable B. holding that the standard for withholding of removal is more demanding than the standard for asylum C. holding that if a state case explicitly states that the state standard is more favorable to the defendant than the federal standard the federal claim is considered adjudicated below when the state standard is applied D. recognizing that the federal pleading standard is a less stringent standard than the delaware pleading standard E. holding that the standard for a motion for judgment on the pleadings is the same as the standard for a motion to dismiss

assistant: The best answer is A. holding that errors other than jurisdiction render the judgment voidable within the standard appellate timetable
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: were parties to an agreement to restrain trade. First, GUA maintains that by obtaining exclusive dealing contracts with customers that GUA had contacted and by entering into a new and more favorable purchase agreement with Southern Marketing, Alagasco collaborated with Southern to foreclose any competition. In addition, GUA claims that Alagasco’s rate reduction to potential GUA customers following Southern’s denial of the taps, was not a manifestation of Alagasco’s desire to compete with companies such as GUA. Instead, Alagasco was “hedging its bets”, since Alagasco did not completely trust Southern. Plaintiffs Response at 5. GUA also asserts that the conspiratorial nature of Southern and Alagasco’s conduct is manifested through “conscious parallelism.” See American Tobacco Co., supra, (<HOLDING>) GUA recognizes that to prevail with this Options: A. holding that coverage could not be premised upon theories of negligence in the underlying complaint where based upon numerous acts of molestation that could not be deemed negligent acts B. holding that the notion of enterprise conspiracy has largely rendered the old distinction between single conspiracy and multiple conspiracy irrelevant to rico conspiracy charges C. holding that the existence of a conspiracy could be premised upon parallel pricing in competitive bidding behavior D. holding that in a conspiracy case venue lies where the conspiracy agreement was formed or in any jurisdiction where an overt act in furtherance of the conspiracy was committed by any of the conspirators E. holding thirdparty claims may be premised upon a violation of kucspa

assistant: The best answer is C. holding that the existence of a conspiracy could be premised upon parallel pricing in competitive bidding behavior
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 shall be governed by, enforced, and construed under and in accordance with the laws of the United States of America and, with respect to matters of state law, with the laws of Delaware. Any dispute arising under or in any way related to this Agreement will be determined exclusively in the Federal or State Courts, for the County of New York, State of New York.

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: In the performance of Services or the provision of Licensed Software pursuant to this Agreement, Licensor shall comply with the requirements of all applicable laws, ordinances, and regulations of the United States or any state, country, or other governmental entity. Licensor shall indemnify, defend, and hold GM harmless from and against any and all claims, actions, or damages arising from or caused by Licensor's failure to comply with the foregoing.

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: wrongful discharge claim for his reports and opposition to unlawful conduct. CPUD asks the Court to decide the oft-raised issue of whether a plaintiff who alleges the interstitial tort of common law wrongful discharge is precluded from bringing that claim because there is an adequate statutory remedy. Under Oregon law, a claim for common law wrongful discharge is not available if “(1) an existing remedy adequately protects the public interest in question, or (2) the legislature has intentionally abrogated the common law remedies by establishing an exclusive remedy (regardless of whether the courts perceive that remedy to be adequate).” Arnold v. Pfizer, Inc., 970 F.Supp.2d 1106, 1145-46 (D.Or.2013) (citation omitted); see Wall v. Sentry Ins., 2015 WL 350683, at *3 (D.Or. Jan. 26, 2015) (<HOLDING>). When a court decides whether an adequate Options: A. holding that an employees claim for relief for wrongful discharge based on state common law was preempted by 1132a B. recognizing common law tort claim for wrongful discharge in violation of ohio public policy based upon statutory and judicial sources C. holding that the test for preclusion of a common law wrongful discharge claim is disjunctive D. recognizing cause of action for wrongful discharge E. recognizing tort of wrongful discharge

assistant: The best answer is C. holding that the test for preclusion of a common law wrongful discharge claim is disjunctive
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: to the maximum extent permitted by applicable law , you expressly agree that truecaller shall in no event be liable for any direct , indirect , special , incidental , consequential or exemplary damages , including but not limited to damages for loss of profits , data and goodwill , arising out of the use or inability to use the services or the content , even if advised of the possibility of such damages .

assistant: Limitation of liability
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 may withhold from any benefits payable under this Agreement (including with respect to the Performance Bonus whether in cash or in stock shares) all federal, state, city or other taxes as the Company shall reasonably determine are required pursuant to any law or governmental regulation or ruling.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at that end of town. The call was for a suspicious person being a Hispanic male. The officer went specifically to that location and the juvenile matches the description of being a Hispanic male[,] and[,] according to the officer’s testimony, he. was wearing gang attire, large baggy clothes. We uphold the trial court’s findings, with the exception of the finding that the dispatch call was about “suspicious activity,” because Officer Henderson testified that the dispatch was about a “suspicious person” at the Exxon gas station. Officer Henderson testified as follows: A [T]he [dispatch] call was a suspicious person at the [Exxon] station at the corne tely 6:00 p.m. on a summer evening in front of an open business. Cf. State v. Rinck, 303 N.C. 551, 555-60, 280 S.E.2d 912, 916-20 (1981) (<HOLDING>); State v. Blackstock, 165 N.C. App. 50, 59, Options: A. holding that the forceable stop at issue was an investigatory stop rather than an arrest B. holding officer had a reasonable basis to stop a motorist for crossing the fog line and that failure to have regard for the width and use of the street by swerving off the side of the road or crossing the marker lines constitutes probable cause for a traffic stop C. holding circumstances supporting reasonable suspicion to make a stop included that the defendant was on a comer on which recent multiple drugrelated arrests had been made D. holding that circumstances created reasonable suspicion for investigatory stop E. holding circumstances supporting a reasonable basis for a stop included that the defendants were walking along a road at an unusual hour of approximately 135 am

assistant: The best answer is E. holding circumstances supporting a reasonable basis for a stop included that the defendants were walking along a road at an unusual hour of approximately 135 am
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 Property Owners maintain Insurance Policies and all material Insurance Policies (i) are in full force and effect and enforceable in accordance with their terms and (ii) have not been subject to any lapse in coverage for any material term. As of the date hereof, the Parties agree that such Insurance Policies will be managed by the Service Provider, either directly or indirectly through the use of a captive insurance subsidiary. Upon the request of the Service Provider, each of the Property Owners will provide commercially reasonable cooperation to the Service Provider in order to afford the Service Provider the ability to properly maintain the Insurance Policies, which may include providing access to coverage, carriers and the right to make claims on behalf of the Property Owners and obtaining letters of credit or other credit support documentation requested by the Service Provider as may be necessary to provide a back-to-back letter of credit for the insurance obligations under the Insurance Policies of each property owned by the Property Owners, as applicable.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 1998 ME 198, ¶ 10, 716 A.2d 212, 217. The availability of the qualified immunity defense is a question of law. See id. at ¶ 13, 716 A.2d at 217. Pursuant to the death-knell exception to the final judgment rule, we will hear a government official’s interlocutory appeal from an order denying a motion for summary judgment in which a claim of immunity is raised. See id. (citing J.R.M., Inc. v. City of Portland, 669 A.2d 159, 160 & n. 1 (Me.1995)). A court ruling on a motion for summary judgment may consider only the portions of the record referred to, and the material facts set forth, in the Rule 7(d) statements. See Prescott v. State Tax Assessor, 1998 ME 250, ¶ 5, 721 A.2d 169, 172 (citations omitted). III. DISCUSSION [¶ 16] Pursuant to 42 U.S.C. § 1983: Every person who, Cir.1989) (<HOLDING>); Pierce v. Engle, 726 F.Supp. 1231, 1237 Options: A. holding that a suspension with pay does not violate any recognized property interest B. holding that a twoday suspension with pay does not deprive plaintiff of measurable property interest C. holding that suspension with pay was not adverse employment action D. holding that a suspension with pay does not invade any recognized property interest E. holding that a school principals suspension with pay did not implicate a constitutionally protected property interest

assistant: The best answer is B. holding that a twoday suspension with pay does not deprive plaintiff of measurable property interest
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 (including any exhibits hereto) and the Confidentiality Agreement constitute the entire agreement and supersede all other prior agreements, understandings, representations and warranties, both written and oral, among the Parties, with respect to the subject matter hereof. EACH PARTY AGREES THAT, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT, NEITHER BUYER NOR THE COMPANY MAKES OR RELIES ON ANY OTHER REPRESENTATIONS, WARRANTIES OR INDUCEMENTS, AND EACH HEREBY DISCLAIMS ANY OTHER REPRESENTATIONS, WARRANTIES OR INDUCEMENTS, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF ANY OTHER INFORMATION MADE BY, OR MADE AVAILABLE BY, ITSELF OR ANY OF ITS REPRESENTATIVES, WITH RESPECT TO, OR IN CONNECTION WITH, THE NEGOTIATION, EXECUTION OR DELIVERY OF THIS AGREEMENT OR THE CONSUMMATION OF THE SHARE ISSUANCE, NOTWITHSTANDING THE DELIVERY OR DISCLOSURE TO THE OTHER PARTY OR THE OTHER PARTY’S REPRESENTATIVES OF ANY DOCUMENTATION OR OTHER INFORMATION WITH RESPECT TO ANY ONE OR MORE OF THE FOREGOING; PROVIDED , HOWEVER , THAT NONE OF THE FOREGOING SHALL OPERATE TO LIMIT THE LIABILITY OF ANY OTHER PERSON IN RESPECT OF ANY CLAIM OR CAUSE OF ACTION BASED ON OR ARISING OUT OF FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL MISREPRESENTATION. No Party shall be bound by, or be liable for, any alleged representation, promise, inducement or statement of intention not contained herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a hybrid of the quota bonus system and the salary plus commission system. Id. at *4. Like the court in Donovan, this Court finds that the Level I payment plan constitutes a hybrid of a quota bonus plan and a salary plus commission plan. Under a quota bonus plan, employees are paid commissions on sales over and above a predetermined sales quota. The Level I plan possesses characteristics similar to a quota bonus plan in that account executives’ commissions are added to the non-recoverable draw if they bring in money over and above a predetermined sales quota of $10,000. The Level I plan differs from a quota bonus plan, however, in that account executives are paid the full amount of the non-recoverable draw even if they do not bring in over $10,000. See Donovan, 1986 WL 11266, at *4 (<HOLDING>). The Level I plan also possesses qualities Options: A. recognizing that the compensation plan at issue in that case possessed some qualities of a quota bonus system but that it was not strictly such a plan because a salary is paid to the managers regardless of the number of gallons they pump B. holding that professionals who advised the plan were not fiduciaries because they had no decision making authority over the plan or plan assets also noting that the power to act for the plan is essential to status as a fiduciary C. holding that a payment is under the plan when the debt is provided for in the plan D. holding that because the spd at issue stated that it is made part of the group policy its terms were sufficient to find that the plan conferred discretion on the plan administrator E. holding that plan language giving plan administrator power to determine which employees are eligible to participate in the plan and providing all parties dealing with the plan an interpretation of plan provisions on request indicates deferential standard of review of trustee eligibility decisions

assistant: The best answer is A. recognizing that the compensation plan at issue in that case possessed some qualities of a quota bonus system but that it was not strictly such a plan because a salary is paid to the managers regardless of the number of gallons they pump
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall provide Executive’s reasonable cooperation in connection with any action or proceeding (or any appeal from any action or proceeding) which relates to events occurring during Executive’s employment hereunder, provided , that, following termination of Executive’s employment, the Company shall pay all expenses incurred by Executive in providing such cooperation, including, without limitation, all transportation, lodging and meal expenses (in the same level of comfort provided to Executive for his business travel during his period of employment) and reasonable attorney fees. This provision shall survive any termination of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: different from the policy in this case. The cases cited by Appellants primarily contain language defining “occurrences” or “sexual abuse occurrences” and find sexual molestations of multiple victims by one perpetrator constitute one occurrence. See Merryland Childcare, 2007 WL 316571, at *2, *6 (finding abuse of multiple children constituted one “sexual abuse occurrence,” defined as “[a] single act, or multiple, continuous, sporadic, or related acts of sexual abuse.... A ‘sexual abuse occurrence’ must occur while the claimant is in the care, custody or control of an insured----”); Smart School, 401 F.Supp.2d at 1342-44 (interpreting language identical to that in Merryland Childcare to reach the same conclusion); TIG Ins. Co. v. San Antonio YMCA, 172 S.W.3d 652, 661 (Tex.App.2005) (<HOLDING>); Preferred Risk Mut. Ins. Co. v. Watson, 937 Options: A. holding defendants prior conviction for assault related to sexual abuse of a minor even though it did not require an act of sexual abuse because it required intent to commit sexual abuse and such a mens rea demonstrate the offense was one relating to sexual abuse B. holding trial court was proper in admitting a doctors testimony that a delay between the occurrence of an incident of child sexual abuse and the childs revelation of the incident was the usual pattern of conduct for victims of child sexual abuse C. holding that attempted sexual abuse is a specific intent crime D. holding that an abuse or molestation exclusion unambiguously covered claim of sexual touching even though terms abuse and molestation were not defined E. holding that although there were six occurrences under the general liability policy there was only one sexual abuse occurrence where sexual abuse occurrence was defined as a single act or multiple continuous sporadic or related acts of sexual molestation or abuse caused by one perpetrator

assistant: The best answer is E. holding that although there were six occurrences under the general liability policy there was only one sexual abuse occurrence where sexual abuse occurrence was defined as a single act or multiple continuous sporadic or related acts of sexual molestation or abuse caused by one perpetrator
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 Plan, the Grant Notice and this Agreement (including all Appendices thereto) constitute the entire agreement of the parties and supersede in their entirety all prior undertakings and agreements of the Company and Participant with respect to the subject matter hereof.

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: Notices hereunder shall be in writing and, if to the Company, shall be addressed to the Secretary of the Company at 7950 Jones Branch Drive, McLean, Virginia 22107, and, if to the Employee, shall be addressed to the Employee at his or her address as it appears on the Company's records.

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: Borrower will maintain, and will cause each Subsidiary to maintain, proper books of record and account in which full, true and correct entries in conformity with GAAP shall be made of all dealings and transactions in relation to its business and activities.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: hand, enforcing the husband’s right to procreate using the embryos at issue in this case could result in the birth of the wife’s biological child. Even if the wife were relieved of the financial and custodial responsibility for her child, the fact that her biological child would exist in an environment controlled by strangers is understandably unacceptable to the wife. Arguably, therefore, enforcement wife also relies on her constitutional right of privacy and the right not to procreate. We do not, however, resolve this case on constitutional grounds because it is not clear that judicial enforcement of the alleged private contract would constitute state action under the Fourteenth Amendment. Compare Shelley v. Kraemer, 334 U.S. 1, 19, 68 S.Ct. 836, 845, 92 L.Ed. 1161, 1183 (1948) (<HOLDING>) and Tulsa Professional Collection Servs., Inc. Options: A. holding proof of racially discriminatory intent or purpose required to show equal protection violation B. holding that state court enforcement of racially restrictive covenants constituted state action in violation of the equal protection clause of the fourteenth amendment C. holding that neither the due process clause nor the equal protection clause of the fourteenth amendment require the appointment of counsel on a petition for discretionary review to a state supreme court D. holding that racially discriminatory use of peremptory challenges violates the equal protection clause of the fourteenth amendment E. holding that the fourteenth amendment only applies to state action

assistant: The best answer is B. holding that state court enforcement of racially restrictive covenants constituted state action in violation of the equal protection clause of the fourteenth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any other provision herein, the Borrower agrees that this Agreement, the Loan Documents, any amendments thereto, and any other information, notice, signature card, agreement or authorization related thereto (each, a “ Communication ”) may, at the Bank’s option, be in the form of an electronic record. Any Communication may, at the Bank’s option, be signed or executed using electronic signatures. For the avoidance of doubt, the authorization under this paragraph may include, without limitation, use or acceptance by the Bank of a manually signed paper Communication which has been converted into electronic form (such as scanned into PDF format) for transmission, delivery and/or retention.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No event or circumstance has occurred or exists that constitutes a Default or Event of Default. No Loan Party or Restricted Subsidiary is in default, and no event or circumstance has occurred or exists that with the passage of time or giving of notice would constitute a default by any Loan Party or Restricted Subsidiary, under any Material Contract that could reasonably be expected to have a Material Adverse Effect.

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: Read the legal provision and list the applicable contract clause categories. Provision: All notices relating to this Agreement shall be in writing and shall be either personally delivered, sent by telecopy (receipt confirmed) or mailed by certified mail, return receipt requested, to be delivered at such address as is indicated below, or at such other address or to the attention of such other person as the recipient has specified by prior written notice to the sending party. Notice shall be effective when so personally delivered, one business day after being sent by telecopy or five days after being mailed.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “erred in deciding only the voluntariness of [his] Miranda waiver, without determining whether [it] was knowing and intelligent.” Andrews argues that the district court should have made an express finding as to the knowing and intelligent nature of his Miranda waiver. Plainly a defendant’s motion to suppress should not be denied on the basis of a Miranda waiver, absent a finding by the district court that the waiver was knowing and intelligent. However, such a finding may be inferred by an appellate court, given adequate support in the record. Several other circuits have inferred that the district court made factual findings reflecting a valid waiver, even though such findings were not expressly stated in the record. See United States v. Whitworth, 856 F.2d 1268, 1278 (9th Cir.1988) (<HOLDING>), cert. denied, 489 U.S. 1084, 109 S.Ct. 1541, Options: A. holding that the prior conviction was valid for calculation of the defendants criminal history because his waiver of the right to counsel was valid B. recognizing that we can consider trial evidence in reviewing the denial of a pretrial suppression motion C. holding that the fifth amendment did not require the suppression of the physical fruits of a miranda violation where the statement was voluntary D. holding that waiver of miranda rights was valid where finding that the defendant initiated the conversation was implicit in the district judges denial of the suppression motion E. holding that in determining the voluntariness of a waiver of miranda rights a court must evaluate the totality of the circumstances

assistant: The best answer is D. holding that waiver of miranda rights was valid where finding that the defendant initiated the conversation was implicit in the district judges denial of the suppression motion
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 much broader category of consideration than cash alone. Black’s Law Dictionary (10th ed.2014) (defining “payment” as the “performance of an obligation by the delivery of money or some other valuable thing accepted in partial or full discharge of the obligation” and “the money or other valuable thing so delivered in satisfaction of an obligation” (emphases added)). As the Third Circuit observed, [t]he thrust of the Court’s reasoning is not that it is problematic that money is used to effect an end to a patent challenge, but rather that the patentee leverages some part of its patent power ... to cause anticompetitive harm— namely, elimination of the risk of competition. King Drug Co. of Florence, Inc. v. Smithkline Beecham Corp., 791 F.3d 388, 406 (3d Cir.2015); see also id. at 409 (<HOLDING>). Nor are we the first court to determine that Options: A. holding that an acceleration clause is not subject to antitrust scrutiny where plaintiffs conceded that they could be procompetitive in some circumstances but noting that noag clauses are subject to antitrust scrutiny B. holding that there must be a causal connection between the alleged antitrust violation and the antitrust injury for there to be antitrust standing C. holding that an antitrust injury is an injury that is attributable to an anticompetitive aspect of the practice under scrutiny D. holding a mandatory sentence is still subject to constitutional scrutiny E. holding postactavis that a noag agreement is subject to antitrust scrutiny under the rule of reason

assistant: The best answer is E. holding postactavis that a noag agreement is subject to antitrust scrutiny under the rule of reason
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 and delivery by the Executive of this Employment Agreement, and the performance by the Executive of its obligations hereunder, do not and will not (i) violate or conflict with any law, ordinance, or regulation, or order, decree or judgment of any arbitrator, court or administrative or other governmental body which is applicable to, binding upon or enforceable against the Executive or any of his assets, (ii) constitute or result in any breach of any of the terms, provisions, conditions of, or constitute a default under, or an event which, with notice or lapse of time or both, would constitute a default under, any indenture, agreement, contract or other document to which the Executive is a party or by which the Executive may be bound or (iii) require the consent or approval of any court, governmental authority or other person. Neither the execution, delivery nor performance of this Employment Agreement, nor the consummation by the Executive of the obligations contemplated hereby requires the consent of, authorization by, exemption from, filing with or notice to any governmental entity or any other person.

assistant: No Conflicts
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 herein to the contrary, including the parties’ submission to jurisdiction of the courts of the State of New York pursuant to Section 33 , any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the New York offices of the American Arbitration Association (“ AAA ”) before three (3) qualified arbitrators, one (1) selected by each party and one (1) selected by both parties. The arbitration shall be administered by AAA under its Commercial Arbitration Rules and Mediation Procedures (the “ Rules ”) in accordance with the expedited procedures in those Rules. Judgment on the arbitration award may be entered in any state or federal court sitting in New York, New York or in any other applicable court. This Section 32 shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In the event that this Agreement is terminated pursuant to this Section 32 , Asset Manager shall be entitled to any and all damages and legal remedies arising from or in connection with such default including, but not limited to, direct, indirect, special, consequential, speculative and punitive damages, as well as lost profits and business in the future.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: either that there was an attorney-client relationship between Coffey and TADA members or that the communications sent to TADA members were kept confidential. To invoke the attorney-client privilege, Defendants must show that the asserted holders of the privilege, here the members of the TADA, were or sought to become clients at the time the allegedly privileged communication was made. See Mobil, 149 F.R.D. at 536. The Fifth Circuit has not addressed whether a trade association’s members are necessarily clients of the association’s lawyer and, thus, are permitted to invoke the protections of the attorney-client privilege for communications with the association’s lawyer. Defendants cite cases from other circuits that support such a rule. See Philadelphia Hous. Auth., 294 F.Supp. at 1150 (<HOLDING>) (citing United States v. American Radiator & Options: A. holding thatcities are not persons within the meaning of 3a9 of pre1975 version of securities exchange act of 1934 which defined person to mean an individual corporation a partnership an association a jointstock company a business trust or an unincorporated organization B. holding an attorney is an agent of the client and therefore cannot conspire with the client C. holding that undisclosed representation of an association that the arbitrator disclosed he was a member of and the association will be affected by the outcome of the case is evident partiality D. holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person E. holding that each individual member of an unincorporated association is a client of the associations lawyer

assistant: The best answer is E. holding that each individual member of an unincorporated association is a client of the associations lawyer
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: if you opt out of the arbitration agreement , if the arbitration agreement is found by a court to be unenforceable , if your claim is an excluded dispute , or if you neither are a resident of nor have a principal place of business in the us or canada , you agree to resolve any claim you have with us arising out of or relating to these terms or onavo exclusively in a state or federal court located in san mateo county , california , united states and to submit to the personal jurisdiction of the courts located in san mateo county , california , united states for purpose of litigating all such claims .

assistant: 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: we will charge your payment method for your monthly membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period to view the monthly membership price and end date of your free trial period , visit our website and click the `` billing details '' link on the `` your account '' page .

assistant: None